Handgun background checks...

smilin

smilin

BOXER NATION
I find it interesting that in the faq section of the web site they say that you should expect a 90 day wait.
 
Gilligan

Gilligan

#*! boat!
PREMO Member
itsbob said:
I don't remember when I started the paperwork process..

But I'm sure it wasn't 75 days ago.
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I had one start the clock the first week in April. At this rate, I'll see it in July...maybe. And another the end of April for my SO...
 
Tilted

Tilted

..
sockgirl77 said:
78 days. Today isn't Monday. :doh:
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You have my continuing sympathy, it's a pretty disgusting situation.

But on the bright side, if they do eventually 'not disapprove' you, the rest of us can sleep comfortable knowing that you are in no way, shape, or form a threat to our safety. They've taken the time to investigate every part of your character, examine your psychological make-up, run simulations of how you might react in different situations, and determine with near certainty that you will never use your newly acquired regulated firearm in a manner detrimental to society. Heck, if you ever are charged with a violent crime involving this weapon, your lawyer will probably be able to get the charges dismissed based on the MSP's exhaustive vetting of your character and your potential to do violence with this firearm. They've basically already proven that you aren't guilty of any crime you may be accused of in the future. So that's the upside of the long wait.
 
Tilted

Tilted

..
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.
 
sockgirl77

sockgirl77

Well-Known Member
Tilted said:
You have my continuing sympathy, it's a pretty disgusting situation.

But on the bright side, if they do eventually 'not disapprove' you, the rest of us can sleep comfortable knowing that you are in no way, shape, or form a threat to our safety. They've taken the time to investigate every part of your character, examine your psychological make-up, run simulations of how you might react in different situations, and determine with near certainty that you will never use your newly acquired regulated firearm in a manner detrimental to society. Heck, if you ever are charged with a violent crime involving this weapon, your lawyer will probably be able to get the charges dismissed based on the MSP's exhaustive vetting of your character and your potential to do violence with this firearm. They've basically already proven that you aren't guilty of any crime you may be accused of in the future. So that's the upside of the long wait.
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:killingme Okay.
 
Shaolin_Raptor

Shaolin_Raptor

New Member
I think it is about getting a background check within that 7 day period. If the checks are taking longer than 7 days than you would potentially give a weapon to someone who is not "legally" supposed to have it (because no check has been done) on the 8th day. That's my take on it.
 
StadEMS3

StadEMS3

Well-Known Member
PREMO Member
sockgirl77 said:
78 days. Today isn't Monday. :doh:
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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!).
 
sockgirl77

sockgirl77

Well-Known Member
The review dates are up to 3/4. Mine is in waiting to be reviewed by a sworn officer because the hired contractors cannot perform the extensive reviews. :rolleyes:
 
Chris0nllyn

Chris0nllyn

Well-Known 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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ATF law says they can give it back on day 8 also.

MSI is filing a suit with the MSP.
 
StadEMS3

StadEMS3

Well-Known Member
PREMO Member
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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