Drive to remove MSP as POC for NICS!

[RoadDawg]

MSP is NOT following the law. The law states that the MSP shall notify the seller of a DISAPPROVED application within 7 days. So by default on the 8 day the application is NOT DISAPPROVED. It is that simple.

No it is not that simple... One may assume that to be the case but it is not. Yes they are required to notify the seller of a DIS within seven days. However, there is no such notification required by law if the finding of NOT DIS has not been determined.

Since the application does have a predetermined shelf life... I would like to see the NOT DIS ruling be automatic prior to the expiration date of the application. But I don't believe that our dear goobernor would ever allow that. So what I would suggest in the meantime (current situation considered) is that the FFLs take it upon themselves as a group to do just that. IF they do not have a determination in hand on or by the last day of the current life of the application... THEN, transfer the firearm anyway and tell Marty Owemoldy to piss off.

There is no excuse for requiring the buyer to go through the app process twice for the same purchase.

 

[Bagpiperer]

There is no excuse for requiring the buyer to go through the app process twice for the same purchase.

Sure there is...

It's for the children!

 

[04RWon]

No it is not that simple... One may assume that to be the case but it is not. Yes they are required to notify the seller of a DIS within seven days. However, there is no such notification required by law if the finding of NOT DIS has not been determined.

Since the application does have a predetermined shelf life... I would like to see the NOT DIS ruling be automatic prior to the expiration date of the application. But I don't believe that our dear goobernor would ever allow that. So what I would suggest in the meantime (current situation considered) is that the FFLs take it upon themselves as a group to do just that. IF they do not have a determination in hand on or by the last day of the current life of the application... THEN, transfer the firearm anyway and tell Marty Owemoldy to piss off.

There is no excuse for requiring the buyer to go through the app process twice for the same purchase.

There doesnt need to be notification...there should be....but its obvious, if your not disapproved, then your approved. (This entire msp disapproved not disapproved is such ********, it makes what im trying to say hard to word)

Your speeding or your not.


If no disapproval is sent within 7 days then by default your are not disapproved. Done, simple, end of story.

 

[04RWon]

Actually that works right there.

If no disapproval was sent within 7 days than your are not disapproved.

Sums it up right there. Works on multiple levels too.

 

[Robert1955]

No it is not that simple... One may assume that to be the case but it is not. Yes they are required to notify the seller of a DIS within seven days. However, there is no such notification required by law if the finding of NOT DIS has not been determined.

Yes, it is that simple. The law states the MSP SHALL notify the seller of a DISAPPROVED application within 7 days. If they do not make the notification the applicant is Disapproved by default they are NOT Disapproved. The word shall is quite simple, it means you will and you must. It does not give the State an out of any sort,other that saying may, if they don't perform in the required time frame the dealers MAY, at their discretion, deliver the product. Quite black and white.

 

[HiballHiside]

No it is not that simple... One may assume that to be the case but it is not. Yes they are required to notify the seller of a DIS within seven days. However, there is no such notification required by law if the finding of NOT DIS has not been determined.

Since the application does have a predetermined shelf life... I would like to see the NOT DIS ruling be automatic prior to the expiration date of the application. But I don't believe that our dear goobernor would ever allow that. So what I would suggest in the meantime (current situation considered) is that the FFLs take it upon themselves as a group to do just that. IF they do not have a determination in hand on or by the last day of the current life of the application... THEN, transfer the firearm anyway and tell Marty Owemoldy to piss off.

There is no excuse for requiring the buyer to go through the app process twice for the same purchase.

Have there been any reports of someone being disapproved after the 7 days...that would be another thing to tack on too the lawsuit.

 

[drthv8r]

I'm waiting for owemalley to find a way to tax all these long delays, him being the taxing traitor that he is.

 

[mxrider]

Have there been any reports of someone being disapproved after the 7 days...that would be another thing to tack on too the lawsuit.

While I have not personally seen them, yes is what I have been told by a couple ffl's

 

[04RWon]

Have there been any reports of someone being disapproved after the 7 days...that would be another thing to tack on too the lawsuit.

There have been quoted disapprovals that have come well after the 7 days.

 

[HiballHiside]

There have been quoted disapprovals that have come well after the 7 days.

All the more reason to hold MSP licensing to the flame!

 

[2ndCharter]

Yes, it is that simple. The law states the MSP SHALL notify the seller of a DISAPPROVED application within 7 days. If they do not make the notification the applicant is Disapproved by default they are NOT Disapproved. The word shall is quite simple, it means you will and you must. It does not give the State an out of any sort,other that saying may, if they don't perform in the required time frame the dealers MAY, at their discretion, deliver the product. Quite black and white.

All that it means is that if the MSP has failed in their obligation to notify of a disapproved in seven days, they've violated the "shall" portion of the code. It does not mean that the individual is automatically not disapproved. Under normal schedules, one could reasonably assume that but assumptions have no binding. The FFL may release the firearm but that doesn't mean that the individual can't still be disapproved further into the process.

Simply understanding the language of "shall, must and may" provides the understanding. IANAL but I pay them well and often.

 

[Triggerscan]

Just in from MSP

Just got my weekly update from Cpl. Edwards. The email states that the Firearms Registration Section is currently processing applications initially received on March 12, 2013 and secondary reviews received on February 26, 2013. The last batch I received in this week were 10+ weeks.

Also (and new this email) is the following statement: "In keeping with our commitment to public safety, a new NICS check will be conducted for those applications having a NICS expiration date due to expire within 5 days of being stamped "Not Disapproved". NICS are good for 30-days. They're almost to the point that they may have to redo the redos

I wish they would just bite the bullet (pun intended) and send a notice to all dealers telling us to release all those over X days old. Dealers are in business to do transfers, not to compete with storage facilities.

 

[04RWon]

Just got my weekly update from Cpl. Edwards. The email states that the Firearms Registration Section is currently processing applications initially received on March 12, 2013 and secondary reviews received on February 26, 2013. The last batch I received in this week were 10+ weeks.

Also (and new this email) is the following statement: "In keeping with our commitment to public safety, a new NICS check will be conducted for those applications having a NICS expiration date due to expire within 5 days of being stamped "Not Disapproved". NICS are good for 30-days. They're almost to the point that they may have to redo the redos

I wish they would just bite the bullet (pun intended) and send a notice to all dealers telling us to release all those over X days old. Dealers are in business to do transfers, not to compete with storage facilities.

To Md State Police:

http://youtu.be/lrmZ30seKeM

 

[Wojo]

Here's the best news on this in a while...

http://www.mdshooters.com/showthread.php?t=119072

 

[mxrider]

Here's the best news on this in a while...

http://www.mdshooters.com/showthread.php?t=119072

And now we see the works from behind the scenes and the definition of "soon"

 

[Mr H]

Oh, ye of little faith!!!

LOL!!!

Kidding, of course... but we all need to remember that change takes time, and that includes preparation to get it right the first time, wherever possible.

 

[Woodnickel]

And now we see the works from behind the scenes and the definition of "soon"

You weren't kidding. That's a must read!!

 

[RoadDawg]

There doesnt need to be notification...there should be....but its obvious, if your not disapproved, then your approved. (This entire msp disapproved not disapproved is such ********, it makes what im trying to say hard to word)

Your speeding or your not.


If no disapproval is sent within 7 days then by default your are not disapproved. Done, simple, end of story.

So in this post... you believe that the antithesis to DISAPPROVED is automatically NOT DISAPPROVED.

There have been quoted disapprovals that have come well after the 7 days.

Yet in THIS post you prove yourself wrong.

So... Which way do you want it?

And for the sake of clarity... I DO NOT LIKE THIS ******** ANYMORE THAN ANYONE ELSE DOES.

However, having been there on BOTH sides of this issue SEVERAL times... I must understand it from both sides and advise that patience should be our attitude while we sort things out. I do NOT believe that Marty "Rain Man" OweMalley's new "SB281" laws will stand up to Constitutional scrutiny.

 

[gmhowell]

Also (and new this email) is the following statement: "In keeping with our commitment to public safety, a new NICS check will be conducted for those applications having a NICS expiration date due to expire within 5 days of being stamped "Not Disapproved". NICS are good for 30-days. They're almost to the point that they may have to redo the redos

Translation: "we got caught breaking/skirting the law and so we are now going to again make a statement that we will issue redos, only this time we might actually do the redos."

I've never seen anybody try to deflect blame and responsibility like government employees. I say this as a federal contractor. Every time some fed pulls some stupid shit despite being warned off by another fed, a contractor, random homeless people, etc. it's a contractor who gets marched out by the guards. Usually the further down the food chain the better.

 

[Robert1955]

And for the sake of clarity... I DO NOT LIKE THIS ******** ANYMORE THAN ANYONE ELSE DOES.

I never thought you did. I respect your opinion but its different than mine, and the majority of people posting here. I am guessing, not assuming, the anger is greater due to this being another burden(?) placed on us by the idiots in Annapolis. I just wish those fools would realize the people using guns are not buying them legally and all this crap is punishing the law abiding.