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

Discussion in 'Legal' started by treeman, Dec 1, 2008.

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  1. treeman

    treeman Member

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    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.
     
  2. cbrgator

    cbrgator Member

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    The waiting period begins the day the FFL receives the rifle I believe. It is definitely not the day you place the order.
     
  3. divemedic

    divemedic Member

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    There is no waiting period for long guns, except that certain counties may place a waiting period on gun show sales.
     
  4. cbrgator

    cbrgator Member

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    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.
     
  5. Zundfolge

    Zundfolge Member

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    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.
     
  6. divemedic

    divemedic Member

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    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)
    There is also: (from the Florida Constitution)

    Article VIII SECTION 5. Local option.--

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

    treeman Member

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    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???
     
  8. cbrgator

    cbrgator Member

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    Call your FFL and ask him. He'll be a better source.
     
  9. divemedic

    divemedic Member

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    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 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. )
     
  10. treeman

    treeman Member

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    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?
     
  11. caseypj

    caseypj Member

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    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.
     
  12. zoom6zoom

    zoom6zoom Member

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    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.
     
  13. treeman

    treeman Member

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    Ok, I got it. Thank you all again for all the help. Much appreciated!
     
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