Live Update of Dealers Release Policy

hkbob said:

UPDATE: .............

A: The Maryland State Police will not enforce the requirements of the new law with respect to applicants whose applications are pending as of October 1. In light of the number of currently pending applications, resulting from the unprecedented spike in new applications in recent months, it is a fair, reasoned, and appropriate result for those who are waiting for their pending purchase applications to be processed. Persons who submit purchase applications on or after October 1, 2013, unless otherwise
exempted by law, will be required to apply for and obtain a handgun qualification license before attempting to purchase a handgun.

Click to expand...

That may be MSP's stance, but aren't organizations such as MSI and the NRA still advising against it, since it's the AG's opinion that ultimately counts?

Dave T said:

That may be MSP's stance, but aren't organizations such as MSI and the NRA still advising against it, since it's the AG's opinion that ultimately counts?

Click to expand...

MSP says THEY will not enforce the law. That's great and all but you would still be in violation of the law. Nothing is to stop another agency from enforcing the law or it being brought against you in court. As to my knowledge the AG opinion on this has not change and the law has not. A law is a law.

This is what I have been trying to clarify in my post.
My understanding is the owner of Atlantic Guns is president of the mddealers assoc. and he should verify the supposed recent meeting with the AG,MSP, etc to settle this matter. A dealers assoc BOD member should make contact with the president/director or what ever he is and get this clarified. Thank you for your support.

ianmcall said:

MSP says THEY will not enforce the law. That's great and all but you would still be in violation of the law. Nothing is to stop another agency from enforcing the law or it being brought against you in court. As to my knowledge the AG opinion on this has not change and the law has not. A law is a law.

Click to expand...

How many laws are unenforced at the discretion of the police, any police? A perfect example is when you get a warning instead of a citation for a traffic violation. Also, a finding of guilt requires that the state shows that you had intent to break the law. MSP's second Advisory, published FAQ, and public press release stating that it is ok to pick up would make it hard to win against. The publicity would be highly embarrassing for the AG, Gov'ner, and MSP.


Sent from my iPad using Tapatalk - now Free

ianmcall said:

MSP says THEY will not enforce the law. That's great and all but you would still be in violation of the law. Nothing is to stop another agency from enforcing the law or it being brought against you in court. As to my knowledge the AG opinion on this has not change and the law has not. A law is a law.

Click to expand...

That's correct, of course. The MSP (and even the AG) can't change the law.

Hypothetically, the AG could say that (in his opinion) it's legal, but if you're arrested, his opinion shouldn't even come into play in determination of your guilt. The AG's opinion of the law is just that. I'm sure it would help tremendously at sentencing.

Politically, I don't think people who take possession under these circumstances have much to fear. It would further the political sh*tstorm over the handling of this issue, and that's the last thing the anti-2A folks want.

Okay... so a few more guns go through post-10/1, in addition to the tens of thousands sold in the lead-up. What do they care?

No more guns will be ordered by people without getting a HQL, and in a few weeks none will be delivered to people without a HQL.

They'll declare victory and move on.

I can see two possible problem scenarios:

1. Years from now, when the current individuals are out of office, some different anti-2A folks could decide to run the dates in their database and demand that people turn over those guns (or at least obtain a HQL). They wouldn't suffer the embarrassment over how it was handled in 2013.

2. Someone in government has occasion to have your gun and run the serial number, realizes the possession circumstances and decides to give you a rough time.

Both of those seem pretty unlikely and I can't see them throwing the book at anyone in this situation. A fairly small percentage risk of losing the gun or having to get a HQL.

Just my two cents worth.

different anti-2A folks could decide to run the dates in their database and demand that people turn over those guns

Click to expand...

The database would show that the firearm was purchased pre-Oct 1, and that the appropriate paperwork (for pre-Oct 1 purchases) was submitted. Requiring a HQL to receive it would also mean that individuals with handguns not in their immediate possession (say, at a gunsmith) would also require a HQL to receive THEIR pistol, and to charge one class of individuals and not the other would be selective enforcement of the law. All very hypothetical of course.

ianmcall said:

Fox Firearms in [Columbia]. Their policy is 8 day release if you meet one of the following requirements: LEOs, military personnel, MD carry permit holders, or an ND (from any dealer) within the past year. So if your father isn't one of those they will not release in 8 days. However this policy may have changes since it was report June 28th, 2013.

Click to expand...

More-specifically, their policy regarding 8th day release for military personnel is you have to be active duty. Retired doesn't count. Their reason for that is that AD personnel can be tranferred at any time...

Fortunately for me, the other exceptions still apply...