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MD 7 day wait...

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haole_boySS

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This is a legal question I guess so i'm posting it here...

Bass Pro just had a sale so I went and picked up a new Ruger MkIII pistol. I did this on Sat 12/16/06. I "thought" that the 7 days included Sundays now AND the day of purchase.
Am I wrong? Should I be able to go pick up my gun on Sat the 23rd, or am I gonna have to wait longer?

Any help would be appreciated, none of the guys behind the gun counter seemed to know exactly. Its been over 2 years since I purchased a handgun and I dont remember the law exactly.

Andy
 
Last few handguns I bought I seem to remember having to pick it up on the 8th business day.

Since I'm never "disapproved" by MSP I can't remember what the maximum wait time is....I thought after 10 days if MSP didn't send the paperwork back as "Not Disapproved" the vendor could release the gun to you.


Others here will know for sure.
 
I'm pretty sure when I bought my pistol last summer, I picked it up on the 8th day. Apparently "7 day waiting period" means 7 full days; not that you can pick it up on the 7th day.
 
5 business days here in south Florida. Business days:banghead:

Cuz crimes of passion only happen on business days:barf:
 
5 days in Florida?

Get your CCW then there is no wait, and 5 days is not right, it's three days if you don't have concealed weapons permit.

(b) There shall be a mandatory period of three days, excluding weekends and legal holidays, between the purchase and delivery at retail of any handgun. For the purposes of this section, "purchase" means the transfer of money or other valuable consideration to the retailer, and "handgun" means a firearm capable of being carried and used by one hand, such as a pistol or revolver. Holders of a concealed weapon permit as prescribed in Florida law shall not be subject to the provisions of this paragraph.

and I guess you mean 5 days at gun shows in some jurisdictions.

But otherwise, look at section 2 (d) most people don't need to wait three days.

1) PREEMPTION.

Except as expressly provided by general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or regulations relating thereto. Any such existing ordinances are hereby declared null and void. This subsection shall not affect zoning ordinances which encompass firearms businesses along with other businesses. Zoning ordinances which are designed for the purpose of restricting or prohibiting the sale, purchase, transfer, or manufacture of firearms or ammunition as a method of regulating firearms or ammunition are in conflict with this subsection and are prohibited.

(2) LIMITED EXCEPTION; COUNTY WAITING-PERIOD ORDINANCES.

(a) Any county may have the option to adopt a waiting-period ordinance requiring a waiting period of up to, but not to exceed, 3 working days between the purchase and delivery of a handgun. For purposes of this subsection, "purchase" means payment of deposit, payment in full, or notification of intent to purchase. Adoption of a waiting-period ordinance, by any county, shall require a majority vote of the county commission on votes on waiting-period ordinances. This exception is limited solely to individual counties and is limited to the provisions and restrictions contained in this subsection.

(b) Ordinances authorized by this subsection shall apply to all sales of handguns to individuals by a retail establishment except those sales to individuals exempted in this subsection. For purposes of this subsection, "retail establishment" means a gun shop, sporting goods store, pawn shop, hardware store, department store, discount store, bait or tackle shop, or any other store or shop that offers handguns for walk-in retail sale but does not include gun collectors shows or exhibits, or gun shows.

(c) Ordinances authorized by this subsection shall not require any reporting or notification to any source outside the retail establishment, but records of handgun sales must be available for inspection, during normal business hours, by any law enforcement agency as defined in s. 934.02.

(d) The following shall be exempt from any waiting period:

1. Individuals who are licensed to carry concealed firearms under the provisions of s. 790.06 or who are licensed to carry concealed firearms under any other provision of state law and who show a valid license;

2. Individuals who already lawfully own another firearm and who show a sales receipt for another firearm; who are known to own another firearm through a prior purchase from the retail establishment; or who have another firearm for trade-in;

3. A law enforcement or correctional officer as defined in s.943.10;
 
I never understood why the waiting period exists, yeah ok an argument can be made for the first gun, but once a guy has a few dozen isn't it a bit rediculous to say, 'You can't have this gun right now cause you need to cool off before you take it and go kill someone' its not like this one new gun is going to be any more leathal than the safe full at home.
 
hmm

the past couple of years I remember waiting seven calendar days (business days were not separate).

The clock started the day after the initial paperwork. So, for example, I filled out the papers on Friday, then returned the following week's Saturday to pick it up.

This was the exact time-frame that happened for my stripped AR lower this past week.

However, I have heard of people who had to wait seven "business days" (Mon-Fri), but that may be an individual dealer thing to be "Extra Sure" that Joe Curran wouldn't play "gotcha.":eek:
 
It all depends... Some dealers don't send the paperwork in the same day. The seven days should count weekends. When I had a membership at On Target their annual sale was two Wednesdays before Thanksgiving. The Friday after turkey day was busy there.

It seems you should be able to pick it up Christmas eve, but the 23rd may be doubtful.

Enjoy the new gun. I agree that the waiting period, especially for an existing gun-owner, is ridiculous. Unfortunately it will probably get worse over the next four years in MD.
 
right, the waiting period is stupid. They want us to wait, thats fine for the first handgun. but after that it should be cash and carry.
Why is it sooooo hard for the MD gov't to see that VA has lower crime rates than us and they have much less stringent gun laws? :banghead: :banghead: :banghead:
 
dont know if youve got your answer yet, but they called me when i cleared. good thing there was a waiting period, i might have done something crazy
 
Damn them at BPS, I called yesterday and they said my pistol would be available for me to pick up on weds the 27th!!! Is it legal for them to make me wait longer than I have to if I am "not disapproved" ???
 
http://www.nraila.org/GunLaws/

If no action is taken within seven working days from the date the application is forwarded by the dealer, the handgun may be delivered to the purchaser.

haole_boySS, that is out of the NRA-ILA page on Maryland state gun laws.

It is 7 working days, this does not include weekends.

So, the total wait is typically 9-10 days, 5 working days, the weekend(+2) and then the final 2 working days.
Your anger should be directed at MD gun laws. BPS is not trying to screw you.
 
Sorry, but you are wrong Guido. I called the MSP and they said the 7 days were to include Sat and Sun. But it does not include Holidays. The MSP did say that the wait starts the day the dealer faxes the paperwork. So if BassPro faxed it over on Monday even though I bought it on Sat, i'm gonna have to wait longer.
Damn I hate this state. :fire:
 
Damn I hate this state.
Click to expand...
I know what you mean, but look on the bright side, in Illinois, Massachussetettes, NJ and one or two other places, they treat their regular gun owners like sex offendors on a registry. I think it was NJ where they had to have a picture on file, fingerprints and notify the state 30 days before an address change....just like a sex offendor would.

In MD we can own so called "class III" (NFA) and the state police approves all applications for a tax stamp that would pass if someone could by a handgun. They don't object to any of them so far that I have heard.
We can own silencers, SBS, SBR, full auto, DD, and AOW in MD and we don't have to go through the local cops if we don't want to, and the State Police don't deny anyone (that could buy a regular gun legally).
If we want what MD calls an "assault pistol" that the state bans completely,then we could just register it as an AOW or SBR and get a federal tax stamp (which the State Police would approve) and be able to own it legally (cost an extra $5-$200 though) as I understand it.
We don't have to register our handguns (or other regulated guns) unless we want to. Any "regulated" gun we acquire legally out of state will not be in their database unless we want it to be.
We are a overwhelming majority Democrat state and liberal for the most part, yet we have a lot of pro-gun, or gun moderate Democrats on our side (I just hope it is enough).
We at least have "may issue" and if there is a dire need that can be proven to the state, then they at least issue a carry permit then.
MD doesn't ban .50 BMG rifles (or BMG machine guns), doesn't ban what many call AWs, doesn't ban high capacity mags (from possession and only bans sale, manufacture and transfer) and doesn't require us to get permission from the state to own guns (just to pass a background check for certain ones and then it is granted wuatomatically when passed.).

MD aint bad when compared to a number of states.
 
Handgun Regs

Novus,

Can you clarify (maybe for me only, it may be evident to everyone else) the part above about not having to register handguns in MD - are you talking about those we already own, or new purchases? I was under the assumption that when I bought my Ruger Mark III .22 pistol earlier this fall, it was now registered - am I misinterpreting what happened?

Thanks for helping me understand,

Michael
 
"Registration" in MD is completely voluntary and when you purchase a regulated gun in MD it is not automatically registered.........but the MSP keeps your application on file with the serial number of the regulated gun forever. It is not "registered" but they know you bought it.
If you sold the handgun or regulated rifle out of state, then MD has no idea if you still have it or not.

If you have a regulated rifle or a handgun and you move to MD, then the state will not know about it and you can register it or not, it doesn't matter.

If you have an FFL or a C&R FFL and you bought your handgun or your C&R handgun from outside of the state and had it delivered to you in MD, then the state does not know about it and you can register it if you want, but it is not required.

YOur handgun is not registered and you can register it if you want, but because you bought it in the state, your name and the gun are in the State Police records.
 
"Registration" in MD is completely voluntary and when you purchase a regulated gun in MD it is not automatically registered.........but the MSP keeps your application on file with the serial number of the regulated gun forever. It is not "registered" but they know you bought it.
Click to expand...
But if you do not volunteer to register a new handgun, the MSP wont "not disapprove" your purchase. :banghead:

Kharn
 
Just my personal experience, yours may vary:

Gunrack uses 7 business days, not weekends, and holidays do not count either, I once wound up over a Labor Day weekend waiting 13 days:

Filled paperwork on Wed. eve.
Paperwork starts counting on Thursday as first full day
Friday Day 2
Sat doesn't count
Sun Doesn't Count
Mon Fed Holiday No go
Tues Day 3
Wed Day 4 (7 full calendar days)
Thurs Day 5
Fri Day 6
Sat Nope not yet
Sun still doesn't count
Mon Day 7 (Still not "Not Dissapproved" actuall no word what so ever) you can pick it up tomarrow)
Tuesday Day 8 picked up (Total days 13)

I haven't looked up the code but I'll bet it says weekends and Holidays excluded from the waiting period. Gimme a few minutes to check lexis...

Just checked, Lexis, MD code just says 7 days...nothing about business days or Holidays, stores are just being overly cautious, of course Lexis doesn't have case law. Does anyone know if there is a precedent causing the dealers to wait so long?
 
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MD code says 7 days and that is all. It says nothing about weekend nor holidays. It says
5-122
(b) (1) If the Secretary disapproves a firearm application, the Secretary shall notify the prospective seller, lessor, or transferor in writing of the disapproval within 7 days after the date that the executed firearm application is forwarded to the Secretary by certified mail or facsimile machine.


(2) After notifying the prospective seller, lessor, or transferor under paragraph (1) of this subsection, the Secretary shall notify the prospective purchaser, lessee, or transferee in writing of the disapproval.


(3) The date when the prospective seller, lessor, or transferor forwards the executed firearm application to the Secretary by certified mail or by facsimile machine is the first day of the 7-day period allowed for notice of disapproval to the prospective seller, lessor, or transferor.
Click to expand...
http://mlis.state.md.us/cgi-win/web_statutes.exe?gps&5-122
§ 5-123.
(a) A licensee may not sell, rent, or transfer a regulated firearm until after 7 days following the time a firearm application is executed by the firearm applicant, in triplicate, and the original is forwarded by the prospective seller or transferor to the Secretary.
Click to expand...
http://mlis.state.md.us/cgi-win/web_statutes.exe?gps&5-123

That says to me that it is seven days and just seven days. If the application is faxed on a Monday, then it can be picked up the following Monday if approved or not disapproved even if there was a holiday in between. The MDSP has just seven days to dissaprove an application as I read it.
Case law or MDSP interpretation may be different though.
 
Guido, when I told my FFL guy that I wanted the 1911 and XD, he suggested I get the "collectors" license. I sent the notorized app in and had it back in 2 weeks. ;)

But seriously, I called the Maryland State Police in Jessup and spoke to the Sgt in charge of firearms sale, control, licenseing, etc.. I asked specifically and he said 7 days is 7 straight days. Only exception is a holiday. If the Dealer drags their feet on when they fax the app over to MSP that will delay your wait. There is no law that says they must fax the app over as soon as you finish signing your name.
I also specifically asked about my situation with BassPro. He said that they must follow the 7 day wait but if they decided to not count weekends because of store policy or whatnot that i had to at least be given a reasonable time frame. he of course did NOT tell me what was reasonalbe and if after xamount of time, I could go pick it up if I was not "not disapproved"
Figures with MSP. At least I got some info out of them.

Andy
 
Was there a cost for the "collectors" license? Maybe I am dense or something.. whats does "Describe the nature of collecting activities" mean?
 
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