77R lawsuit successful

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  • MJD438

    Ultimate Member
    MDS Supporter
    Feb 28, 2012
    5,854
    Somewhere in MD
    So, I get MSP agreed that there would be no legal action taken against FFLs, but what's to stop the FBI and the ATF from going after FFLs who release after 8 days without a NICS number?
    Their own FAQ on the Brady law, in particular Question #57 (the first example is almost exactly a description of the situation in our "Free" state). IANAL, but I would guess that any lawyer defending an FFL would bring that to the table.
     

    JasonB

    Ultimate Member
    Sep 4, 2012
    2,580
    Belcamp
    Seems like they took the easy way out so nobody would have to testify under oath and possibly reveal political reasons for the delays.
     

    xgaspx

    Pennsylvania Ex-Pat
    May 31, 2013
    28
    Maryland
    To answer your other question, i believe the spent casing doesn't go in until the transfer occurs. At least that's what i have seen. If you haven't picked it up yet, the casing should still be at the dealer's.

    Yeah, the casing does not go to MSP until after the buyer takes possession of the firearm. According to my FFL the casing is supposed to be photographed/scanned and put into an MSP database but they do not have the funds to buy the necessary equipment. So, they currently just store the casings in barrels. The whole point of the law was to be able to identify the firearm used when spent casings are found at the crime scene. Without a database to search the law serves no purpose. Apparently granting funding to enforce existing laws does not win as many votes as passing new laws.
     

    Peartree

    Active Member
    May 25, 2013
    541
    Mt Airy
    I'll believe it when I see it!

    Today marks day 70 for me and 41 for my wife (two separate dealers, both previously hard NOs. I really don't see where this provides enough motivation (cover) for them to change their minds. Again, I'll believe it when I see it.
     

    TyFromMD

    Ultimate Member
    Mar 31, 2011
    3,804
    Maryland
    Their own FAQ on the Brady law, in particular Question #57 (the first example is almost exactly a description of the situation in our "Free" state). IANAL, but I would guess that any lawyer defending an FFL would bring that to the table.

    Thanks! This is what I needed to see! Now, FFLs should see that too.
     

    chris1205

    Member
    Mar 25, 2013
    30
    harford county
    So, I get MSP agreed that there would be no legal action taken against FFLs, but what's to stop the FBI and the ATF from going after FFLs who release after 8 days without a NICS number?

    shouldn't that go back to the MSP for not doing there job?? FFL's tried to do this but the MSP stopped them therefore creating the problem, and intentionally I might add. The MSP should be open to law suits in the event of something bad happening, not the FFL. The MSP is acting irresponsible in this situation.
     

    ED O

    Active Member
    May 18, 2013
    249
    Lusby
    well if you ask me this was a waste of time and money, it didn't do anything to help. the dealers that are waiting on paperwork are still going to wait.
     

    lennyk

    Active Member
    Jan 11, 2013
    362
    Woodbine
    The lawsuit achieved and formally made the MSP and attorney general acknowledge the law as it is already written. The informed already knew that the 8th day release was legal (right or wrong is another discussion). Did the lawsuit reduce the backlog? Did the lawsuit accelerate the processing time of MSP (35 applications/day - read that somewhere)? Did the lawsuit change the POC for NICS to the FFLs? Guys, nothing really changed. Those that have firearms in the "definite no" release dealers, well guess what, they are not coming home tonight.
     

    PJDiesel

    Banned
    BANNED!!!
    Dec 18, 2011
    17,603
    well if you ask me this was a waste of time and money, it didn't do anything to help. the dealers that are waiting on paperwork are still going to wait.

    Agreed.

    The MSP probably a good laugh about it anyway. The most annoying part (as with most of the GA session) is that now the powers that be are touting this a a "win". Seems like a huge waste of resources, time and energy.

    I don't get it. :tdown:
     
    Oct 21, 2008
    9,273
    St Mary's
    The lawsuit achieved and formally made the MSP and attorney general acknowledge the law as it is already written. The informed already knew that the 8th day release was legal (right or wrong is another discussion). Did the lawsuit reduce the backlog? Did the law suit accelerate the processing time of MSP (35 applications/day - read that somewhere)? Did the lawsuit change the POC for NICS to the FFLs? Guys, nothing really changed. Those that have firearms in the "definite no" release dealers, well guess what, they are not coming home tonight.

    As much as I'd love to say you are wrong....You're not. I know at least two dealers, who still won't release until MSP comes back with an ND and that doesn't change until MSP get's off their butt and processes some paperwork.
     

    Haides

    Ultimate Member
    Oct 12, 2012
    3,784
    Glen Burnie
    And maybe sue to allow ffls to do a nics check after the 7 days.

    The msp is out of it my their own policy....

    This, seriously. I'm sure even the anti-gun idiots would get all riled up if you tell them "people in Maryland are getting guns without background checks! :omg:" right now.

    We should be making a bigger deal about this. Call it a public safety issue (whether it really is or isn't is irrelevant); use their own BS against them.
     

    scottp999

    Active Member
    Feb 11, 2008
    222
    Seems a little too early to celebrate anything. If a MD resident has to wait 90-100 days+ to bring home a regulated firearm, then this accomplished nothing. Stop the congrats and patting on the back until the actual actions change.
     

    MDFF2008

    Ultimate Member
    Aug 12, 2008
    24,774
    Capitalism should deal with the dealers who won't release

    Sent from my EVO using Tapatalk 2
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,123
    Anyone heard anything about the "30 day wait"? Ive been told MSP says u have to wait 30 days after the entire process of buying a regulated firearm.. It would be terrible if someone got their gun (after 7days) and waited 3 months to buy again then years later someone comes to arrest them and take all their guns because they hadnt waited 30days passed the time the actual paperwork was approved by msp

    30 days is to receive a regulated firearm. you can buy regulated firearms a day apart, once you receive the first one, you have to wait 30 days to receive the second one.
     

    l730dc

    Active Member
    Mar 6, 2013
    905
    Kent Island, MD
    30 days is to receive a regulated firearm. you can buy regulated firearms a day apart, once you receive the first one, you have to wait 30 days to receive the second one.

    I feel like the law doesnt say possession. . It says purchase.. and ive heard msp considers that the entire purchase process.. It seems it can be interpretated different ways
     

    Ab_Normal

    Ab_member
    Feb 2, 2010
    8,613
    Carroll County
    Agreed.

    The MSP probably a good laugh about it anyway. The most annoying part (as with most of the GA session) is that now the powers that be are touting this a a "win". Seems like a huge waste of resources, time and energy.

    I don't get it. :tdown:

    And after getting PM's to stop being so outspoken because people are working on it behind the scenes, this is what we get.:sad20:
     

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