Question for FFL holders on three-day waiting period for transfers

[Kingknives]

I just renewed my FFL after being out of the business for about 10 years, and would like to hear other dealers opinion on when the three day waiting period starts on transfers from out of state and in state.

My BATF agent says the wait starts when the background check is done, but the FDLE, that manages the state NICS, states the wait starts when there is a "transfer of money or other valuable consideration to the dealer", and the background check can be done at any time.

My interpretation has been that the waiting period starts when the buyer fills out his 4473. I'm receiving a transfer from another Florida dealer who told the customer that the waiting period started the day he paid for the gun. And the BATF says something different

So how do you interpret the waiting period start time?

Does it start when the buyer purchases the gun?

Does it start when ypou receive the gun?

Does it start when the 4473 is filled out?

Or when the background check is done?

Thanks in advance for any comments.

Joe

 

[Kharn]

Uh, which waiting period are you asking about?
If you are "delayed" on the NICS check, you can wait three days (business or normal, I forget) and then pick up your gun if the NICS people have not called back with a response. This starts when the 4473 is filled out and the NICS call occurs
Under Florida law, there's apparently a seperate 3 day waiting period on handguns. Here's a link to what appears to be the AG's opinion on the matter. In the link, there's a quote:

"There shall be a mandatory period of three days, excluding weekends and legal holidays, between the purchase and delivery at retail of any handgun. For the purposes of this section, 'purchase' means the transfer of money or other valuable consideration to the retailer, and 'handgun' means a firearm capable of being carried and used by one hand, such as a pistol or revolver. Holders of a concealed weapon permit as prescribed in Florida law shall not be subject to the provisions of this paragraph."

In my non-lawyer opinion, the purchase would occur when the guy paid you for your services (the transfer fee).

Kharn

 

[Kingknives]

I just mean the normal waiting period between purchase and pick-up.

Thanks for the link btw.

Your opinion concurs with mine. Pay the fee, fill out the form and start waiting.

Joe