MD law / process / FFL question

[newtoguns]

I'm not a Maryland resident, but my dad is and he is having an issue purchasing a handgun. Hopefully someone here has the answer...

My dad has never owned a firearm but has recently purchased one.
Maryland has a 7 day wait and background check. Gander Mountain is refusing to release his handgun after almost 30 days of waiting for the background check to return.

From my understanding they can release it after 7 days if the bg check is not denied. (He is squeaky clean, doubt he's ever even had a parking ticket)

Gander Mountain is giving him the run around and has told him his bg check is "on hold". Is there even such a thing in MD?
I though it was basically approved or denied.
My guess is they have a policy to just never release the gun if the state police never respond but won't tell him that.
Any MD residents/experts/FFLs have any idea whats going on or if there is such a thing as a hold? They refuse to show him proof of the bg status. Last time he saw his status on their computer it just said pending but that was a few weeks ago before the "hold" thing.

 

[vetts1911]

You are right. The Application gets stamped denied or not denied. I would guess they may have botched or lost the paper work. MD is not that bad for owning guns. It is just a great deal easier in other states. We are trying to make it better.

I would tell him to let Gander know he is going to call the state police and ask why the check is on hold. The law says if he is denied he can ask for a hearing on the reason why. I added a link for you to see how it works. He should have been given an anwser with in a week.

The state police were in a back log but, they were getting the approvals back before 8 days.

The State police also have a web site for gun owners and the safety program they provide so you can have the required training to own a handgun.

Please note the pistol application is not a permit it is a back ground check and if he passes he is approved and it is just that simple with a 7 day wait from the date of the application. The only permit required is for CCW and, then of course the permit for all other things goes with out saying i.e. full auto, short barrel weapons, ect.

Hope that helps.

Chris

http://www.mcsm.org/mdlaw.html

 

[Jim K]

Questions about the training, military discharge, and so forth should have been handled when he was filling out the application.

By the law, the dealer can deliver the gun after 7 days have expired from the time the application was submitted. But some dealers are afraid to do so, and the Maryland State Police (with their usual disregard for the law) have threatened some dealers with loss of their license if they don't wait for the papers to come back.

Yes, I would call the MSP. It is possible that the dealer never submitted the application at all and is just hoping the customer will go away.

Is your father a member of a minority? The MSP once was known for "losing" applications by African-Americans, but I thought that nonsense had stopped.

Note on NFA items. In MD, the CLEO for a federal NFA transfer application (Form 4 or equivalent) is the MSP. In many respects that is good, as it removes local LE from the loop. But there is no MD "permit". Registration of machineguns (but not other NFA weapons) is required after acquisition, and yearly thereafter, but there is no "permit".

Jim

 

[The Foo]

29.03.01.10
.10 Sale or Transfer of Regulated Firearms Without Approval.

A. If a dealer or person does not receive a notification of a hold for an open disposition of a criminal proceeding or disapproval within the 7-day waiting period between submission of the application and a purchase, rental, or transfer, the dealer or person may sell, rent, or transfer the regulated firearm if all applicable provisions of Public Safety Article, Title 5, Subtitle 1, Annotated Code of Maryland, have been complied with. The application to purchase or transfer a regulated firearm form shall be stamped "not disapproved" to show that action was taken by the State Police if a disapproval was not warranted.

http://www.dsd.state.md.us/comar/29/29.03.01.10.htm

Print it out and take it to your FFL. It's the law, and he can sell it. ATF Rules that if their paperwork is straight, and the person passes a NICS, then he is good to go. They really don't give a **** about MSP and their rules, as they are secondary to the Federal Law.

 

[NavyLCDR]

Too bad is it "may" and not "shall"...

That just sucks.