SB 728 - Public Safety - Licensed Firearms Dealers- Background Checks

[ShallNotInfringe]

Public Safety – Licensed Firearms Dealers – Background Checks

FOR the purpose of authorizing, before a certain date, a certain licensed firearm dealer to conditionally sell, rent, or transfer a firearm to a firearm applicant under certain circumstances; prohibiting the licensee from selling, renting, or transferring the firearm under certain circumstances; requiring the licensee to make certain notifications under certain circumstances; authorizing a law enforcement agency to confiscate a certain firearm under certain circumstances; providing for the termination of this Act; and generally relating to licensed firearm dealers.

Bill text is here: http://mgaleg.maryland.gov/2014RS/bills/sb/sb0728f.pdf

A few things about this bill bother me:
- use of the term "conditional" - current law states that the Secretary of Police has 7 days to DISAPPROVE a regulated purchase. Reference: Maryland Code, Public Safety 5-122

This bill introduces the notion of a "conditional" release until... See next item

There is a "waiting period" in place that coincides with this timeframe.

This also creates a limbo state for a purchase. The state had their 7 days to DISAPPROVE.

- use of the term "approve" as in " On receipt of notice that the Secretary has approved the application..." and throughout the bill.

Through the background check process, the state may find a condition that prevents a person from receiving the firearm, thereby creating a DISAPPROVE condition. Having the state APPROVE a purchase is a misnomer, they in fact may NOT DISAPPROVE it based on not finding any cause to prevent the transfer.

Hearing for this is on the Senate Gun Bill Day agenda 2/26... http://www.mdshooters.com/showthread.php?t=144312

 

[Mr H]

Looks like the intent of this is to turn MD into a Point-of-Sale approval state, and do away with the 77R.

The MSP is still involved for anything other than a "proceed", and would still do their 17million-point background check. But, the timeframes there seem fuzzy.

But, it doesn't do anything about the HQL, and notice that it's only a 2-year change to the law. HUH???

 

[Lou45]

The phrases "certain circumstances" and "certain notifications" need to be defined as to "EXACTLY" what they are. If it's defined in the bill itself (link), I didn't open it.

 

[Mr H]

the description to any bill has that babble in it

but, sad to say, even in the text it's not particularly descriptive

 

[Vile Shadow]

Could the two year provision be simply to help get it to pass, so later our side can say "see, this is how normal states do it, and nothing happened"?

 

[Mr H]

That's what I'm hoping.

 

[dblas]

It is a pseudo half step to Point of sale status. What this bill attempts, is to provide the ability of the FFL to contact NICS at the end of the 7 days, in the event that MSP gets backlogged.

This is a measured response to the the news about the 50+ firearms (out of How many?) that had to be chased down by MSP after they were released on the 8th day before MSP review was complete.

Personally, I prefer HB 818, which would make MD a true Point of Sale State.