Why is MSP acting crazy???

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  • fabsroman

    Ultimate Member
    Mar 14, 2009
    35,923
    Winfield/Taylorsville in Carroll
    I made it half way through it. Pretty interesting. For an attorney that does that sort of thing, they would know the answer off the top of their head. Me, I would need to research it some more to see what the MSP brass could possibly be personally liable for. Wonder if people could sue O'Malley over this.

    Thing is, I think the real problem is the shops that are not releasing on time. The state has made it pretty clear that shops can release regulated firearms on the 8th day after submitting the Form 77r to the MSP if the shop has not heard back from the MSP.

    The only area of concern is where people have bought handguns after September 23rd, but the AG letter about needing the HQL has been out there since August 1, 2013.
     
    Thing is, I think the real problem is the shops that are not releasing on time. The state has made it pretty clear that shops can release regulated firearms on the 8th day after submitting the Form 77r to the MSP if the shop has not heard back from the MSP.
    Those not releasing on the 8th day are not worried about the MSP. They are worried about the ATF.
     

    iH8DemLibz

    When All Else Fails.
    Apr 1, 2013
    25,396
    Libtardistan
    I personally think it's because they know their work load is about to tripple next week.

    I'm waiting for the uproar to start when people don't have their HQL's in hand on day 30, 31, 32, 33, 57, 78, 102, etc., etc., etc...
     

    Hopalong

    Man of Many Nicknames
    Jun 28, 2010
    2,921
    Howard County
    They seem crazy lately because they're stuck between doing what the Governor/GA is telling them to do and realizing that doing so could land their collective asses in a sling. Extreme personal conflict can often cause irrational behavior.
     

    StantonCree

    Watch your beer
    Jan 23, 2011
    23,932
    I personally think it's because their work load is about to tripple.

    I'm waiting for the uproar to start when people don't have their HQL's in hand on day 30, 31, 32, 33, 57, 78, 102, etc., etc., etc...

    Ill read the case in a bit but side note.

    I bought a beretta on 7/16/12 and want to sell it to help a woman out. I don't need the gun I just wanted a beretta to cerekote. Its now 9/26/13 and they haven't even looked at my app. I called and spoke to a civilian worker today who not only cut me off multiple times while taking but due to that was giving me wrong information because she wasn't understanding my question due to not letting me finish.

    I deal with upset idiots everyday so I'm quite the patient man, today I had to stop her. "Ma'am, I'm a sworn officer and I understand what your saying however you keep interrupting me and giving me information that couldn't be more worthless. Please either stop talking so I can actually explain or transfer me to your supervisor" she shut up. But I can't sell the gun I bought 2 months ago :sad20:
     

    jonnyl

    Ultimate Member
    Sep 23, 2009
    5,969
    Frederick
    Those not releasing on the 8th day are not worried about the MSP. They are worried about the ATF.

    I think the ATF is pretty clear that 8th day release is ok.

    From Here:http://www.atf.gov/firearms/faq/brady-law.html#comply-brady-law

    Q: If a State is acting as a NICS point of contact (POC) and State law has requirements regarding the amount of time that a licensee must wait before transferring a firearm after contacting the State, should the licensee comply with the State requirements, the Federal requirements, or both?

    The licensee must comply with both State and Federal requirements.

    Example: State D is acting as a POC for NICS checks. State law requires a background check prior to the transfer of any firearm. State law also requires the licensee to wait 10 days to get a response from the State. The licensee must contact the State POC for a NICS check and a State background check. The licensee must comply with both Federal and State law by waiting 10 days for a response prior to transferring the firearm. If the licensee has not received a response from the State after 10 days, he or she may transfer the firearm.
     

    railbird

    Member
    Mar 13, 2013
    62
    Harford County
    I will be purchasing a handgun on October 1, just to see what happens when I don't have my HQL by October 30.


    You know, this brings up an interesting question. Are we expecting a revised 77r on October 1st? One that requires the HQL number?

    Nevermind. I found it. Mike Smigiel posted a draft months ago.

    http://www.scribd.com/doc/157075461/77R-Part-1-p1-updated-7-20-13-1

    77r requires the HQL number.

    You are not buying a gun October 1st. You might put a deposit on one, or put it on layaway but there's no way anybody who requires the HQL is buying a handgun October 1st. Or 2nd. Or 3rd. Or 4th...............................
     

    vector03

    Frustrated Incorporated
    Jan 7, 2009
    2,519
    Columbia
    Is it spelled out anywhere when the clock starts ticking on the 30 day mark? Is it when an application is initiated, or when you have completed the final requirement for the HQL?

    Maryland being the way it is, I imagine it's upon completion of the requirements...like the 30 days between receiving a regulated weapon without DC status.
     

    Vassago

    Member
    Sep 23, 2013
    88
    MoCo
    This is very interesting on the current 77r it does not have a space for an HQL number does it? If yes then disregard; If not then how will the FFL record and account for the persons HQL on already pending paperwork?
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,591
    SoMD / West PA
    They seem crazy lately because they're stuck between doing what the Governor/GA is telling them to do and realizing that doing so could land their collective personally liable asses in a sling. Extreme personal conflict can often cause irrational behavior.

    FIFY :)
     

    Mr H

    Banana'd
    Ill read the case in a bit but side note.

    I bought a beretta on 7/16/12 and want to sell it to help a woman out. I don't need the gun I just wanted a beretta to cerekote. Its now 9/26/13 and they haven't even looked at my app. I called and spoke to a civilian worker today who not only cut me off multiple times while taking but due to that was giving me wrong information because she wasn't understanding my question due to not letting me finish.

    I deal with upset idiots everyday so I'm quite the patient man, today I had to stop her. "Ma'am, I'm a sworn officer and I understand what your saying however you keep interrupting me and giving me information that couldn't be more worthless. Please either stop talking so I can actually explain or transfer me to your supervisor" she shut up. But I can't sell the gun I bought 2 months ago :sad20:

    You should be able to take your pink copy along with you, and show it to the trooper. Worked for the guy I just bought one from, when we discovered his records were farked.

    Of sourse, this was at GB... YMMV...
     

    01Stroker4x4

    Member
    Dec 3, 2012
    8
    Fallston, MD
    Showing your original 77r for the purchase should suffice even if they haven't recorded you as the legal owner yet. Others have done this already.

    Licensing Division told me that there can not be two pending applications for the same firearm/serial number. Also as far as MSP is concerned the firearm is not legally yours to sell until the background check has been completed......

    I was interested in transferring a lower to friend,with the only possible route being canceling the original 77r and filling out new paperwork through the dealer. Making it as if the lower never belonged to me.

    Would I be ok to just do the person to person transfer and see what happens?
     

    Clovis

    Ultimate Member
    MDS Supporter
    Aug 1, 2011
    1,420
    Centreville

    Wow! If I am reading this anywhere near right I would not be surprised if everyone in Annapolis is acting crazy. IANAL, but if I understand this a person, even an elected person, can be sued personally for violating another person, or persons civil rights. This would not be done to make the plantif wealthy, but would be done souly to impoverish the defendant for damages done in the form of denying rights. And as I read the decision, if for instance SB281 was found to be unconstitutional and a violation of citizen's rights, the possibility of bringing suit against the Govenor, personally becomes an interesting reality. May even be possible to personally sue the legislators who voted for it.
    But I ain't no lawyer and could be completely off base
     

    Brooklyn

    I stand with John Locke.
    Jan 20, 2013
    13,095
    Plan D? Not worth the hassle.
    Wow! If I am reading this anywhere near right I would not be surprised if everyone in Annapolis is acting crazy. IANAL, but if I understand this a person, even an elected person, can be sued personally for violating another person, or persons civil rights. This would not be done to make the plantif wealthy, but would be done souly to impoverish the defendant for damages done in the form of denying rights. And as I read the decision, if for instance SB281 was found to be unconstitutional and a violation of citizen's rights, the possibility of bringing suit against the Govenor, personally becomes an interesting reality. May even be possible to personally sue the legislators who voted for it.
    But I ain't no lawyer and could be completely off base

    Fight one fight at a time...

    we have to win in court before we can win in court ... :)

    Toss in some coin if you can...

    Help us help you MSI
     

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