What gives the MSP the right to require.....

[Robert1955]

A FFL to follow ADVISORY LD-FRS-13-001 they issued on June 7, 2013?

Dealers who choose to release a regulated firearm prior to the completion of a background investigation should clearly print across the top of the original “hard copy” application, under the document’s title, Maryland State Police Application And Affidavit To Purchase A Regulated Firearm “EIGHTH DAY RELEASE”. Once noted, the application may only be returned to the Firearms Registration Section by mail to:

This is not written into the current law as the process to follow when they fail to meet their obligation under the law to provide a response within 8 days. Yes they can ask for anything they want but I don't see how a Dealer can be held accountable if they don't. I just see this as a burden they are placing on dealers, who are already buried under firearms they are forced to store securely by the hundreds, as a way to "encourage" dealers to wait and not have to do extra paperwork.

 

[Robert1955]

Wow 141 views and not a single comment? This State and our Dear Leader are f'n us big time and no one has an idea how the MSP can require this? I guess passing day 112 is just getting to me....

 

[montoya32]

Same thing that allows them to require a mandatory, voluntary registration.

 

[Infantry23]

This is a very good question....

IANAL

 

[clandestine]

MD Dealers have a separate license to sell regulated Firearms in Maryland. The MSP creates guidelines on how Licensed Dealers must conduct Regulated Transactions. If a FFL does not follow guidelines they can have their MD Regulated License revoked. A Brick and Mortar shop cannot survive in MD without that license unless they do some type of specialty work/sales.

FYI the new Legislation MD passed this session allows UNLIMITED MSP Inspections. Previously they could only visit 1-2 times a year for compliance/inspection. The new Law allows them to come to a shop EVERY DAY which essentially ties up the shop from doing business.

FWIW, this is a bad thing for a FFL because a condition of your FFL is to observe ALL State, Local, and Federal Laws. A License Revocation from MD can jeapordize a federal firearms license too.

 

[fabsroman]

MD Dealers have a separate license to sell regulated Firearms in Maryland. The MSP creates guidelines on how Licensed Dealers must conduct Regulated Transactions. If a FFL does not follow guidelines they can have their MD Regulated License revoked. A Brick and Mortar shop cannot survive in MD without that license unless they do some type of specialty work/sales.

FYI the new Legislation MD passed this session allows UNLIMITED MSP Inspections. Previously they could only visit 1-2 times a year for compliance/inspection. The new Law allows them to come to a shop EVERY DAY which essentially ties up the shop from doing business.

FWIW, this is a bad thing for a FFL because a condition of your FFL is to observe ALL State, Local, and Federal Laws. A License Revocation from MD can jeapordize a federal firearms license too.

Not really an answer to the actual question though.

I am guessing there is no answer because nobody knows what the actual procedure is for adopting regulations to enforce the laws on the books. I am guessing that there is an exact procedure for MSP to enact regulations and I am also guessing that this notice "regulation" did not go through the proper process to become a part of COMAR (Code of Maryland Regulations). I could figure it out, but I am honestly too tired tonight to spend the time doing it. Between the debate about assault weapon PO issues and whether an assault weapon has to be entirely built before October 2, 2013 to be grandfathered, I am exhausted and wondering why I even bother.

 

[mudskipper]

Complying with the gun laws of this state is just "quaint" at this point.

Sorta like floppy disks. Or looking for a phone booth. Or cars with whitewall tires.

 

[MedInfantry]

As long as the FFLs follow the current laws on the books, they can transfer before the MSP gets the paperwork back.

Entirely too many FFLs have been spooked by the menacing agents coming out if Pikesville, which has led to the draconian wait times.

If the law doesn't take effect until 1 October, then it's the PRESENT laws that can only be enforced.

Do yourself a favor and find a FFL that knows the law and will release on 8th day.

 

[Biggfoot44]

Not news . These thing were all pointed out when the said "requirement" was introduced.

Bottom lines : Nope , they don't have statutory , nor proper regulatory authority for that.

BUT , compared to the totality of MSP's actions , this is the least important to make a stand over.

 

[Brooklyn]

Really, this is what we are going to fight the state over....

call it a request... by the guys that decide if you can stay in business.

 

[hvymax]

Not really an answer to the actual question though.

I am guessing there is no answer because nobody knows what the actual procedure is for adopting regulations to enforce the laws on the books. I am guessing that there is an exact procedure for MSP to enact regulations and I am also guessing that this notice "regulation" did not go through the proper process to become a part of COMAR (Code of Maryland Regulations). I could figure it out, but I am honestly too tired tonight to spend the time doing it. Between the debate about assault weapon PO issues and whether an assault weapon has to be entirely built before October 2, 2013 to be grandfathered, I am exhausted and wondering why I even bother.

Sure it is. The MD legislature gave MSP and their Lackies there almost unlimited authority to make crap up as long as it infringes on our rights to protect our lives, secure our property or recreate as we see fit with firearms.

 

[mike_in_md]

MD Dealers have a separate license to sell regulated Firearms in Maryland. The MSP creates guidelines on how Licensed Dealers must conduct Regulated Transactions. If a FFL does not follow guidelines they can have their MD Regulated License revoked. A Brick and Mortar shop cannot survive in MD without that license unless they do some type of specialty work/sales.

FYI the new Legislation MD passed this session allows UNLIMITED MSP Inspections. Previously they could only visit 1-2 times a year for compliance/inspection. The new Law allows them to come to a shop EVERY DAY which essentially ties up the shop from doing business.

FWIW, this is a bad thing for a FFL because a condition of your FFL is to observe ALL State, Local, and Federal Laws. A License Revocation from MD can jeapordize a federal firearms license too.

I predict this will lead to coruption and payoffs by FFLs competing against other FFLs even though the FFL has clean records. There has to be a fairer standard.

 

[Robert1955]

I must have missed the past thread where this "ADVISORY" was discussed. But by its very name it's defined as advice to the dealers, yes? I can almost see this as a form of extortion where the State is trying to psychologically coerce (sp ?) dealers to not follow the law with the perceived threat of multiple inspections as a way to harass dealers that, silly them, follow the law. I know I am preaching to the choir here as it is but when you try and talk to “Anti-Firearms” people you get nowhere. For regulated sales the Dealers should be able to call for the NICS check like they do now for regular long guns and put the number on the form before sending it to the State. That way the State only needs to do their extra checks and still have the 7/8 day wait and only need to redo the NICS check if it goes past the 30 days it’s good fo.That way the dealer can release after the 8 day mark with a check done. I think most of those 30 transfers would have not happened if the dealers could have run the NICS check. The State is putting it's citizens at needless risk by still forbidding dealers from running a check not the dealers.

 

[dleary13115]

FWIW, this is a bad thing for a FFL because a condition of your FFL is to observe ALL State, Local, and Federal Laws. A License Revocation from MD can jeapordize a federal firearms license too.

I thought that the local and state law was pretty clear on a 7 day waiting period.

 

[Mark75H]

I predict this will lead to coruption and payoffs by FFLs competing against other FFLs even though the FFL has clean records. There has to be a fairer standard.

I do not believe there is any evidence of corruption at MSP ... I also think that MD FFL's would be so afraid of an offer from a Trooper/Inspector of being a sting that they would probably report it immediately - and the same from the MSP side. The antis would love that so much they'd play it until the Sun Paper ran out of ink and there were no more radio waves to wiggle from the tower downtown.


If you have evidence of corruption at MSP, post it here and now

 

[Robert1955]

From what I see mike_in_md made a prediction that corruption could be an outcome not a statement that it currently exists.

 

[Docster]

From what the OP quoted in the law, it stated 'should', not 'required to'. Big difference.
"Just to be safe, you SHOULD drive 10 mph under the speed limit......"
So, just read what the statement said, not what you think it said.

 

[mudskipper]

I do not believe there is any evidence of corruption at MSP ...

I just fell outta my chair from laughing so hard!!!!


What else do you call a mysterious, unexplained, unprecedented slowdown in paperwork leading to wait times never before imagined, just before a new, incredibly restrictive, burdensome, unConstitutional gun ban comes into effect?

Because I'd call that.... corruption.

Sure, it's not like MSP is taking bribes or anything, but if you think this paperwork slowdown is happening in a vaccum, you're higher than the entire audience at a Phish concert!

The reason we're seeing wait times exceeding 100 days now for transactions that used to take 8 is very simple - the MSP is dragging it's feet to drastically limit the number of regulated guns sold. Period. There is NO other possiblity. Whether they are being directed to do this by the Govenor or if they're doing it under thier own voliton, doesn't matter. But they are doing it.

Proof of this is the effort to try to intimidate FFL's who follow the law as it is written, with 8th day releases. If this really was just an "overwhelming volume of paperwork" as they've been saying, they wouldn't be going to the trouble of trying to scare dealers for releasing according to the law. But the fact that MSP is openly intimidating FFL's shows that their real, genuine intent is to do anything they can to limit the number of regulated firearms sold prior to the law taking effect.

Yes, the Maryland State Police are as corrupt as the democrat party.

 

[MDFF2008]

The corruption exists at the high levels of the MSP. I don't believe the rank and file troopers are against us, but the head of the MSP is appointed by the govenor.

 

[hvymax]

I do not believe there is any evidence of corruption at MSP ... I also think that MD FFL's would be so afraid of an offer from a Trooper/Inspector of being a sting that they would probably report it immediately - and the same from the MSP side. The antis would love that so much they'd play it until the Sun Paper ran out of ink and there were no more radio waves to wiggle from the tower downtown.


If you have evidence of corruption at MSP, post it here and now

Their testimony in Annapolis in Feb and March!!!