Live Update of Dealers Release Policy

[dorkus619]

I'm in a similar boat as mddog

On Sunday I purchased (paid for) my first handgun from Gander Mtn (facepalm). Yesterday I completed the paperwork. As I was finishing up I overheard an associate explaining to a potential buyer that the waiting time for background checks by MSP is around 5 months and if you don't have paperwork cleared and gun in hand prior to October 1, you have to get the HQL. (I was ill-informed previously thinking as long as I paid and got the process started prior, I would be okay.)
I still submitted paperwork anyway and my Bersa Thunder 380 is in the back at their store in Salisbury MD.

So is there anything I can do at this point or am I stuck? Can it be transferred to another shop? Should I cancel that order and drive to a respectable gun shop? Know any gun shops near me that could help - Salisbury MD? - I've heard Knight's in Fruitland is good but I got no answer on the phone this morning + waiting for an e-mail back.

Thanks in advance for any advice you can help with.

 

[ianmcall]

I'm in a similar boat as mddog

On Sunday I purchased (paid for) my first handgun from Gander Mtn (facepalm). Yesterday I completed the paperwork. As I was finishing up I overheard an associate explaining to a potential buyer that the waiting time for background checks by MSP is around 5 months and if you don't have paperwork cleared and gun in hand prior to October 1, you have to get the HQL. (I was ill-informed previously thinking as long as I paid and got the process started prior, I would be okay.)
I still submitted paperwork anyway and my Bersa Thunder 380 is in the back at their store in Salisbury MD.

So is there anything I can do at this point or am I stuck? Can it be transferred to another shop? Should I cancel that order and drive to a respectable gun shop? Know any gun shops near me that could help - Salisbury MD? - I've heard Knight's in Fruitland is good but I got no answer on the phone this morning + waiting for an e-mail back.

Thanks in advance for any advice you can help with.

You may be stuck. Ask Gander mountain if they will do a transfer then try and find a shop that will except a transfer. If they let you cancel the order and go to a shop that is doing 8 day releases. Look at the spreadsheet and or map and pick one from there. You are running very close to being out of time.

 

[freddie]

I'm in a similar boat as mddog

On Sunday I purchased (paid for) my first handgun from Gander Mtn (facepalm). Yesterday I completed the paperwork. As I was finishing up I overheard an associate explaining to a potential buyer that the waiting time for background checks by MSP is around 5 months and if you don't have paperwork cleared and gun in hand prior to October 1, you have to get the HQL. (I was ill-informed previously thinking as long as I paid and got the process started prior, I would be okay.)
I still submitted paperwork anyway and my Bersa Thunder 380 is in the back at their store in Salisbury MD.

So is there anything I can do at this point or am I stuck? Can it be transferred to another shop? Should I cancel that order and drive to a respectable gun shop? Know any gun shops near me that could help - Salisbury MD? - I've heard Knight's in Fruitland is good but I got no answer on the phone this morning + waiting for an e-mail back.

Thanks in advance for any advice you can help with.

I think you are stuck - I don't know of any FFLs that will process a transferred handgun from another FFL at this late of a date.

If you have to have it before Oct. 1, not wanting to get HQL, then my suggestion would be to cancel at GM, if they have a cancellation policy on handguns that paperwork has already been submitted - I doubt it - give them a call.

Another approach, if you have your Designated Collector's (free) license, then you could purchase another handgun at an 8 day release FFL, HQL still required (less stringent requirements being a prior handgun owner) to receive your handgun from GM.

Hindsight is always best - always ask release policy before purchase. Most every FFL has unique requirements for release.

 

[Seeker]

I was browsing in MSAR today and was about to buy an M&P Shield, but asked what their release policy was, and they're not doing any early release. He said it'll be 120 day minimum. I asked what about the HQL that's required Oct 1st, and the guy told me "don't worry, you're good." My understanding is that they can't release it to you without an HQL, which would add significantly more time and expense, but this guy didn't think that was the case... I told him I would just have to look elsewhere or wait rather than buy now and pick up in 5-12 months...

 

[ianmcall]

I was browsing in MSAR today and was about to buy an M&P Shield, but asked what their release policy was, and they're not doing any early release. He said it'll be 120 day minimum. I asked what about the HQL that's required Oct 1st, and the guy told me "don't worry, you're good." My understanding is that they can't release it to you without an HQL, which would add significantly more time and expense, but this guy didn't think that was the case... I told him I would just have to look elsewhere or wait rather than buy now and pick up in 5-12 months...

I have put them on notice:

It has been reported that you are notifying your customers that they will NOT need a Handgun Qualification License to pick up their handguns. This is incorrect. The Maryland State Police and the Attorney General have made if VERY clear that customers will need to have a HQL to pick up their handguns after October 1st, even if they purchased before that date. Please see the following links.

http://www.scribd.com/doc/158788674/AG-opinion

https://www.mdsp.org/Organization/S...ion/Firearms/HandgunQualificationLicense.aspx

"Unless otherwise exempt, as of October 1, 2013, a person must possess a valid Handgun Qualification License before they may purchase, rent, or receive a handgun. Details on exemptions may be found below."


You should consider joining the ranks of your local shops and release regulated firearms on the 8th day. The following spreadsheet is featured on multiple 2A websites and your lack of releasing on time may be affecting your business:

https://docs.google.com/spreadsheet/ccc?key=0AmvWDPHXUFiidGhOYk1MbEJMYTJTRVdGaXBNX0lQUVE&usp=sharing

Take Care,
Ian

 

[ianmcall]

I have put them on notice:

It has been reported that you are notifying your customers that they will NOT need a Handgun Qualification License to pick up their handguns. This is incorrect. The Maryland State Police and the Attorney General have made if VERY clear that customers will need to have a HQL to pick up their handguns after October 1st, even if they purchased before that date. Please see the following links.

http://www.scribd.com/doc/158788674/AG-opinion

https://www.mdsp.org/Organization/S...ion/Firearms/HandgunQualificationLicense.aspx

"Unless otherwise exempt, as of October 1, 2013, a person must possess a valid Handgun Qualification License before they may purchase, rent, or receive a handgun. Details on exemptions may be found below."


You should consider joining the ranks of your local shops and release regulated firearms on the 8th day. The following spreadsheet is featured on multiple 2A websites and your lack of releasing on time may be affecting your business:

https://docs.google.com/spreadsheet/ccc?key=0AmvWDPHXUFiidGhOYk1MbEJMYTJTRVdGaXBNX0lQUVE&usp=sharing

Take Care,
Ian

Here is their response to me:

"Good afternoon,
If you have purchased a gun from us we will happily send it to a dealer that is offering the 8th day release. At this point however, we are not. Have a wonderful evening!

Maryland Small Arms Range Inc
9801 Fallard Court
Upper Marlboro, MD 20772
301-599-0800 Phone
301-599-9642 Fax"

 

[dorkus619]

If you have to have it before Oct. 1, not wanting to get HQL, then my suggestion would be to cancel at GM, if they have a cancellation policy on handguns that paperwork has already been submitted - I doubt it - give them a call.

The person at the counter said as long as the gun is still in the store I can return it. I hope that's the case.

Another approach, if you have your Designated Collector's (free) license, then you could purchase another handgun at an 8 day release FFL, HQL still required (less stringent requirements being a prior handgun owner) to receive your handgun from GM..

I will look in to this

Hindsight is always best - always ask release policy before purchase. Most every FFL has unique requirements for release.

Yeah, I had no idea that there were different options and policies. I thought all shops would be basically the same. doh

Thanks for your help everyone. I am contacting respectable gun shops now in search of my first handgun that I will actually be able to take home.

 

[dorkus619]

http://www.nraila.org/gun-laws/state-laws/maryland.aspx
'A person may not purchase more than one regulated firearm in a 30-day period...'

Define "purchase" - I paid for the thing but it's not in my posession. It won't be in my possession anytime soon if ever (I'm considering a return if possible)

Do I need to retun the one I bought at Gander BEFORE attempting to purchase one from another shop?

 

[mdram]

http://www.nraila.org/gun-laws/state-laws/maryland.aspx
'A person may not purchase more than one regulated firearm in a 30-day period...'

Define "purchase" - I paid for the thing but it's not in my posession. It won't be in my possession anytime soon if ever (I'm considering a return if possible)

Do I need to retun the one I bought at Gander BEFORE attempting to purchase one from another shop?

you need to look at comar

http://www.dsd.state.md.us/comar/getfile.aspx?file=29.03.01.04.htm

 

[dorkus619]

Seems to me that there is nothing in there about making a return to one seller and then buying from another seller. Only an exchange at the same seller.
"(7) The exchange or replacement of a regulated firearm by a seller for a regulated firearm purchased from the seller by the same person seeking the exchange or replacement within the 30-day period immediately preceding the date of exchange or replacement;"

When I returned my purchase at Gander Mountain, they hadn't sent my paperwork off yet. I was hoping that since I returned the gun and never had posession of it, that it would all disappear. No. Gander can't just shred the papers and they didn't even write void or anything. They said they still must send out the paperwork to MSP.

No idea what's going to happen now if I get denied because of "2 purchases" within 30 days - even though really (to me) it's only 1 purchase because I returned the one (quickly too)

 

[chromedragon70]

I looking at an AR15 lower half today and the dealer told me that I had to purchase it by the 20th because if I did not I could not get it back in 8 days therefore I would not be able to accept it after Oct 1 because it would be banned at that point.

I thought if you had paperwork for a weapon banned on Oct 1 in before Oct 1 that you could still get delivery after 1 Oct. Am I right or do I have to buy by the 20th?

This crap has me so confused!

 

[ianmcall]

I looking at an AR15 lower half today and the dealer told me that I had to purchase it by the 20th because if I did not I could not get it back in 8 days therefore I would not be able to accept it after Oct 1 because it would be banned at that point.

I thought if you had paperwork for a weapon banned on Oct 1 in before Oct 1 that you could still get delivery after 1 Oct. Am I right or do I have to buy by the 20th?

This crap has me so confused!

You are correct. However it's is very evident that every dealer has their own interpretation of the law.

 

[mdram]

I looking at an AR15 lower half today and the dealer told me that I had to purchase it by the 20th because if I did not I could not get it back in 8 days therefore I would not be able to accept it after Oct 1 because it would be banned at that point.

I thought if you had paperwork for a weapon banned on Oct 1 in before Oct 1 that you could still get delivery after 1 Oct. Am I right or do I have to buy by the 20th?

This crap has me so confused!

find a new dealer

 

[redeemed.man]

find a new dealer

I agree. I use the range at MSAR but I will not purchase any guns from them in the future. I purchased a Glock 30S from them only because they held it for me before it was on the roster. They called me the very day the new roster was released and notified me that I could come pay for it. After doing this I decided I could not wait the 100+ days and had it transferred out to another FFL so I could take it home. Find a dealer that respects how hard you work for your money and will release in a timely manner. I am not in the business of giving 100+ day loans to anyone interest free.

 

[ShallNotInfringe]

I looking at an AR15 lower half today and the dealer told me that I had to purchase it by the 20th because if I did not I could not get it back in 8 days therefore I would not be able to accept it after Oct 1 because it would be banned at that point.

I thought if you had paperwork for a weapon banned on Oct 1 in before Oct 1 that you could still get delivery after 1 Oct. Am I right or do I have to buy by the 20th?

This crap has me so confused!

In the strict letter of the law, this may be true. It was the intention when the purchase order language was added to SB281 to allow folks to receive banned firearms after 10/1 that were purchased prior to 10/1, but the specific wording does not allow for receiving a banned firearm. This was directly propagated into the current regulations with no exception for receive after 10/1.

So basically, take your chances. I won't be. There is a high probability this will be addressed on Monday, and resolved to return to the intent, but as the law and corresponding regulation is currently written, it is not the case.

I am not sure knowing the intent can alter the actual language in a law or allows a change of wording at the regulation level...

 

[The sphinx]

Just picked up

 

[Dave T]

Just picked up

Do you live in Maryland... and if so I assume you didn't pick up those magazines with the long guns?

 

[The sphinx]

Do you live in Maryland... and if so I assume you didn't pick up those magazines with the long guns?

You assume correctly

 

[Bulvan1]

N/D Recieved after 10/1

I've seen a few comments here & there (if someone could point me to a thread where it's been discussed I'd appreciate it), regarding if would need an HQL if Handgun was purchased & Recieved prior to Oct. 1st but N/D comes back after. It seems that it wouldn't be the case as the gun has already been transferred, but I'm wondering if there's anything definitive from the AG, MSP or laws, that state it won't be an issue. I've seen posts where while the AG keeps referring to the "Transfer" at the same time people are saying the the AG Gansler does plan on making people that have thier N/D returned after 10/1 get an HQL. I'm not sure how that would be legal, or more so, how that would work. While I know their going crazy, I think they're smart enough to stay away from "Confiscation". If a person has a gun that the N/D hasn't been returned, what would they do? Require owners to turn them in to the MSP or an FFL (confiscation), until the N/D comes back? Or send a letter to the owner telling them they have 90 days to apply for an HQL? It would seem silly that a person that already possessed a gun for 4 months would have to turn it in, or apply for an HQL, but hey the whole states gone crazy.
Of anyone has definitive info (as I'm right on the cusp, app put in 6/4 or 6/5), I'd sleep much better at night knowing I have nothing to worry about.
Thanks for any help!

 

[Dave T]

You assume correctly

It is a nice looking picture. I don't know if it counts though since there are no hairy toes in it. lol