7 day waiting period

[Ab_Normal]

2010 Maryland Code
PUBLIC SAFETY
TITLE 5 - FIREARMS
Subtitle 1 - Regulated Firearms
Section 5-123 - Time for licensee to complete transactions.
§ 5-123. Time for licensee to complete transactions.

(a) Seven-day waiting period.- A licensee may not sell, rent, or transfer a regulated firearm until after 7 days following the time a firearm application is executed by the firearm applicant, in triplicate, and the original is forwarded by the prospective seller or transferor to the Secretary.


It doesn't say they SHALL not.

So for all you naysayers out there, as long as the dealer waits the federally required 3 days then the transfer can legally take place.

 

[L0gic]

Find an FFL willing to test that and I'll buy something from them and donate it.

 

[Antifeik]

That's exactly why they put the "May" there...

 

[malone630]

Yeah for real me to

 

[jdsteele]

In this case, it does not mean "might not"

It means "Is not allowed to"

Example:

"May I have my gun?"

"No, you may not."

 

[NateIU10]

May not means shall not here. "May" is generally permissive. "May not" is exactly the same as "shall not," it means that dealer cannot do something.

 

[freddie]

Find an FFL willing to test that and I'll buy something from them and donate it.

There are several that release in 8-10 days - each one have their own criteria.

I await your donation.

 

[Tacticalglobe]

I have been waiting for several firearms since March.
This sucks

 

[Mooseman]

OP, I read that differently than you.

 

[L0gic]

There are several that release in 8-10 days - each one have their own criteria.

I await your donation.

FFL willing to release on the third day. You did not understand my post.

 

[freddie]

FFL willing to release on the third day. You did not understand my post.

OOPS my bad - I can see why 3 days would be hard to swallow for any FFL in the state of Maryland.

 

[jdsteele]

FFL willing to release on the third day. You did not understand my post.

But they are not allowed to release until after 7 days.

Example:

FFL: "Hey Maryland State Government, may I release this gun after 3 days?"

Maryland State Government: "No FFL, you may not! It says right in the friggen law,
'A licensee may not sell, rent, or transfer a regulated firearm until after 7 days....' "

 

[Vile Shadow]

Find an FFL willing to test that and I'll buy something from them and donate it.

Same here. That's a bit of a stretch. Given the circumstances, I'm grateful just for 8-day release.

 

[Kbroc2]

May not means shall not here. "May" is generally permissive. "May not" is exactly the same as "shall not," it means that dealer cannot do something.

2010 Maryland Code
PUBLIC SAFETY
TITLE 5 - FIREARMS
Subtitle 1 - Regulated Firearms
Section 5-123 - Time for licensee to complete transactions.
§ 5-123. Time for licensee to complete transactions.

(a) Seven-day waiting period.- A licensee may not sell, rent, or transfer a regulated firearm until after 7 days following the time a firearm application is executed by the firearm applicant, in triplicate, and the original is forwarded by the prospective seller or transferor to the Secretary.

Yes it is the same as shall not until the end of the sentence after seven days then it becomes may. In my eyes and many others including the msp ATF it becomes 100% legal.

 

[jdsteele]

Yes it is the same as shall not until the end of the sentence after seven days then it becomes may. In my eyes and many others including the msp ATF it becomes 100% legal.

Yep, I think everyone on this thread agrees, except the OP.

It's really very clear.

 

[Hawkeye]

2010 Maryland Code
PUBLIC SAFETY
TITLE 5 - FIREARMS
Subtitle 1 - Regulated Firearms
Section 5-123 - Time for licensee to complete transactions.
§ 5-123. Time for licensee to complete transactions.

(a) Seven-day waiting period.- A licensee may not sell, rent, or transfer a regulated firearm until after 7 days following the time a firearm application is executed by the firearm applicant, in triplicate, and the original is forwarded by the prospective seller or transferor to the Secretary.


It doesn't say they SHALL not.

So for all you naysayers out there, as long as the dealer waits the federally required 3 days then the transfer can legally take place.

No, that's not what it means.

Do we *really* need a bunch more of this kind of thread? "May not," in a legal sense, means "will not, can not, shall not, DON'T." When your mom told you "no, you may not have a cookie" when you were a kid, did she mean, "well, maybe you can and maybe you can't have a cookie," or did she mean "no, you can't have a cookie?"

This kind of thread nitpicking legal language in an incorrect manner looking for "loopholes" does no one any good and only serves to further unnecessarily and incorrectly muddy waters that need no further muddying.

The meaning of "A licensee may not sell, rent, or transfer a regulated firearm until after 7 days following the time a firearm application is executed by the firearm applicant" is well established, and frankly trying to convince people otherwise does no one any good at all.

 

[fordluver4x4]

I'm not arguing the OPs point or saying I agree with his point, I do understand the different meanings of the word "may", I'm just trying to clarify the point I think he is trying to make.

Non 8 day FFLs are arguing that the law says they MAY (not SHALL) release after 7 days, which means it is optional for them to release after 7 days. I believe the OP is trying to say that since the law he quotes uses the same word "MAY" he is arguing that means it is OPTIONAL to NOT release until after the 7th day... I believe he is trying to use this to make the point that dealers should be releasing on the 8th day, and not so much that he actually thinks they should release prior to the 7th...

 

[Pinecone]

In regulatory language, only SHALL or SHALL NOT are that definitive. That is why you see those words in regulations so much. When was the last time you heard someone use the word shall in normal conversation.

The problem is, the law allows the state up to 7 days to provide the dealer with a DISAPPROVED. So that part still mandates the 7 day wait. Not a "waiting period" but a paper work period.