Maryland Shall Issue Files Suit Against the Maryland State Police

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  • L0gic

    Ultimate Member
    Mar 2, 2013
    2,953
    Each one has its individual 4473 for the date the transaction was initiated. One NICS check won't work for all the rest of them. They're holding the rest because they don't want to be boned on federal paperwork...

    I'm no lawyer, but if I'm reading the ATF guidelines correctly, for regulated purchases in MD, an FFL does not need an NTN to release after 7 days have passed. If no response is received by 3 days in their (ATF) book then its an assumed proceed.

    Lets take the example nationwide. Lets say some hacker group slipped a trojan or virus into the NICS system deleting all their information. They don't know who should and shouldn't have a firearm now so they can't give an answer in 3 days, but their rule book says automatic release after 3 days, so no NTN. Do you think the entire country is going to be ok with their firearm purchases being queued indefinitely until NICS is back online because that is exactly what is going on in MD.

    The ATF saying don't release without an NTN because of unusual circumstances is like a tenant telling his landlord he will be late with the rent because his boss did not pay him on time. That issue is between you and your boss and your landlord could care less. They designed the system and it should not be us (or the FFL) that is punished because they can't get the left hand to talk to the right hand using instant message instead of smoke signals.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,101
    If NICS expires after 30 days, then what happens with the guns released after 30 days, but without a MSP disposition with the NICS check and date?

    Nothing happens to them, a NTN is not required to complete a 4473.

    oh, and the upcoming sh!tstorm...if people buy a gun now and the wait for a disposition goes past oct 1...do they just sign twice(77r2 & 4473) and take it with them, or is anything else going to come in to play, such as the mag restriction.

    No one knows, as the regs haven't been finalized by MSP.
     

    fabsroman

    Ultimate Member
    Mar 14, 2009
    35,883
    Winfield/Taylorsville in Carroll
    Last time I looked at the spreadsheet (a couple of days ago) it looked like a 50 / 50 split. About 1/2 the dealers were releasing early or early with restrictions (I think it was 24 early and 26 with restrictions) and about 1/2 (54 or there abouts)were no go, waiting for paperwork. So yea, what did we gain? And yes I'm still waiting (day 69):sad20:

    Did you know that the FFL would hold the firearm until an ND came back? At day 69 means you and the FFL were probably well aware of this issue at the time you started the transaction. What was the understanding then between the two of you?

    My FFL released an April 4th, and several early May purchases to me right before Father's Day. We never had a discussion at all about when items would be released. However, before I bought my two mid June purchases, I made sure to discuss with him that they would be released prior to October 1, 2013. The October 1, 2013 date was my only issue. I did NOT need the guns prior to that and understood that there were others possibly in line before me. Regardless, he had them for me last week and I picked them up. Going to send one more his way before October 1, 2013 and then that is it for me.

    So, it really comes down to what the understand was, if any, between you and your FFL. Based upon that understanding, or lack thereof, you might have some options.

    After the lawsuit and/or the spreadsheet, anybody that picked a dealer/FFL that is not releasing prior to ND has nobody to blame but themselves. My brother in-law, brother, and sister have all made purchases since Father's Day, and I sent them all to my FFL who will release prior to an ND, which is generally after the 7th day sometime, but not actually on the 8th day. Well before the ND though.

    I believe the lawsuit makes it clear as day that they can legally release on the 8th day. Now, whether they are comfortable doing so is another story. I am sure that there are plenty worried about possible civil liability should something go wrong. Thing is, the rest of you should be making them worry about long term business viability at this point.
     

    smokey

    2A TEACHER
    Jan 31, 2008
    31,503
    Looks like "MSI POC lawsuit", "Lawyers from corporate", "about 1,000 guns waiting on a disposition", and "contact with fbi/atf" were some words buzzing around the store today(from the store manager)...this could get interesting. :innocent0
     
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