OMG! MD Gun Sales Without Background Checks! OMG!

 Pasadena Pawn and Gun store owner Frank Loane, Sr. has 230 gun background checks waiting to be approved for gun purchases from his store, by the state police.  (text and photo courtesy baltimoresun.com)

The term “mainstream media” is misleading. Yes, Big Media’s audience is “mainstream” (i.e. it’s consumed by lots of ordinary folks). But the stories themselves are well outside mainstream experience. Obviously. News is, by its nature, sensational. A NSSF report on the tens of millions of Americans who bought a gun, went through a NICS checks and took possession of their firearm straight away (or after a short wait) is relegated to internet specialists like TTAG. The MSM wouldn’t give it the time of day. But this . . . “When Scott Schulte stopped at Pasadena Pawn and Gun last week to pick up his fifth firearm of the year, the Maryland State Police still hadn’t finished his background check. The store let him take the pistol anyway.” OMG! How the hell did that happen? . . .

“I figure I can use my discretion,” owner Frank Loane Sr. told Schulte. “I know you.”

Yes, well, the baltimoresun.com article somehow fails to mention that ALL MD GUN SALES REQUIRE A FEDERAL NICS BACKGROUND CHECK.

The additional Maryland background check not only violates Free State residents’ natural, civil and Constitutionally protected right to keep and bear arms, but it’s become one of those “a right delayed is a right denied” deals. And how. To wit:

An unprecedented surge of applications to purchase guns has overwhelmed Maryland’s system for checking out the buyers. Dealers are required to wait seven days before releasing a firearm — which in the past has been enough time for the state police to complete the background check.

Lately, though, it’s taken two months or more. Citing state law, some dealers have stopped waiting.

“There’s a big frenzy out there,” said Fred W.J. Kirchner, vice president of the Maryland Association of Firearms Retailers and owner of Fred’s Firearm Service in Chestertown.

“I’ve got a stack of papers here I’m waiting to hear from the state police on, but I’ve already transferred the firearms. There’s nothing they can do about that,” said Kirchner, who like Loane said he gives guns only to people he knows have passed background checks before.

Again, let’s be clear: ALL MD GUN SALES REQUIRE A FEDERAL NICS BACKGROUND CHECK. So the background check to which these gun dealers refer is the state background check.

And what’s this little piece of info lingering at the end of the BS article about paperwork processing delays that are costing the state millions in overtime and lasting 85 days or more?

Attorneys for the state police declined to comment publicly on the lawsuit or what liability the dealers may face for selling guns to people before background checks are complete.

“The law states that the firearms dealer must hold that weapon for seven days,” said Shipley, the state police spokesman. “After that, the law is silent.”

He added, “We believe that firearms dealers share our concern for public safety. We certainly hope that firearms are not being released until those background checks come back.”

This is what happens when “well-meaning” politicians enact gun control legislation: they destroy the rights they pretend to protect. How ironic is that?

comments

  1. avatar Hal J. says:

    The worst delay for a background check in Colorado post-Sandy Hook was around 10 days; thankfully, things are back to normal now and there’s no longer a de facto waiting period.

    As for Maryland…two months? That’s almost as bad as the wait for approval of a suppressor!

    1. avatar Mark T says:

      In early April when I picked up my latest Mosin from my local FFL in Rifle, CO (what a great name, but I’m half-expecting the dems in Denver to make us change the name of the city to something more benign) I was expecting to have to come back a week later to actually pick it up. He told me that RMGO (Rocky Mountain Gun Owners) had threatened the state with a lawsuit and suddenly the backlog vanished almost overnight. It took just a few minutes to get approved.

    2. avatar full.tang.halo says:

      Pfft, you wish it was only 2 months for a stamp to come back, it’s more like 8-9 months door to door, up from 6 months in 2012, and 4 months in 2010.

      1. avatar Mark T says:

        You’re talking about NFA tax stamp. Hal is referring to the 2 month wait for the basic state background check mentioned in the article. I’m 4 months into the wait for the stamp for my SBR. It’ll probably come right about the time the snow starts falling again.

  2. avatar Matt in FL says:

    So these are people who have passed a NICS check, but not the MD state check? The article doesn’t make that clear, but I assume from the way you wrote it that this is the case. If so, I think that the gun store owner’s actions are completely reasonable.

    The last paragraph of the article makes me sad for stupid people:

    A few minutes after Schulte picked up his pistol, Mark Disque of Cape St. Claire stopped by Pasadena Pawn and Gun. He wanted to collect the .22-caliber Sig Sauer Mosquito pistol he’d picked out in March for his 14-year-old son to use for target practice at a farm owned by a family friend. It took 85 days for state police to return his paperwork, but he was glad the state police were being thorough.

    “If you’re legal and honest about it, you shouldn’t mind having to wait,” Disque said.

    I mind, and you should too. Because it’s unreasonable, and unnecessary, and a violation of your rights. You may not care about that last point, or think it’s unimportant, but I do.

    1. avatar HolyDiver says:

      “I mind, and you should too. Because it’s unreasonable, and unnecessary, and a violation of your rights. You may not care about that last point, or think it’s unimportant, but I do.”

      +1

      Until we organize and systematically, unrelentingly and absolutely rid ourselves of the ways that got us to this point, it will only get worse. And people by worse, I mean A LOT worse.

    2. avatar Robert M says:

      Maryland State is the POC for NIC checks so the guns aren’t getting NIC checks either.

      Thanks
      Robert

  3. avatar RepubAnon says:

    Yeah, because making it easier for straw purchasers of firearms to buy inventory for resale to criminals is what freedom is all about.

    His 5th firearm purchase that year? And how many in the preceding years? Does he just like to have the latest models, or is this a business enterprise? Only the NSA’s PRISM program knows for sure.

    1. avatar Matt in FL says:

      Why do you assume he’s a straw purchaser? Ask Jim Barrett how many guns he bought in the first couple years of being a gun owner, and at what frequency. I think you’d be surprised. He had a new fascination, and the disposable income to do it, and it was perfectly legal, and it was his right to do so.

      Not using the actions of a criminal few to interfere with a law-abiding majority’s ability to exercise their rights is what freedom is all about.

    2. avatar HolyDiver says:

      Contrary to the belief that return/frequent customers are commiting crimes, did you ever think that they are juts purchasing an item. Thats all it is, a chunk of metal, plastic and springs. OMG they are making a run on Cheerieo’s, there has to be a black market for assault Cheerio’s, i mean they didnt even have to pass a Federal Supermarket Checkout Check, and form 4474 wasnt filled out to account for the Cheerio sales so we can track down this HUGE cheerio black market, ITS FOR THE KIDS FOR CHRIST SAKE! What will little Jimmy eat in the morning?

    3. avatar Hal J. says:

      Why is it anyone’s business but his own whether he bought 5 firearms this year, or 50 for that matter? It’s his money, and he can spend it any way he likes.

      I probably have over 100 firearms in my collection, and just picked up a VEPR 12…do you have a problem with that?

      1. avatar Shenandoah says:

        Hal you’ll have to let us know what you think of it…I think a VEPR in 7.62x54r will be my next purchase–if I can track one down!

        1. avatar Hal J. says:

          I’m waiting for it to arrive at my FFL guy (I purchased it on Gunbroker). Since I live in Colorado, I’ve had to buy every normal capacity magazine of over 15 rounds (8 in the case of shotgun mags) that I ever plan on having in anticipation of the July 1st ban, since I don’t plan on moving out of the state. This includes magazines for guns I don’t even own yet. I picked up half a dozen 12 round mags for the VEPR a few months ago.

          Still on the list: the purchase of an FN Five Seven, AR57, an AK-47 clone of some sort, and a Armalite AR-10A.

        2. avatar doesky2 says:

          Ummmm……VEPR 54R….It also is calling my name. However I’ve read some disturbing blurbs about it having issues with the cheap surplus. It’s a deal breaker if it doesn’t eat that easily. Any comments about what you’ve read and seen?

    4. avatar uncommon_sense says:

      RepubAnon,

      There always have been and there always will be countless ways for criminals to acquire firearms. They can use the “services” of a straw purchaser. They can assault/kill a citizen or police officer and steal a firearm. They can even make a firearm. (Zip guns are effective, cost less than $30 to make, and are extremely easy and fast to make.)

      We should by all means prosecute criminals who violently attack citizens — regardless of what weapon they use or how they acquired their weapon. What doesn’t make any sense is penalizing citizens who have no intention of harming anyone. That is exactly what all the background checks, registration, and other aspects of “gun control” do.

    5. avatar jwm says:

      Repubanon, you make a good argument to do away with background checks completly. If the government knows this man bought 5 firearms this year then the background checks are being used to keep an illegal registry of guns and owners. And it is a major intrusion into a citizen’s privacy. I’m glad we agree on the need to do away with background checks. Looking forward to your continuing support of civil rights.

    6. avatar Tom in Oregon says:

      And I’ll bet you he exercised his first amendment right a few times a day, every day. No waiting period, no approval by some per-functionary ding dong who doesn’t know what a “shoulder thing that goes up”, is.

    7. avatar JFP says:

      Some of us like guns and shooting said guns. We also have cash to spend, burning holes in pockets. Perhaps I shifted money from other hobbies into firearms. Say, how many computers did you buy last year? Those are never used in crimes, right?

    8. avatar Bob4 says:

      RepubAnon, I am offended. I bought 5 firearms in the last six months for my own enjoyment and protection, and I plan to buy many more. My wife is now actively in the sport, and she plans to buy several this year for competition shooting. How dare you accuse people like and my wife of a crime simply because we enjoy the sport.

    9. avatar Leo338 says:

      Typical liberals, keep track of how many firearms he has purchased this year and then accuse him of crimes based on your irrational fears. What an evil person this gun owner is.

      Next week you all will celebrate planned parenthood hitting the 1 millionth abortion for the year, now that’s progress! Do you keep track of how many abortions people have? No, that is a violation of rights you say? The hypocrisy!

    10. avatar janklow says:

      guys are buying a lot of firearms this year because many models are getting banned and more restrictive policies are coming down on handguns/magazines, all in October. it’s really not very hard to figure out.

      i can tell you that i have purchased more firearms than i normally would have as a result.

  4. avatar Gov. William J. Le Petomane says:

    BS agitprop.

    1. avatar Just some guy says:

      But enough about your post. What about the article?

  5. avatar mlopilato says:

    The longest wait I’ve had in Indiana was 6 hours to get a background check and that was when the NICS was down.

    1. avatar Hal J. says:

      You shouldn’t mind a wait of any length, be it 6 hours or 6 months. The guy cherry-picked for a quote at the end of the article (Mark Disque of Cape St. Claire) says so, after all.

      1. avatar JusBill says:

        OK, so if you have to wait six months for your paycheck you shouldn’t mind?

        1. avatar Hal J. says:

          I was being sarcastic.

  6. avatar uncommon_sense says:

    This story illustrates what I have touched upon in other posts: any form of background checks or registration can be either unintentionally or intentionally understaffed or delayed to the point of being a de-facto ban.

    At that point people either continue to wait or ignore the wait. It looks like people in Maryland are at the point now of ignoring the wait.

  7. avatar Craig says:

    The REAL question is, how many of you tried to identify all the guns on the wall?

    1. avatar WA_2A says:

      I think I see an M1 carbine on the right hand side, but I’m not too sure (the shopkeeper’s in the way)…

    2. avatar AlphaGeek says:

      I’m still trying to ID what he’s got in the shoulder holster. Nice rig, BTW.

  8. avatar ChuckN says:

    “How ironic is that?”

    I doubt irony enters into it at all. Most of the anti-rights crowd
    knows full well that their efforts will hinder civil rights.

    1. avatar JusBill says:

      Here’s the irony:
      The mayor of New York City dictates to the Governor of Maryland what he will do.

      Maryland hangs her head in shame; the Free State is no longer free.

  9. avatar DaveL says:

    Breaking news: the law doesn’t allow the government to institute a de facto ban on gun sales by indefinitely delaying background checks. Big whoop.

    1. avatar Hal J. says:

      It already takes close to a year to get approval for a suppressor or SBR, and we’ve lived with that delay for decades. While I’ll be the first in line to gripe about any delay, be it 6 hours or 6 months…what can we do about it?

      (beyond the obvious: “elect more Republicans”)

      1. avatar Matt Richardson says:

        (beyond the obvious: “elect more Republicans”)

        Republicans don’t give a sh*t more about your liberties than Democrats… Wake up

        1. avatar Hal J. says:

          On the whole, they vote in favor of gun rights far more often then Democrats do (I presume you don’t disagree?). How they vote on other issues is a separate subject for discussion.

        2. avatar WA_2A says:

          Mitt Romney and George W. Bush BOTH supported gun control…

          SOURCE: ontheissues.org

        3. avatar Hal J. says:

          Let’s look at the last major attempt at national gun control, the Senate’s recent attempt to pass background checks, shall we?

          It failed 54-46 (60 votes being necessary). Of 54 Democrats and Independents (who are D’s in all but name), 50 voted for the measure, and only 4 voted against. Of 46 Republicans, 42 voted against it, and 4 for it. That means that 92.5% of Senate Democrats voted for gun control…with only 8.7% of Republicans voting for it.

          Quite the contrast, yes?

          You can speak of the failings of individuals all you like, the fact remains that the parties on the whole differ enormously on gun control.

  10. avatar OldLawman says:

    A little background for those who do not live in Maryland (lucky you !)

    Up until the November 2012 election results, the MD State Police actually did respond back to background checks inside of the state law mandated 7-day wait. No, we didn’t like it, but at least it didn’t take 60+ days. They are backed up almost 70,000 applications. Since MD is also a 1-gun a month state (unless you are a “Designated Collector”, which most gun-savvy folks are), this puts serious crimp in your acquisitions.

    The Baltimore Fishwrap/Sun is notoriously anti-gun, along with all the editorial writers.

    Can’t wait to escape…

  11. avatar OkieRim says:

    These progessive/Dem fiefdoms are legislated by a special kind of stupid…

  12. avatar Robert M says:

    A couple of corrections.

    1) The Federal check is included as part of the MD State Check so there is no background check being done.

    2) The law is pretty clear is the Maryland State Police (MSP) doesn’t get back to the shop with a declined it may be assumed as not declined and can be released.

    3) Every shop is setting up there own policy on this and it has become a large enough issue the MSP even has a process for those shops that release.

    4) The problem Started in December as the wait times went from 7 days to 2 weeks then 1 month then 2 months and we started hitting 3 months so they are not only behind but it is getting worse.

    5) In the end it is the State of MD screw up. If they were to address the problem months ago when the back log started they would have been able to keep it down and store wouldn’t be releasing.

  13. avatar Dan says:

    For those that don’t know, part of the obscene anti-gun bill Maryland passed this spring is a mandatory license (with fingerprinting, a $50 tax, a training requirement, further background checks, etc.) to transfer any handgun after Oct. 1.

    The approvals currently coming back are from early to mid March and at the rate the state is falling ever further behind it seems extremely unlikely that a purchase made today would even be read by October. Whereupon picking up your gun from June will require $300 in taxes and fees and another 3-4 month wait for them to get around to approving your license.

    This being inflicted upon us by the people that claim the burden of an hour in line at the MVA to obtain a legitimate ID is for all intents and purposes denying the right to vote.

    1. avatar Matt in FL says:

      “This being inflicted upon us by the people that claim the burden of an hour in line at the MVA to obtain a legitimate ID is for all intents and purposes denying the right to vote.”

      This is a really good point.

    2. avatar Scott says:

      The good news is if you have a receipt that you purchased the firearm before Oct. 1st you will be “grandfathered” in after that date and will still be allowed to get your firearm without the ban or new regulations notwithstanding.

      1. avatar Dan says:

        My read of the grandfathering language suggests that it only covers regulated rifles which will be banned Oct 1.

      2. avatar 40&2000 says:

        You will be able to received your banned rifle. People buying soon to be banned firearms accounts for a significant portion of the backlog. It still seems open to interpretation whether you will need the new license to take delivery of a handgun after Oct 1 even if you initiated the purchase now.

    3. avatar Aaron says:

      you know what’s funny, Dan? there is NO constitutional right to vote, but there is a constitutional right to keep and bear arms!

  14. avatar Veteran Patriot Retired USAF "marksman" says:

    Having bought 6 firearms since October, I am glad to live in Florida… but, am
    also vigilant, and vote.

  15. avatar jh says:

    My last check for a handgun took 87 days

    1. avatar Aaron says:

      my last check took about 5 minutes

      1. avatar Surly Old Armorer says:

        My last waiting period was te time it took to get my carry permit out of my wallet.

  16. avatar Evan says:

    7 days? Lol in NJ it’s currently 17 days. Of course that’s after a years wait to get a permit.

  17. avatar JT says:

    Having just driven from one end of Maryland to the other last week, I feel bad for for the people living there. Baltimore has ruined the entire state when it comes to laws that are being passed. So much for it being “The Free State”.

    1. avatar Robert M says:

      Baltimore City and Washington DC has ruined the entire state. The DC suburbs are worse then Baltimore City in so many ways.

    2. avatar Aaron says:

      Maryland IS the “free state” for the thugs in Bawlamer: free EBTs, free “Obamaphones”, etc.

  18. avatar KCK says:

    In Wisconsin, in three days they can /delay/extend for 3 more days, after that, a no “deny” becomes a defacto “proceed”.

    1. avatar Matt in FL says:

      We have the same rule in Florida. I know there are some dealers around here who won’t deliver without an approval, three day rule or not.

      There was a post on arfcom Florida back in February about a guy who had waited quite a while for a delivery. He went in and filled out his 4473, got a conditional. Waited three days and took delivery. Took the new toys home, dumped a few hundred into upgrades and accessories, and a week later got a phone call that he had been denied and he had to bring the guns back RFN. He immediately filed for an appeal, and was told it would be 3-6 weeks before he got a reply on his appeal. The mess started in January, last update was in April, and FDLE was telling him “three months, maybe.”

  19. avatar janklow says:

    yeah, i just had a gun come back after an 85-day wait. and by “gun,” i mean “stripped lower.”

    not really good times.

  20. avatar Glen says:

    Two months?! That’s nothing. I waited 3 and a half months with Bass Pro Shop because they were scared of Maryland State Police retaliation. It was only a STRIPPED lower. Go figure.

  21. avatar Aaron says:

    marylandistan and Martin O’Malley have achieved strict gun control, and yet somehow the thugs in Baltimore continue to shoot each other, and the occasional innocent white or Indian Johns Hopkins med student. So let’s crack down EVEN HARDER on law abiding citizens, by pretending that state background checks take months to complete!

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