Firearms Dealers Who Won't Release on 8th Day

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  • Mr.Blue

    Living In A Bizarro World
    Nov 21, 2011
    1,523
    Miserable in MD
    we're a blue state but we have a republican gov. for the last two terms... so it being Dems is BS, the gov could address or take action if he wanted, and hes not

    He’s not a Republican! Other than being pro business, Hogan is a leftist tool.
     

    SWO Daddy

    Ultimate Member
    Jun 18, 2011
    2,470
    The dealers aren't the ones to blame here. The state is the problem. I can't blame shops for not wanting to take on the liability of releasing firearms against MSPs wishes.

    BS. The law supports releasing, not the MSP's "wishes".
     

    JTH20

    Active Member
    Feb 18, 2013
    536
    MD
    There were some LGSs in 2013 who found a middle ground between releasing after 8 days based on no response, and waiting forever to hear from MSP. They came up with reasonable criteria that provided evidence you were likely not a prohibited person.

    Things like showing a receipt for a firearm purchase within a certain amount of time (say, last 6 mo, or 1 year); recently issued designated collector letter; having a CC permit from MD or another state; or having an active duty military ID.

    The first three would show you had passed a background check, the last would show you had not recently been convicted of a felony level offense (since if so, you would be in custody, having surrendered your ID, or had already received punishment and been outprocessed from the military with DD or other-than-honorable and would not possess an ID).

    An up to date HQL should be all a shop needs now.

    In an ideal world, if we had to deal with a gun license, it should be all that's needed to buy a gun and have it shipped right to your door.
     

    Jmjfi

    Member
    Feb 1, 2020
    13
    We are releasing on 8th day at JMJ Firearms. More work but things are handguns are moving out.
     

    Stoveman

    TV Personality
    Patriot Picket
    Sep 2, 2013
    28,373
    Cuba on the Chesapeake
    The BGOS is strong in this thread.


    Two thirds of the first-time gun buyers voted for the tools who subsequently screwed them out of their 2A rights. It's only proper that they should be educated in the ways of the MD GA legislators in this way; it may open a few minds.

    I've pretty much run out of sympathy for the MD Dem voters. Let them eat the same shit sandwich they've fed us.

    You know that I've got no love lost for the MGA but this time it's not on them, totally up to the discretion of the individual shop.


    I understand the "heartburn". LGS are evaluating risk/reward here. With MD and MDSP and MGA overt hostility towards gunowners in their eyes they are trying to "protect" their business. Is it "right", no, is it "wrong" i don't believe so.

    Respectfully, nope.

    ^^^^ This.

    The Annapolis folks would like to shut down ALL handgun sales in MD. The LGS don't want to end up on the news as "Ignored requests from the MD State Police" and get the Vince's Crab House treatment.

    It sucks. It's wrong. It shouldn't happen. It's the way the MD SP has been acting since I bought my first handgun back in the 80's though.

    Again, respectfully nope.

    The dealers aren't the ones to blame here. The state is the problem. I can't blame shops for not wanting to take on the liability of releasing firearms against MSPs wishes.

    Respectfully, nope. Yes, they are to blame, see above.

    Duffy's is a good bunch of guys. I'm not going to boycott them or anybody else over this issue. They don't want extra scrutiny from the MSP.

    If this is your first pistol purchase, all I can say is "welcome to Maryland".

    Respecfully, horse hockey. Dealers were releasing in 2013 with no repercussions from the MSP boogeymen.

    Does the "law" provide provisions for holding the seller responsible for a transfer for when the state fails to uphold the timeline put in place by the "law"?

    Nope.

    Frustration understood. But, I can’t help but put myself in the LGS’s shoes, and wonder if they’re thinking, “If I cross the MSP, will this be the end of my store?”

    Easy for us to say that legally guns should be released on day 8, but I don’t trust Annapolis or MSP, and who’s to say they don’t drop the hammer on these LGS later on, even if the LGS wasn’t wrong?

    Nope.

    I agree

    The LGS is in an impossible position here

    If they don't follow the law the customer is pissed off at them

    If they do follow the law the odds are good that the state that is supposed to enforce the law will screw them over hard core for following the law

    I find it hard to be mad at the LGS for being caught in that situation. They don't want to withhold your purchase. They like the 2nd Amendment. But they will probably get raked over the coals if they they give it to you

    Instead of being mad at the LGS be mad at the MSP and the idiots in Annapolis who wrote the stupid laws

    Nope, this is all on the dealers. The MGA wrote the law allowing the shops to release if MSP fails to do their part.

    Protect what? Release on the 8th day is IN THE LAW.
    They are no more liable for that then someone who goes out and buys a long gun and passes the NICS check and then uses the gun for illegal purposes.
    Since these people already have an HQL, they’ve already been vetted.

    Ding, ding, ding!!

    Just curious, when we went through this before, did the LGSs that did release on the 8th day face any repercussion from MSP?

    Nope.

    This is the mentality that makes it quite obvious why MD is in its current predicament. Even statist MSP has outright said while they prefer FFL’s hold onto firearms and not conduct transfers, FFL’s legally can proceed. We are our own worst enemy sometimes.


    Another ding, ding, ding!!

    Do a search, plenty of dealers, that are still in business, were doing 8th day release in 2013 and a few that weren't are no longer in business. MSP knows that dealers can release and has given them guidance on how to do it.

    This is all on the dealers. Period. Full stop.
     

    Skipjacks

    Ultimate Member
    Does anyone not trust the timing of this?

    Middle of a riot filled national pandemic where gun sales are up a bagillion percent and that just happens to be when the MSP has a hardware failure?

    Isn't this stuff all web based anyway?

    Maybe I have lived in Maryland too long (working on fixing that) and become too cynical. But this sounds more intentional than not
     

    ComeGet

    Ultimate Member
    Sep 1, 2015
    5,911
    Does anyone not trust the timing of this?

    Middle of a riot filled national pandemic where gun sales are up a bagillion percent and that just happens to be when the MSP has a hardware failure?

    Isn't this stuff all web based anyway?

    Maybe I have lived in Maryland too long (working on fixing that) and become too cynical. But this sounds more intentional than not

    Hmmm...
     

    10point

    Member
    Mar 24, 2014
    29
    Cecil county
    Today was my 8TH day and my gun shop said nope can't release the gun to you sorry.I said so the large header at the top of the MSP site means nothing answer was yup. Not very happy.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,109
    The dealers aren't the ones to blame here. The state is the problem. I can't blame shops for not wanting to take on the liability of releasing firearms against MSPs wishes.

    There is no liability to the dealer, as admitted to by the state in a lawsuit about the same issue back in 2013. MSP was sued for advising dealers not to release without a "not-disapproved", they were sued, they lost before it even got out of preliminary injunction. They admitted that 8th day release was perfectly legal and no liability to the dealer.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,109
    Does the "law" provide provisions for holding the seller responsible for a transfer for when the state fails to uphold the timeline put in place by the "law"?

    Not only no, but the state admitted in a lawsuit that the there is no liability to the dealer/transferer, if a disapproved comes back.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,109
    Frustration understood. But, I can’t help but put myself in the LGS’s shoes, and wonder if they’re thinking, “If I cross the MSP, will this be the end of my store?”

    Easy for us to say that legally guns should be released on day 8, but I don’t trust Annapolis or MSP, and who’s to say they don’t drop the hammer on these LGS later on, even if the LGS wasn’t wrong?

    They can't, there was a lawsuit that the sate lost back in 2013, when dealers were originally told not to transfer regulated firearms without the "not disapproved" and the state not only lost, but did so before in the process of determining injunctive release. Almost 70% of the dealers at the time released on 8th day back in 2013, and most all of them are still in business today without issue.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,109
    I agree

    The LGS is in an impossible position here

    If they don't follow the law the customer is pissed off at them

    If they do follow the law the odds are good that the state that is supposed to enforce the law will screw them over hard core for following the law

    None were screwed over for doing so in 2013.


    I find it hard to be mad at the LGS for being caught in that situation. They don't want to withhold your purchase. They like the 2nd Amendment. But they will probably get raked over the coals if they they give it to you

    Instead of being mad at the LGS be mad at the MSP and the idiots in Annapolis who wrote the stupid laws

    Nope perfectly OK to be pissed at the LGS, especially in light of fact that MSP and the state lost a lawsuit over a similar issue back in 2013.
     
    ^^^^ This.

    The Annapolis folks would like to shut down ALL handgun sales in MD. The LGS don't want to end up on the news as "Ignored requests from the MD State Police" and get the Vince's Crab House treatment.

    It sucks. It's wrong. It shouldn't happen. It's the way the MD SP has been acting since I bought my first handgun back in the 80's though.

    If you think that gun stores pandering to MSP is going to stop the politicians in Annapolis from continuing to try to destroy their business you're a fool...that's the same mentality as "well we wrote sternly written letters and held rallies in Annapolis but we got our rights trampled, let's try the same tactics next year" and then doing it for 40 years...because that's exactly how many so called 2A supporters here think...how's that working out for yas?
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,109
    I'll wager that the answer to your question depends on whether or not a gun released on the 8th day without a "NOT DISAPPROVED" from MSP was used in a crime.

    There were 70+ firearms released on 8th day that had to be retrieved by MSP, 4 were used in crimes. Those dealers are still in business today with absolutely no issues from 2013.
     

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