Maryland - 8 day release

Discussion in 'Legal and Activism' started by Yunus, Sep 7, 2013.

  1. Yunus

    Yunus New Member

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    In Maryland it's being called "8 day release" and it's a result of a complete failure of the democratic state government and governor who increased the strength of the law and in doing so reduced the safety checks in place for people purchasing firearms.

    The way the process is supposed to work
    1)Purchase gun from FFL or have it transferred to FFL
    2)Submit State and Federal paperwork
    3)Wait up to 7 days for Maryland State Police(MSP) to return state paperwork as denied or not denied (they never approve!) with federal NICS number returned from MSP as well to FFL.
    4)Assuming you were not denied and NICS had no problem then you can pickup your gun by day 8

    The way the process is working in reality
    1)Purchase gun from FFL or have it transferred to FFL
    2)Submit State and Federal paperwork
    3)Wait 8 days for MSP to NOT return the paperwork (current estimate is 4+ month wait)
    4)Day 8 pickup your gun assuming the dealer wants to let you have it, no paperwork has been returned by MSP. Dealer has no idea if you are a felon or have other valid reasons to deny you the purchase because they can't submit to the NICS system for this purchase and MSP won't say anything.

    This only applies to handguns and regulated long guns (AR's, AK's, etc)

    Eventually the MSP will return paperwork to the FFL with the NICS check having been done but not before people get their guns. Most people think this is great because us law abiding gun owners can get our guns faster but what about those felons who want to buy a gun, all they need to do is submit some paperwork, wait 8 days and then get handed a gun of their choice. Sure at some point months later the police will deny the transaction and then the FFL will say the gun has been released and the MSP will have to go get that gun back, I'm sure the felon will happily just hand it over.


    I actually support the NICS check because it's a very quick and efficient system for the most part, in the democrats efforts to make guns illegal they have effectively bypassed the NICS and any other safe guards in place to stop those who shouldn't get guns from doing so.


    Don't even get me started about how AR-15's are banned from purchase after Oct1, but AR-10's are still allowed!! That makes perfect sense. SBR AR-15's are ok too!
     
  2. Mason609

    Mason609 Active Member

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    Well, at least we have proof that the politicians are stupid.
     

  3. JosephMD

    JosephMD New Member

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    8th day?

    Yesterday, I finally picked up a handgun that the dealer kept for 118 days. 118 days, are you serious? Some dealers support Martin O'Malley's anti gun ways, and some don't. I will never spend another cent in this guy's store.

    While waiting for that purchase to be completed I bought several other regulated firearms at other stores that actually know that the law says that they may release on the 8th day.
     
  4. boatme98

    boatme98 New Member

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    Have you gone to Maryland's state forum and posted the offending shops name?
    Take as much business away from him as you can.
    Of course, he may make his primary income from selling to Leo's, and not even care about the civilian market. There are quite a few dealers in Md. set up like that, especially around the larger cities like B'more and SS.
     
  5. Yunus

    Yunus New Member

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    I had only heard of one dealer that would do the 8 day release earlier than last week.

    The MSP had a forum for FFL's to attend regarding the new laws taking effect in October and the ATF had a seminar there that covered how to do the federal paperwork if Maryland refused. Now that that seminar has taken place hundreds of dealers are doing the 8 day release.

    MDshooters has a thread with which dealers are/are not doing the 8 day release. Most seem to be doing it now. I know the guy I go to has been saying for a long time he believes the 8 day release was legal but didn't want the ATF to come knocking on his door for not properly filling out the federal paperwork, as soon as the ATF told him how he started doing it and now he's releasing like crazy.
     
  6. JosephMD

    JosephMD New Member

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    Most have some sort of policy, but many of the most have some weird restrictions, like, a previous not disapproved at their shop (which I had at the shop I buy from, but they were strict about waiting for the Maryland State Police to return their paperwork).

    The 8th day release thing picked up steam back in May or June, which is when the waits were really getting ridiculous, 60+ days. A couple of FFLs had their attorneys look at the law and realized that what the law says and what the State Police would tell them were different. It got even better when a lawsuit was settled that forced the State Police to issue a letter that said that it was legal for the customer to pick up their firearm on the 8th day (go figure, the MSP had to say that following the law was legal). Still some shops would not release, deciding to be willing participants in the Governor's desire to "dry up the supply of (so called) assault weapons".
     
  7. JosephMD

    JosephMD New Member

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    Naming and shaming would break the rules here I think, but here is a list of dealers separated by their release policies.

    https://docs.google.com/spreadsheet/ccc?key=0AmvWDPHXUFiidGhOYk1MbEJMYTJTRVdGaXBNX0lQUVE#gid=2

    The ATF thing was a concern, but it is essentially the same rules if you didn't get a response from the NICS in 3 days, it is legal to release. Since Maryland rules are more strict than ATF, Maryland rules apply, allowing for release on the 8th day.

    I figured when Bass Pro started releasing, everybody would, I'm sure Bass Pro had some serious legal analysis done on both federal and state law, as well as liability. But that wasn't the case. I just think some dealers are antis too, sounds crazy, but then again, they set up shop in Maryland ;).
     
  8. c3shooter

    c3shooter Administrator Staff Member

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    Virginia, which does its own state unique background check (and not NCIS) usually takes 5 minutes. Not 60 days.

    If for whatever reason you still have a "delayed" at 3 days, dealer may release firearm.
     
  9. Yunus

    Yunus New Member

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    C3, your an FFL right? You would be able to answer my question with some authority I believe.

    In VA what number do you put in the block of the 4473 for block 21B (NICS number, if provided). In MD it's also done through the state and the state doesn't provide it's number until they come back with their results. My dealer(s) were saying that they were afraid the ATF would shut them down for leaving it blank. Are there any circumstances where VA would refuse to give you a number for that block and would/do you ever release a firearm without that block filled out?

    /I understand if you prefer not to discuss in this level of detail on an open forum.
     
  10. Warrior1256

    Warrior1256 New Member

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    Yeah, even though there wasn't much doubt to begin with.
     
  11. Mason609

    Mason609 Active Member

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    Not much doubt for us, but I'm guessing (well, hoping) those that are indifferent about firearms ownership will see it now, too.
     
  12. unclebear

    unclebear New Member

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    favorite quote from tremmors 3 (to the gov) "Do what you do best, take something simple and complicate it!"

    It's true really the system we have works for what it is you go pick out a gun fill out the use to be standard form, they call it in, and you either get a go or no go you pay your money and usually walk out with your gun the same day.