First Time (regulated) FFL transfer problems. need advice...

[civil disobedience]

hello all, i am fairly new to firearm ownership and seem to have run into a problem with my first transfer of a regulated "saiga 7.62" firearm here in maryland. im hoping someone can give me some insight on this.
i purchased a saiga from buds about 3 weeks ago, had it shipped to an ffl in my area. shortly after i went and got my handgun cert and went down and filled out my paperwork "11/3" and sat back to wait the seven or so days before pickup. i hadn't heard anything by the 12th so i gave the ffl a call to see where we were at. he informed me that it was neither approved nor denied but that it was "put on hold" and that he had never seen this before. i didnt think too much of it because both of my shotguns i bought over the last year had the same "hold" put on them. both ffls told me that this was fairly usual and that if they didnt hear back from the msp "i guess" in 5 days or so that i could come back and pick up my item. both instances i got a call 3 days later to come pick up the guns.
my problem is this time its is different in that its a regulated firearm and unlike the last two times where the ffls gave me a clear answer on what was going on and what i needed to do, this one doesnt seem to have any experience with this or answers as to what happens next. i did a little searching on md shooters last night and it seems as though a few have had issues like this and after reading a few threads my understanding is that with both regulated and unregulated that if you arent denied then you are good to go and if it is put on hold and you arent denied you are good to go. is this correct? if this is correct where can i direct the ffl to learn this information or can you tell me what he needs to do on his end because he doesnt seem to know and if that goes nowhere is there a way to have the gun sent to an ffl that understands this issue? i tried calling msp but cant seem to get in touch with anyone who can help and im beginning to get the feeling that this guy is content to just wait and hold my rifle indefinitely until he hears back from "whoever" to give him the go ahead to release it. my understanding from this forum is that that could be a long damn time. any advice would be greatly appreciated.

 

[chale127]

To be honest, your FFL is playing it safe by holding, he has a LOT to lose by releasing that firearm to you without the paperwork in hand specifically saying "Not Disapproved"

 

[Yme]

To be honest, your FFL is playing it safe by holding, he has a LOT to lose by releasing that firearm to you without the paperwork in hand specifically saying "Not Disapproved"

+1

 

[lx1x]

To be honest, your FFL is playing it safe by holding, he has a LOT to lose by releasing that firearm to you without the paperwork in hand specifically saying "Not Disapproved"

this..

by any chance you put ss# on the app? this may narrow down on common names.

 

[kalister1]

The FFL CANNOT release your gun until the MSP gives him a NICS number. If you are on hold, most likely there is a problem with your name being the same as someone who is in trouble with the law?

Only you know for sure about the questions asked on the forms, so only you know for sure if you can purchase the gun or not. "IF" there is a real issue? the MSP will get in touch with you, if not, you will get your gun.

 

[mcbruzdzinski]

Not knowing the particular circumstances, is it possible you have name that may match another 'less than honest' person and the MSP is trying to determine if there is a problem?

I know the MSP has its issues and I have been 'put on hold' before but that is due to a relative who is same age, roughly the same size, etc and who has had some legal issues.

I hope it turns out to be something minor.

 

[powderhunter]

The FFL will not release the firearm until they hear from the MDSP.

Same thing happened to me last year when my Sig 2022 was put on hold. I didn't know the reason until I called the MDSP. You have to call & call until you could find the trooper who is in charge and get the reason for the HOLD. And then make sure you fax the whatever remedy it may be back to him ( calling & emailing did not work for me).

 

[Name Taken]

What's the FFL?

 

[civil disobedience]

thanks for the quick responses guys. Well, i finally got a hold of the trooper handling this hold and turns out a disposition for a charge back in 1996 when i was 21. yay stupid youth. Anyway, she said that all they have is a record of there being a criminal charge and the date. Coarse i remember the charge, it being the first time i was ever in any kind of trouble with the law but i cant for the life of me remember for sure what the final judgement ended up being. It was marijuana possession with intent. Im pretty sure it ended up being "continuation without finding" which i believe is similar to pbj. Went to court 1 day and ended up with 6 months or so probation back in maryland and until now have never heard anything about it. So, i tried calling the court house to get the disposition only to have them tell me i need to have the case #, docket# which neither of us have or come to the courthouse and request in person....good times. They do have an online iCORI system that supposedly i can get the info needed through for $25 dollars but it seems as though you need a mass id, address etc to use it. Looks like i was wrong in thinking this was the same situation as my shotgun purchases previously made after a three day wait.
if i cant get the disposition myself will the msp be able to get the info they need on their own and it will just take time? or is this solely resting on my shoulders and if i dont get it done it wont?
thanks again guys.

 

[lee2]

i would do my best to get this cleared up ASAP.
the MSP may decide to knock on your door if they decide against you.
good luck.

 

[Bay Area Arms]

+1

 

[civil disobedience]

yeah, i hear that!

 

[A1Uni]

I am in no way saying that you lied on your Form 77, but if MSP feels that you falsified it, you could have a serious problem.

It sounds like you were charged with PWID as an adult, which if any conviction were entered would certainly make you a prohibited person.

As was noted above, you should obtain the actual disposition. Hopefully it was indeed a PBJ, in which case you would, at a minimum, be clear on falsifying the Form 77.

Since you sign those forms under penalty of perjury, MSP will usually not accept the “I forgot,” or “I don’t remember” defense. Be sure of your facts next time you fill one out. Plus knowing the facts may overcome a delay or disapproval.

 

[mopar92]

Try MD case search to find your ruling on the case and case # also.

 

[Lou45]

The FFL CANNOT release your gun until the MSP gives him a NICS number. If you are on hold, most likely there is a problem with your name being the same as someone who is in trouble with the law?

Only you know for sure about the questions asked on the forms, so only you know for sure if you can purchase the gun or not. "IF" there is a real issue? the MSP will get in touch with you, if not, you will get your gun.

THIS ^^^

As I strongly suspected as I was reading trough this thread, an "issue".

thanks for the quick responses guys. Well, i finally got a hold of the trooper handling this hold and turns out a disposition for a charge back in 1996 when i was 21. yay stupid youth. Anyway, she said that all they have is a record of there being a criminal charge and the date. Coarse i remember the charge, it being the first time i was ever in any kind of trouble with the law but i cant for the life of me remember for sure what the final judgement ended up being. It was marijuana possession with intent. Im pretty sure it ended up being "continuation without finding" which i believe is similar to pbj. Went to court 1 day and ended up with 6 months or so probation back in maryland and until now have never heard anything about it. So, i tried calling the court house to get the disposition only to have them tell me i need to have the case #, docket# which neither of us have or come to the courthouse and request in person....good times. They do have an online iCORI system that supposedly i can get the info needed through for $25 dollars but it seems as though you need a mass id, address etc to use it. Looks like i was wrong in thinking this was the same situation as my shotgun purchases previously made after a three day wait.
if i cant get the disposition myself will the msp be able to get the info they need on their own and it will just take time? or is this solely resting on my shoulders and if i dont get it done it wont?
thanks again guys.

If the crime, as you disclosed, is NOT a disqualifier as per MD Law, you will eventually (however long that may take) be able to aquire your gun. If it IS a disqualifier, say bye-bye to the gun you never had and hello to MSP when they contact you. MSP is NOT in the business to keep legal beagle firearm purchasers from aquiring their guns; but those with disqualifiers are a different story. The Licensed dealer that is handling the transfer for you IS obligated by LAW to HOLD that firearm FROM you (notice I didn't say "for you") as directed by MSP until the investigation is complete and is determined by MSP that the stupid thing you did when 21 years of age is NOT a disqualifier as per MD Law, regardless of what State the incident occurred. If it IS a disqualifier, perhaps the licensed dealer may work out with you a consignment plan for the subsequent sale and disposal of said regulated firearm (and certainly not to a member of your family or friend as this could be and most likely be construed as a "straw purchase" which is a great big no-no) so that eventually you'll be able to get most of your money (not all, about 75% to 80%) back.

Keep us posted with updates as they occur and good luck.

 

[Lou45]

Try MD case search to find your ruling on the case and case # also.

Apparently the ordeal occurred in Massachusetts, I could be wrong but I think it won't show up there; if so, needs a National Database.

 

[Name Taken]

A conviction of possession w/ intent to dist. is a felony in MD and even if you were convicted in MA you'd be a prohibited felon.

If they entered a "probabtion before judgement" which it sounds like they did you *SHOULDNT* have a issue.

There was a member not to long ago who had the same issue...might want to find that thread. He got it sorted.

You also might want to contact a lawyer sometime soon to get it sorted.

 

[Lou45]

A conviction of possession w/ intent to dist. is a felony in MD and even if you were convicted in MA you'd be a prohibited felon in Maryland.

There, fixed (clarified) it for ya'.

 

[mouzzer]

Also keep in mind that if you have a security clearance you will be put on a hold. It is routinely very temporary but the clearance does cause it to be delayed. From my understanding it is because a different individual has to do the background check because your information is restricted. But if you don't have a clearance then forget this.

I had to jump through a bunch of hoops to handle some prior juvenile charges I had. I too was denied on my first application but eventually got it all sorted out. If you find out more about the issue and it was legal related feel free to message me. I have pretty extensive experience with the States Attorneys office and sorting things out so that MSP realizes you are indeed eligible to own a regulated firearm.

 

[Bolts Rock]

Also keep in mind that if you have a security clearance you will be put on a hold. It is routinely very temporary but the clearance does cause it to be delayed. From my understanding it is because a different individual has to do the background check because your information is restricted. But if you don't have a clearance then forget this.

For a NICS check that adds 5-10 minutes depending on your level.