Willing Attorneys?
- Thread starter Trigger Time
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jaycee2004
Active Member
A release must be signed before you meet in person.
Is that Mileena from Mortal Kombat?
Imkeenstranger
Guest
Wojo
What's that Smell
Seems well adjusted with the "simple question" bit... Maybe this is what he was talking about...http://www.mdshooters.com/showpost.php?p=2232546&postcount=16
I'm an attorney, but not your attorney (my disclaimer).
Non-Legal Advice: If you sue the FFL for the extended wait times you won't likely survive a motion to dismiss (the FFL is following the law, no court would hold him or her liable for following the law). Besides, do you really want to drag your FFL into a lawsuit? If this happens enough times there won't be any FFLs left in Maryland (sue someone enough times and they'll go out of business). Now the MSP is a different story. However, you never really said what you want to sue them for. Do you want money or an injunction? Were you denied a purchase? A vague question will get a vague response.
Also, for the love of God, don't ask "can I do ________?" I always tell my clients, "you can do whatever the hell you want, whether or not you go to jail or get sued is a different story."
Non-Legal Advice: If you sue the FFL for the extended wait times you won't likely survive a motion to dismiss (the FFL is following the law, no court would hold him or her liable for following the law). Besides, do you really want to drag your FFL into a lawsuit? If this happens enough times there won't be any FFLs left in Maryland (sue someone enough times and they'll go out of business). Now the MSP is a different story. However, you never really said what you want to sue them for. Do you want money or an injunction? Were you denied a purchase? A vague question will get a vague response.
Also, for the love of God, don't ask "can I do ________?" I always tell my clients, "you can do whatever the hell you want, whether or not you go to jail or get sued is a different story."
http://www.mdshooters.com/showpost.php?p=2232546&postcount=16
Well, THAT'S encouraging
newq
101st Poptart Assault BSB
Perhaps the OP went about asking a vague question in a obscure manor but, I cant say I blame him for his feelings.
I do feel my 2a right is being infringed as well with extended wait times.
The MSP's problems are really none of my concern, nor do I accept their pleas of I'm busy as a valid excuse. If I cannot claim that I was too busy to follow the law NEITHER CAN THEY.
Where I see him blaming the FFL is that the FFL refuses to release a firearm after the 7 day wait has long passed. I know there is conflicting federal law that states to the contrary. However the courts may observe the current md law stating if no word is recieved back after 7 business days as a automatic "not disapproved" qualifying the the purchase as a "not disapproved" . The honus truely is on the FFL to make a choice, release the weapon within the designated time frame or risk having a disapproval slip through because they cannot handle the work load.
If I were the FFL I would feel stuck between a rock and a hard place and truthfully I would risk a unhappy customer in lieu of losing my lively hood and freedom.
For the record, did the MSP ask FFLs not to release firearms after 7 days due to backlogs? In this case the MSP really does hold all the cards.
If you are an FFL your livelyhood depends on the MSP willing to work with you. It is a necessary beuracratic evil. Name on FFL that you have known that would rather have you do a background check rather than hand you your piece and send you on your way . Not one. Why would anyone ask for the legal nightmare that is maryland gun ownership transfers.
I do feel my 2a right is being infringed as well with extended wait times.
The MSP's problems are really none of my concern, nor do I accept their pleas of I'm busy as a valid excuse. If I cannot claim that I was too busy to follow the law NEITHER CAN THEY.
Where I see him blaming the FFL is that the FFL refuses to release a firearm after the 7 day wait has long passed. I know there is conflicting federal law that states to the contrary. However the courts may observe the current md law stating if no word is recieved back after 7 business days as a automatic "not disapproved" qualifying the the purchase as a "not disapproved" . The honus truely is on the FFL to make a choice, release the weapon within the designated time frame or risk having a disapproval slip through because they cannot handle the work load.
If I were the FFL I would feel stuck between a rock and a hard place and truthfully I would risk a unhappy customer in lieu of losing my lively hood and freedom.
For the record, did the MSP ask FFLs not to release firearms after 7 days due to backlogs? In this case the MSP really does hold all the cards.
If you are an FFL your livelyhood depends on the MSP willing to work with you. It is a necessary beuracratic evil. Name on FFL that you have known that would rather have you do a background check rather than hand you your piece and send you on your way . Not one. Why would anyone ask for the legal nightmare that is maryland gun ownership transfers.
drking2
Ultimate Member
Notice the post count
Perhaps even more important... notice the join date
newq
101st Poptart Assault BSB
zmayhem
Active Member
- Feb 2, 2012
- 951
4095fanatic
Paramagic
- Dec 3, 2010
- 1,036
Even the new guy with a post count of 3 is jumping on the bandwagon lol
Wojo
What's that Smell
But his join date is 2011
zmayhem
Active Member
- Feb 2, 2012
- 951
The whole idea of his post is already another thread on here.
http://www.mdshooters.com/showthread.php?t=110538
http://www.mdshooters.com/showthread.php?t=110538
Wojo
What's that Smell
There are too many threads on wait time and suing over the wait time IMHO!
Where are these guys coming from?
HKB
Ultimate Member
I like turtles
newq
101st Poptart Assault BSB
To be honest I have been here awhile. Just started posting recently. First time I went into 2a sales they directed me here. I have been a shooter all my life just most of my life has not been lived in MD and I have no idea why I was convinced to live here.
Va was much kinder to my rights. little did I know that with my first rifle some 25 years ago that I would later in life see those rights in danger. Back then I joined the NRA because I enjoyed shooting targets. I remember complaining that my local kmart charged $8.50 for a box of 20 30-06 shells. Now I depend on the NRA and gun advocacy groups and civic organizations to help protect my rights and hope I can find a box of ammo period. My how times change.
Besides from where I sit looks like you guys could use all the help you can get in the effort.
Va was much kinder to my rights. little did I know that with my first rifle some 25 years ago that I would later in life see those rights in danger. Back then I joined the NRA because I enjoyed shooting targets. I remember complaining that my local kmart charged $8.50 for a box of 20 30-06 shells. Now I depend on the NRA and gun advocacy groups and civic organizations to help protect my rights and hope I can find a box of ammo period. My how times change.
Besides from where I sit looks like you guys could use all the help you can get in the effort.
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