7 day wait now longer?

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  • TheGibster

    Active Member
    Aug 17, 2010
    162
    Dorchester County
    My new .500 SW Magnum arrived at my ffl today. Paperwork was sent today to the MSP for the 7 day "not disapproved" wait. FFL informed me that the MSP has been running around 14-16 days recently because they have gone to a batch processing method. True? BS?
     

    Half-cocked

    Senior Meatbag
    Mar 14, 2006
    23,937
    The LAW says FFL's can release a regulated purchase ON THE 8TH DAY, unless a "disapproved" status is returned.

    Question to FFL's.... what can/would the MSP do, to make your life difficult, if you informed them you intend to start following the LAW?

    This B.S. needs to go away, like the MSP's attempt to dictate ammo logs, several years ago.
     

    clandestine

    AR-15 Savant
    Oct 13, 2008
    37,036
    Elkton, MD
    The LAW says FFL's can release a regulated purchase ON THE 8TH DAY, unless a "disapproved" status is returned.

    Question to FFL's.... what can/would the MSP do, to make your life difficult, if you informed them you intend to start following the LAW?

    This B.S. needs to go away, like the MSP's attempt to dictate ammo logs, several years ago.

    Incorrect.

    Maryland Law says it can be released after 8 days. But a MD Dealer must comply with MD and Federal Law

    Federal Law says a Dealer MUST obtain a NICS Transaction # before releasing a firearm. In MD a Dealer CAN NOT do a NICS check on a Handgun, the MSP handles that and the NICS Center will tell a MD FFL that.

    Most Dealers who dont get gun check back in time (8 Days) are likely not on the Fax System with the MSP, this almost guarantees a check will return in 8 days or less unless there is some kind of disqualifying factor with the purchaser.

    MD Residents who sell a Regulated Firearm privately, only have to comply with MD Law and can release a gun after 8 days.
     

    TheGibster

    Active Member
    Aug 17, 2010
    162
    Dorchester County
    The LAW says FFL's can release a regulated purchase ON THE 8TH DAY, unless a "disapproved" status is returned.

    Question to FFL's.... what can/would the MSP do, to make your life difficult, if you informed them you intend to start following the LAW?

    This B.S. needs to go away, like the MSP's attempt to dictate ammo logs, several years ago.

    I have dealt with 2 different FFL's.

    I purchased my first gun from a different FFL than I have used since. They released me my firearm on the 8th day without any return MSP paperwork.

    The FFL I have used since absolutely will not do that: their words "do you want a visit from the ATF in the middle of the night?". I also think they are apprehensive about the potential loss of license if they release without paperwork. I thought the law allowed them to release with no MSP reponse because of my previous experience, but I'm certainly not going to be able to talk them into following the law.

    Since both FFL's are in the same town, it makes me wonder why I'm not using the original FFL for all my purchases. Leave it to the MSP to make me look like a fool.
     

    TheGibster

    Active Member
    Aug 17, 2010
    162
    Dorchester County
    Incorrect.

    Maryland Law says it can be released after 8 days. But a MD Dealer must comply with MD and Federal Law

    Federal Law says a Dealer MUST obtain a NICS Transaction # before releasing a firearm. In MD a Dealer CAN NOT do a NICS check on a Handgun, the MSP handles that and the NICS Center will tell a MD FFL that.

    Most Dealers who dont get gun check back in time (8 Days) are likely not on the Fax System with the MSP, this almost guarantees a check will return in 8 days or less unless there is some kind of disqualifying factor with the purchaser.

    MD Residents who sell a Regulated Firearm privately, only have to comply with MD Law and can release a gun after 8 days.

    To me, Chad's word is gold. So now I'm mad at the Fed's too.
     

    mikec

    Ultimate Member
    Dec 1, 2007
    11,453
    Off I-83
    My new .500 SW Magnum arrived at my ffl today. Paperwork was sent today to the MSP for the 7 day "not disapproved" wait. FFL informed me that the MSP has been running around 14-16 days recently because they have gone to a batch processing method. True? BS?

    We need someone to find from MSP if they have changed the way they are processing the forms, then we need to check the actual wording of the law to see if they are in violation of the law.

    I haven't bought a regulated firearm in a while, but even during the buying frenzy of 2008-2009 the dealer I used, who uses MSP's fax system, was getting forms back in four or five days. That dealer of course had to wait to release the gun, but they were able to contact the customer and let them know everything was OK.
     

    TheGibster

    Active Member
    Aug 17, 2010
    162
    Dorchester County
    Why are you mad at the Fed's? MSP is the agency screwing things up.

    I guess your right. I was thinking if the Fed's didn't require a NICS tracking # then MD FFL's could release in 8 days.

    The Fed's are probably on time with such a #, it's merely the onus of the MSP to provide the # to the FFL.

    Given the way the MD & Federal laws are currently written, the MSP could take an infinite amount of time giving approval with no repurcussions, right?

    IMO, if the MSP falls behind, they should at least have to provide the NICS # in 8 days so the firerm could be released.
     

    montoya32

    Ultimate Member
    Patriot Picket
    Jun 16, 2010
    11,311
    Harford Co
    I didn't think there was actual paper work, just a decision with a number. I've never been given a copy of any approval. Just the MSP app with the info of the gun.
     

    clandestine

    AR-15 Savant
    Oct 13, 2008
    37,036
    Elkton, MD
    I didn't think there was actual paper work, just a decision with a number. I've never been given a copy of any approval. Just the MSP app with the info of the gun.

    The info is on it. On the right margin of the paperwork. It says "Disposition #", that is the actual NICS# The MSP gets from the NICS Center when they call the check in.

    The Paperwork that lists that # is on a seperate form the MSP has a MD Dealer fill out. All that gets added to the 77R is the "Transaction #", the Date, and "Not Disapproved"
     

    clandestine

    AR-15 Savant
    Oct 13, 2008
    37,036
    Elkton, MD
    I guess your right. I was thinking if the Fed's didn't require a NICS tracking # then MD FFL's could release in 8 days.

    The Fed's are probably on time with such a #, it's merely the onus of the MSP to provide the # to the FFL.

    Given the way the MD & Federal laws are currently written, the MSP could take an infinite amount of time giving approval with no repurcussions, right?

    IMO, if the MSP falls behind, they should at least have to provide the NICS # in 8 days so the firerm could be released.

    I agree, but the MSP does their own checks even before/after the Federal NICS Check. Believe it or not many people who MD will deny a Regulated Purchase, can pass a NICS Check on a 4473 papered firearm, MD does a way more thoough check than the Feds do. Seen it countless times.

    Im not agreeing with it, but it is how it currently is. :tdown:
    Not much a MD Dealer can do besides be prompt on sending peperwork, be NEAT and LEGIBLE on the paperwork, and Join the MD Dealers Fax Program with the MSP.
     

    Lou45

    R.I.P.
    Jun 29, 2010
    12,048
    Carroll County
    Everyone reading this thread listen to Chad, he knows what he's talking about here. Also bear in mind he has no pony in this race, he's merely stating fact.
     

    Billcw

    Ultimate Member
    Oct 26, 2008
    1,229
    Hanover,md
    Chad is telling you how it goes .. i had to tell customers the same thing when I worked at OT .

    The FFL has to follow both state and Federal law ... I was at our inspection when the ATF agent told us flat out that no gun could be released without a NICS number ...

    As chad also said we may not agree with it but I know the majority of us on this forum do not want to see our local FFLs go away .
     

    TheGibster

    Active Member
    Aug 17, 2010
    162
    Dorchester County
    Chad is telling you how it goes .. i had to tell customers the same thing when I worked at OT .

    The FFL has to follow both state and Federal law ... I was at our inspection when the ATF agent told us flat out that no gun could be released without a NICS number ...

    As Chad also said we may not agree with it but I know the majority of us on this forum do not want to see our local FFLs go away .

    Agreed: basically I was told (incorrectly) that, in MD, you could have your regulated firearm released to you on the 8th day without MSP return paperwork being provided to the FFL in 7 days. OK per MD law, but Federal Law prohibits that because the FFL would not have the NICS # from the Fed's because, per MD law, the MSP has to forward that # to the FFL.

    I'll get the revolver soon; I just would prefer to have it sooner/now.
     

    clandestine

    AR-15 Savant
    Oct 13, 2008
    37,036
    Elkton, MD
    Agreed: basically I was told (incorrectly) that, in MD, you could have your regulated firearm released to you on the 8th day without MSP return paperwork being provided to the FFL in 7 days. OK per MD law, but Federal Law prohibits that because the FFL would not have the NICS # from the Fed's because, per MD law, the MSP has to forward that # to the FFL.

    I'll get the revolver soon; I just would prefer to have it sooner/now.

    Well it gets even more convoluted. For instance the NICS center wont allow a MD Dealer to get a NICS Check on a Handgun, but if the 8 days passed on say a Regulated Receiver, or Regulated Rifle, the MD Dealer "could" in theory call the NICS Center and get a NICS # since a MD FFL can call in checks for Long Guns, Shotguns and Receivers. IN that case MD and Fed Law is satisfied on the Dealers end.

    Bad news is the NICS Center can also delay another 3 Business Days.
     

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