Florida 3 Day Wait

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xjchief

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This has been the most frustrating gun purchase I've made. Back in late March I orded a CZ82, M1895, and a P225/P6 from Aim. I went down to my FFL and completed all the paperwork so things would be ready to go when they arrived. Well, today after about a month of patient waiting (okay so it was killing me) they arrived.

I headed on out to the store to pick them only to discover that I now had to wait 3 more days which is actually until next Tuesday. This has been the longest 3 days ever and it's just started. :(

On the bright side though I found a S&W 586 for a decent price that I bought while I was there too. My wife is going to kill me. :evil:
 
I use to live in Florida and never had to wait because of having a CCW.There's a few advantages in having a CCW besides just carrying.I can feel your pain though.I hate waiting for anything I ordered. Days seem like weeks.Good luck.........
 
Sigh... I know. I never got one because I work for the Feds and they won't allow me to bring a gun any where near work.
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I understand.I work the for Government too and have to park my car outside the employee lot.
But there is always the alternatives of off base storage even for you.
And the bulk of our time is not spent at work.
Get that permit chief ,to defend yourself and your family if need be.
Don't be a victim.With electronic prints, you can have it in your hands in a few weeks.
And Florida's permit is recognized in about 32 other states.
 
xj chief, that sucks man - I feel your pain. I had a similar situation when having a handgun shipped from another state. I came in the day the FFL received it and they told me to come back in 5 days (two weekend days). So I came back and they told me that since Monday was a federal holiday, I had to wait another day because federal holidays don't count as a day for purposes of the waiting period.
 
so if i buy a gun monday when can i pick it up? thrusday after the time i picked it up more than 72 hrs ? or friday anytime?
 
IIRC, the first day is the day AFTER you purchase the gun. The day you can pick it up is the day AFTER the third day.

So, for example, if you purchase it on Monday:

Monday . . . . . . purchase
Tues . . . . . . . . day one
Wed . . . . . . . . day two
Thur . . . . . . . . day three / pick up
 
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Sigh... I know. I never got one because I work for the Feds and they won't allow me to bring a gun any where near work.
Click to expand...
Having a carry permit does not require your to carry any more often than what you currently do. Better to have it and not need it...
 
Also if you make a full or partial payment when you order the gun you do not have to wait another 3 days. My LGS owner told me that the minute you make a payment on a gun you are showing intent to purchase and that starts the 3 day wait.
 
Your dealer probably had you wait unnecessarily.

Reason 1
The waiting period law (Fla. Statutes 790.33) applies only to walk-in retail sales; i.e., the gun was already sitting in a display case and you said "OOH, gimme!" Your purchase is a transfer and not a "walk-in" retail sale by virtue of you ordering the gun.

Reason 2
Current firearms owners are exempt from the wait if they can prove they own another gun by purchase receipt or previous transaction with the dealer. (Fla. Statues 790.33(d)(2))

Reason 3
In Florida, the 3-day wait begins at "purchase," which Florida defines as the "transfer of money or other valuable consideration to the retailer." Therefore, you could argue that the retailer was AIM Surplus and therefore the purchase took place when they charged your credit card. However, the official interpretation also has the phrase "delivery at retail" which conflicts with the interpretation above.
 
When I special ordered my first gun, before I had a CWP, the waiting period started the day I ordered it.

When it arrived, I picked it up, no problems.

Is the law different in JAX?
 
Reason 2
Current firearms owners are exempt from the wait if they can prove they own another gun by purchase receipt or previous transaction with the dealer. (Fla. Statues 790.33(d)(2))
Click to expand...

I gotta find that statute and print it out. I buy my guns from the same guy and I ALWAYS have to wait 3 days for handguns.
 
XDKingslayer ,here it is:790.33(d)(2).

http://www.crimdefend.com/lawyer-attorney-1163806.html

Home > Practice Areas > Criminal Defense > Firearm Charges > 790.33 Field of regulation of firearms and ammunition preempted.
790.33 Field of regulation of firearms and ammunition preempted.
(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."

History.--ss. 1, 2, 3, 4, ch. 87-23; s. 5, ch. 88-183.
 
According to my FFL as soon as you put money down the 3 day wait starts. Before I got my ccw and they had to order me my glock I put half down and as soon as it came in a few days later they call me, I pick it up, pay the rest and take it home. I dunno how that works with transfers.
 
I’ve had different dealers do different things with both online buys and buys made from the dealers’ stock. I honestly believe most dealers have no idea what the correct procedure is.

I orded a CZ82, M1895…
Click to expand...

FWIW an 03 FFL/C&R would have at least allowed those two pistols delivered to your door. :cool:
 
I had a discussion about the Florida waiting period today with the owner of the local gun store/firing range. We have purchased two pistols from this man in the past six weeks, one in each of our names. We buy our ammo there. We shoot on his range regularly. I am signed up for my upcoming CCW class there. I mentioned that I was glad that the Florida waiting period only applies to the first weapon. He informed me that that wasn't true. I pointed out the law. He said "How do I know that you still have possession of those weapons? Every time you buy you have to have a waiting period. You could show me the gun and the receipt, but who is to say that you didn't sell the gun to your brother-in-law last week and borrow it back to bring in today?It isn't worth my FFL to do it any other way." Even if you had the receipt, even if you brought the weapon in with the reciept, he would not let you walk out the door without the three day wait unless you had a CCW permit, even though the law clearly states that prior purchases from that dealer OR receipt from a prior firearms purchase exempts you from the waiting period. Maddening. This is CYA taken to a paranoid level.

I think I might buy my next weapon elsewhere...
 
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