Selling/ Transfer of Firearm Taken on Early Release Before Background Check Completed

01Stroker4x4 · Sep 26, 2013

I just want to get some opinions on this before I do a person to person transfer on a lower.

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.

The only possible route being canceling the original 77r and having the buyer fill out new paperwork through the dealer. Making it as if the firearm was never in my possession.

Does the above make sense and if anyone else asked did they get the same answer from MSP?

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

Has anyone attempted this and gotten an unwanted call from MSP?

Regards,

Chris

marte616 · Sep 26, 2013

Dude, thats a good question..

Hokie · Sep 26, 2013

01Stroker4x4 said:
The only possible route being canceling the original 77r and having the buyer fill out new paperwork through the dealer. Making it as if the firearm was never in my possession.

Does the above make sense and if anyone else asked did they get the same answer from MSP?

Seems like this is your only option...

Mdfan · Sep 26, 2013

How do you know if your background check was completed?

Jimbuck · Sep 27, 2013

My son and I might have a problem then too. I bought 3 lowers in July and we transfered one to him in Sept. I don't know if the first one was ever completed. I guess we will find out when they finally get caught up.

motox79 · Sep 27, 2013

i actually had a similar situation.....i went to transfer a pistol, and while at the MSP, i was informed that the firearm was "not registered" to me (despite waiting over 70 days for initial approval, and it being almos 100days after that). Wasn't a big deal, went home found my yellow copy of the 77R and provided that, and the trooper then let me proceed with the transfer. I was however a little bothered by his comment "you have quite a collection" as there are several regulated firearms i no longer own (oh, and they were transfered in MD!) I wonder how many serieal numbers come up registered to several people if they don't update their database (oh, i forgot, its not a database, its a voluntary registration :tdown:

)

NateIU10 · Sep 27, 2013

motox79 said:
i actually had a similar situation.....i went to transfer a pistol, and while at the MSP, i was informed that the firearm was "not registered" to me (despite waiting over 70 days for initial approval, and it being almos 100days after that). Wasn't a big deal, went home found my yellow copy of the 77R and provided that, and the trooper then let me proceed with the transfer. I was however a little bothered by his comment "you have quite a collection" as there are several regulated firearms i no longer own (oh, and they were transfered in MD!) I wonder how many serieal numbers come up registered to several people if they don't update their database (oh, i forgot, its not a database, its a voluntary registration)

Interesting. I have firearms that are MD regulated that I bought before moving here. Would they not let me transfer them? I could see them giving me a hard time, but there is no registration requirement for all guns in MD, so them requiring that it be in your name doesn't make sense.

dejacks · Sep 27, 2013

Maryland plus firearms equal on big headache for law abiding citizens. They have fixed this quandary with SB281. The unfortunate sole forced to move to MD will have to register all of their regulated firearms. I still haven't figured out how the registration of law abiding citizens' firearms is going to make us safer.

bitterkenny · Sep 27, 2013

Mdfan said:
How do you know if your background check was completed?

I think you're suppose to get the yellow copy of the paperwork. In a panic, I just looked for all my yellows, and crap, I don't think I have it for all of them...

JailHouseLiar · Sep 27, 2013

01Stroker4x4 said:
I just want to get some opinions on this before I do a person to person transfer on a lower.

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.

The only possible route being canceling the original 77r and having the buyer fill out new paperwork through the dealer. Making it as if the firearm was never in my possession.

Does the above make sense and if anyone else asked did they get the same answer from MSP?

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

Has anyone attempted this and gotten an unwanted call from MSP?

Regards,

Chris

LOL, MSP is making their inability to comply with the law YOUR problem? That's rich. The law says after the waiting period, it transfers, it's mine right?

Well then that's their problem. I can do whatever is lawful with my own property, meaning I can transfer it after the waiting period if I don't get whatever it is they send if a transfer isn't approved.

MSP seems to think they have some kind of right the law has never given them, such as registration. There is no registration, never has been and there never will be. That place simply a hotbed of conflicting information and make up nonsense all designed to empower the state and strip the rights of citizens.

I seriously doubt that even with the serial number of the weapon, MSP could tell anyone the status at this point. They are what, 100,000 applications behind?

j_h_smith · Sep 28, 2013

I bought a Glock from a forum member last month and he had not received the official paperwork back from when HE BOUGHT IT. The trooper at the barracks did a serial number check and found that the seller WAS NOT the owner on record. However, the seller brought his 77R which showed he had legally taken possession of it after the 7 day waiting period.

The trooper finished the paperwork and all went well.

HTH,
Jim Smith[/QUOTE

Selling/ Transfer of Firearm Taken on Early Release Before Background Check Completed

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