7 day waiting period

[jefm]

I am sure someone on here knows the answer to this. I am getting close to the finish line on this that started Dec 21 with my HQL class. Finally got my HQL card yesterday and promptly went to my dealer that is holding my pistol and filled out all of the paperwork & paid my fees.

Now is it 7 (8) calender days, 7 business days or what? Actually my gunshop is open 7 days a week or does the state mean Monday-Friday days?

Since pretty much all the questions asked on the forms were the same as what was on the HQL application, don't really know what they do. Does anyone from the state or fed. actually go over these papers or is this just the "cooling off" period?

Thanks you guys for answering rookie questions

 

[iH8DemLibz]

Ask the shop that sold it to you/did the paperwork when you can pick it up.

 

[mac1_131]

Two things for you to read:

http://content.govdelivery.com/attachments/MDPOLICE/2016/01/22/file_attachments/482368/LD-FRU-16-001%2B%2BNotification%2Bof%2BSeven-Day%2BWaiting%2BPeriod.pdf

and:

http://mdsp.maryland.gov/Organization/Licensing%20Division%20Documents/Advisory%20LD_FRS_13-001.pdf

If no return, on the 8th day, you can get it - IF the dealer allows that. It's their store, some will some won't. That's why you ask them what their policy is on that matter. I think most checks have come back in time to avoid this situation, but things might be backing up again where 8th day release could come back in play.

If a dealer releases something on the 8th day that turns out to be to a prohibited person, then MSP has to come retrieve it. They would like to avoid that.

 

[iH8DemLibz]

...before you buy it/do the paperwork.

 

[danb]

I am sure someone on here knows the answer to this. I am getting close to the finish line on this that started Dec 21 with my HQL class. Finally got my HQL card yesterday and promptly went to my dealer that is holding my pistol and filled out all of the paperwork & paid my fees.

Now is it 7 (8) calender days, 7 business days or what? Actually my gunshop is open 7 days a week or does the state mean Monday-Friday days?

Since pretty much all the questions asked on the forms were the same as what was on the HQL application, don't really know what they do. Does anyone from the state or fed. actually go over these papers or is this just the "cooling off" period?

Thanks you guys for answering rookie questions

They really do run the checks again. There are rumors of people with HQLs getting denied when they were issued the HQL only days before. Also see here: http://www.mdshooters.com/showthread.php?t=188222 (same advisory as below).

From the back of the 77(r) that you filled out, below.

Your deealer will let you know when you are GTG.

 

[jeffie7]

Have to ask the dealer. Some are cool with the 7th day as long as they are open. I've had some say they don't count weekends or holidays. So it's 7 business days.

Again ask the shop. They will tell you what day to come back as long as nothing went bad on the paper work.

 

[AGCLVP]

7 Day Waiting Period Defined

Per Cpl. Jason Edwards of MSP Licensing:

The computation of time can be located in the General Provisions 1-302 of the Annotated Code of Maryland. This information has been included on the back of the 77R-2 since at least 2000 under the heading Important Notices, Seven-Day Waiting Period.


General Provisions
§ 1-302. Computation of period of time

(a) In general. -- In computing a period of time described in a statute, the day of the act, event, or default after which the designated period of time begins to run may not be included.

(b) Last day. -- The last day of the period of time computed under subsection (a) of this section shall be included unless:

(1) it is a Sunday or legal holiday, in which case the period runs until the end of the next day that is not a Sunday or legal holiday; or

(2) the act to be done is the filing of a paper in court and the office of the clerk of the court is not open on the last day of the period of time, or is closed for a part of a day, in which case the period runs until the end of the next day that is not a Saturday, Sunday, legal holiday, or day on which the office is not open the entire day during ordinary business hours.

(c) Sundays and legal holidays. --

(1) When the period of time exceeds 7 days, intermediate Sundays and legal holidays shall be counted in computing the period of time.

(2) When the period of time is 7 days or less, intermediate Sundays and legal holidays may not be counted in computing the period of time.

 

[Biggfoot44]

The above post is true & correct. Also doesn't particularily mean anything in actual practice.

Individual FFL's will conduct their business in the manner they consider wisest. While the above quoted IS Real, over the past several years individual Troopers have quoted lots of things to deals, many of which made up. But many dealers consider it wise business practice to not volenteer to be test cases, and will interpet "days" in a conservative manner. Such as not counting the day of submissiom as Day 1, counting of Sundays, counting of weekends, holidays.

And then there was the the once and possably future issue of releasing before an overdue "not disaproved" arrives.

But the good news for consumers is you can ask your local dealer before initiating the transaction, and make your own decisions about what is important to You, and the totality of the experience. For example at my local FFL, I know he will take an extra day or two compared to most optimistic calculations. But he's 5min away, nice guy, low for Md transfer fees, so works for me.

But I get it about going thru the ( unconscionably unconstitutional, and totally pointless ) HQL process, and having still more pointless delay.

 

[Pinecone]

Per Cpl. Jason Edwards of MSP Licensing:

The computation of time can be located in the General Provisions 1-302 of the Annotated Code of Maryland. This information has been included on the back of the 77R-2 since at least 2000 under the heading Important Notices, Seven-Day Waiting Period.


General Provisions
§ 1-302. Computation of period of time

(a) In general. -- In computing a period of time described in a statute, the day of the act, event, or default after which the designated period of time begins to run may not be included.

(b) Last day. -- The last day of the period of time computed under subsection (a) of this section shall be included unless:

(1) it is a Sunday or legal holiday, in which case the period runs until the end of the next day that is not a Sunday or legal holiday; or

(2) the act to be done is the filing of a paper in court and the office of the clerk of the court is not open on the last day of the period of time, or is closed for a part of a day, in which case the period runs until the end of the next day that is not a Saturday, Sunday, legal holiday, or day on which the office is not open the entire day during ordinary business hours.

(c) Sundays and legal holidays. --

(1) When the period of time exceeds 7 days, intermediate Sundays and legal holidays shall be counted in computing the period of time.

(2) When the period of time is 7 days or less, intermediate Sundays and legal holidays may not be counted in computing the period of time.

That one is interesting, as it means that for handguns, it is business days (including Saturdays).

 

[JamesH]

My local FFL tells me that if I buy it on a Tuesday, I take it home next Tuesday. As long as the paperwork got faxed on Tuesday, that is. Same for every other day of the week, but they're closed on Sundays.

 

[Pinecone]

My local FFL tells me that if I buy it on a Tuesday, I take it home next Tuesday. As long as the paperwork got faxed on Tuesday, that is. Same for every other day of the week, but they're closed on Sundays.

In computing a period of time described in a statute, the day of the act, event, or default after which the designated period of time begins to run may not be included./

But so far, no one has gotten into trouble for this.

 

[Boom Boom]

My local FFL tells me that if I buy it on a Tuesday, I take it home next Tuesday. As long as the paperwork got faxed on Tuesday, that is.

Yep. It's that simple.

 

[rbird7282]

My local FFL tells me that if I buy it on a Tuesday, I take it home next Tuesday. As long as the paperwork got faxed on Tuesday, that is. Same for every other day of the week, but they're closed on Sundays.

That's what my FFLs do as well


Sent from my iPhone using Tapatalk

 

[gmharle]

Mine is telling me that you get it on the 8th day. I filled out the paperwork yesterday and he told me that I can pick up the gun on next Saturday. Is it just interpretation of the law that is the difference? All of this forced patience is killing me.

 

[Boom Boom]

Mine is telling me that you get it on the 8th day. I filled out the paperwork yesterday and he told me that I can pick up the gun on next Saturday. Is it just interpretation of the law that is the difference? All of this forced patience is killing me.

FFL either being overly cautious or didn't plan to submit the paperwork until today. Importantly, the 7-day count starts on the day the FFL submits the paperwork, not on the day the buyer fills the paperwork out.

 

[gmharle]

FFL either being overly cautious or didn't plan to submit the paperwork until today. Importantly, the 7-day count starts on the day the FFL submits the paperwork, not on the day the buyer fills the paperwork out.

I guess he is just overly cautious. The paperwork was being faxed in yesterday. The way that he explained it to me that the wait is 7 full days and that is why you don't get it until the 8th day after the paperwork is faxed in. He said that he would expect to get the response from the MSP in 3-4 days.

So my question is why the 7 day wait? What was the reasoning behind the mandatory wait. Is it the so called "cooling of period" that I remember always hearing?

 

[Pinecone]

FFL either being overly cautious or didn't plan to submit the paperwork until today. Importantly, the 7-day count starts on the day the FFL submits the paperwork, not on the day the buyer fills the paperwork out.

(a) In general. -- In computing a period of time described in a statute, the day of the act, event, or default after which the designated period of time begins to run may not be included.

Not according to the rules.

 

[Boom Boom]

Not according to the rules.

You're wrong. End of story.

If you think otherwise, put your money where your mouth is and bet your freedom on it. Convince an FFL to submit the paperwork a month or two after the fact, well after the FFL has given you the handgun. Make MSP fully aware. See how well it goes for you and the FFL.

 

[Boom Boom]

So my question is why the 7 day wait? What was the reasoning behind the mandatory wait. Is it the so called "cooling of period" that I remember always hearing?

Maryland law. Leftist feel-good exercise.

 

[Threeband]

Supposedly, it is not a "cooling off period".

It was originally intended to allow time for the paperwork to be mailed in, processed, and mailed back.