Federal Liability Of Gun Dealers & Clarifications

(Annapolis)-- Delegate Mike McDermott (R-Eastern Shore) is urging the Maryland State Police (MSP) to take further action on the 7-Day waiting period and to clarify the October 1st deadline issues. In his letter to Colonel Brown (see below), Delegate McDermott addresses the issues regarding the federal liability of Maryland gun dealers with respect to the 7-Day waiting period for gun transfers. He also asks MSP to confirm that Maryland residents will legally be able to own guns that will be banned beginning October 1st under Maryland’s new gun laws as long as they purchase, and not possess, those guns prior to October 1st.
The following is the text of the letter sent to Colonel Brown.
Colonel Marcus L. Brown, Superintendent
I have reviewed the recent agreement reached between MSP and the Gun Dealers Association of Maryland concerning the 7-Day waiting period delays. While I was pleased to see the state’s willingness to work through this problem, it is apparent that this action does not solve any of the problems due to the Federal requirement of a NICS number being assigned and documented prior to any transfer.

I have spoken with several dealers, large and small, who have been advised by the FBI that they cannot access the NICS for Maryland Regulated Firearm purchases due to a pre existing agreement they have with the MSP. Some of the dealers were calling in to receive a NICS number so they could go ahead and transfer these firearms but have now been threatened by the FBI with potential prosecution for doing so (They are only allowed to do so for non-regulated firearms).

If it is the intent of MSP to truly resolve the extensive back up delays, the NICS number issue must be resolved immediately. Perhaps the state could simply release this aspect of the background check back to the dealers so they could secure the number for themselves; or the MSP could perform a NICS check upon receiving the Form 77’s and provide the number to the dealers within the 7-day window provided by law so they can perform a transfer if they are willing to do so.

I am also fielding concerns from dealers and buyers regarding the delayed transfers and the deadline of September 30th for purchases to be made. The delays created by the volume and those associated with your background reviews are causing folks to wonder how they will be able to purchase a regulated firearm subject to the ban on or before September 30th if the firearm will not be available for transfer at the dealer until after October 1st. A Colt AR-15 ordered in September will not arrive for several months, and the serial number will not be known prior to arrival. If this purchase occurs prior to October 1st, the spirit of the new law would allow that firearm to be possessed in Maryland legally by the owner after that date - despite the inability to physically transfer the firearm or fully complete a Form 77 until after the October 1st deadline was breached.

I respectfully ask that you release the NICS numbers and clarify these purchase/deadline issues as soon as possible so individuals can plan accordingly.
Godspeed,
Mike McDermott