Seven Day Wait

[Mooseman]

I just finished doing paperwork on a T/C Contender. It was transferred through a new shop in Maryland. The owner has a misunderstanding about how days are counted. I told him, "your shop, your rules, but you have it wrong". I have no plans on arguing with the man. I will pick my Contender up on the 23rd when he will release it. I did try to explain the law to him the best I could. He is under the impression that the day the paperwork is done does not count. I say he is mistaken. He is under the impression that Saturdays, Sundays, and holidays do not count. I told him that Saturdays count. Sundays and holidays count, but I can't take possession on those days. He told me he would like to do it the right way. If I can show him where in the convoluted Maryland laws it says that, he would love that. He told me he got his information at the Maryland FFL orientation. Since he is the owner, he wants to make his customers happy. Can anyone tell me where I can find the law that covers this? I would like to print it out and give it to him. Thank you for your help.

 

[DC-W]

http://mgaleg.maryland.gov/webmga/f...on=5-122&ext=html&session=2014RS&tab=subject5

§5–122.
(a) 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) (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.

Also

http://mgaleg.maryland.gov/webmga/frmStatutesText.aspx?article=gps&section=5-123&ext=html&session=2014RS&tab=subject5

§5–123.
(a) 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.
(b) A licensee shall complete the sale, rental, or transfer of a regulated firearm within 90 days after the firearm application was stamped by the Secretary as not being disapproved.
(c) (1) If the sale, rental, or transfer of a regulated firearm is not completed within 90 days after the firearm application was stamped by the Secretary as not being disapproved, a licensee shall return the firearm application to the Secretary within 7 days.
(2) The Secretary shall void a firearm application returned under paragraph (1) of this subsection as an incomplete sale, rental, or transfer.
(d) (1) (i) A licensee who sells, rents, or transfers a regulated firearm in compliance with this subtitle shall forward a copy of the written notification of the completed transaction to the Secretary within 7 days after delivery of the regulated firearm.
(ii) The notification shall contain an identifying description of the regulated firearm, including its caliber, make, model, any manufacturer’s serial number, and any other special or peculiar characteristic or marking by which the regulated firearm may be identified.
(2) The Secretary shall maintain a permanent record of all notifications received of completed sales, rentals, and transfers of regulated firearms in the State.

 

[Mooseman]

http://mgaleg.maryland.gov/webmga/f...on=5-122&ext=html&session=2014RS&tab=subject5

Thank you. That is a good start. Where can I find the part about Sundays and holidays? I'm sorry, looking at that legal mumbo jumbo is more than I can handle.

 

[DC-W]

That I do not know.

I AM NOT A LAWYER

 

[PJDiesel]

He's most definitely confused.

 

[j8064]

Yep, the FFL is wrong. Mooseman, I have the text of the section on my office desktop, but I cant get to my puter on crutches. The law basically says day one is the day the PPW is faxed and the firearm can be released on day 7 unless that is Sunday or a holiday.

Hopefully I can hobble out to my office tomorrow or better yet someone else here may have a copy of the section.

 

[Mooseman]

That I do not know.

I AM NOT A LAWYER

I appreciate your help. That is a great start.

 

[BUFF7MM]

Yep, the FFL is wrong. Mooseman, I have the text of the section on my office desktop, but I cant get to my puter on crutches. The law basically says day one is the day the PPW is faxed and the firearm can be released on day 7 unless that is Sunday or a holiday.

Hopefully I can hobble out to my office tomorrow or better yet someone else here may have a copy of the section.

Easy crip, lay back and drink your beer.

 

[Mooseman]

He's most definitely confused.

If you mean the FFL, he most certainly is. I would not be surprised if new FFL were deliberately misled during their orientation.

 

[Mooseman]

Yep, the FFL is wrong. Mooseman, I have the text of the section on my office desktop, but I cant get to my puter on crutches. The law basically says day one is the day the PPW is faxed and the firearm can be released on day 7 unless that is Sunday or a holiday.

Hopefully I can hobble out to my office tomorrow or better yet someone else here may have a copy of the section.

Easy crip, lay back and drink your beer.

I appreciate the thought, but I'm with Buff. Just take it easy and relax. Good luck tomorrow.

 

[PJDiesel]

If you mean the FFL, he most certainly is. I would not be surprised if new FFL were deliberately misled during their orientation.

Could be. Considering how screwed up the laws are, and likely consequences for effing up, I'm also not surprised about people erring on the extreme side of caution.

 

[Mooseman]

Could be. Considering how screwed up the laws are, and likely consequences for effing up, I'm also not surprised about people erring on the extreme side of caution.

I agree. I told him that I don't blame him for being cautious. It is how he makes a living.

 

[j8064]

Easy crip, lay back and drink your beer.

I appreciate the thought, but I'm with Buff. Just take it easy and relax. Good luck tomorrow.

I've been working on the care package next to me. The ankle hurts a lot less now...

 

[BUFF7MM]

I'm going in there tomorrow and rip him a new a**. J/K
I need to see what he's got.

 

[SRD]

Well,on the bright side at least you know he'll do 8th day release.

On a serious note,are you buying just a receiver or with a barrel?If the the latter,what did they say about a lock?

 

[Mooseman]

I've been working on the care package next to me. The ankle hurts a lot less now...

They say medication in liquid form works best.

 

[Mooseman]

I'm going in there tomorrow and rip him a new a**. J/K
I need to see what he's got.

Not much there. I wouldn't make a special trip, but if you are going by that way.

 

[Mooseman]

Well,on the bright side at least you know he'll do 8th day release.

On a serious note,are you buying just a receiver or with a barrel?If the the latter,what did they say about a lock?

PM inbound.

 

[DC-W]

Glad I could be of service.

The MGA's website is very handy.

 

[Name Taken]

It used to be spelled on the back of a 77R.