Attorney General Opinion on 7 day Wait?

[AJRB]

Yeah, you would be surprised at how stupid some people are, or just how unknowledgeable they are. Do you think every potential gun owner out there actually understands the myriad of reasons they could be disqualified? Do you think they understand it is NOT how much time they received, but how much time they could have received that matters? Do you think they all understand that if they were just convicted of their 3rd DUI, they cannot possess firearms for a year's time from that 3rd DUI?

Trust me, the law regarding who is disqualified isn't very simple for the layman to understand.

Same goes for the DNR code for hunting and fishing. I am quite convinced that a Natural Resources officer could write citations up for almost every single encounter they have. The natural resources article is twice as thick as the corporations & associations article.

Regulations are just plain INSANE. However, it does keep attorneys employed.

I can't disagree, people will misinterpret the law significantly. Along with panic driving people to make purchases they have no business buying.

 

[ShallNotInfringe]

We dont need the MSP at this point we need to know the legality of releasing a firearm without NICS#.

The response from my FFL:

Ian,

Thanks for the info. We are aware of the 8 day issue with Maryland law and would like nothing more than to release these firearms and clear up this paperwork nightmare. However, our concern lies with federal laws. We have contacted the ATF for clarification but they have not been able to help us as of yet. It is our position that the dealers that are releasing firearms before obtaining the NICS # from MSP are “testing the waters”. The unfortunate reality for us is that doing so would be putting our livelihood at risk which is something we are not willing to do. If we are able to come up with a solution we are comfortable with we will certainly let you know.

Tim

Read this thread:
http://www.mdshooters.com/showthread.php?t=114975

 

[CrawfishStu]

Don't forget the litigious times that we are living in. Who wants to be on the end of a complaint from the AG or State Police or ATF etc. Or a family member of someone that was shot with a gun where the paperwork was still being processed by the State Police and maybe should not have been in the new owners hands yet.

It costs money to defend yourself, even when you are right.

 

[teratos]

Don't forget the litigious times that we are living in. Who wants to be on the end of a complaint from the AG or State Police or ATF etc. Or a family member of someone that was shot with a gun where the paperwork was still being processed by the State Police and maybe should not have been in the new owners hands yet.

It costs money to defend yourself, even when you are right.

The State has an endless supply of our money to fight against is. If they need more, they can just tax the rain....oh, wait.

 

[iH8DemLibz]

The State has an endless supply of our money to fight against is. If they need more, they can just tax the rain....oh, wait.

This statement is both sickening and disturbing and unfortunately as true as can be.

We are being flogged with our own whip.

 

[Mdeng]

here it is

http://delegatemike.com/?p=3575

That is not a letter from the AG's office. It is from the House of Delegates General Counsel.

 

[jpo183]

Some dealers have received info from their insurance providers not to release until the NICS is done.

I want to call BS on this. Show proof or BS. The dealer can do a NICS so even if this were true the dealer can let 7 days expire, get a NICS check and be safe.

 

[swinokur]

A MD dealer CANNOT run a NICS check on a MD regulated firearm. NICS will refuse the request. Only non regulated NICS checks can be done by a MD FFL.

MSP is the POC for regulated firearms.

 

[John from MD]

Whenever I have done a sale at the MSP Glen Burnie barracks, the sergeant briefs us on the fact that you have to wait 7 days to hand over the gun. I have asked and been told that the paperwork will eventually get to you and you both have to sign it but you can transfer it after the 7 days.

In 50 percent of the transfers, the paperwork came within 10 days. I two cases, the paperwork never came and I had to send a letter to them to let them know.

They haven't confiscated any of the guns I bought or sold and no one had arrested me either.

I think we need to put pressure on the dealers or the Stocking Dealer Association to start releasing our property. On Target, The Gun Shop and Lou in Mt Airy are releasing their customers guns because it is the right thing to do.

Regards,

John

 

[janklow]

Whenever I have done a sale at the MSP Glen Burnie barracks, the sergeant briefs us on the fact that you have to wait 7 days to hand over the gun. I have asked and been told that the paperwork will eventually get to you and you both have to sign it but you can transfer it after the 7 days.

of course, that's a private sale and not a sale from a dealer, so there might be some differences

 

[gmkoh]

A MD dealer CANNOT run a NICS check on a MD regulated firearm. NICS will refuse the request. Only non regulated NICS checks can be done by a MD FFL.

MSP is the POC for regulated firearms.

Are you sure NCIS will refuse the check? Or is it a matter of MSP not recognizing or accepting an NCIS check for regualted FA's? Given the differences in interpretation of what is a regulated firearm among MD FFLS, Unless it is a handgun, How does NCIS know whether the FA is MD regulated or not? How does NCIS know a colt AR15 serial number xxxxxxxxxxxx in not an HBAR? or that the ruger mini 14 ser #xxxxxxxxxx has or does not have a folding stock? Or whether an AR 10 is regulated or not (MD FFL's do not even agree on that nor have the AG nor MSP given a definitive answer). "Regulated" is class of FA unique to MD, I think. When an FFL calls it in, it really doesn't take long- Does the NCIS even have time to check (or a data base of manufacturers and serial numbers to check) if a firearm is regulated by Maryland law?

I concede that it is the MSP's authority to disapprove or not disapprove WITHIN 7 days, After 7 days the FFL may release the FA. However, If the MD FFL decides to go above and beyond and exercise extra diligence by calling in an NCIS check before he releases it (if this is possible), is he not releasing it by virtue of the NCIS check, but by virtue of a "disapproval" not having been received in 7 days?

Just my thoughts and musings. I am actually kind of curious as to whether or not my suppositions have any validity.

 

[daggo66]

of course, that's a private sale and not a sale from a dealer, so there might be some differences

A regulated sale is a regulated sale whether private or from a dealer.

 

[swinokur]

I've heard (no first hand knowledge) that NICS will refuse the transaction. I have no idea how NICS knows what is regulated under MD law. Maybe they have a list. I have read that an FFL posted here a NICS check for a regulated firearm will be refused.

 

[TimGB]

At the pace that things move within the government, what are the chances that this case is even resolved before things settle back down.

Some have said wait times will increase after 10/1 but I think that volume of purchases will drop to near zero for a few months. And then slowly pick back up buy probably not return to the current level. I'd assume by the end of the year they will start to catch back up. Just my guess. It still is going to suck and get worse most likely for the next few months at least.

Sent from my DROID X2 using Tapatalk 2

 

[Gryphon]

That is not a letter from the AG's office. It is from the House of Delegates General Counsel.

True, but that's splitting hairs when it doesn't really make a difference. Agreed, the letter is not from the AG, but rather from an assistant AG assigned to represent the General Assembly - so its perhaps less persuasive to the MSP than an opinion from Gansler himself or his designee out of the AG's office. But regardless, it doesn't narrowly address the seven (7) day issue, which is what the MSI suit does. Kudos to MSI, I was just wondering if an legislator had solicited an opinion from the AG himself, and apparently they haven't.

 

[janklow]

A regulated sale is a regulated sale whether private or from a dealer.

having done it both ways, i understand, but there might be a difference between, say, a private citizen being told they can transfer the firearm as long as whatever standards MSP mentions to them are met, and a dealer covering themselves because they run a business

 

[SigDog]

I've heard (no first hand knowledge) that NICS will refuse the transaction. I have no idea how NICS knows what is regulated under MD law. Maybe they have a list. I have read that an FFL posted here a NICS check for a regulated firearm will be refused.

NICS asks what type of gun purchase the FFL is running a check on.
If the FFL is from Maryland and asks for a NICS check for a handgun, they won't run it.
If they ask for a NICS check for a long gun purchase, they'll run it.
NICS doesn't ask if it's a Maryland "regulated" long gun.
At least that's the way I understand it.

 

[l730dc]

So does that say the purchase process is from sale to approval? Then another 30 days before I can buy again? So if I bought a regulated now.. i would have to wait almost 3 months to get approved then another 30 days before I could buy another regulated?

I was planning on buying an ar lower next week... waiting 40 days or so and getting another.. then buy a wasr10 ak 2 weeks before oct1.... is that legal ? (I know you guys arent lawyers but want your knowledgeable input on this)

 

[swinokur]

NICS asks what type of gun purchase the FFL is running a check on.
If the FFL is from Maryland and asks for a NICS check for a handgun, they won't run it.
If they ask for a NICS check for a long gun purchase, they'll run it.
NICS doesn't ask if it's a Maryland "regulated" long gun.
At least that's the way I understand it.

I spoke to my FFL and he confirms what you stated. I guess the MD FFL knows that even if he could do a NICS check on a regulated long gun he would not as that has to go to MSP like a handgun would.

 

[ShallNotInfringe]

So does that say the purchase process is from sale to approval? Then another 30 days before I can buy again? So if I bought a regulated now.. i would have to wait almost 3 months to get approved then another 30 days before I could buy another regulated?

I was planning on buying an ar lower next week... waiting 40 days or so and getting another.. then buy a wasr10 ak 2 weeks before oct1.... is that legal ? (I know you guys arent lawyers but want your knowledgeable input on this)

Get a Designated Collector's approval and take the worry away NOW if you plan to make multiple purchases between now and October 1.

You will receive the approval faster than any single purchase clears.

*** The US Government can plead the 5th amendment against We the People in the People's House? What??? ***