Handgun background checks...

Tilted

Tilted

..
StadEMS3 said:
The check should be good for a minimum of 1 year, 3 at best. It's BS that each time you buy a "regulated" firearm you got to go through this check.

I'm a federal agent with very high clearences, retired military that had a Yankee White and still have to go through this waiting game. I do have an NCIC system in my office and can run my own background check in 30 seconds. Maybe if I print it out and show it to them I can go to the head of the line? :whistle:

I do think they should have an express lane for certain credentialed people though. :shrug:
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I agree, it should be for all of the 'credentialed' people specifically referred to in the Constitution as having special rights. To wit, the "people" mentioned in the Second Amendment and the "citizens of the United States" mentioned in the second sentence of the Fourteenth Amendment. Those special people, and only those special people, should enjoy the benefit of their special status, which is to say that various governments shouldn't presume the authority to decide whether they're allowed to acquire a firearm, under what conditions they're allowed to acquire a firearm, when they're allowed to acquire a firearm, or what firearm they're allowed to acquire.
 
itsbob

itsbob

I bowl overhand
StadEMS3 said:
Geez... when I bought my hand gun last October it took 7 days to get approved. This is ridiculous, there has got to be some kinda political BS going on besides just the shear amount of applications. I was thinking about buying another handgun but I don't know if I want to spend several hundred dollars for it to sit at an FFL.

My outta state friend laughed and told me it would be quicker to move out of MD, buy a house, buy a gun, get it approved, sell the house and move back to MD (you're a dumb a$$ to move back!).
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Just get a PO Box, and a driver's license.
 
Ken King

Ken King

A little rusty but not crusty
PREMO Member
Tilted said:
In all seriousness though, I ask for insight from anyone that might be able to offer it. I've read the relevant portions of Maryland's Public Safety Article. It's pretty clear, a licensee has to wait 7 days (after submitting an application) before releasing a regulated firearm to the customer. I can find nothing in the law that suggest they would be doing something wrong by releasing it after that 7 days is up - nothing about it being their responsibility to recover it if the application later comes back disapproved (which I'm aware that the MSP has suggested to a particular seller that they would have to do). In fact, it would be a violation of the law for the MSP to return an application as disapproved after the 7 day time limit. The law doesn't provide any punishment for that violation, as far as I noticed, but it does say that if the MSP (i.e. "the Secretary") disapproves an application, it has to notify the licensee within 7 days of the application being submitted.

Now I get that there's the law on the one hand and there's the reality of what the MSP can get away with on the other. I'm aware that those things may not align as well as they should. There's also the law on the one hand and, on the other, the real world in which a licensee may fear some kind of liability even though they fully complied with the law and where they may fear drawing the ire of the MSP for, again, complying with the law but not accommodating the MSP's own failure to comply with the law (i.e by releasing a regulated firearm after 7 days but before the MSP returns a disapproved application.

So, here are my questions. Am I reading the law wrong? Is the MSP not required by the law to return a disapproval within 7 days? And if I'm not wrong on that point, is there any legal authority that justifies their untimely return of disapproved applications or supports the suggestion that licensees are doing something wrong or taking a risk in releasing regulated firearms after 7 days? Now that I've thought about it a little more, though I understand the position that licensees find themselves in, I think I would refuse to do business with any that indicated they wouldn't release a firearm to me after 7 days. Not that they'd care all that much, they have larger concerns.
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Don't know if this is insight or not, but as the MSP is the approval agency for Regulated Firearms Dealer licenses and renewals would you, if you were a dealer, risk having your renewal delayed or denied because you followed the letter of the law instead of waiting for the MSP decision on a still under review purchase approval?
 
mamatutu

mamatutu

mama to two
I am just glad that my husband bought additional weapons last Sept. before the election because he saw the writing on the wall. No wait, no muss, no fuss. I get angry when I read about the wait that other forumites are going through, just to protect themselves, or just to have for hunting or recreation. It just isn't right, but I don't have to say that; there has been plenty of discussion here on the attempt to sabotage the 2nd Amendment. I hope all that are waiting, soon get the weapons that they are still awaiting. :patriot:
 
ZARA

ZARA

Registered User
StadEMS3 said:
The check should be good for a minimum of 1 year, 3 at best. It's BS that each time you buy a "regulated" firearm you got to go through this check.

I'm a federal agent with very high clearences, retired military that had a Yankee White and still have to go through this waiting game. I do have an NCIC system in my office and can run my own background check in 30 seconds. Maybe if I print it out and show it to them I can go to the head of the line? :whistle:

I do think they should have an express lane for certain credentialed people though. :shrug:
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I agree. I don't understand why someone that has Gov't Security Clearance and is cleared through the ATF to handle ordinance and explosives should have to wait 3 months for a background check on a damn handgun. I can guarantee the back ground checks for the Clearance and the explosives were a hell of a lot more in-depth than the one for the handgun.
 
smilin

smilin

BOXER NATION
Being cynical here, but a thought. It's been such a long time that I don't remember how I paid for the background check, however:

"The Maryland State Police Licensing Division is dedicated to keeping our Regulated Firearms Dealers better informed regarding the progress being made with respect to the processing of the 54,108 Maryland State Police Application and Affidavit to Purchase a Regulated Firearm forms."

Maryland State Police > Organization > Support Services Bureau > Licensing Division

I believe the not so Free State has found a new profit center!
One of my other license fee has doubled in price in two years...

Now, where is my approved application?
:coffee:
 
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bulldog

bulldog

New Member
sockgirl77 said:
Day 80. :frown:
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ABSOLUTELY nothing official, but there is some chatter elsewhere that MSP notified MLFDA (MD licenced firearms dealers association) yesterday that they could start releasing on the 8th day.

1. Not sure if true
2. Not sure if all dealers are members of MLFDA
3. If true, not sure if MLFDA has gotten this information to members yet
4. Hope it's true
 
Chris0nllyn

Chris0nllyn

Well-Known Member
bulldog said:
ABSOLUTELY nothing official, but there is some chatter elsewhere that MSP notified MLFDA (MD licenced firearms dealers association) yesterday that they could start releasing on the 8th day.

1. Not sure if true
2. Not sure if all dealers are members of MLFDA
3. If true, not sure if MLFDA has gotten this information to members yet
4. Hope it's true
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I believe a few FFLs are releasing on day 8.
 
sockgirl77

sockgirl77

Well-Known Member
bulldog said:
ABSOLUTELY nothing official, but there is some chatter elsewhere that MSP notified MLFDA (MD licenced firearms dealers association) yesterday that they could start releasing on the 8th day.

1. Not sure if true
2. Not sure if all dealers are members of MLFDA
3. If true, not sure if MLFDA has gotten this information to members yet
4. Hope it's true
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They've always had the option to release on the 8th day, they just haven't done it. :lol:
 
ZARA

ZARA

Registered User
bulldog said:
ABSOLUTELY nothing official, but there is some chatter elsewhere that MSP notified MLFDA (MD licenced firearms dealers association) yesterday that they could start releasing on the 8th day.

1. Not sure if true
2. Not sure if all dealers are members of MLFDA
3. If true, not sure if MLFDA has gotten this information to members yet
4. Hope it's true
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Yes, FFL can release on the 8th day BUT they are responsible for getting the gun back if the app is "Not Approved." At least that's the discussion I had with one of the guys at Bait and Tackle when I was there last month (maybe month before?)
 
bulldog

bulldog

New Member
Chris0nllyn said:
I believe a few FFLs are releasing on day 8.
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Yes, a few have been, but many have not due to the fear or getting shat on by MSP. If this action is true, it relieves them of that fear and hopefully more, or better yet all, will be willing to no release on day 8.

sockgirl77 said:
They've always had the option to release on the 8th day, they just haven't done it. :lol:
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See above.

ZARA said:
Yes, FFL can release on the 8th day BUT they are responsible for getting the gun back if the app is "Not Approved." At least that's the discussion I had with one of the guys at Bait and Tackle when I was there last month (maybe month before?)
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I call :BS: on the FFL being told that they would have to get the bun back. MSP has known all along that FFLs could release guns on day 8 and if, through their (MSP) inability to process applications as required, someone received a gun and then came back as not approved, MSP would have to retrieve that gun, IMO.
 
ZARA

ZARA

Registered User
bulldog said:
I call :BS: on the FFL being told that they would have to get the bun back. MSP has known all along that FFLs could release guns on day 8 and if, through their (MSP) inability to process applications as required, someone received a gun and then came back as not approved, MSP would have to retrieve that gun, IMO.
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:shrug: No clue, just repeating what I was told.
 
C

czygvtwkr

Guest
bulldog said:
Yes, a few have been, but many have not due to the fear or getting shat on by MSP. If this action is true, it relieves them of that fear and hopefully more, or better yet all, will be willing to no release on day 8.

See above.

I call :BS: on the FFL being told that they would have to get the bun back. MSP has known all along that FFLs could release guns on day 8 and if, through their (MSP) inability to process applications as required, someone received a gun and then came back as not approved, MSP would have to retrieve that gun, IMO.
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Not sure why I understand, but why does an out of state FFL care?
 
Chris0nllyn

Chris0nllyn

Well-Known Member
sockgirl77 said:
Day 81. :coffee:
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Out of curiosity, did you put your SSN on the application?

A few other who have gone to "further review for common name" have not been putting their SSN on the application.

If it makes you feel better, these are the databases they have to search....if you pass this to get a gun, you can rest assured your record is clean.

Department of Mental Health and Hygene (DHMH)

National Instant Check System (NICS) - Pursuant to Federal law, NICS will only be queried for dealer sales of regulated firearms

National Crime Information Center (NCIC) Interstate Identification Index

NCIC Protection Order File

NCIC warrant check

NCIC stolen firearm check

Maryland Interagency Law Enforcement System (MILES) Civil Warrant/Order File

Maryland Criminal Justice Information System (CJIS) - Identification Index System

Maryland Computerized Criminal History (CCH) On-Line

Maryland Motor Vehicle Administration (MVA)

Maryland Automated Firearms Services System (MAFSS)

Judicial Information System District Court of Maryland Civil System Inquiry and Update Menu

Judicial Information System District Court of Maryland Criminal System Inquiry

Judicial Information System District Court of Maryland Warrant System Menu

Maryland Division of Department of Parole and Probation

Maryland Department of Juvenile Services (ASSIST) database
 
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