HiballHiside
Active Member
- Apr 10, 2013
- 544
Last edited:
Suggest you send it certified mail with a return receipt. That will show time and date of delivery.
Suggest you send it certified mail with a return receipt. That will show time and date of delivery.
Has anyone tried to contact the Secretary of MSP directly?
http://msa.maryland.gov/msa/mdmanual/23dsp/pdf/23dsp.pdf
As many of you who have read the legislation regarding firearms, the title "Secretary" comes up frequently. I am drafting a letter directly to the Secretary and will CC MOM. If I can also CC our other delegates, that would be great. I want this letter to be factual, easy to follow. I don't want it to come off scathing because I am sure it will be counterproductive.
My objective is to persuade the Secretary to clarify things for everyone in the background check system by releasing an "Official" position.
If you have additional information regarding the Federal laws I would appreciate it. I will be combing through the thread.
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RE: Current Firearm Background Check Wait times
Secretary Brown,
It has come to my attention the current back log for regulated firearm background checks in MD are approximately 50 days for those who are immediately “Not-Disapproved” and an additional 2 weeks for further review. I have heard of total wait times of 10 weeks and growing (Purchase to pick up)! Designated Collector status backlog is approximately 4-5 weeks.
Your position is cited many times in Maryland legislation with respect to response time, so I am contacting you with regards to the backlog.
There has been a great deal of conflicting information in the recent months about when FFL’s are permitted to release firearms. My understanding is that the MSP has requested FFL’s hold onto the firearms until they receive the background check. I certainly understand the concern and not wanting firearms getting into the wrong hands. However, if a private seller can release the firearm after 7 days when transferring directly through the MSP, why is an FFL advised not too? The NICS system provides a very quick response time.
I am requesting an official position be publicly disseminated to the MSP, FFL & Citizens in the state of Maryland regarding the backlog of background checks and why the Secretary is not complying with Maryland law cited below.
My understanding of MD Legislation (I have included Excerpts below), an FFL is allowed to release the firearm after 7 days if they have not received a “Not-Disapproved” response. The MSP is however the NICS PoC and not able to “Promptly” perform the check.
Possible temporary solutions:
1. Allow Maryland FFL’s to perform the NICS check regulated & non-Regulated firearms prior to sending all the Background Check information to MSP. The FFL has performed the basic Federal Background Check and can release the firearm after the mandatory waiting period (7 days). The MSP can complete the state background checks.
2. Have the MSP perform the NICS check immediately when the application is received.
Relevant Legislation:
§ 5-121. Investigation of firearm applicant
(a) Secretary to conduct investigation. -- On receipt of a firearm application, the Secretary shall conduct an investigation promptly to determine the truth or falsity of the information supplied and statements made in the firearm application.
§ 5-122. Disapproval of firearm application
(b) Notice. --
(1) If the Secretary disapproves a firearm application, the Secretary shall notify the prospective seller, lessor, or transferor in writing of the disapproval within 7 days after the date that the executed firearm application is forwarded to the Secretary by certified mail or facsimile machine.
(2) After notifying the prospective seller, lessor, or transferor under paragraph (1) of this subsection, the Secretary shall notify the prospective purchaser, lessee, or transferee in writing of the disapproval.
(3) The date when the prospective seller, lessor, or transferor forwards the executed firearm application to the Secretary by certified mail or by facsimile machine is the first day of the 7-day period allowed for notice of disapproval to the prospective seller, lessor, or transferor.
FROM COMAR :
.04 Multiple Purchase of Regulated Firearms.
A. Except as provided in Public Safety Article, §§5-128—5-129, Annotated Code of Maryland, and this regulation, a person may not purchase more than one regulated firearm in a 30-day period.
B. This regulation does not apply to:
(1) A law enforcement agency;…
D. For the purpose of this regulation, a collector is an individual who:
(1) Devotes time and attention to acquiring certain types of regulated firearms for the enhancement of the collector's personal collection and does not act as a firearm dealer; or
(2) Possesses a Federal Collector's License (Curio and Relics).]
E. The Secretary shall adopt an application form to be used by an individual who desires to be designated as a collector.
J. If the individual is designated by the Secretary to be a collector, the Secretary shall notify the individual in writing within 14 days of receiving the individual's request.
*golf claps*
The same guy that thought all AR's are full auto and that's what FFL's were regularly selling? Are you sure you want to ask this guy anything besides who he is voting for?
Suggest you send it certified mail with a return receipt. That will show time and date of delivery.