Waiting Periods
Alright guys, If i go to my dealer, and order in a gun, and pay for it in full, but its gonna take a week for delivery, does that count as the waiting period.
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Can any one show the Florida State Statute that says you can skip the waiting period if youve bought a gun from the same dealer with six months? 0 -
It looks like you can skip the waiting period if you save a receipt from the last time you bought a gun, at the same place. I wonder if the gun shop guys would allow it.
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;
4. A law enforcement agency as defined in s. 934.02;
5. Sales or transactions between dealers or between distributors or between dealers and distributors who have current federal firearms licenses; or
6. Any individual who has been threatened or whose family has been threatened with death or bodily injury, provided the individual may lawfully possess a firearm and provided such threat has been duly reported to local law enforcement.
(3) POLICY AND INTENT.--
(a) It is the intent of this section to provide uniform firearms laws in the state; to declare all ordinances and regulations null and void which have been enacted by any jurisdictions other than state and federal, which regulate firearms, ammunition, or components thereof; to prohibit the enactment of any future ordinances or regulations relating to firearms, ammunition, or components thereof unless specifically authorized by this section or general law; and to require local jurisdictions to enforce state firearms laws.
(b) As created by chapter 87-23, Laws of Florida, this section shall be known and may be cited as the "Joe Carlucci Uniform Firearms Act."0 -
We don't have one of those "waiting period" things in SC. However, I would beleive it would start when the 4473 is filled out. But that's just my humble opinion. 0 -
I believe form 4473 requires the serial number, which wouldn't be available at the time of purchase if you are ordering it, so the waiting period would probably be delayed until the firearm came in and the serial number added. 0 -
The 3 days starts when the 4473 is called in. That does not happen until the gun is in hand. That is the Federal if-you-get-a-delay 3 days. If there is a state or local wait, it is probably the same. Move to a gun friendly state after college. 0 -
I have run the 4473's when a weapon was ordered. Since SC doesn't have a waiting period it is a moot point. The make, model, caliber and serial number doesn't have to be put on the 4473 until the weapon is transferred. 0 -
That is correct Old Colts, on page two of the 4473 manufacturer, model, serial, etc. is required. 0 -
We don't run 4473's until the customer comes to take the gun home. It's good for 30 days, but what if you place the order on, say the 15th of June and run the 4473, then it doesn't get shipped until the 29th. Customer can't make it by the shop until the 18th of the next month? That 4473 is expired.
May never happen, but it could.
Also, what if the customer decides he doesn't want it? Even after putting down money? Then you have to void it out.0 -
What kind of Gun,, Long or Hand?? Anyway, the call can be made at the time of payment, as the FDLE check is usually made the same day of purchase..Here in Florida, The three days start when you fill out the form and it is called in..No three day wait on Long guns..No wait if you are trading in a gun on hand guns, and supposed to be no wait if you prior purchased a gun from the same shop and have a receipt showing a recent purchase.. 0 -
quote:Originally posted by cubslover
We don't run 4473's until the customer comes to take the gun home. It's good for 30 days, but what if you place the order on, say the 15th of June and run the 4473, then it doesn't get shipped until the 29th. Customer can't make it by the shop until the 18th of the next month? That 4473 is expired.
May never happen, but it could.
Also, what if the customer decides he doesn't want it? Even after putting down money? Then you have to void it out.
I called BATFE once a while back and asked about that 30 day deal. They said there was no such thing. By the letter of the law if the customer walks outside of the store and comes back in 30 minutes later a new 4473 should be filled out. Understand that applies to customers who purchase a firearm and come back in later to get another (since you can't add to them) on the same form.
Also, I read the entire 4473 and it did not state anywhere that the make, model, SN and caliber be recorded before a NICS check is initiated.0 -
quote:Originally posted by Classic095
What kind of Gun,, Long or Hand?? Anyway, the call can be made at the time of payment, as the FDLE check is usually made the same day of purchase..Here in Florida, The three days start when you fill out the form and it is called in..No three day wait on Long guns..No wait if you are trading in a gun on hand guns, and supposed to be no wait if you prior purchased a gun from the same shop and have a receipt showing a recent purchase..
Classic, im going to have Mark Kubes, or Castle Keep order me in a WASR-2. Ive bought guns from both of them. I got my SKS and AK from Mark, and my .45 from Castle Keep. But i dont think theylle honor the rule that says if you can show proof of purchase recently from them, theyll let you skip the waiting period.0 -
Most of the Dealers wont honor the Florida Statute that say with knowledge of prior purchase even if it is in black and whit in front of them. Its the old CMA routine for them.. As I say Long gun, no wait, Hand gun under the circumstances I said before.. 0 -
I thought this was a thread about excuses for not having sex. 0 -
Classic, i dont have to wait 3 days on a long gun? Ive bought 2 rifles in the last year, and each time ive had to wait 3 days. Do i not have to wait? 0 -
quote:Originally posted by tacking1
I thought this was a thread about excuses for not having sex.
Are you nuts?[:0] there are none![^]0 -
If we've been known to pray (Please, please, please) while they run the paperwork, does that make this a religious post?
I have had to wait a week for approval in my own county (and I know the Sheriff, for cryin' out loud), but my last purchase was in the next state and was approved in 30 seconds. It's the flip of a coin. Which is why I need to break down and get my CCW.0 -
quote:Originally posted by tacking1
I thought this was a thread about excuses for not having sex.
That is not correct but I like the way you think. Don0 -
We don't have a waiting period in Missouri. The 4473 can be filled out before, but, as was mentioned, why? Unless you have done something, you should not be refused. As far as needing the serial number, you can add to the 4473 after the check if it is done before the dealer signs the 4473. This only applies if there is a delay, or the customer needs to leave while you run the check and does not come back the same day, or finds another gun they want before the dealer signs his part.
This should answer the above questions better:
(P44) For what period of time is a NICS check valid? [Back]
A NICS check is valid for 30 calendar days, as long as it applies to a single transaction. An FFL may not rely on a NICS check that was conducted more than 30 calendar days prior to the transfer of the firearm.
Example: A NICS check is initiated on December 15, 2004. The FFL receives a "proceed" from NICS. The purchaser does not return to pick up the firearm until January 22, 2005. The FFL must conduct another NICS check before transferring the firearm to the purchaser, and must record the results of the check on the Form 4473.
[27 CFR 478.124(c)]
(P45) Is a NICS check valid for 30 days from when the check was initiated, or from when a "proceed" is issued? [Back]
The NICS check is valid for 30 days from when the check was initiated.
Example: A NICS check is initiated on December 15, 2004. The FFL receives a "proceed" response from NICS on December 17, 2004. The purchaser does not return to pick up the firearm until January 16, 2005. The FFL must conduct another NICS check before transferring the firearm to the purchaser.
Example: A NICS check is initiated on December 15, 2004. The FFL receives a "delayed" response from NICS; no further response is received. The purchaser does not return to pick up the firearm until January 16, 2005. The FFL must conduct another NICS check before transferring the firearm to the purchaser.
[27 CFR 478.124(c) ]
This was straight from the ATF website.
Mike0 -
Noize,
Get your CCW...no waiting period for CCW holders.0 -
quote:Originally posted by dolfan
Noize,
Get your CCW...no waiting period for CCW holders.
and no background check fees....(here in utah)0
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