7 day wait now longer?

[Billcw]

I get it that people are in the industry or worked in the industry but that doesnt always make somebody a subject matter expert and pardon me for not taking what somebody says as if it is written in stone because I read it off of an internet forum.
I kept reading 8th day and I know I always am told 7 days at gun shops so I was kinda confused but now I get it, most of the handguns Ive bought in MD I have been able to pick up after a 7 day wait (if I buy the gun on a tuesday I pick it up on the next tuesday for instance) and I just misunderstood that 8th day and wasted day? and took that as if I pick up a gun on a tuesday that I have to wait until the next wednesday to pick up my handgun(this is obviously incorrect). I understand that whole situation with the NICS # but I have never been held up by that one personally. I think the very last time I picked up a gun it was more than 7 days but that was only because I bought it mid week and couldnt make it back up until the weekend.

OK we are not experts but what we are are people who worked in the industry so we had ot follow the law .. both federal and state .

There was a time when yes we could deliver a firearm if the check didnt come back after the 7 day wait was over but ATF came back and said they cannot be transferred without the NICS number .

If a dealer is transferring a regulated firearm before it has the NICS then that dealer is taking his own FFL in his hands if something happens and the ATF wants to go after them ..

 

[erwos]

So, from what I'm hearing here, you can still call the feds for the NICS number for regulated rifles, just not handguns? I'm trying to understand the full scope of the wait issue, specifically whether it applies to all regulated firearms or just handguns.

 

[clandestine]

So, from what I'm hearing here, you can still call the feds for the NICS number for regulated rifles, just not handguns? I'm trying to understand the full scope of the wait issue, specifically whether it applies to all regulated firearms or just handguns.

The 8 Day wait applies to ALL MD Regulated Firearms. The difference is if a MD Dealer does not get an answer after 8 days for a HANDGUN he cannot do anything but wait for the MSP to give them a NICS #. If its a Regulated MD Rifle/Shotgun and 8 days passes without a response from the MSP the dealer can call the NICS center for a NICS #, if not denied or delayed by the NICS Center, they CAN release the Rifle/Shotgun.

This dosent mean a MD FFL will do what I said above, but its legal and no one can get in trouble since both MD and Federal Law was followed.

Remember just because you take a Regulated Rifle/Shotgun home with a good NICS check after the 8 day wait (With no MSP Response) and a good NICS check from the Feds dont mean the MSP cant still deny the transaction after the fact. I have seen it before. If the Regulated Rifle/Shotgun is taken after 8 days (With no official response from the MSP) and the MSP finds reason to deny you on the transaction, they WILL come to the buyers home and take the weapon. You will get NO financial reimbursement either when this occurs. If you WAIT for the MSP and its denied the Dealer can work with you to give you some type of refund since the gun is still a new gun and still in their inventory.

 

[rrrrrrkevin]

In a year or 2 are people going to just start calling it a "9 day waiting period"? I understand that one of you is saying its ok to pick it up the same days and that would be the 8th day because 7 days have passed but I keep seeing "8 day wait" and I just really want to know where that comes from because an 8 day waiting period is new to me. It seems like people keep adding on days and just saying that its the law but I seem to remember on the back of my paperwork it specificly said 7 days, is this a mistake on my part?

 

[Markp]

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.

Interesting exception, which doesn't apply to those of you in the "Free State".

Federal law does not require ALL transactions to have a NICS transaction number. I know for a fact that in Texas I do not need a NICS transaction number to purchase a firearm, they write my CHL number on the form and it's done with.

27 CFR 478.102

(d) Exceptions to NICS check. The provisions of paragraph (a) of this section shall not apply if—

(1) The transferee has presented to the licensee a valid permit or license that—

(i) Allows the transferee to possess, acquire, or carry a firearm;

(ii) Was issued not more than 5 years earlier by the State in which the transfer is to take place; and

(iii) The law of the State provides that such a permit or license is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a firearm by the transferee would be in violation of Federal, State, or local law: Provided, That on and after November 30, 1998, the information available to such official includes the NICS;

(2) The firearm is subject to the provisions of the National Firearms Act and has been approved for transfer under 27 CFR part 479; or

(3) On application of the licensee, in accordance with the provisions of §478.150, the Director has certified that compliance with paragraph (a)(1) of this section is impracticable.

(e) The document referred to in paragraph (d)(1) of this section (or a copy thereof) shall be retained or the required information from the document shall be recorded on the firearms transaction record in accordance with the provisions of §478.131.

 

[clandestine]

Interesting exception, which doesn't apply to those of you in the "Free State".

Federal law does not require ALL transactions to have a NICS transaction number. I know for a fact that in Texas I do not need a NICS transaction number to purchase a firearm, they write my CHL number on the form and it's done with.

27 CFR 478.102

(d) Exceptions to NICS check. The provisions of paragraph (a) of this section shall not apply if—

(1) The transferee has presented to the licensee a valid permit or license that—

(i) Allows the transferee to possess, acquire, or carry a firearm;

(ii) Was issued not more than 5 years earlier by the State in which the transfer is to take place; and

(iii) The law of the State provides that such a permit or license is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a firearm by the transferee would be in violation of Federal, State, or local law: Provided, That on and after November 30, 1998, the information available to such official includes the NICS;

(2) The firearm is subject to the provisions of the National Firearms Act and has been approved for transfer under 27 CFR part 479; or

(3) On application of the licensee, in accordance with the provisions of §478.150, the Director has certified that compliance with paragraph (a)(1) of this section is impracticable.

(e) The document referred to in paragraph (d)(1) of this section (or a copy thereof) shall be retained or the required information from the document shall be recorded on the firearms transaction record in accordance with the provisions of §478.131.

Mark were talking about MD Waiting periods and MD Dealers, this is why I worded it the way I did. A MD FFL also dosent need a NICS # when going from one MD FFL to another or any other FFL either, but thats not the topic at hand either.

If you want to correct me, tell me where Im wrong with regards to MD and Federal Law for Dealer to Individual Sales (In MARYLAND) regarding Regulated Firearms.

 

[clandestine]

In a year or 2 are people going to just start calling it a "9 day waiting period"? I understand that one of you is saying its ok to pick it up the same days and that would be the 8th day because 7 days have passed but I keep seeing "8 day wait" and I just really want to know where that comes from because an 8 day waiting period is new to me. It seems like people keep adding on days and just saying that its the law but I seem to remember on the back of my paperwork it specificly said 7 days, is this a mistake on my part?

Your trying to be obtuse now, its unnecessary.

"You may transfer the regulated firearm/s listed on the application to the transferee (purchaser) after seven days have elapsed from the date that is listed in the "Date form forwarded" field in Section 3 of Part 2 of the application. If the seventh day of the seven-day waiting period falls on a Sunday or legal holiday, the regulated firearm/s may not be transferred until the first day next following, which is neither a Sunday nor a legal holiday"

 

[Fester60]

In a year or 2 are people going to just start calling it a "9 day waiting period"? I understand that one of you is saying its ok to pick it up the same days and that would be the 8th day because 7 days have passed but I keep seeing "8 day wait" and I just really want to know where that comes from because an 8 day waiting period is new to me. It seems like people keep adding on days and just saying that its the law but I seem to remember on the back of my paperwork it specificly said 7 days, is this a mistake on my part?

I think it's 7 days from when the FFL submits the paperwork. If you purchase something at the end of the day the paperwork might not get submitted until the next day. I also would never use an FFL if the waits were taking something like 2 weeks. There are plenty of dealers that get it done in 8 days.

 

[TheGibster]

Chad, in a previous thread "TheGibster" had an issue with a distributor getting a handgun with a fired casing. The distributor was being a pain, because of the lack of a fired casing. I mentioned PDI, in WV, as a way around for him. PDI does have an ATF 07 license.

FYI: the distributor was Shooting Sports Wholesale Raleigh, NC

 

[Markp]

Mark were talking about MD Waiting periods and MD Dealers, this is why I worded it the way I did. A MD FFL also dosent need a NICS # when going from one MD FFL to another or any other FFL either, but thats not the topic at hand either.

If you want to correct me, tell me where Im wrong with regards to MD and Federal Law for Dealer to Individual Sales (In MARYLAND) regarding Regulated Firearms.

No, I was just noting how Federal law was different with regard to states where you can actually get a concealed carry permit... I wasn't questioning what you said at all... You're 100% right.

Sorry if it came across wrong.

 

[TheGibster]

In a year or 2 are people going to just start calling it a "9 day waiting period"? I understand that one of you is saying its ok to pick it up the same days and that would be the 8th day because 7 days have passed but I keep seeing "8 day wait" and I just really want to know where that comes from because an 8 day waiting period is new to me. It seems like people keep adding on days and just saying that its the law but I seem to remember on the back of my paperwork it specificly said 7 days, is this a mistake on my part?

My take on the issue is this, and I'm by no means an expert (which means I'm probably wrong somewhere in this reply). Let's say that your FFL sends away the MSP paperwork for a new handgun on a Thursday and MSP reponds with the return "not dissaproved" paperwork in 4 days. At that point, I believe you will still have to wait the full 7 days to get your handgun. However, if after the full 7 days, per MD law, the FFL could release you the gun on the morning of the 8th day, but they would be violating Federal law because of a lack of a NICS # (which will come from the MSP with the return paperwork). Please don't get into what constitutes a business day/how weekends are counted as that is a whole other can of worms. Complicated MD crap all around.

 

[Bikebreath]

I'm in day 9...all I can do is wait.

 

[mikec]

In a year or 2 are people going to just start calling it a "9 day waiting period"? I understand that one of you is saying its ok to pick it up the same days and that would be the 8th day because 7 days have passed but I keep seeing "8 day wait" and I just really want to know where that comes from because an 8 day waiting period is new to me. It seems like people keep adding on days and just saying that its the law but I seem to remember on the back of my paperwork it specificly said 7 days, is this a mistake on my part?

Since I have moved here in 1997 all the dealers have told me basically "if the forms were filled out on Tuesday, then the gun will be next Wednesday".

I'm in day 9...all I can do is wait.

Do you know if your dealer uses the MSP fax system or do they mail it in? If they fax it in, has the dealer called the MSP to see if the paperwork is done, but just not faxed in or if they tried to fax it back and the dealer's fax did work.


What we need to find out is how MSP worked it with the Fed's so that they are the only source of a NICS transaction # for a handgun, since it looks like MSP has found a way to block a transaction.

 

[gtodave]

I am searching all over the internet and I cant find this 8 day rule, does anybody know where the documentation is for that?

Search the 2A MD section from about 6mo-1yr ago. There was a thread on it linking to MD law. I actually found it a long time ago, but I couldn't retrace my steps.

 

[Lou45]

I'm going to back Chad also. He is right on the money. It use to be the dealers choice on releasing at 8 days prior to nics numbers. Now we have to have the nics number and that is provided by the state. The nics center wont even talk to us about handguns.

Here is the Thing Pirate Chad and myself (and were not the only ones)have been trying to get this across for a longtime ... maybe its sinking in I do not know but just seems we keep beating a dead horse on this issue .

As usual chad is on the money! The msp system is a pain in the ass and ain't much a deal can do about it. Its very frustrating to customers but its the laws we have to work with. Now think about that when ever you vote.

Perhaps a "sticky" regarding this issue should be posted in all categories on this forum.

 

[krashmania]

Alright, dumb question, but, the new gun, past 2002/3 nonsense, gun lock, spent casing, blah blah blah, but that means that an old gun like a tok would just be the check and wait and whatnot? No spent casing or lock or anything? Still newb with pistol laws and all

 

[KMA]

I just picked up my spike's complete lower from Gun Connection on the 8th day.

 

[swinokur]

On the FBI NICS web site, there is a list of states and how NICS approvals are handled. There are several states that do this in addition to MD. State handles handguns, NICS handles unregulated long guns.

http://www.fbi.gov/about-us/cjis/nics/general-information/participation-map

 

[clandestine]

Alright, dumb question, but, the new gun, past 2002/3 nonsense, gun lock, spent casing, blah blah blah, but that means that an old gun like a tok would just be the check and wait and whatnot? No spent casing or lock or anything? Still newb with pistol laws and all

Correct, just a wait, but the MSP wants every Handgun to have some type of lock with even older guns (Cable Lock, Padlock, Triger Lock, ect...). Just bring one to the dealer when you are transferring one.

 

[Bikebreath]

Quote:
Originally Posted by Bikebreath View Post
I'm in day 9...all I can do is wait.

Do you know if your dealer uses the MSP fax system or do they mail it in? If they fax it in, has the dealer called the MSP to see if the paperwork is done, but just not faxed in or if they tried to fax it back and the dealer's fax did work.

What we need to find out is how MSP worked it with the Fed's so that they are the only source of a NICS transaction # for a handgun, since it looks like MSP has found a way to block a transaction.

I do not know how my dealer transports the forms. I'm pretty sure they fax them...it's 2011 fer crap sake.

I plan to wait until I hear from them. I'm not in a hurry and I don't want to bug them. I will ask them any question you like when I go to pick it up.

...and my mantra:

I'm in day 10...all I can do is wait.