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Old December 9th, 2017, 02:53 PM #41
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Quote:
Originally Posted by rbird7282 View Post
It sounds to me like perhaps a dealer released after seven days without having gotten the not-disapproved email from MSP and the MSP is going apeshit
Just my .02.


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How would the MSP know unless they set him up in a sting?
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Old December 9th, 2017, 02:56 PM #42
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Releasing after 7 days w/o a "not disapproved"is completely legal. MSP acknowledged as much in 2013 when MSI sued them.

The computer system might have changed.

The law did not
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Old December 9th, 2017, 02:58 PM #43
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So MSP is making law out of thin air again?
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Old December 9th, 2017, 03:00 PM #44
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If you read the advisoriess-possibly

Big surprise
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Last edited by swinokur; December 10th, 2017 at 12:45 PM.
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Old December 10th, 2017, 08:34 AM #45
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Quote:
Originally Posted by TheBert View Post
Just wait for the 77r site to go down and nobody can do any purchases or transfers of regulated firearms.

Also, where in the statues does it say that the the 77r site is the only way to process paperwork.
When the ePortal started, this was addressed. If the system is down, the FFL can process a paper 77r, just like the old days.
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Old December 13th, 2017, 01:13 PM #46
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I'm a dealer and here is my read on the Advisory. When the customer comes in for the final transfer, you must complete the transfer online with the Licensing Portal, then the 4473. Completing the 77r on a day other than the day of transfer (per the MSP) could result in forfeiture of our Dealers License.

In the past (with the paper system), the dealers would do the transfer and then had 7 days in which to send the completed 77r to the MSP [5-123 (d)(1)(i)], a requirement that is still in current statute. With the advent of the online application process, dealers transfer the firearm with the signing of the 4473 and completion of the 77r online. I believe many dealers thought that they had a few days in which to complete the 77r. However, the Portal design uses the date of the completion of the 77r as the actual date of transfer (there is no field for the dealer to enter the actual transfer date). This could affect non-collector customers who try to transfer a 2nd firearm on the 31st day after the last transfer if the 77r is not completed on the actual date of transfer.

Whether the MSP Advisory is correct in it's interpretation, or even consistent with current statute, is another question.
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Old December 13th, 2017, 01:22 PM #47
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Quote:
Originally Posted by Triggerscan View Post
I'm a dealer and here is my read on the Advisory. When the customer comes in for the final transfer, you must complete the transfer online with the Licensing Portal, then the 4473. Completing the 77r on a day other than the day of transfer (per the MSP) could result in forfeiture of our Dealers License.

In the past (with the paper system), the dealers would do the transfer and then had 7 days in which to send the completed 77r to the MSP [5-123 (d)(1)(i)], a requirement that is still in current statute. With the advent of the online application process, dealers transfer the firearm with the signing of the 4473 and completion of the 77r online. I believe many dealers thought that they had a few days in which to complete the 77r. However, the Portal design uses the date of the completion of the 77r as the actual date of transfer (there is no field for the dealer to enter the actual transfer date). This could affect non-collector customers who try to transfer a 2nd firearm on the 31st day after the last transfer if the 77r is not completed on the actual date of transfer.

Whether the MSP Advisory is correct in it's interpretation, or even consistent with current statute, is another question.
thanks for the clarification, now I understand the problem.

based on your comments I might venture there is a non-trivial possibility that the portal is not designed in compliance with the statute. Shocked, shocked I say!
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