One a Month Handguns - when does the time start

sxs · Aug 26, 2013

OK, guys. I saw some threads on here sometime back as to when does the 'month' start. I tried using search to relocate them and did find a couple threads that were several years old...and may still be valid. I know from reading post, a lot of guys have more than 1 purchase in the pipeline, but many are designated collectors; something I failed to avail myself of since I originally had no thought of making any purchases. So, I finally pull the trigger on a handgun (pun intended!!

)a few months back, June 26 to be exact. No notification yet from state police, but I received the firearm on Aug 2nd when my FFL decided to began early releases. Now I have this issue: I have come across another handgun at a very nice price I am interested in. Yeah, Yeah, I know I should'a applied to become a DC. But the issue now is this: Did my 30 days begin June 26th (paid for it), August 2nd (received it) or when the Not Disapproved comes back. I believe the date would be Aug 2nd (when I received it). Is this true...or am I all wet. If true, could I begin the purchase of this 'new' (well, new to me) handgun and just not take possession until Sept 2nd or later.

Sorry to revisit this issue yet again, but I couldn't find threads that might quote from, or have links to Maryland Police websites (as opposed to just some members opinions).

Worst case scenario, I guess I could do the transfer via an FFL rather than just doing it at the State Police.

Thanks, guys, in advance for your help

Boom Boom · Aug 26, 2013

August 2nd. Clock starts when you physically take possession of the previous one. Sixty days if you picked up two at once the previous time.

I'm sure some people are ignoring the 30-day rule right now and think they're getting away with it. They won't be happy if/when MSP comes knocking on their door a few months down the road to confiscate their guns and formally charge them with violating MD firearms law.

gabe72 · Aug 26, 2013

Msp can't complete a simple background check in 7 days,I've seen how there regulated firearms list is outdated on individuals,myself included,don't see how they are going to come to an individuals house that may already own several firearms and take one away because someone only waited 27 days instead of 30,but its like Alice in wonderland in this state sometimes.

Boom Boom · Aug 26, 2013

gabe72 said:
don't see how they are going to come to an individuals house that may already own several firearms and take one away because someone only waited 27 days instead of 30,but its like Alice in wonderland in this state sometimes.

Simple. They see you violated MD firearms law. They get a warrant, get into their cruisers, head over to your house, and take you into custody for processing. MD firearms laws are what they are, like them or not. Ignore them at your peril. The onus is on you to follow those laws to the letter.

j8064 · Aug 26, 2013

Boom Boom said:
Simple. They see you violated MD firearms law. They get a warrant, get into their cruisers, head over to your house, shoot your dog and take you into custody for processing. MD firearms laws are what they are, like them or not. Ignore them at your peril. The onus is on you to follow those laws to the letter.

FIFY

Don H · Aug 26, 2013

Understand that MD doesn't want you, a law abiding citizen, to own ANY firearms and any excuse to confiscate all of them is all they need. Now if you're a criminal then they could care less what or how many guns you have.

sxs · Aug 26, 2013

Boom Boom said:
August 2nd. Clock starts when you physically take possession of the previous one. Sixty days if you picked up two at once the previous time.

I'm sure some people are ignoring the 30-day rule right now and think they're getting away with it. They won't be happy if/when MSP comes knocking on their door a few months down the road to confiscate their guns and formally charge them with violating MD firearms law.

What you state is what I had as an impression from previous readings. Does anyone have a link to an MSP site that spells that out. I agree with you, double Boom , that it's worth being a bit anal about following the law. I don't want 'em coming after all my guns because of one that I got a few days early that I don't really need. I'm inclined to pursue the gun I found. By the time 8 days have passed, it will be beyond Sept 2nd (more than 30 days). However, I would still be interested in any links anyone can provide before contacting the owner.

Magnumite · Aug 26, 2013

One the regulated firearms purchase application, there is a question near the bottom which asks if a regulated firearm was received within the last 30 days. If so, then they ask the date, IIRC. Been a long time, been on the collector's status for several years. So it falls on the party turning over the firearm to check the date for legal transfer. If they were given false information about the date of the last regulated firearm taken possession of, then it is the buyer who guilty of perjury.

This is one reason why I refuse to release a regulated firearm on the eighth day in a private transaction through the MSP.

Ranchero50 · Aug 26, 2013

In this climate I'd buy the gun and fill out the 77r truthfully. Dang, wait for the 30 days to elapse and the gun you want will surely be gone. You'd just have to wait until Sept 3rd or so to pick up your 'on time' pruchase if your FFL is releasing on time. Sure beats trying to find your pistol during the clusterfluck that's going to be September.

If the gun is on 'sale' you'll also fall under the 2 in 60 days clause. Fill out your DC paper as well, it's free to do and just needs a notarization.

sxs · Aug 26, 2013

Ranchero50 said:
In this climate I'd buy the gun and fill out the 77r truthfully. Dang, wait for the 30 days to elapse and the gun you want will surely be gone. You'd just have to wait until Sept 3rd or so to pick up your 'on time' pruchase if your FFL is releasing on time. Sure beats trying to find your pistol during the clusterfluck that's going to be September.

If the gun is on 'sale' you'll also fall under the 2 in 60 days clause. Fill out your DC paper as well, it's free to do and just needs a notarization.

Actually, you misunderstand. The gun is for sale inexpensively by a private party. The other firearm I purchased Aug 2nd was from an FFL. The private party specified that they would consider early release if I had a Not Disapproved recently. I had one 2 years ago and another when I sent the same firearm for warrantee work and the frame was replaced. As a result, I had to have the repaired gun transferred again (sucks!!) because the serial number had changed! Hopefully that will meet the sellers criteria for recent. Oh, and I will be sending in my DC paperwork soon as well.

Thanks, everyone for the info.

fabsroman · Aug 27, 2013

sxs said:
Actually, you misunderstand. The gun is for sale inexpensively by a private party. The other firearm I purchased Aug 2nd was from an FFL. The private party specified that they would consider early release if I had a Not Disapproved recently. I had one 2 years ago and another when I sent the same firearm for warrantee work and the frame was replaced. As a result, I had to have the repaired gun transferred again (sucks!!) because the serial number had changed! Hopefully that will meet the sellers criteria for recent. Oh, and I will be sending in my DC paperwork soon as well.

Thanks, everyone for the info.

The DC approval is running about 2 months right now. So, good luck getting that back before the HQL goes into effect.

If the private citizen is worried about releasing on-time, maybe enlist the help of a FFL at this point.

As far as handguns go, about the only way for you to get 2 more before October 1, 2013 is to have an FFL do the paperwork for this one and another one you fancy and put them both on the same Form 77r. The FFL will release to you on the 8th day and you will have to wait another 60 days before taking possession of another regulated firearm, which will be a moot issue because that will be early November when the HQL is required.

Then, if you want an assault weapon too, complete a Verifiable Purchase Order for the assault weapon with a dealer and take possession of the assault weapon(s) in November after the DC approval comes through.

dontpanic · Aug 27, 2013

Magnumite said:
One the regulated firearms purchase application, there is a question near the bottom which asks if a regulated firearm was received within the last 30 days. If so, then they ask the date, IIRC. Been a long time, been on the collector's status for several years. So it falls on the party turning over the firearm to check the date for legal transfer. If they were given false information about the date of the last regulated firearm taken possession of, then it is the buyer who guilty of perjury.

This is one reason why I refuse to release a regulated firearm on the eighth day in a private transaction through the MSP.

It says have you purchased, Not have you received. The 30 days between taking possession is from the MSP, not the law. That said the MSP is charged with enforcing the law and how they interpret it must be respected. Even if it defies all logic.

fabsroman · Aug 27, 2013

dontpanic said:
It says have you purchased, Not have you received. The 30 days between taking possession is from the MSP, not the law. That said the MSP is charged with enforcing the law and how they interpret it must be respected. Even if it defies all logic.

Yeah, the 30 days between regulated items defies all logic. Only thing I can possibly guess is that they put it in there to slow down straw purchases. Then, they allow designated collector status.

SB281 does not make any logical sense either. The statistics just do not support banning "assault weapons", yet they are going to be banned. Good Lord, my head hurts just think about "making sense" out of this mess.

swinokur · Aug 27, 2013

I wouldn't want to be an FFL and get caught releasing in less than 30 days. Remember MD requires an FFL to have a MD license as well. If MD takes your license, your Federal FFL won't be worth much.

Magnumite · Aug 27, 2013

The purchased phrase refers to taking possession. Same s the straw purchase statute.

Pinecone · Aug 27, 2013

One gun a month came back in the 90s from various attempts to ban handgun sales. It was a compromise with the attitude that no one needs to buy more than one a month.

If you accidently pick up one too soon. No big deal. Someone on here did that, and after it was discussed here, he actually called MSP and they told not to worry.

BUT, I suspect if you did it more than once, at some point you might get a visit from MSP.

And getting charged with a firearms violation is not a good thing.

PeePeeMcGee · Aug 27, 2013

As long as you answer form 77r truthfully, you have nothing to worry about. Btw, its scary how opinions on this issue differ from FFL to FFL. I know (2) FFL dealers that go by the application date rather than the possession date. Based on the statutes that I have read, and form 77r, I interpret it as the date of the application. However, MSP definitely goes by the date of possession.

Fabrosman and I had a very lengthy discussion on this topic a couple months ago, btw. Im sure he remembers it--no hard feelings btw haha

One a Month Handguns - when does the time start

The #1 community for Gun Owners of the Northeast

Member Benefits:

Senior Member

Hold my beer. Watch this.

Ultimate Member

Hold my beer. Watch this.

Garrett Co Hooligan #1

Ultimate Member

Senior Member

Ultimate Member

Ultimate Member

Senior Member

Ultimate Member

Ultimate Member

Ultimate Member

In a State of Bliss

Ultimate Member

Ultimate Member

Active Member

Users who are viewing this thread

Log in

Forum statistics