FFL to transfer rifle puchased online, out of state...what's the process? (Florida)


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treeman
December 1, 2008, 05:32 PM
Ok, so I want to order a rifle from an online vendor that is in another state. I have already picked out a local FFL who will do the transfer for me in Florida for 30 bux.

Does the 3 day waiting period start from the day I visit the FFL and place the order online??? or does it start the day the rifle is actually delivered to the store???

Thanks in advance for any guidance.

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cbrgator
December 1, 2008, 05:34 PM
The waiting period begins the day the FFL receives the rifle I believe. It is definitely not the day you place the order.

divemedic
December 1, 2008, 06:50 PM
There is no waiting period for long guns, except that certain counties may place a waiting period on gun show sales.

cbrgator
December 1, 2008, 06:58 PM
Hey divemedic, is that new?

I bought a rifle from wal-mart back in 03 and they imposed a waiting period on me. It's entirely possible they didn't know the laws. But back then neither did I.

Zundfolge
December 1, 2008, 07:32 PM
The waiting period begins the day the FFL receives the rifle...
Its my understanding that in areas with waiting periods, the waiting period starts right after you fill out the 4473 and pass the NICS check.

divemedic
December 1, 2008, 07:32 PM
No, it is not new. The WalMart employee likely did not understand the law, or perhaps the store is imposing a waiting period on all purchases, so their stupid clerks don't screw it up. Your average WalMart employee is not that bright.

790.0655: (emphasis added)

790.0655 Purchase and delivery of handguns; mandatory waiting period; exceptions; penalties.--

(1)(a) There shall be a mandatory 3-day waiting period, which shall be 3 days, excluding weekends and legal holidays, between the purchase and the delivery at retail of any handgun. "Purchase" means the transfer of money or other valuable consideration to the retailer. "Handgun" means a firearm capable of being carried and used by one hand, such as a pistol or revolver. "Retailer" means and includes every person engaged in the business of making sales at retail or for distribution, or use, or consumption, or storage to be used or consumed in this state, as defined in s. 212.02(13).

(b) Records of handgun sales must be available for inspection by any law enforcement agency, as defined in s. 934.02, during normal business hours.

(2) The 3-day waiting period shall not apply in the following circumstances:

(a) When a handgun is being purchased by a holder of a concealed weapons permit as defined in s. 790.06.

(b) To a trade-in of another handgun.

(3) It is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084:

(a) For any retailer, or any employee or agent of a retailer, to deliver a handgun before the expiration of the 3-day waiting period, subject to the exceptions provided in subsection (2).

(b) For a purchaser to obtain delivery of a handgun by fraud, false pretense, or false representation.

There is also: (from the Florida Constitution)

Article VIII SECTION 5. Local option.--

(b) Each county shall have the authority to require a criminal history records check and a 3 to 5-day waiting period, excluding weekends and legal holidays, in connection with the sale of any firearm occurring within such county. For purposes of this subsection, the term "sale" means the transfer of money or other valuable consideration for any firearm when any part of the transaction is conducted on property to which the public has the right of access. Holders of a concealed weapons permit as prescribed by general law shall not be subject to the provisions of this subsection when purchasing a firearm.

History.--Am. proposed by Constitution Revision Commission, Revision No. 12, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.

The sale occurs when money changes hands, and like I said, the waiting period only applies to handguns.

treeman
December 1, 2008, 07:58 PM
Thanks for the replies.

I'm still a bit unclear. I was under the impression that there was a 3 day waiting period in Miami Dade County Florida where I live. Is there no waiting period on rifles and/or handguns here???

cbrgator
December 1, 2008, 08:01 PM
Call your FFL and ask him. He'll be a better source.

divemedic
December 1, 2008, 09:25 PM
I'm still a bit unclear. I was under the impression that there was a 3 day waiting period in Miami Dade County Florida where I live. Is there no waiting period on rifles and/or handguns here???

The only waiting period allowed under state law is the two mentioned above. We have state preemption. Dade county does have a mandatory 3 day waiting period in place for all gun sales that take place on public property (gun shows) under the constitutional amendment I mentioned above.

The only other waiting period that is legal is the 3 day wait on handguns.

Both waiting periods can be easily avoided if you have a concealed weapons permit.

(Edited to add: 790.33 allows a county (http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0790/SEC33.HTM&Title=-%3E2008-%3ECh0790-%3ESection%2033#0790.33) to have a 3 day wait as a local option, but that law can only apply to handguns and does not apply to those with a concealed weapons permit or those who can prove that they already own a firearm. IMO, this law is redundant with 790.0665, but whatever). Miami Dade has also availed itself of this provision. )

treeman
December 1, 2008, 09:59 PM
Thank you again for your help divemedic, very much appreciated.

If I understand what you are saying correctly a 3 day wait applies ONLY to hand guns NOT rifles/long guns? Unless puchased at a gun show then 3 day wait applies to ALL handguns & rifles?

Basically, I should NOT have to wait three days for a Rifle that I buy at a local dealer/store?

Does the fact that I order it from an out of state dealer for pick up in Florida (at a different dealer) change anything?

caseypj
December 1, 2008, 10:11 PM
I'm in the process of receiving a rifle from out of state, once your ffl receives it, you fill out the 4473 and take it home with you. There is no waiting period on long guns in Florida, hand gun waiting periods can be waived if you have a CCW.

zoom6zoom
December 1, 2008, 11:54 PM
Does the fact that I order it from an out of state dealer for pick up in Florida (at a different dealer) change anything?
When it arrives at the dealer you'll fill out a 4473 and have a check done just the same as if it were a gun he had in stock... so it works the same way.

treeman
December 2, 2008, 12:26 AM
Ok, I got it. Thank you all again for all the help. Much appreciated!

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