Ragnar
Ultimate Member
Please join me in contacting the Firearms Industry Programs Branch at fipb@atf.gov or by phone at (202) 648-7190 to convince them to write a similar open letter for Maryland.
Here's my email to the ATF:
I am writing in regard to significant delays currently prevailing in Maryland involving certain firearms purchases and federal background checks. The Maryland State Police's background check process, which normally takes seven days or less, is currently delayed by as much as 80 days or more, effectively hindering legal firearms purchases.
I recently came across a letter from Mr. Chad J. Yoder, the ATF's Chief, Firearms and Explosives Industry Division, to all California Federal Firearms Licensees (FFLs) dated April 19, 2013 providing clarification on the interaction between federal and California state firearms purchase and background check regulations. The letter states that with respect to federal firearms background checks conducted through the California Department of Justice, "If no response is received from CA DOJ upon the completion of the 10-day waiting period, the FFL may transfer the firearm to the purchaser."
You may know that in the state of Maryland, where I live, federal background checks for certain "regulated" firearms purchases (generally, handguns and certain "assault" rifles) are conducted by the Maryland State Police (MSP). Maryland state law mandates a seven-day waiting period before a FFL may release a regulated firearm to a purchaser. Until recently, the MSP was generally able to complete its background checks, including the federal NICS check, within this waiting period. Because of a flood of firearms purchases in Maryland over the last several months, however, the MSP's background checks are now taking up to 90 days. While state law and federal regulations permit FFLs to release regulated firearms after the state-mandated seven-day waiting period, the MSP informally discourages this practice. Consequently, most Maryland FFLs are unwilling to release purchases of regulated firearms after seven days even though the practice would comply with state and federal regulations. They generally hold regulated firearms purchases until they receive a "not disapproved" notice from the MSP, which, as stated, can take up to three months.
I believe a letter to Maryland FFLs like the one you recently sent to California FFLs would provide sufficient clarification and comfort to Maryland FFLs that they would be able to release regulated firearms after the state-mandated waiting period in conformance with state and federal regulations. I respectfully ask that you send such a clarification to Maryland FFLs.