So a neighbor told me...

[Omaha419]

Ordered a blue label G19 recently. Had to wait because the gun was on back order. Gun comes in, I complete the payment. Gun shop tells me that it will be anywhere from 45-60 days for the background check. I share the news with my neighbor who is also a gun owner. He claims that since my back ground check wasn't denied after 7 days, the gun shop HAS to give me the gun. He also claimed that his wife was able to get her .45 much sooner because of this.

Is this true? Combing these forums and bing turned up nothing. Thanks.

 

[FrankZ]

Ordered a blue label G19 recently. Had to wait because the gun was on back order. Gun comes in, I complete the payment. Gun shop tells me that it will be anywhere from 45-60 days for the background check. I share the news with my neighbor who is also a gun owner. He claims that since my back ground check wasn't denied after 7 days, the gun shop HAS to give me the gun. He also claimed that his wife was able to get her .45 much sooner because of this.

Is this true? Combing these forums and bing turned up nothing. Thanks.

This has been answered over and over and over.

The consensus is there is no clear consensus and the FFL isn't going to risk its livelihood for you.

If Bing couldn't find it is time to go back to Google.

 

[Hopalong]

Technically, yes, the FFL can release it after 7 days. But by doing so they're taking a huge risk so most choose not to.

 

[2AHokie]

Ordered a blue label G19 recently. Had to wait because the gun was on back order. Gun comes in, I complete the payment. Gun shop tells me that it will be anywhere from 45-60 days for the background check. I share the news with my neighbor who is also a gun owner. He claims that since my back ground check wasn't denied after 7 days, the gun shop HAS to give me the gun. He also claimed that his wife was able to get her .45 much sooner because of this.

Is this true? Combing these forums and bing turned up nothing. Thanks.

The dealer absolutely CAN, but they are absolutely NOT REQUIRED to do so.

Federal law has provisions to allow for this to happen and MD law does not prohibit it so there should be no risk to a dealer's FFL, but no dealer wants to be the one that sells a firearm to a prohibited person who turns around and does something terrible with it.

I've seen 2nd hand reports that a couple of dealers are starting to release firearms before hearing back from MSP and after waiting the required 7 days, but only to customers who have recently been not disapproved on another transaction.

 

[Omaha419]

The dealer absolutely CAN, but they are absolutely NOT REQUIRED to do so.

Federal law has provisions to allow for this to happen and MD law does not prohibit it so there should be no risk to a dealer's FFL, but no dealer wants to be the one that sells a firearm to a prohibited person who turns around and does something terrible with it.

I've seen 2nd hand reports that a couple of dealers are starting to release firearms before hearing back from MSP and after waiting the required 7 days, but only to customers who have recently been not disapproved on another transaction.

Answers my question. Thanks.

 

[Big Moose]

Combing these forums and bing turned up nothing. Thanks.

Well there's your problem!

I kid, I kid.

 

[Omaha419]

Well there's your problem!

I kid, I kid.

I avoid google at all costs. Too left wing biased for my taste, but that's a completely different topic altogether.

 

[Mooseman]

 

[IGOR455]

we were told bu the atf inspector bout 2 weks ago that if the dealer didnt have a nics check no release of the firearm. the dealer wuld be introuble with teh feds

 

[Pilot7576]

it must be true if it's on the internet...just like the french model...bon joooor...

Pilot7576

 

[L0gic]

we were told bu the atf inspector bout 2 weks ago that if the dealer didnt have a nics check no release of the firearm. the dealer wuld be introuble with teh feds

Guess this thread fell through a big black bing hole?
http://www.mdshooters.com/showpost.php?p=2338559&postcount=167

According to Title 27: Alcohol, Tobacco Products, and Firearms

CHAPTER II: BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DEPARTMENT OF JUSTICE

SUBCHAPTER B: FIREARMS AND AMMUNITION

PART 478: COMMERCE IN FIREARMS AND AMMUNITION

Subpart H: Records

478.124 - Firearms transaction record.

(C)(3)(iv) Shall comply with the requirements of ? 478.102 and record on the form the date on which the licensee contacted the NICS, as well as any response provided by the system, including any identification number provided by the system.

This would be the regulation that confirms the "For purposes of this form, contacts to NICS include contacts to State agencies designated to conduct NICS checks for the Federal Government." 21a date should be when the information was submitted to MSP NOT when MSP contacted NICS. Because remember MSP is NOT a licensee.

Just to note 478.102 is basically just the section that starts the NICS part of the brady law.
------------
Federal Firearms Regulations Reference Guide: www.atf.gov/files/publications/download/p/atf-p-5300-4.pdf

Page 55:
§ 478.102
Sales or deliveries of firearms on and after November 30, 1998.
(a) Background check. Except as provided in paragraph (d) of this section, a licensed importer, licensed manufacturer, or licensed dealer (the licensee) shall not sell, deliver, or transfer a firearm to any other person who is not licensed under this part unless the licensee meets the following requirements:
(1) Before the completion of the transfer, the licensee has contacted NICS;
(2) (i) NICS informs the licensee that it has no information that receipt of the firearm by the transferee would be in violation of Federal or State law and provides the licensee with a unique identification number;
or
(ii) Three business days (meaning days on which State offices are open) have elapsed from the date the licensee contacted NICS and NICS has not notified the licensee that receipt of the firearm by the transferee would be in violation of law; and
(3) The licensee verifies the identity of the transferee by examining the identification document presented in accordance with the provisions of § 478.124(c).

 

[Ab_Normal]

There is a lot of good info in that entire thread.

I am starting to realize that a lot of dealers in Md. are just as responsible for this mess as the MSP.

 

[CrimsonJer]

I avoid google at all costs. Too left wing biased for my taste, but that's a completely different topic altogether.

... Seriously? Ease up, man. Use the better mousetrap, damn the loyalty.