7 day waiting period out the window

[kalister1]

So all the MSP has to do is STOP processing applications and we have a Gun Ban. They are just too busy to do their job, so shut down all the FFL's in Maryland.
It's OK, don't you know there is a rush to buy guns going on right now?
I read where people are in full panic mode over New Yorks NEW gun laws, Maryland just banned all sales by not processing the applications and everybody is going to be OK with it.

 

[cantstop]

So all the MSP has to do is STOP processing applications and we have a Gun Ban. They are just too busy to do their job, so shut down all the FFL's in Maryland.

No. If the MSP stopped processing applications, folks could go to court and prove this. If the MSP put folks on 'Hold' for absolutely no reason, again they would be in court.

I'm guessing that the MSP is swamped with applications and there is no law that requires them, or allows them, to hire additional help to process the applications. On top of that their boss, MOM, wants to implement Gun Control. He could care less if the MSP will take several weeks to process your paperwork.

Again, these are just my opinions. I've got no inside line in Annapolis.

 

[kalister1]

Folk's can go to Court right now and sue for NOT getting their handguns on the 8th day per Maryland Law.

 

[pilotguy]

The same law that was changed to just say a minimum 7 day wait also says that MSP must perform the check promptly. That is a big ambiguous as far as days, but if there was a hold or complete stop, then that would definitely run afoul of the law.

 

[pilotguy]

Folk's can go to Court right now and sue for NOT getting their handguns on the 8th day per Maryland Law.

No they cannot. There is no law in Maryland that says a weapon must be released on the 8th day.

 

[Mr H]

If there is a defense to the MSP's process it is that they are, by several accounts I've heard, pulling in resources to assist with the quadrupling of their daily inflow and workload.

 

[kalister1]

No they cannot. There is no law in Maryland that says a weapon must be released on the 8th day.

http://www.dsd.state.md.us/comar/getfile.aspx?file=29.03.01.10.htm

 

[sclag22]

For what it's worth, I called the store on Monday fro my purchase on Dec 29th. He said that the MSP has been telling them to expect a 3 week wait for papers to be returned...Here's to hoping I get it before Friday!

 

[kalister1]

If there is a defense to the MSP's process it is that they are, by several accounts I've heard, pulling in resources to assist with the quadrupling of their daily inflow and workload.

So can Maryland FFL's use the same excuse for NOT following the law?

 

[Mr H]

That's been covered already.

 

[daNattyFatty]

I find it pretty laughable that anyone thinks that suing the State over this will really get anywhere. As clearly stated above, the law says a minimum of 7 days. As long as MSP is processing the paperwork, no court in this state will rule against them.

 

[shiloh228]

Bottom line: your LGS is the controlling factor here. To (correctly) protect their butts, they will not issue a gun until they receive definitive word from MSP...they're not likely to say "oh, well, we've waited 8 days...here's your gun...have a nice day."

Would you if you were a LGS owner -- especially in the current liber-azi crazed environment?

 

[TxAggie]

It's a ******** Maryland law that requires this. Anywhere else would be a simple background check and they would have their weapon. If the MSP is going to do the dirty work of the legislature then they should at least be timely with it.

It may very well be BS, but in Maryland's mind you should consider yourself lucky. A ban is likely on the way here, hopefully if they do try to do one they will at least grandfather, but I'm not taking any bets.

 

[2AHokie]

So lets realease a gun to someone that might not be allowed to own one because he's impatient. That's good for pro 2a. Tell him to man up msp is doing what they can while being bothered by impatient people calling in everyday.

Virginia manages just fine without these delays and without releasing guns to people who shouldn't have them. The problem is that MSP insists (or is forced to by badly written MD laws) on being the POC for NICS. There's no good reason to do it this way and plenty of reasons not to (long, unnecessary delays, for example).

 

[jhickman]

The MD COMAR which establishes the legal guidlines for both civil and criminal law. The part that many confuse is that the state must as well be held responsible by the COMAR. Therefore if they are not abidding by these guidlines, I would presume one could legally challege them. But I say forget and patiently wait since taking on the state will take much much longer

 

[Kinju]

Thank you. I will be in attendance to ensure that our civil rights remain intact.

 

[Brooklyn]

Sounds like you need a big sign in your store that says, "Tired of waiting for your gun? JOIN MSI and make your presence felt in Annapolis"

If you're particularly annoyed at people bugging you for things the legislature here in md did you could hang up, "FIGHT WITH MSI, errr quit yer bitchin"

Best idea yet. Maybe some good can come out of threads like this one .