FL. 3 day waiting period?

[CDignition]

gutmacher is dead wrong on this one, I don't care what the statute he points out says. I have asked the FDLE on several occasions and always get the same answer.. Purchasing a gun has nothing to do when the background check is called in. IT has to do when $$$ changes hands.

 

[Mickstix]

IT has to do when $$$ changes hands.

What if the gun is a gift (free) from the dealer? Or an auction item? Im going through this right now, for 2 different guns.. One bought from an auction on Gunbroker.com My 3 day wait for that gun started when I filled out sec. A of the 4473 at my FFL's.. (I still need to send payment to the guns owner, but that's got nothing to do with "my" 3 day period..) Once the owner sends the gun to my FFL, I can pick it up the same day.. On the 2nd gun I bought it directly from Fl. Gun Exchange.. I got the bg check and paid for the gun at the same time, and that started my waiting period for that one.. But in either case, I'd still like to know what weekends and holidays have to do with "not counting" toward a 3 day waiting period..

 

[smoking357]

"gutmacher is dead wrong on this one, I don't care what the statute he points out says. I have asked the FDLE on several occasions and always get the same answer.. Purchasing a gun has nothing to do when the background check is called in. IT has to do when $$$ changes hands."

Correct.

 

[NavyLCDR]

I just e-mailed Gutmacher about the issue, and got a rather interesting response back:


Quote:
As I thought I had made perfectly clear -- three business days from the date NICS is contacted for the approval number. 27 CFR 478.102

According to this it would seem that the waiting period only begins after it's called in.
http://edocket.access.gpo.gov/cfr_20...cfr478.102.htm

It would really be nice if people would post the ENTIRE law when they quote a sentence out of the law. This CFR has NOTHING to do with Florida's waiting period. What this CFR says is that any dealer in any state cannot transfer any firearm until the requirement of the NICS check has been satisfied.

According to paragraph (a)(1) the FFL must contact NICS - or verify the equivelant state level check has been completed in those states with their own systems, THEN according to paragraph (a)(2)(i) if NICS responds with the proceed number, the FFL can complete the transfer OR if NICS does not respond with the proceed number and three business days has elapsed since the NICS call, then the FFL can complete the transfer without the NICS unique number. This statute has ABSOLUTELY NOTHING to do with state mandated waiting periods!

Sec. 478.102 Sales or deliveries of firearms on and after November 30, 1998.

(a) Background check. Except as provided in paragraph (d) of this
section, a licensed importer, licensed manufacturer, or licensed dealer
(the licensee) shall not sell, deliver, or transfer a firearm to any
other person who is not licensed under this part unless the licensee
meets the following requirements:
(1) Before the completion of the transfer, the licensee has
contacted NICS;
(2)(i) NICS informs the licensee that it has no information that
receipt of the firearm by the transferee would be in violation of
Federal or State law and provides the licensee with a unique
identification number; or
(ii) Three business days (meaning days on which State offices are
open) have elapsed from the date the licensee contacted NICS and NICS
has not notified the licensee that receipt of the firearm by the
transferee would be in violation of law; and
(3) The licensee verifies the identity of the transferee by
examining the identification document presented in accordance with the
provisions of Sec. 478.124(c).

Example for paragraph (a). A licensee contacts NICS on Thursday, and
gets a ``delayed'' response. The licensee does not get a further
response from NICS. If State offices are not open on Saturday and
Sunday, 3 business days would have elapsed on the following Tuesday. The
licensee may transfer the firearm on the next day, Wednesday.