One a Month Rule & 7 Day Waiting Period !!!!! <----------

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  • snick97

    Member
    Nov 19, 2008
    85
    Hey guys, so how does the timing work? My timeline:

    I bought an H&K P30 on Thursday, November 6th
    And after the 7 day waiting period, took it home on Friday, November 14th

    Is it 30 days from purchase, or from when you take it home? Any FFL's feel free to chime in, thanks guys!!!

    ps: STILL waiting on my collectors status :(
     

    Trey

    Active Member
    Aug 20, 2008
    157
    Silver Spring, MD
    The question on the form is something like, "Have you filed paperwork or taken possession of a regulated firearm in the last 30 days?" In order to truthfully answer "no" to that question, you'd wait until Dec. 15. However, I believe the 7 day waiting period can overlap with the 30 day waiting period (which seems odd to me given the question on the paperwork) so if you bought and started paperwork on a new regulated firearm on Dec 8th, and took possession on or after Dec 15th, you'd be ok. I guess the overlap is ok because the paperwork is actually finalized on the transfer date, which is when that statement about the previous 30 days needs to be true.

    I am not a lawyer or even remotely an expert on these things, this is just my understanding.
     

    novus collectus

    Banned
    BANNED!!!
    May 1, 2005
    17,358
    Bowie
    A shot in the dark wild guess:
    The law says one may not "purchase" more than one firearm in thirty days, so I would assume that if no money exchanged hands, then the law is not broken. So As I understand it, thirty days must pass from the completion of the last purchase to the exchange of money for the next.
    In other words, I would think that if someone recieved a handgun on December 1st, they could fill out the paperwork on December 23rd and pay (purchase) the handgun after the seventh day on the 31st.

    (b) One purchase limit. A person may not
    purchase more than one regulated firearm in a
    30-day period.
    But I simply have no clue on this or what they deem a "purchase" (exchange of firearm, exchange of money, or both?).
     

    MauiWowie

    I have the SIGness...
    Nov 23, 2008
    7,349
    Harford Co.
    my last pick up was November 25
    My next pick up should have been dec25
    But holiday so I get it on the 26 th
    The seven day wait can overlap
     

    Todd v.

    Ultimate Member
    Nov 30, 2008
    7,921
    South Carolina
    I've asked several FFL's about this and you can overlap the paperwork with the 30 days. You simply can not take delivery of more than one regulated firearm per 30 days.

    X2 amgoing through this right now. I justfilledout the date I took delivery of the last firearm and they will not release the next one until 30 have past. Seems to have nothing to do with the actual purchase only the delivery.
     

    snick97

    Member
    Nov 19, 2008
    85
    thanks guys, I will fill out the paperwork for 1 of my 4 waiting firearms and hope like hell my collection letter comes in before the NEXT 30 days are up (will call the MSP in another week to check if i'm in the database yet too ;))

    out of the 4 I think will pick the 6920 Colt :D

    so excited!!!
     

    MauiWowie

    I have the SIGness...
    Nov 23, 2008
    7,349
    Harford Co.
    thanks guys, I will fill out the paperwork for 1 of my 4 waiting firearms and hope like hell my collection letter comes in before the NEXT 30 days are up (will call the MSP in another week to check if i'm in the database yet too ;))

    out of the 4 I think will pick the 6920 Colt :D

    so excited!!!

    Thats a nice piece
     

    wlc

    Ultimate Member
    Nov 13, 2006
    3,521
    COLLECTOR STATUS :party29:
    and the 30 day thing is void

    Ditto - got mine when O'malley got in office and there was a pending gun bill in MD - but did not use it until now

    bought 4 guns since the elections :D
     

    txiyo

    Ultimate Member
    Mar 18, 2008
    1,705
    I got an AR lower on nov 9th, and applied for again on Dec 4th for this XD. I'll let you know if MSP rejects it. On my paper work that is what I wrote in.
     

    Norton

    NRA Endowment Member, Rifleman
    Staff member
    Admin
    Moderator
    May 22, 2005
    122,908
    The way I look at it, one gun a month is just good budgeting ;)
     

    vwpilot

    Member
    Nov 26, 2008
    21
    Way back toward the beginning of '08, when I was getting back into shooting after about a 6 year layoff, my dealer encouraged me to apply for collectors status. I told him I had no intention of buying that much stuff, but he said do it anyway, its free and you'll always have it just in case.

    I'm SOOOOO glad he did. As the year went on, I was able to buy several stripped AR lowers all at one time when I found a good deal on them, I've bought several handguns within 30 days at times and at one point had a 6 month custom 1911 come in right about the same time I found a good deal on a SV Infinity that was used. I was able to pick them up the same day thanks to collectors status.

    What a great thing and I'm so glad I did it. If you have no intention, I highly recommend you do it anyway, just because. You never know when it will come in handy and just how freeing it makes you feel.

    I only wish it also allowed for the removal of the 7 day wait period. Seems silly to have a gun on order for 6 months and then have to wait 7 more days to "cool down" and make sure I'm not going to hurt anyone with it.
     

    novus collectus

    Banned
    BANNED!!!
    May 1, 2005
    17,358
    Bowie
    Way back toward the beginning of '08, when I was getting back into shooting after about a 6 year layoff, my dealer encouraged me to apply for collectors status. I told him I had no intention of buying that much stuff, but he said do it anyway, its free and you'll always have it just in case.

    I'm SOOOOO glad he did. As the year went on, I was able to buy several stripped AR lowers all at one time when I found a good deal on them, I've bought several handguns within 30 days at times and at one point had a 6 month custom 1911 come in right about the same time I found a good deal on a SV Infinity that was used. I was able to pick them up the same day thanks to collectors status.

    What a great thing and I'm so glad I did it. If you have no intention, I highly recommend you do it anyway, just because. You never know when it will come in handy and just how freeing it makes you feel.

    I only wish it also allowed for the removal of the 7 day wait period. Seems silly to have a gun on order for 6 months and then have to wait 7 more days to "cool down" and make sure I'm not going to hurt anyone with it.
    :thumbsup: I have had my designated collectors status for over three and a half years now and still haven't used it once. I don't doubt there will be a day when I will need it all the time though.

    Have you gotten your C&R FFL too yet? :)
     

    vwpilot

    Member
    Nov 26, 2008
    21
    I have not got the C&R, probably should just in case. I dont really have a lot of interest in those kinds of weapons though...but maybe one day.
     

    gtodave

    Member
    MDS Supporter
    Aug 14, 2007
    14,576
    Mt Airy
    A shot in the dark wild guess:
    The law says one may not "purchase" more than one firearm in thirty days, so I would assume that if no money exchanged hands, then the law is not broken. So As I understand it, thirty days must pass from the completion of the last purchase to the exchange of money for the next.
    In other words, I would think that if someone recieved a handgun on December 1st, they could fill out the paperwork on December 23rd and pay (purchase) the handgun after the seventh day on the 31st.


    But I simply have no clue on this or what they deem a "purchase" (exchange of firearm, exchange of money, or both?).

    Novus, where do you go to look up the laws? I can't find it online, and I need the actual number for the part that reads: "If no action is taken within seven working days from the date the application is forwarded by the dealer, the handgun may be delivered to the purchaser."
     

    novus collectus

    Banned
    BANNED!!!
    May 1, 2005
    17,358
    Bowie
    Novus, where do you go to look up the laws? I can't find it online, and I need the actual number for the part that reads: "If no action is taken within seven working days from the date the application is forwarded by the dealer, the handgun may be delivered to the purchaser."



    It is not so much what it says, it is what it doesn't say. It doesn't say it is prohibitted to transfer after the seventh day if there is no "hold" or "dissaproved".

    Public Safety Article:
    5-122. Disapproval of firearm application.
    (a) Grounds. The Secretary shall disapprove
    a firearm application if:
    (1) the Secretary determines that the firearm
    applicant supplied false information or made a
    false statement;
    (2) the Secretary determines that the firearm
    application is not properly completed; or
    (3) the Secretary receives written notification
    from the firearm applicant's licensed attending
    physician that the firearm applicant suffers from
    a mental disorder and is a danger to the firearm
    applicant or to another.
    (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.

    ...


    .....5-123. Time for licensee to complete transactions.
    (a) Seven-day waiting period. A licensee
    may not sell, rent, or transfer a regulated firearm
    until after 7 days following the time a firearm application
    is executed by the firearm applicant, in
    triplicate, and the original is forwarded by the
    prospective seller or transferor to the Secretary.
    http://www.atf.treas.gov/firearms/statelaws/26thedition/maryland.pdf

    Other places to look are:
    http://www.dsd.state.md.us/comar/
    http://law.justia.com/maryland/codes/index.html
    http://198.187.128.12/maryland/lpext.dll?f=templates&fn=fs-main.htm&2.0

    The last linkl seems to be having problems.
     

    novus collectus

    Banned
    BANNED!!!
    May 1, 2005
    17,358
    Bowie
    Novus, where do you go to look up the laws? I can't find it online, and I need the actual number for the part that reads: "If no action is taken within seven working days from the date the application is forwarded by the dealer, the handgun may be delivered to the purchaser."

    I just found this in the regulations:
    29.03.01.10
    .10 Sale or Transfer of Regulated Firearms Without Approval.

    A. If a dealer or person does not receive a notification of a hold for an open disposition of a criminal proceeding or disapproval within the 7-day waiting period between submission of the application and a purchase, rental, or transfer, the dealer or person may sell, rent, or transfer the regulated firearm if all applicable provisions of Public Safety Article, Title 5, Subtitle 1, Annotated Code of Maryland, have been complied with. The application to purchase or transfer a regulated firearm form shall be stamped "not disapproved" to show that action was taken by the State Police if a disapproval was not warranted.
    http://www.dsd.state.md.us/comar/29/29.03.01.10.htm
     

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