77R lawsuit successful

Wonder if FFLs will receive the official statement or will it be up to us customers to let them know it exists? ....... and then wait for days to weeks of waffling before they (FFLs) have and official stance or policy on releasing our firearms on time.

Great news.

bigwillc said:

Wonder if FFLs will receive the official statement or will it be up to us customers to let them know it exists? ....... and then wait for days to weeks of waffling before they (FFLs) have and official stance or policy on releasing our firearms on time.

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Without hard documentation, customers can not really do anything.

Hopefully someone will upload any supporting documents from the case.

Bohlieve410 said:

Hahaha, suck it Owe'Malley.

Awesome. Time to donate more to MSI!

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Shamr0ck said:

+1. Don't forget to support the MLFDA, they have cross associated with this effort too.

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+1 for this! It was a team effort and we need to support all of the players.

"We are pleased to announce a successful outcome in the 77R lawsuit due to the combined efforts of AGC, Maryland Licensed Firearms Dealers Association (MLFDA) and MSI."

We've made contributions to both MSI and MLFDA. Thanks for the good work!

The new question is whether those FFLs are going to still hold out the whole "well, I don't have an NTN" non-issue. I feel like the BATFE has been consistent about it not being required, but then you hear a rumor or two and it's back again.

SeaScorpion said:

This is what's different.

In binding legal statements filed to avoid our lawsuit, the State of Maryland has declared its position, never voiced officially prior to this lawsuit and contrary to many prior unofficial statements, that regulated firearms transfers are permissible after the seven-day waiting period and will not be punished.


Note the phrase "BINDING LEGAL STATEMENTS". The wriggle room is gone-- 8th day release is now OFFICIALLY the policy of the sate of Maryland.

Full stop.

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Cool, thanks.

the only legitimate thing holding dealers back is fear of civil liability, and perhaps some fear of selling to a murderer.

Anyone heard anything about the "30 day wait"? Ive been told MSP says u have to wait 30 days after the entire process of buying a regulated firearm.. It would be terrible if someone got their gun (after 7days) and waited 3 months to buy again then years later someone comes to arrest them and take all their guns because they hadnt waited 30days passed the time the actual paperwork was approved by msp

Personally, I think those FFL's that won't comply should be put on "Blast" for all firearm owners to avoid!


Sorry it was already placed in another thread! oops!

I really believe that we have reached the tipping point. FFLs now have clear legal permission to release after 7 days with a promise that they will not be held accountable by the state for doing so.

Any FFL that continues to wait for a ND going forward is doing so for reasons that have nothing to do with legality.

kohburn said:

the only legitimate thing holding dealers back is fear of civil liability, and perhaps some fear of selling to a murderer.

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Don't forget insurance carries. I know at least a few IPs here pointed to that as their main concern. Bullying from MSP was secondary since the law says they may release.

l730dc said:

Anyone heard anything about the "30 day wait"? Ive been told MSP says u have to wait 30 days after the entire process of buying a regulated firearm.. It would be terrible if someone got their gun (after 7days) and waited 3 months to buy again then years later someone comes to arrest them and take all their guns because they hadnt waited 30days passed the time the actual paperwork was approved by msp

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Say what? Sounds like rumor mills.

Lou is a FFL, IP here (Shooter's Discount) and board member of MLFDA and I quote him from a post on another thread....

Lou45 said:

Supposedly (I received it) all MD licensed regulated firearms dealers received a letter (printed paper with MSP letterhead) indicating how to release a regulated firearm(s) on or after the eighth day without receiving any feedback from MSP in regard to the background check being completed. Basically this is what we were fighting for from the beginning in regard to the massive backlog of applications. They (MSP) were still being cautionary in their verbiage by insinuating they would prefer dealers to wait out the gambit for completed background checks, though not required.

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So the word is out to dealers...

Many thanks to MSI, AGC and the MLFDA for getting an official statement out of the MSP and AG.

Inigoes said:

Case Search still has the case status as "Open/Active"

http://casesearch.courts.state.md.u...il.jis?caseId=03C13005388&loc=55&detailLoc=CC

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It will take some time for the dockets to update.

eurobuff said:

The best solution would be to adhere to the constitution of the United States.

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Totally agree.

l730dc said:

Anyone heard anything about the "30 day wait"? Ive been told MSP says u have to wait 30 days after the entire process of buying a regulated firearm.. It would be terrible if someone got their gun (after 7days) and waited 3 months to buy again then years later someone comes to arrest them and take all their guns because they hadnt waited 30days passed the time the actual paperwork was approved by msp

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Here's the COMAR on multiple purchases:

.04 Multiple Purchase of Regulated Firearms.

A. Except as provided in Public Safety Article, §§5-128—5-129, Annotated Code of Maryland, and this regulation, a person may not purchase more than one regulated firearm in a 30-day period.

B. This regulation does not apply to:

(1) A law enforcement agency;

(2) An agency authorized to perform law enforcement duties;

(3) State or local correctional facilities;

(4) A private security company licensed to do business within the State;

(5) The purchase of an antique firearm as defined in Criminal Law Article, §4-201, Annotated Code of Maryland;

(6) Purchases by a dealer;

(7) The exchange or replacement of a regulated firearm by a seller for a regulated firearm purchased from the seller by the same person seeking the exchange or replacement within the 30-day period immediately preceding the date of exchange or replacement; or

(8) A person whose regulated firearm is stolen or irretrievably lost and who considers it essential that the regulated firearm be replaced immediately, if:

(a) The person provides the dealer with a copy of the official police report or an official summary of the report, a copy of which shall be attached to the application to purchase or transfer a regulated firearm,

(b) The official police report or official summary of the report contains the name and address of the regulated firearm owner, a description of the regulated firearm, the location of the loss or theft, the date of the loss or theft, and the date on which the loss or theft was reported to the law enforcement agency, and

(c) The date of the loss or theft as reflected on the official police report or official summary of the report occurred within 30 days of the person's attempt to replace the regulated firearm.

C. A person may apply for a multiple purchase of regulated firearms and, upon approval by the Secretary, may purchase more than one regulated firearm in a 30-day period under the following circumstances:

(1) The purchase of the regulated firearms is for a private collection or is a collector series;

(2) The purchase of the regulated firearms is a bulk purchase from an estate sale;

(3) The purchase of not more than two regulated firearms is a multiple purchase for the purpose of taking advantage of a dealer's discounted price available only for a multiple purchase, except that the purchaser is prohibited from purchasing a regulated firearm during the following 30-day period unless approved for a multiple purchase under §C(1) and (2) of this regulation; or

(4) Other similar purposes.

D. For the purpose of this regulation, a collector is an individual who:

(1) Devotes time and attention to acquiring certain types of regulated firearms for the enhancement of the collector's personal collection and does not act as a firearm dealer; or

(2) Possesses a Federal Collector's License (Curio and Relics).

lx1x said:

Say what? Sounds like rumor mills.

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What part is the rumor?

WOW! This is great news if indeed the shops all get on board now! Come on Continental...free my gun from his prison!!

Is it just me? I don't see any progress whatsoever. The MSP released several bulletins which seemed contradictory and still scare the bejesus out of the dealers. What makes anyone think this is a real solution?

tomh said:

Is it just me? I don't see any progress whatsoever. The MSP released several bulletins which seemed contradictory and still scare the bejesus out of the dealers. What makes anyone think this is a real solution?

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In binding legal statements filed to avoid our lawsuit, the State of Maryland has declared its position, never voiced officially prior to this lawsuit and contrary to many prior unofficial statements, that regulated firearms transfers are permissible after the seven-day waiting period and will not be punished.


This statement is new. They even acknowledged that they had never issued such a statement before. And they acknowledged that unofficial statements had been issued to the contrary. Pretty clear progress, IMHO.