Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Suit Forces Maryland to Clarify Gun Transfer Rules

Monday, June 24, 2013

With Maryland residents forced to wait up to 10 weeks for the approval of an application for the transfer of regulated firearms” (handguns or certain semi-automatic long-guns), in mid-June the Maryland State Police and Attorney General finally clarified their position on the state law governing the transfer process. The state was forced to do so by an NRA-sponsored lawsuit filed on behalf of several Maryland residents, along with groups including Associated Gun Clubs of Baltimore, the Maryland Licensed Firearms Dealers Association and Maryland Shall Issue. 

Like many of their counterparts in the rest of the country, in late 2012 and into 2013, Maryland residents--rightly fearful of new restrictions on their right to keep and bear arms--purchased firearms in record numbers. But unlike in most states, purchases of handguns or certain semi-automatic long-guns in Maryland require a seven-day waiting period, during which a background check is conducted by the state police. Unprepared for such demand, the Maryland State Police soon became backlogged with applications, forcing prospective gun buyers to wait months to have their purchases approved in some cases.

On May 10, a complaint for injunctive and declaratory relief was filed on behalf of Maryland’s gun owners and firearms dealers, against Secretary of the Department of State Police Col. Marcus. L. Brown. Under Maryland law, “[i]f the Secretary disapproves a firearm application, the Secretary shall notify the prospective seller, lessor, or transferor in writing within 7 days after the date that the executed firearm application is forwarded to the Secretary.” The complaint made clear that Maryland’s failure to live up to this obligation, “burdened impermissibly the fundamental constitutional rights” of Maryland gun owners “to purchase and keep firearms for the purposes of self-defense in their homes as guaranteed by the Second Amendment.” Further, the complaint noted that Maryland’s firearms dealers, represented by MLFDA, suffered economic harm from “having many thousands of dollars in inventory tied up for months at a time while awaiting receipt of notices regarding” customers’ fi               rearms applications.

The suit asked the court to force the state into making determinations on all applications within the seven days provided by law, and to immediately make determinations on the applications which have been pending for more than seven days. The suit also contended that in the case of an application which has been pending longer than seven days, a firearms dealer should be allowed to conduct the transaction prior to receiving a determination from the state police, without fear of prosecution or liability should the purchaser later be found to be prohibited from possessing a firearm.

In response, Maryland admitted that it was unable to keep up with firearm transfer applications. But in order to avoid litigation, in mid-June the Maryland State Police and Attorney General clarified its official position that under Maryland law a handgun or semi-automatic long-gun transfer from a firearms dealer may take place after seven days, if a dealer has not received notice of a determination on the purchaser’s application, without a dealer having to fear future punishment. The state police also gave the court a sworn statement that it is adding additional employees to help process firearms applications more efficiently in the near future. With these two concessions from the state, the lawsuit was withdrawn.

Maryland’s forced acknowledgement, which will help ameliorate the unacceptable delays experienced by its residents, is a great victory for gun owners in the sometimes seemingly misnamed “Free State,” and serves as a testament to the effectiveness of well-targeted NRA-sponsored litigation. Further, the entire episode shows some of the reasons why NRA vehemently opposes enactment of waiting period laws in the first place.

IN THIS ARTICLE
Maryland Maryland
TRENDING NOW
Texas: A Flurry of Anti-Gun Bills Introduced on the First Day of Prefiling

Monday, November 9, 2026

Texas: A Flurry of Anti-Gun Bills Introduced on the First Day of Prefiling

Prefiling of legislative bills for the 2027 Regular Session of the Texas State Legislature began today. On the first day alone, legislators filed roughly 35 firearm-related bills, with the vast majority aimed are infringing on ...

Trump Administration Loses Two of its Brightest Second Amendment Lights

News  

Monday, November 9, 2026

Trump Administration Loses Two of its Brightest Second Amendment Lights

Along with other difficult tidings, the last couple of weeks brought the unfortunate news that two key figures in the Trump administration’s Second Amendment Renaissance were leaving government service. 

Virginia Attorney General Jay Jones Reveals Ignorance on Basic Firearms Technology

News  

Monday, November 9, 2026

Virginia Attorney General Jay Jones Reveals Ignorance on Basic Firearms Technology

Back in 2019, David Harsanyi penned an article titled, If You’re Trying To Ban Guns, The Least You Can Do Is Learn The Basics, which focused on complaints of “gunsplaining” by gun control advocates objecting ...

Arizona: Anti-Gun Lawmakers Waste No Time Taking Aim at Second Amendment Rights

Friday, November 6, 2026

Arizona: Anti-Gun Lawmakers Waste No Time Taking Aim at Second Amendment Rights

Just hours after Election Day, anti-gun lawmakers in Arizona are already signaling plans to pursue gun control in 2027, leaving law-abiding Arizonans to face the harsh reality that a consequential legislative session lies ahead.  

The Election is Over: Now the Real Work Begins

News  

Wednesday, November 4, 2026

The Election is Over: Now the Real Work Begins

While the complete picture from the 2026 midterm elections is still emerging, the results, to say the least, were not what gun owners wanted. Anti-gun forces took control of the U.S. Senate and House of ...

Criminals Keep Reoffending, Politicians Keep Talking Gun Control

News  

Monday, November 9, 2026

Criminals Keep Reoffending, Politicians Keep Talking Gun Control

The ballots have barely been counted from the 2026 midterm elections, and national gun control organizations are celebrating political victories while eagerly awaiting the next wave of firearm restrictions. 

Grassroots Spotlight: Building Grassroots Momentum in Eastern Pennsylvania

Take Action  

Monday, November 9, 2026

Grassroots Spotlight: Building Grassroots Momentum in Eastern Pennsylvania

Just days after the election, the NRA was hard at work in eastern Pennsylvania at Saints Logistics.

Ohio: Suppressor Bill on the Move, Take Action Today!

Tuesday, November 10, 2026

Ohio: Suppressor Bill on the Move, Take Action Today!

Today, the House Public Safety Committee passed SB 214, legislation to remove firearm suppressors from the definition of “dangerous ordnance” in the Ohio Revised Code, and it is now eligible for floor votes in the ...

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

News  

Monday, November 17, 2025

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

Thanksgiving in America isn’t just about food, family and football. According to a survey published by casino.ca (with its Great Thanksgiving Family Feud Map), the holiday typically “comes with a slice of family chaos and a touch of ...

U.S. House Passes Repeal of Social Security Administration Gun Grab, Begins Rolling Back Obama Era Executive Gun Control

News  

Friday, February 3, 2017

U.S. House Passes Repeal of Social Security Administration Gun Grab, Begins Rolling Back Obama Era Executive Gun Control

On Thursday, the U.S. House of Representatives issued a strong statement in support of the Second Amendment by passing H.J. Res. 40, which would repeal Barack Obama’s scandalous attempt to grab guns from thousands of vulnerable, ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.