MSP 77r e-portal goes live 1-1-17

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  • mtm1974

    Member
    Aug 21, 2015
    86
    Cockeysville, MD
    Only 11 Days to Christmas and 18 Days until another online system! Maybe we will have a Xmas miracle and the system will work as designed!
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,466
    Westminster USA
    That would kind of be like giving each bank teller and grocery store clerk your Debit/ATM PIN.

    I hope you enter it yourself rather than giving the code to the FFL
    i assume that is what will happen. the portal should only give back asterisks so what you type isn't visible.
     

    basscat

    Ultimate Member
    Jul 23, 2012
    1,397
    Lets all get real for a moment. If you think this system was designed to make it easier, more efficient for us you are sadly mistaken. This is a way to more efficiently track people's purchases. They are lost with all the paper 77Rs and couldn't possibly track all of them. Half of them are probably lost or damaged. Now they will have everyone's email addresses. Something they didnt have before. You can call it "tin hat" if you want but remember, they are " the government". Sort of makes that HPRB sign in sheet look insignificant dont it?
     

    kalister1

    R.I.P.
    May 16, 2008
    4,814
    Pasadena Maryland
    Really? You are complaining about the requirement of an email address? This is one reason lawmakers and public officials don't take the 2A community serious. You will complain about anything.... just to complain. There is no perfect fix to this screwed up system Maryland has in place. But this system will drastically save time. When people were waiting six months for an approval and had no idea where their application stood, they were emailing the msp constantly. They didn't mind giving an email then. This system is designed to prevent any further debacles like the background check delays. They have made hundreds of other improvements as well. I am the first one to complain when the MSP is doing something stupid. But this may be the best thing that has ever been developed for the Licensing Division. I do see this opening up doors for the 2A community. Especially on the 7 day wait and one gun a month rule. But come on. Are you really complaining about giving an email address?


    Sent from my iPhone using Tapatalk

    As far as the waiting period: Anything over the mandatory 7-8 day wait is NOT Maryland LAW! Please, do NOT blame this on the State. Maryland Law allows the dealer to release after the mandatory wait. If you have a handgun waiting longer than that, you picked the wrong dealer.
    How is this helping One Gun a Month?
     

    chesapeakeIRON

    Ultimate Member
    Mar 5, 2012
    1,488
    Harford County
    no it's because they used to mail everything. faxes and the Internet changed that. Like many other things, laws don't keep up with technology

    IF i own 10 guns, what is one more gonna do to help me cool down?

    Yeah I hear you, that would be very dumb and I though it was dumb for all these years

    well then this means the 7 day wait should decrease
     

    chesapeakeIRON

    Ultimate Member
    Mar 5, 2012
    1,488
    Harford County
    As far as the waiting period: Anything over the mandatory 7-8 day wait is NOT Maryland LAW! Please, do NOT blame this on the State. Maryland Law allows the dealer to release after the mandatory wait. If you have a handgun waiting longer than that, you picked the wrong dealer.
    How is this helping One Gun a Month?

    Ill agree with you on this, I remember during that rush there MSP held a meeting telling FFLS to release firearms after 7-8 days
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,466
    Westminster USA
    I'm not defending MSP's apparent lack of a plan for inclusion for all citizens, but it isn't impossible to get an email address and a credit card.

    1.You can go to a library and create a free Gmail, Yahoo or Hotmail account.
    2.You can get a prepaid CC.

    So while not very convenient, it's not impossible.
     

    mopar92

    Official MDS Court Jester
    May 5, 2011
    9,513
    Taneytown
    As far as the waiting period: Anything over the mandatory 7-8 day wait is NOT Maryland LAW! Please, do NOT blame this on the State. Maryland Law allows the dealer to release after the mandatory wait. If you have a handgun waiting longer than that, you picked the wrong dealer.
    How is this helping One Gun a Month?

    Sort of incorrect. The reason so many dealers didn't do timely release during the surge of 2013 was LIABILITY. The MLFDA filed a lawsuit to allow timely release. MSP was forced to admit that in the event a prohibited person was sold a firearm the FFL would not be charged with releasing a firearm prior to the completion of a 77R. Some dealers where doing a linited timely release to Law Enforcement, frequent customers, and those with a copy of a Not Dissaporoved 77R dated within the previous 90 days. Once MSP admitted and accepted liabilty for firearms released during their failure to timely process paperwork within the MD 7 day waiting period most dealers began timely releaser after 7 days.

    Prior to the lawsuit and this finding MSP LD informed dealers that they would be charged in the event of a regulated firearm being released to a prohibited person.
     

    kalister1

    R.I.P.
    May 16, 2008
    4,814
    Pasadena Maryland
    Sort of incorrect. The reason so many dealers didn't do timely release during the surge of 2013 was LIABILITY. The MLFDA filed a lawsuit to allow timely release. MSP was forced to admit that in the event a prohibited person was sold a firearm the FFL would not be charged with releasing a firearm prior to the completion of a 77R. Some dealers where doing a linited timely release to Law Enforcement, frequent customers, and those with a copy of a Not Dissaporoved 77R dated within the previous 90 days. Once MSP admitted and accepted liabilty for firearms released during their failure to timely process paperwork within the MD 7 day waiting period most dealers began timely releaser after 7 days.

    Prior to the lawsuit and this finding MSP LD informed dealers that they would be charged in the event of a regulated firearm being released to a prohibited person.

    Just what is NOT correct? Does the Law require dealers to hold the gun or NOT!
    Highlighted MOST, so you do agree that NOT all dealers did in the past or do now. So I stand on my statement, If your dealer does NOT release per the law, it's on him. The law is / was clear, there is and never was a requirement for the dealer to wait on the MSP.

    Who filed that Lawsuit?
     
    Last edited:

    pop-gunner

    Ultimate Member
    May 8, 2008
    2,272
    Just what is NOT correct? Does the Law require dealers to hold the gun or NOT!
    Highlighted MOST, so you do agree that NOT all dealers did in the past or do now. So I stand on my statement, If your dealer does NOT release per the law, it's on him. The law is / was clear, there is and never was a requirement for the dealer to wait on the MSP.

    Who filed that Lawsuit?

    You're right. The law is clear. It says the dealer MAY release. It does not say they have to. Since it's the dealers ass on the line cut them some slack.
     

    Jack McCauley

    Active Member
    Oct 16, 2014
    193
    Just what is NOT correct? Does the Law require dealers to hold the gun or NOT!
    Highlighted MOST, so you do agree that NOT all dealers did in the past or do now. So I stand on my statement, If your dealer does NOT release per the law, it's on him. The law is / was clear, there is and never was a requirement for the dealer to wait on the MSP.

    Who filed that Lawsuit?



    When the MSP Licensing Division first began missing the 7 day deadline for a background check in 2013, there was quite a bit of confusion as to what could and could not be done by the dealers. I was on a group phone call with the ATF and the FBI regarding this issue. The ATF's attorney took a stance that under federal law, a firearm could not be released without a nics check, regardless of the timeline. The MD Attorney General said under Maryland law, a firearm could be released without the completed background check on the 8th day. In a follow-up conversation with an attorney for the FBI, I was told the gun could be released without a NICS check and the ATF attorney was wrong. So I started a written dialogue to get a firm response in writing. It was at that point, both attorneys refused to answer me and stopped accepting my calls. I retired shortly thereafter. Months later, the MSP would be notified by the ATF that a firearms sale could not be held up because a state agency couldn't complete the background check, including the NICS check. It took a while before any dealer became brave enough to start releasing guns. And even after the MSP told them it was not against the law, some dealers still wouldn't release firearms. So to respond to your statement, you are a little bit inaccurate with your statement. The law "was" not clear at one point in time. It is clear now. But five years later, maybe a new group of attorneys would access the situation differently.


    Sent from my iPhone using Tapatalk
     

    mopar92

    Official MDS Court Jester
    May 5, 2011
    9,513
    Taneytown
    Just what is NOT correct? Does the Law require dealers to hold the gun or NOT!
    Highlighted MOST, so you do agree that NOT all dealers did in the past or do now. So I stand on my statement, If your dealer does NOT release per the law, it's on him. The law is / was clear, there is and never was a requirement for the dealer to wait on the MSP.

    Who filed that Lawsuit?

    The law doesn't require it. Just as the law doesn't require AR-15 lowers to have a 77R. However when the State Police threaten you with arrest you tend to comply. Why you say? Because they're the State Police and an indictment means that an FFL gets shut down. The law is clear but that doesn't mean you won't get arrested, charged, and your assets seized. Think I'm wrong? Just listen to MSI's testimony regarding CCW restrictions.
     

    Jack McCauley

    Active Member
    Oct 16, 2014
    193
    Lets all get real for a moment. If you think this system was designed to make it easier, more efficient for us you are sadly mistaken. This is a way to more efficiently track people's purchases. They are lost with all the paper 77Rs and couldn't possibly track all of them. Half of them are probably lost or damaged. Now they will have everyone's email addresses. Something they didnt have before. You can call it "tin hat" if you want but remember, they are " the government". Sort of makes that HPRB sign in sheet look insignificant dont it?



    I would suggest you are wrong. The MSP never had much of a problem with the MAFSS system. Your paper application was stored in a file cabinet until it was entered as a final sale in the MAFSS system. Then it was placed in a filing cabinet in an often flooded basement where the moisture would cause many of the applications to stick together like they had been glued.

    Yes. This will make it slightly easier to track your purchase. But not much of a difference there. The data was already entered before a paper application was permanently filed in the basement.

    Picture this;
    300 to 600 paper 77rs plus additional paperwork totaling 6 to 9 pages, coming across one fax machine per day. The machine would get overheated and break down constantly. All those papers had to be sorted, filed, checked for accuracy, entered for billing, unstapled, hand stamped, signed, faxed back, stapled again, filed again, unfiled and additional info added once the dealer released the firearm, and all information entered into MAFFs. Quality control checks made and then filed again. All the billing and checks received was a full time job for two people that one amazing clerk did by herself.

    Now some of those were illegible, data was entered wrong, secondary checks had to be made and so on.

    The electronic form eliminates many many man hours, confusion, illegible documents, damaged paperwork, broken fax machines. This creates a much more efficient system. It saves tons of headaches and will help prevent a backlog of checks from happening in the future.

    I worked with these troopers at Licensing. They don't have a conspiracy to track your gun purchases. They want a better, more efficient way to do their job, using equipment and methods that meet the standards of todays' technology.

    And since I was begging for automation and funding for this, I am pretty confident I know why this 77r electronic form was created. I don't think I am sadly mistaken.


    Sent from my iPhone using Tapatalk
     

    Jack McCauley

    Active Member
    Oct 16, 2014
    193
    As far as the waiting period: Anything over the mandatory 7-8 day wait is NOT Maryland LAW! Please, do NOT blame this on the State. Maryland Law allows the dealer to release after the mandatory wait. If you have a handgun waiting longer than that, you picked the wrong dealer.

    How is this helping One Gun a Month?



    I believe this system opens the door for one of two things to occur;
    1) A successful court challenge to the 7 day wait
    Or
    2) A change in legislation.

    We have been told the purpose of the 7 day wait is for a "cooling off period." The real reason is the MSP couldn't process the apps any quicker than 7 days when this law first went into effect. I was told this directly from the author of the original gun safety act of 1994. But, if MD lawmakers still want to stick with the concept of a cooling off period, the idea doesn't hold water since the hql became law. If you have an hql, you are pretty cooled off. In fact, up to 30 days cooled off. The 9th Circuit overturned a similar cooling off period for the same reasons in California. Their version if the HQL eliminated a wait to purchase.

    One gun a month rule is waived for anyone who applies for a collectors status. We have been round robin again and again and the AG has determined that everyone is eligible for this collector status if they "apply." The only requirement is that you apply. This electronic system could make that application be a checked box as soon as you create an account. Becoming a designated collector would be simple.


    Sent from my iPhone using Tapatalk
     

    basscat

    Ultimate Member
    Jul 23, 2012
    1,397
    With all due respect Jack, I think you just made my point. Everything you just stated benefits Lic division and not the end user, which is us. Granted, it will save time,energy, man hours, etc.. for lic division employes but how will this new system help the buyer? Still the seven day wait, still 2 trips to the dealer, still the same info to fill out. Now your adding an email requirement and a cc payment where the dealer always took care of it not to mention the possibility of computer failure, hacking, etc. It may work out fine but I'll reserve judgement for now.
     

    Melnic

    Ultimate Member
    MDS Supporter
    Dec 27, 2012
    15,351
    HoCo
    So, this will effect anyone who will be buying a handgun or lower after 1 Jan 2017. Buyer will log into MSP web sight to start 77r. You provide info for the same parts of forms you fill out today. You will need a valid email address. Once you complete your part of form you will get a code emailed to you. You bring that code to FFL. FFL will open application and auto populate 77r form with pulled down info from your data (FFL will use that code you were emailed). FFL qa's answers and corrects some items if needed. Ex wrong choice in sales type... FFL adds in info on weapon being bought and other info FFL normally enters on 77r. FFL then turns computer over to you to pay $10.00 MSP fee. You will need a credit card for that or some arrangement with FFL if you don't have a credit card. FFL submits 77r electronically and if all goes well you pick up weapon after 7 day waiting period like normal

    Take aways:
    - buyer starts process online
    - buyer needs email address
    - buyer pays MSP 10.00 fee directly and then what ever FFL charges for transfer direct to FFL given buying situation.

    Sent from my SM-G930P using Tapatalk

    There is a unique code for each transfer?
    I would expect most people will not fill out the form online BEFORE going to the gun shop or gun show. Some will, but most won't.
    Is it going to work out for the Transferee to do everything at the Shop/Show?
     

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