3 Day Purchase FL Question

[xjchief]

Just a question about Florida's 3 day waiting period. Here's the law:

The 2007 Florida Statutes

Title XLVI
CRIMES

Chapter 790
WEAPONS AND FIREARMS

View Entire Chapter

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.


Let's say I purchased a firearm on May 1 for a dealer out-of-state. The transaction is processed on that day and a receipt is issued reflecting a purchase date of May 1. Today is May 6 and 3 days have passed since the purchase of the handgun (meeting the legal definition of the 3 days). Why, upon call to the NICS system, would a person be subject to the 3 day waiting period of the phone call NOT from the DATE OF PURCHASE?

 

[jdc1244]

My experience and guess would be that the dealers are playing it safe to ensure there is no question that the three days have passed. The dealers may also consider the transfer as part of the transaction, as if they were ordering the gun for you that they did not have in stock.

When I order online I track the shipment and delivery on UPS’s website. I know when the gun was delivered and start the count from that date. Often the dealer will call and say the gun arrived and give me a date – three days from the delivery date- to come pick it up. It’s on the 4th day the 4473 is completed, the phone call made, and the transfer payment made. I’ve not had a dealer make we wait three additional days from the 4473 date, provided three days have passed since delivery to the dealer, to pick up the gun.

Sorry I could not be more help – I agree that if you bought the gun on the 1st and it arrives at the dealer's on the 6th you should be able to pick up the gun on the 6th. I suppose a call to a lawyer would be in order for clarification.

 

[XDKingslayer]

I agree with jdc1244. You would be suprised how much dealers DON'T understand the laws.

I'll be more than willing to bet that the majority of them don't know you don't need the 3 day wait if you've bought a gun from them before.

My own personal dealer didn't know that. I had to show him the statute and he still didn't believe it.

My question is did you pay for it entirely on May 1st or just a down payment?

 

[Picard]

I live in Illinois but we have a similar law here. When I ordered a handgun out of state, the three day waiting period only applied from the time that the background check and payment went through. I waited for more than 3 days for it to get shipped so I was able to pick it up as soon as it arrived. It really makes no sense to have to wait another 3 days since this law is more of a "cooldown period" in case a psycho gets angry and wants to shoot someone right away, I guess. The law is stupid from the very beginning since a psycho will continually be a psycho even after he gets his handgun.

 

[xjchief]

I emailed the State Attorney General's Office and requested clarification on the law. The FFL I used last time made me wait 3 days after they called NICS despite the guns had be purchased long before they arrived (weeks, not days). I have another on order that, when it arrives, I will have to go down to the FFL and have them call NICS, then wait another 3 days then go back to the FFL to pick up my gun.

 

[Bill2e]

Get a CCW Permit & you don't need to wait three days.

 

[atomchaser]

The current transfer dealer I use counts it from the date that you completed the transaction. If I have receipt to show him that is dated more than 3 days ago, I'm good to go. Most FFLs I've dealt with in FL enforce the 3 days from the date they get the gun, however.

 

[divemedic]

I'll be more than willing to bet that the majority of them don't know you don't need the 3 day wait if you've bought a gun from them before.

My own personal dealer didn't know that. I had to show him the statute and he still didn't believe it.

Interesting, I didn't know that, either. Where in the statutes does it say that? I'm gonna point that out to a few people.

 

[XDKingslayer]

Fla. Statues 790.33(d)(2)

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.