NO NICS Checks for MD Dealers for Handguns and Receivers 6/14/2013

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  • Forthefunofit

    Active Member
    Mar 25, 2013
    164
    Ridgely, MD
    Conditional releases affected???

    The way I see and it's probably as clear as mud. The dealers releasing conditionally such as recent ND, collector, purchase with unregulated, etc., should not be affected by this change. As for my contemplated trust for my can purchase, I guess this will delay that for the time being. Just another hurdle for us figure out, hopefully we don't regress too far.
     

    clandestine

    AR-15 Savant
    Oct 13, 2008
    37,032
    Elkton, MD
    Pretty sure this is just directed at a few dealers who were running their own NICS check on regulated gun and saying they were running it on "other" or "long guns" when in fact it was for a handgun.

    We will find out shortly. We are going to run a NICS on NFA Trustee that has an approved tax stamp. I also have buyer who wants a pistol gripped pump shotgun.
     

    clandestine

    AR-15 Savant
    Oct 13, 2008
    37,032
    Elkton, MD
    Ah crap. So were one to find a KSG shotty for a decent price, while its unregulated in MD, an FFL could not run the NICS On that now??

    I should have clarified.

    Only a Pistol Grip is an "Other"

    A Shotgun with a Buttstock and a Pistol Grip is still a "Rifle/Shotgun" and not part of this absurd email from the NICS Center.

    This will force MD FFL's to submit 77r's for Pistol Gripped Shotguns. :sad20:

    This is ok:
    82800-1.jpg



    This may NOT be ok for a NICS Check since its an "Other" on the 4473:

    54125.jpg
     

    Cai

    Active Member
    Jul 5, 2011
    488
    Poolsville
    OK so I just had a light bulb go off... See if you can follow this for a minute.
    Say I put in for a handgun... wait the 8 days then go back to the shop where i bought the handgun and buy a regular rifle/shotgun. would that be a "legal" (probably not the right word but i can't think of a better one atm.) way around the crazy wait? I get a NICS check on a gun same day... The ffl now knows im not a crook and all is well.... Right?
     

    clandestine

    AR-15 Savant
    Oct 13, 2008
    37,032
    Elkton, MD
    OK so I just had a light bulb go off... See if you can follow this for a minute.
    Say I put in for a handgun... wait the 8 days then go back to the shop where i bought the handgun and buy a regular rifle/shotgun. would that be a "legal" (probably not the right word but i can't think of a better one atm.) way around the crazy wait? I get a NICS check on a gun same day... The ffl now knows im not a crook and all is well.... Right?

    Some Dealers are doing that as a policy. Its better than releasing with no NICS or MSP Check IMO. :thumbsup:
     

    F8L_Funnel

    Active Member
    Jan 28, 2013
    703
    I read a copy of the letter today, it specifically speaks to handguns. It does NOT say anything about regulated long guns(or lowers).
     

    clandestine

    AR-15 Savant
    Oct 13, 2008
    37,032
    Elkton, MD
    I read a copy of the letter today, it specifically speaks to handguns. It does NOT say anything about regulated long guns(or lowers).

    Lowers are not Long Guns. They are OTHER.

    The Letter does address "Other" and it appears they are targeting checks on "Other" 4473/NICS Checks from MD Dealers.

    Additionally, the NICS learned the number of transactions declared as "Other" on Form 4473 spiked, simultaneously with the hand gun checks. In June of 2009, the category of "Other" was listed on Form 4473. The average number of such transactions handled by the NICS for the state of Maryland has been 336 per year. Thus far, in calendar year 2013, the NICS has processed 437 checks, with 247 being handled in the month of June, alone. And, today is only June 14. The NICS has discovered that hand gun checks are being declared as "Other," which, again, is a misuse of the system. In order to preserve the integrity of the system, the NICS has stopped processing such requests for FFLs in the state of Maryland.
     

    F8L_Funnel

    Active Member
    Jan 28, 2013
    703
    My apologies, I don't speak as an authority on terminology. I know that lowers aren't "long guns"; some else had mentioned lowers. I am kinda flying through posts tonight. and am a little tippsie :beer:
     

    NateIU10

    Ultimate Member
    Apr 6, 2009
    4,587
    Southport, CT
    Lowers are not Long Guns. They are OTHER.

    The Letter does address "Other" and it appears they are targeting checks on "Other" 4473/NICS Checks from MD Dealers.

    I still think you are misinterpreting the "other" language in the letter.

    The gist is that, "NICS has stopped processing such requests for FFLs in the state of Maryland." Such requests, that the NICS is stating it won't handle, are "hand gun checks are being declared as "Other," which, again, is a misuse of the system.
     

    clandestine

    AR-15 Savant
    Oct 13, 2008
    37,032
    Elkton, MD
    I still think you are misinterpreting the "other" language in the letter.

    The gist is that, "NICS has stopped processing such requests for FFLs in the state of Maryland." Such requests, that the NICS is stating it won't handle, are "hand gun checks are being declared as "Other," which, again, is a misuse of the system.

    NICS has no way to determine that unless they ask if Dealers are incorrectly describing a Firearm.

    NICS REMOVED "Other" and "Handgun" from the Online NICS Check for MD Dealers.

    What does that say?
     

    Ranchero50

    Ultimate Member
    Dec 15, 2012
    5,411
    Hagerstown MD
    I don't think there was any ill intent from FFL's. I almost think the NICS folks were thinking that FFL's were calling about consignment pistols because the FFL already 'knows' they have to go through MSP for sales. As Lou said above, they don't ask if it's a consignment or a sale.

    Sadly it looks like the 'other' got thrown under the same bus. I do wonder what response a phone call for an other or consignment pistol would bring.
     

    clandestine

    AR-15 Savant
    Oct 13, 2008
    37,032
    Elkton, MD
    I don't think there was any ill intent from FFL's. I almost think the NICS folks were thinking that FFL's were calling about consignment pistols because the FFL already 'knows' they have to go through MSP for sales. As Lou said above, they don't ask if it's a consignment or a sale.

    Sadly it looks like the 'other' got thrown under the same bus. I do wonder what response a phone call for an other or consignment pistol would bring.

    They denied a customer trying to take his handgun back off consignment today at the shop. POC is the MSP.

    Yup, you have to wait for the MSP to get your gun back. :sad20:

    I have no illusion that other would bring the same response. Ill be calling in a "Other" on a pistol gripped shotgun I was looking to buy. Ill see how that goes.
     

    NateIU10

    Ultimate Member
    Apr 6, 2009
    4,587
    Southport, CT
    NICS has no way to determine that unless they ask if Dealers are incorrectly describing a Firearm.

    NICS REMOVED "Other" and "Handgun" from the Online NICS Check for MD Dealers.

    What does that say?

    Now that is interesting. Sorry if I missed you saying that before.

    Now my question is, can the BATFE do that?
     

    jrumann59

    DILLIGAF
    MDS Supporter
    Feb 17, 2011
    14,024
    I have a really dumb question, every time I have bought a gun I am asked if I am designated Collector, I answer yes because I am but I offer no proof. So how does dealer know if a person is a designated collector especially in this atmosphere?
     

    clandestine

    AR-15 Savant
    Oct 13, 2008
    37,032
    Elkton, MD
    I have a really dumb question, every time I have bought a gun I am asked if I am designated Collector, I answer yes because I am but I offer no proof. So how does dealer know if a person is a designated collector especially in this atmosphere?

    Dealer dosent unless you provide a copy but the MSP apparently checks a Database for that when they begin the investigation.
     

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