Ga waiting period?

[bender01]

Attended local show today with my 19 year old in Savannah Ga. We are SC residents.
My son wanted to buy his own shotgun but was told there is a new 10 day waiting period starting last Jan for under 21 year olds.
I searched and cant find this rule as they said it was an ATF rule not a law???
No he does not have a CWP yet. Could that be the reason?
Thanks

 

[alfsauve]

Ho boy. I just went searching on-line and BE WARNED, some of the info out there is flat out wrong. (Okay. Okay. We all know that, but reiteration can't hurt.)

One website, supposedly an attorney, says that "machine guns" and "silencers" are illegal, which they are not with appropriate federal paperwork. So I'd be careful about any other info you receive on-line.

I walked away from a good deal in an adjacent state because of the local waiting period. Not that I couldn't wait, I wasn't going to make the drive back.

 

[earlthegoat2]

One thing which has changed since July 1 is a NICS check is required now even if we have a GA Weapons Carry License.

I have definitely bought a gun 2 weeks ago and walked out with it after a NICS check. No waiting period that I have heard of.

 

[12Bravo20]

Actually the 10 day waiting period for people that are 18-20 years old is part of the Bipartisan Safer Communities Act (BSCA) of 2022

``(iii) <<NOTE: Notification.>> in the case of such
a person with respect to whom the system notifies the
licensee in accordance with clause (ii) that cause
exists to further investigate a possibly disqualifying
juvenile record under subsection (d), 10 business days
(meaning a day on which State offices are open) have
elapsed since the licensee contacted the system, and the
system has not notified the licensee that--

This is in section: 12001 (a) (1) (C)

https://www.congress.gov/bill/117th-congress/senate-bill/2938/text

 

[alfsauve]

Here we go with more info that spreads FUD.

GA is an approved alternate form of ID state. From the FBI web site.

https://www.fbi.gov/file-repository/nics-participation-map.pdf/view

maybe earlthgoat2 yours had expired or that store has decided not to participate.

 

[MEHavey]

This is in section: 12001 (a) (1) (C)
https://www.congress.gov/bill/117th-congress/senate-bill/2938/text

I'm not seeing a default 10-day/under-21/waiting period unless "...there is cause for further investigation...."
Am I reading that incorrectly?

 

[CapnMac]

Ok, scanning GA law, it turns out this exists:

Part 2 – Possession of Dangerous Weapons
Section 16-11-120. Short title.
This part shall be known and may be cited as the "Georgia Firearms and Weapons Act."
Section 16-11-122. Possession of sawed-off shotgun or rifle, machine gun, silencer, or dangerous weapon prohibited
No person shall have in his possession any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer except as provided in Code § 16-11-124.
Section 16-11-123. Unlawful possession of firearms or weapons.
A person commits the offense of unlawful possession of firearms or weapons when he or she knowingly has in his or her
possession any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer, and, upon conviction
thereof, he or she shall be punished by imprisonment for a period of 5 years

Going through NFA is an exception through Section 16-11-124

Going to 18 USC 922(t) the Federal Code reads, in part(emphasis added):

(t)
(C) in the case of a person less than 21 years of age, in addition to all other requirements of this chapter—
(i)
the system provides the licensee with a unique identification number;
(ii)
3 business days (meaning a day on which State offices are open) have elapsed since the licensee contacted the system, and the system has not notified the licensee that cause
exists to further investigate a possibly disqualifying juvenile record under subsection (d); or
(iii) in the case of such a person with respect to whom the system notifies the licensee in accordance with clause (ii) that cause exists to further investigate a possibly disqualifying juvenile record under subsection (d), 10 business days (meaning a day on which State offices are open) have elapsed since the licensee contacted the system, and the system has not notified the licensee that—
(I)
transferring the firearm to the other person would violate subsection (d) of this section; or
(II)
receipt of a firearm by the other person would violate subsection (g) or (n) of this section, or State, local, or Tribal law;

As I read that, the ten day hold only occurs if the system used (NICS or State) kicks back a potential juvenile record.
As I remember the haggling over this very recent change that added (t), that the original version mandated all 18-20 had to wait 10 days.
As presently published (ii) applies unless (iii) occurs.

This does not prevent people from hearing things wrongly, or adopting policy not backed by law, but asserting that anyway.

 

[12Bravo20]

I am not going to try and interpret the new law since I no longer hold a FFL nor am I a lawyer.

AS it reads, The wait can be up to 10 days. The big question, is a waiting period of 10 days mandatory for every transaction or only if further investigation is needed.

 

[earlthegoat2]

Here we go with more info that spreads FUD.

GA is an approved alternate form of ID state. From the FBI web site.

https://www.fbi.gov/file-repository/nics-participation-map.pdf/view

maybe earlthgoat2 yours had expired or that store has decided not to participate.

Not expired and I have bought from that store before with my CWP and no NICS immediately prior to that and for a long time. I don’t know what to tell you or anyone else other than that is what happened. The store had a sign up saying as of July 1 they were doing NICS checks on everyone.

 

[alfsauve]

Sounds like a decision by the store.

Without the NICS bypass I might not bother with the license, except for the reciprocity aspect. Of course it‘s a form of secure ID that can be used for things like voting. Havent tried it on TSA yet.

 

[earlthegoat2]

Sounds like a decision by the store.

Without the NICS bypass I might not bother with the license, except for the reciprocity aspect. Of course it‘s a form of secure ID that can be used for things like voting. Havent tried it on TSA yet.

That has always been the main reason I have the CWL as well.

I have actually tried using mine as an alternate form of ID and those folks weren’t accepting it for whatever reason. It is a government issued photo ID so I couldn’t see the problem but once again, it may have just been their policy.

I don’t know if you visit the GON forum but I started a post there about it and they are of the same opinion as you in that it must just be a store policy. I explained further there about it so I won’t muck this thread up anymore with that.

More pertinent to this thread though is that I have not seen or heard anything about a 10 day waiting period but some corroboration was posted earlier in the thread.

 

[12Bravo20]

The 10 day waiting period is part of the Bipartisan Safer Communities Act (BSCA) of 2022 which I posted a link to. And CapnMac also posted the pertinent section of 18 USC 922(t) concerning the 10 day waiting period. So there is no guessing that there is a 10 day waiting period for 18-20 year olds. Now if the background check comes back good right away then the FFL can proceed with the transfer. The 10 day period kicks in if the BGC requires further investigation.

And by the sound of things, the FFL in question has either misinterpreted the changes or decided that he/she would make everyone 18-20 wait 10 days. If the FFL made that decision to change store policies, that is on the FFL.