Handgun background checks...
- Thread starter Larry Gude
- Start date
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czygvtwkr
Guest
Hope you got something to feed it.
PsyOps
Pixelated
Lots. Been stocking up.
Midnightrider
Well-Known Member
And of course somewhere to shoot it.....
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czygvtwkr
Guest
Just got my FNS-9!
sockgirl77
Well-Known Member
What was your wait time?
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czygvtwkr
Guest
8 Days
Midnightrider
Well-Known Member
PsyOps
Pixelated
If anyone is waiting more than 8 days anymore it's their own fault.
How is that? We don't have any control over it.
PsyOps
Pixelated
All it will take is for one recall and that FFL will end their early releases. It’s still at the FFL’s discretion and we have no control over it.
Midnightrider
Well-Known Member
You have complete control over who you buy from. If you buy from someone who makes you wait any longer than 8 days it's your own fault. The info is out there, and with the Oct 1 deadline right around the corner the buyer better beware.
PsyOps
Pixelated
Abc, I’m not used to dealing with you, but I’m used to people like Midnight stirring up a bunch of #### and spouting off crap he is obvious in conflict with; even within himself. He even replied after I posted the law (post 319) indicating that an FFL ‘CAN’ release, but they don’t have to (posts 320 and 327)
Here is the law. The law does not REQUIRE FFLs to release anything to anyone. It is at the FFL’s discretion. I provided an article previous to that stating that MSP are discouraging the practice. I bought my AR online and transferred to my FFL prior to knowing that this provision existed. I was stuck and could nothing about it but wait.
Maryland State Police > Organization > Support Services Bureau > Licensing Division
Your FFL may be cooperating today, but it will only take a couple of recalls to change that. They ARE NOT required to release that firearm to you if they feel it would be more counterproductive to do so.
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Vince
......
S&W M&P .223? Put some good optics on it and it will shoot very well for you.
Midnightrider
Well-Known Member
thats right, they CAN release after 8 days, but they dont have to.
Just like you CAN give your money to a place that will hold your gun for months on end, but you dont have to.
there is no conflict. An educated buyer has no one but themselves to blame if the choose to spend their money in an establishment that doesn't release on time. An uneducated buyer only has themselves to blame too.
:shrug:
edited to add:
just to be clear, I used to deal with a different FFL for transfers but when the crap hit the fan he chose to not release and kept my wife's gun hostage for about 2 months longer than necessary. I understand he is back to normal (8 day) release now, but i am on another horse at this point. I am toying with the idea of one final purchase prior to 10/1, i plan to use the FFl that has proven he is willing to release on time.
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Midnightrider
Well-Known Member
I stopped by my old FFL today for some ammo and found out that they have been on 8 day release for a month or so now. He just might get my last minute purchases if I make any.
Psy- was just trying to help you or anyone else stuck in purgatory get their gun before 10/1.
If the MSP doesn't disapprove in 7 days, it is on the MSP to retrieve the firearm; not the FFL (not that I trust Maryland not to screw with ontime FFL's, that is what Maryland does).
If the MSP doesn't disapprove in 7 days, it is on the MSP to retrieve the firearm; not the FFL (not that I trust Maryland not to screw with ontime FFL's, that is what Maryland does).
Tilted
..
Why would this specific law require FFLs to release anything to anyone? That's what someone does when they sell you something, they give it to you, except to the extent they are prevented from doing so by special circumstances. This specific law isn't granting FFL's permission to release firearms, it is prohibiting them from doing so under specific circumstances (e.g. for a specific period of time)
You pay someone money, they give you the merchandise. Sometimes it's on order, so they have to wait until it comes in to give it to you. When it comes to regulated firearms, there's a special law that prohibits them from giving it to you for 7 days (or until a 'not disapproved' application is returned, whichever is shorter). That's all the law prevents (unless a disapproved application is returned within 7 days). After that, you return to the general nature of the ubiquitous merchant-consumer transaction. There's nothing prohibiting the FFL from giving you the merchandise you paid them for, so they should give it to you. They aren't doing anything wrong in giving it to you, even if it turns out later that the MSP disapproves the application (and actually, as the law is written, I don't think the MSP is allowed to disapprove an application after 7 days - if it's going to disapprove the application, it is required to inform the FFL within 7 days; not that the MSP feels bound by a plain reading of the law).
I won't go so far as to say someone could successfully sue an FFL to force them to release a firearm after 7 days, but they should be able to unless the FFL made it clear when the deal was made that they were going to wait however long it took to get a 'not disapproved' back. And I surely wouldn't suggest that people should sue their FFL's over this issue. I understand why FFL's might fear (improper) repercussions from the MSP and thus be overly cautious. But I will go so far as to say that I wouldn't do business with an FFL unless they assured me that they would release my firearm to me when they were allowed to - i.e. after 7 days. That's what I expect from people I buy stuff from. I pay them money, they give me the merchandise, unless there's some reason they can't (e.g. they had to special order it) or some reason I don't want it yet.