77R Litigation Successful - MSP Agrees that Dealers Can Release Guns

[AGCLVP]

We are pleased to announce a successful outcome in the 77R lawsuit due to the combined efforts of AGC, Maryland Licensed Firearms Dealers Association (MLFDA) and MSI. We can now move forward to address other issues

We filed a lawsuit against Maryland State Police because Maryland citizens were not being cleared by Maryland State Police to receive their purchased regulated firearms within the seven days required by law. Maryland State Police's processing time had become greater than 60 days. Maryland State Police had not provided any formal or informal guidance to sellers on whether they could release firearms after the seven day waiting period. Marylanders were waiting months to obtain handguns they had purchased for protection in their homes.

In our complaint, we requested a declaration that sellers of regulated firearms could transfer after seven days. Maryland State Police and the Maryland Attorney General have conceded this point. In binding legal statements filed to avoid our lawsuit, the State of Maryland has declared its position, never voiced officially prior to this lawsuit and contrary to many prior unofficial statements, that regulated firearms transfers are permissible after the seven-day waiting period and will not be punished.

What's more, Maryland State Police has advised the Court in a sworn statent that it already is gearing up with more personnel to deal with the backlog of applications more effectively. This lawsuit already has sped that process. Based on the State of Maryland's official statements binding themselves before the Court in this lawsuit through the Maryland State Police and the Maryland Attorney General, we have accomplished our goal with this lawsuit.

Accordingly, we have instructed legal counsel to withdraw our lawsuit without prejudice to our refiling should Maryland State Police not live up to their promises to the Citizens of Maryland.

77R Litigation Updated Documents
The following court documents were filed by the Attorney General on behalf of the Maryland State Police:
• Defendants' Motion to Dismiss;
• Defendants' Opposition to Plaintiffs' Motion for Preliminary Injunction or, in the Alternative, Declaratory Relief;
• Defendants' Response to Plaintiffs' Motion to Proceed Under Fictitious Names and Bar Public Identification of Plaintiffs' Identities; and
• Defendants' Response to Plaintiffs' Motion for Expedited Treatment
These documents have been added to the PDF portfolio of documents on the AGC's website.

Click here for the 77R Litigation portfolio.

 

[44man]

great news and thanks to everyone involved for all your hard work

 

[bilbravo]

WOOHOO!

 

[Jmarko]

Good news, hopefully this allows the dealers that were on the fence about releasing the ability to do so.

 

[Sharpeneddark]

You guys should have made it so the AG had to read the letter on camera. That would have been priceless!

 

[MJD438]

Great news. I just took a few minutes to read the AG responses. I must admit that it is clear that the AG believes that delaying 2nd Amendment-protected purchases is not a fundamental denial of civil rights...that was another set of whiny-baby documentation, IMO.

 

[Inigoes]

Getting a download error on the 77R Litigation portfolio.

 

[jrumann59]

save it then open it.

 

[bilbravo]

Getting a download error on the 77R Litigation portfolio.

If you aren't using Adobe Acrobat Reader you'll have to jump through some hoops to read it. If you right-click and download it you should be able to open it. Chrome would not read it as-is.

It is a portfolio PDF, not a standard PDF document.

 

[R1125]

Will MSP send a email to the FFL's stating that they can release after 7 day's?

 

[HKB]

So this should mean there is no reason for FFL's to continue the hold our property and should release anything that is pending "not disapproved" after 7 days?
I want to be sure when I go visit my neighborhood fun store that has been holding my lower since march 25.

 

[jrumann59]

So this should mean there is no reason for FFL's to continue the hold our property and should release anything that is pending "not disapproved" after 7 days?
I want to be sure when I go visit my neighborhood fun store that has been holding my lower since march 25.

IT is still up to the FFLs since, it just clarifies that they MAY release after 7 days and nothing from the MSP.

 

[TyFromMD]

I don't have access to read that document at this time, but how does it address MSP as point-of-contact for NICS?

 

[BigSteve57]

So this should mean there is no reason for FFL's to continue the hold our property and should release anything that is pending "not disapproved" after 7 days?
I want to be sure when I go visit my neighborhood fun store that has been holding my lower since march 25.

Same question here...been waiting since 4/21 for my little Browning .22 Stainless Buckmark Camper.

 

[MJD438]

I don't have access to read that document at this time, but how does it address MSP as point-of-contact for NICS?

Other than noting that NICS is just one of the checks, I don't recall any major discussion of that fact in the AG response documents.

 

[USAFRavenR6]

IT is still up to the FFLs since, it just clarifies that they MAY release after 7 days and nothing from the MSP.

I was just about to say the same exact thing but think about it for a second. The 8 day release was never in question, we always knew that and so did the FFLs, it was ultimately up to the FFL in the end since they released prior to paperwork according to law. The good news with this is that there is an additional safty catch for FFLs now being that the MSP MUST return a denial in 7 days as stated in this case. When they do not, and we know they do not posses the ability to handle this situation, they are now in violation (as they always have been) and the FFLs are removed since they are operating as needed in order to keep their business going. Just my .02

 

[aray]

My sincere congratulations, thanks, and admiration to the AGC, MLFDA, and MSI. You've done a great service to the lawful gun owners of Maryland. This is good news indeed.

(Of course, discovery would have had its benefits too... )

 

[PJDiesel]

IT is still up to the FFLs since, it just clarifies that they MAY release after 7 days and nothing from the MSP.

So, in other words........


NOTHING CHANGED.

 

[ShallNotInfringe]

"In binding legal statements filed to avoid our lawsuit, the State of Maryland has declared its position, never voiced officially prior to this lawsuit and contrary to many prior unofficial statements, that regulated firearms transfers are permissible after the seven-day waiting period and will not be punished."

 

[JADCecil]

Win?

That was my take on it, too. Why would Plaintiffs voluntarily dismiss this suit? Unless this dismissal is going to be followed up by an explicit letter to FFLs by MSP with true clarity, what did MSI "win"?

And Discovery would have been great. The depositions could have gone on for days. I would have loved to see invocations of "executive privilege".