Father Son Transfer 7 Day Wait

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  • Kair350

    "Send Me"
    MDS Supporter
    Nov 6, 2016
    167
    Harford County MD
    A couple of months ago I gave my son a Glock 27. We are both Maryland residents. He completed an electronic 77r and received his "not disapproved" on the morning of the 8th day. On Sunday afternoon 4 June he filled another 77r because I was giving him a S&W Victory. On Tuesday morning at 9 am on the 3rd day he received his "not disapproved". Is this new no 7 day wait for Father Son transfers?
     

    protegeV

    Ready to go
    Apr 3, 2011
    46,880
    TX
    The wait has nothing to do with the not disapproved paperwork. Most of the time the paperwork arrives well after the 7th day. If it comes early you're still supposed to wait 7 days.
     

    Reptile

    Ultimate Member
    Sep 29, 2014
    7,282
    Columbia MD
    I thought the 7 day wait was the maximum time the state has to make a decision. If no decision in 7 days the firearm can be released to the buyer. If a not disapproved is received before the 7 days expire can't the firearm be released at that point?
     

    WildBill

    Member
    May 7, 2017
    63
    I thought the 7 day wait was the maximum time the state has to make a decision. If no decision in 7 days the firearm can be released to the buyer. If a not disapproved is received before the 7 days expire can't the firearm be released at that point?
    This is my understanding. There is no statutory 7 day wait. The relevant code just states the msp shall have 7 days to disapprovr any transfer. MSP generally waits the full 7 as a matter of policy, but if they do "not disapprove " before 7 days, you're good to go.
     

    protegeV

    Ready to go
    Apr 3, 2011
    46,880
    TX
    A father son deal is probably alright. Good luck getting an ffl to give you your pistol after 3 days though...
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    A firearm may not be transferred until the 7 day wait is up.

    There have been glitches in the electronic 77r. There was a period where they went out early. For my transfers this year they went out right on time. Maybe the glitch is back.

    Regardless, you have to wait the 7 days to complete the transfer.

    Now if the paperwork is late (i.e. the backlog we had 2013), you can transfer it after seven days. But if it's disapproved someone will have to go get it...
     

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    WildBill

    Member
    May 7, 2017
    63
    It appears I was mistaken, I looked up the relevant Maryland code for secondary transactions, here it is:

    *5-124. Secondary transactions*


    ***(a)*Seven-day waiting period. --

    ***(1)*A person who is not a licensee may not sell, rent, transfer, or purchase a regulated firearm until after 7 days following the time a firearm application is executed by the firearm applicant, in triplicate, and the original is forwarded by a licensee to the Secretary.
     

    BigDaddy

    Ultimate Member
    Feb 7, 2014
    2,235
    As long as he doesn't knock over any liquor stores or banks for a couple days you should be good. :)
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,884
    7 days is the Statutory Minimum . If the Not Disapproved isn't recieved within 7 days, the seller *May* release to buyer, but is not required to do so.
     

    fidelity

    piled higher and deeper
    MDS Supporter
    Aug 15, 2012
    22,400
    Frederick County
    I thought there was an exception for 77R transfers between direct family members (that were 18 or older), in that there was no wait, and the 77R could be submitted within 5 days of the transfer. I've posted on this in the past so will now go look for it and the relevant code.
     

    fidelity

    piled higher and deeper
    MDS Supporter
    Aug 15, 2012
    22,400
    Frederick County
    Here we go ... no wait in this case ... assuming the recipient of the gift isn't a designated collector and it's 30 days since the last 77R submission by the recipient.

    Here is a PDF from the MSP licensing portal website that contains the excerpt below ...

    http://mdsp.maryland.gov/Organization/Documents/Licensing Portal - User's Guide.pdf

    Page 21 ...

    Quote:
    An inheritance occurs when weapons are transferred upon someone’s death.

    HQL Requirement: The recipient of the inheritance is not required to have an HQL
    Max. # of Regulated Firearms: No maximum
    Wait: No wait
    Transfer Restriction: The applicant is not restricted or required to wait for transfer of their next regulated firearm
    Location: Barrack or Dealer; or Neither if completed by the applicant with an Application Type of Inheritance and submitted directly to the MSP

    10. Gift

    Gifts may only be given between immediate family members. “Immediate family” is defined in statute as: spouse, child, mother, father, grandmother, grandfather, or grandchild. When this sale type is selected, the applicant/recipient must define their relationship to the seller/giver of the gift, e.g.:

    As the recipient of the gift, I am the [spouse] of the giver of the gift.

    A regulated firearm may not be purchased and immediately given to another individual (as a gift, or otherwise), as this is an example of a straw purchase and is illegal in Maryland. The recipient of the regulated firearm gift is required to register the regulated firearm gift by completing and submitting a 77R-E within 5 days receiving the regulated firearm gift.

    HQL Requirement: HQL required by both applicant/recipient and seller/giver unless each qualifies individually for exemption
    Max. # of Regulated Firearms: 1, unless applicant is a designated collector
    Wait: Immediate transfer
    Transfer Restriction: Applicant/recipient must wait 30 days for transfer of next regulated firearm unless applicant is a designated collector
    Location: Barrack or Dealer, or Neither if completed by the applicant with an Application Type of Inheritance and submitted directly to the MSP

    The MSP recommends the purchase of a gift card when gifting a new firearm.

    One thing puzzling in the above is mentioning that the seller may have to have an HQL. When did this happen?
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    Here we go ... no wait in this case ... assuming the recipient of the gift isn't a designated collector and it's 30 days since the last 77R submission by the recipient.

    Here is a PDF from the MSP licensing portal website that contains the excerpt below ...

    http://mdsp.maryland.gov/Organization/Documents/Licensing Portal - User's Guide.pdf



    One thing puzzling in the above is mentioning that the seller may have to have an HQL. When did this happen?

    Cool. Thanks for posting that. i stand corrected.
     

    fidelity

    piled higher and deeper
    MDS Supporter
    Aug 15, 2012
    22,400
    Frederick County
    I only remember because I transferred a revolver to my wife pre-FSA 2013 to beat the deadline (to enable her to have a registered firearm in her name without going through the infringements of getting an HQL), so had checked the law then and mentioned it to the officer at the Frederick barracks helping with the transfer. He was unaware of it, made a phone call, and verified it. We thus put down a transfer date a few days earlier to the date that we were doing the paperwork.

    I then was curious to see if direct family member exception to the wait survived after implementation of FSA 2013, so had searched for it in the past. Kind of makes sense based on what you and others mention upthread as there's no restriction in lending immediately, and if someone is already in your household, they likely have access anyway.
     

    remodeler1

    Active Member
    Jul 23, 2013
    837
    Frederick
    I did the gift to a family member thing this spring. They consider it transferred when you send in the info. No trip to the barracks & no waiting period & no fee
     

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