Maryland 7 day wait, FFL's and NICS.

[Kingjamez]

I've been reading up on the law regarding MD's 7 day wait. As I understand it an individual may transfer legally a regulated firearm after 7 days if he has not heard a "disapproved" from MSP. However, in reading the forums, it is understood that a FFL can not due to the MSP providing the NICS confirmation number.

Is that the only reason a FFL cannot release on the 8th day? If so, what is to stop the FFL from calling NICS independently?

I have motive behind the question, as I just did paperwork on a spikes lower that I'm worried will be outlawed before the MSP confirms that I'm an upstanding citizen.

-Jim

 

[Pingman326]

I have been waiting for 7 weeks now for an approval from NICS for a shotgun purchase. I guess this is their new strategy.

 

[eddiek2000]

I've been reading up on the law regarding MD's 7 day wait. As I understand it an individual may transfer legally a regulated firearm after 7 days if he has not heard a "disapproved" from MSP. However, in reading the forums, it is understood that a FFL can not due to the MSP providing the NICS confirmation number.

Is that the only reason a FFL cannot release on the 8th day? If so, what is to stop the FFL from calling NICS independently?

I have motive behind the question, as I just did paperwork on a spikes lower that I'm worried will be outlawed before the MSP confirms that I'm an upstanding citizen.

-Jim

MSP has anointed themselves as sole contact for regulated firearms. FFLs will not get a response from NICS for MD regulated transfers.

 

[madchestermonkey]

I have been waiting for 7 weeks now for an approval from NICS for a shotgun purchase. I guess this is their new strategy.

I could be wring but I believe that after 30 days you have to reapply for approval, Were you delayed? I would get hold of your FFL and have them follow up for you.

 

[Kingjamez]

MSP has anointed themselves as sole contact for regulated firearms. FFLs will not get a response from NICS for MD regulated transfers.

NICS doesn't know or care if you are calling them about a regulated or non-regulated firearm. You tell NICS " Handgun, Longgun, or , Other" when identifying what kind of gun it is.

-Jim

 

[Echo]

I have been waiting for 7 weeks now for an approval from NICS for a shotgun purchase. I guess this is their new strategy.

I could be wring but I believe that after 30 days you have to reapply for approval, Were you delayed? I would get hold of your FFL and have them follow up for you.

Yea, the NICS check is only for 30 days.

Brady Law - AFT.gov

Q: Is a NICS check valid for 30 days from when the check was initiated, or from when a “proceed” is issued?
The NICS check is valid for 30 days from when the check was initiated.

Example: A NICS check is initiated on December 15, 2004. The FFL receives a “proceed” response from NICS on December 17, 2004. The purchaser does not return to pick up the firearm until January 16, 2005. The FFL must conduct another NICS check before transferring the firearm to the purchaser.

Example: A NICS check is initiated on December 15, 2004. The FFL receives a “delayed” response from NICS; no further response is received. The purchaser does not return to pick up the firearm until January 16, 2005. The FFL must conduct another NICS check before transferring the firearm to the purchaser.

[27 CFR 478.124(c)]

 

[INMY01TA]

I have been waiting for 7 weeks now for an approval from NICS for a shotgun purchase. I guess this is their new strategy.

go to a different shop and start over. I bought two long guns this week. Cash and carry, no delay.

 

[Boom Boom]

NICS doesn't know or care if you are calling them about a regulated or non-regulated firearm. You tell NICS " Handgun, Longgun, or , Other" when identifying what kind of gun it is.

-Jim

Incorrect. Get an 01 FFL in MD and try it.

 

[Kingjamez]

Incorrect. Get an 01 FFL in MD and try it.

Interesting, can someone point me to the law on this matter?

What does NICS say?

-Jim

 

[Boom Boom]

Third paragraph down at the following link. MSP is the designated POC for MD, since MSP does additional background checks.
https://www.fbi.gov/about-us/cjis/nics/poc

MD law classifies all regulated guns as handguns, including any long guns that MD regulates.

 

[Kingjamez]

Third paragraph down at the following link. MSP is the designated POC for MD, since MSP does additional background checks.
https://www.fbi.gov/about-us/cjis/nics/poc

MD law classifies all regulated guns as handguns, including any long guns that MD regulates.

Well, that answers the question! Thanks!


-Jim

 

[Pingman326]

I purchased the shotgun from Dicks and I had to "re-apply" with them after 30 days because of their store policy. It's going on a total of (7) weeks now and they still have not received a reply from NICS. I'm going to keep re-applying until I get an answer one way or another.

 

[erwos]

Well, that answers the question! Thanks!

Not really, because the federal definition of a handgun is not the same as Maryland's. The irony here is that the document you linked to proves the point I'm about to make.

You absolutely can get a NICS check on a regulated long gun. How many times have we heard about someone accidentally being sold a regulated long gun in a different state? Yes, kids, an FFL01 can call NICS and get a check on a regulated long gun, but NICS will refuse to perform a NICS check on a pistol.

I still don't understand why, in the case of regulated long guns, FFLs can't just call NICS and do the transfer after the allotted time (by law!) has expired for the MSP to respond. The only reason I can see is ass-covering, which is understandable, but annoying.

 

[Dan_Br]

Third paragraph down at the following link. MSP is the designated POC for MD, since MSP does additional background checks.
https://www.fbi.gov/about-us/cjis/nics/poc

MD law classifies all regulated guns as handguns, including any long guns that MD regulates.

what shotguns are regulated?
Can youpoint me to a list of md regulated guns?
thanks
Dan

 

[Ab_Normal]

what shotguns are regulated?
Can youpoint me to a list of md regulated guns?
thanks
Dan

Mossberg bullpup I believe is the only shotgun on the regulated list.

Maybe the street sweeper/stryker et.al. Let me look for it.

Welcome.

 

[Dan_Br]

Mossberg bullpup I believe is the only shotgun on the regulated list.

Maybe the street sweeper/stryker et.al. Let me look for it.

Welcome.

Thanks,
Dan
PM sent

 

[Ab_Normal]

Thanks,
Dan
PM sent

More than I remember.

Maryland Public Safety Article
§ 5-101(p) Assault weapon.- "Assault weapon" means any of the following specific
firearms or their copies regardless of which company produced and manufactured that
firearm:
( 1 ) American Arms Spectre da Semiautomatic carbine
( 2 ) AK-47 in all forms
( 3 ) Algimec AGM-1 type semi-auto
( 4 ) AR 100 type semi-auto
( 5 ) AR 180 type semi-auto
( 6 ) Argentine L.S.R. semi-auto
( 7 ) Australian Automatic Arms SAR type semi-auto
( 8 ) Auto-Ordnance Thompson M1 and 1927 semi-automatics
( 9 ) Barrett light .50 cal. semi-auto
(10) Beretta AR70 type semi-auto
(11) Bushmaster semi-auto rifle
(12) Calico models M-100 and M-900
(13) CIS SR 88 type semi-auto
(14) Claridge HI TEC C-9 carbines
(15) Colt AR-15, CAR-15, and all imitations except Colt AR-15 Sporter H-BAR rifle
(16) Daewoo MAX 1 and MAX 2, aka AR 100, 110C, K-1, and K-2
(17) Dragunov Chinese made semi-auto
(18) Famas semi-auto (.223 caliber)
(19) Feather AT-9 semi-auto
(20) FN LAR and FN FAL assault rifle
(21) FNC semi-auto type carbine
(22) F.I.E./Franchi LAW 12 and SPAS 12 assault shotgun
(23) Steyr-AUG-SA semi-auto
(24) Galil models AR and ARM semi-auto
(25) Heckler and KOCH HK-91 A3, HK-93 A2, HK-94 A2 and A3
(26) Holmes model 88 shotgun
(27) Avtomat Kalashnikov semiautomatic rifle in any format
(28) Manchester Arms "Commando" MK-45, MK-9
(29) Mandell TAC-1 semi-auto carbine
(30) Mossberg model 500 Bullpup assault shotgun
(31) Sterling Mark 6 (32) P.A.W.S. carbine
(33) Ruger mini-14 folding stock model (.223 caliber)
(34) SIG 550/551 assault rifle (.223 caliber)
(35) SKS with detachable magazine
(36) AP-74 Commando type semi-auto
(37) Springfield Armory BM-59, SAR-48, G3, SAR-3, M-21 sniper rifle, M1A, excluding
the M1 Garand
(38) Street sweeper assault type shotgun
(39) Striker 12 assault shotgun in all formats
(40) Unique F11 semi-auto type
(41) Daewoo USAS 12 semi-auto shotgun
(42) UZI 9mm carbine or rifle
(43) Valmet M-76 and M-78 semi-auto
(44) Weaver Arms "Nighthawk" semi-auto carbine or
(45) Wilkinson Arms 9mm semi-auto "Terry".

 

[Kingjamez]

Not really, because the federal definition of a handgun is not the same as Maryland's. The irony here is that the document you linked to proves the point I'm about to make.

You absolutely can get a NICS check on a regulated long gun. How many times have we heard about someone accidentally being sold a regulated long gun in a different state? Yes, kids, an FFL01 can call NICS and get a check on a regulated long gun, but NICS will refuse to perform a NICS check on a pistol.

I still don't understand why, in the case of regulated long guns, FFLs can't just call NICS and do the transfer after the allotted time (by law!) has expired for the MSP to respond. The only reason I can see is ass-covering, which is understandable, but annoying.

Very interesting. I too would love to hear an FFL's perspective on this. Surely this has come up before. Today is my 7th day on my Spikes lower from the group buy, don't think I'll be picking it up any time soon though.

-Jim

 

[Boom Boom]

Very interesting. I too would love to hear an FFL's perspective on this. Surely this has come up before. Today is my 7th day on my Spikes lower from the group buy, don't think I'll be picking it up any time soon though.

-Jim

You're looking at 20+ days right now because MSP is swamped. Regarding the FFL, if a MD FFL violates firearms law (like releasing regulated guns early with no NICS number), then they are subject to loss of license, raid, arrest, and prosecution. Folks in Annapolis love to make public examples out of FFLs who break firearms law. A zealous prosecutor might also direct LEOs to confiscate guns received early from their buyers. It's not something you ever want to get entangled in.

 

[Dave]

this has been discussed ad nauseum in recent weeks, so feel free to search for it. Can a MD FFL legally release a regulated item on the 8th day w/o hearing back or having the NICS number? Yes. Will many FFLs actually do it, no. it's simply not worth it.