Florida 3-day waiting period and internet purchases?

[tobnpr]

Hey guys,

Just went to pick up a rifle and two handguns from the FFL I had them transferred to from Buds...
He refused to release the handguns to me citing the three day waiting period. I explained that the guns were ordered and paid for over a week and a half ago, to no avail.

These are Xmas gifts, and fortunately he's open Friday and I can pick them up then. Because of that, and the fact I'm not 100% sure I'm correct, I didn't make further issue of it.

But I've read the statute carefully. Clock starts ticking upon "purchase"- meaning transfer of money to the seller. The guns were fully paid for- not a deposit- at the time of order. I don't see how him collecting money for the FFL transfer prevents the clock from ticking until then. I believe I should have been able to leave with my handguns (I took the rifle).

Any legal beagles out there?

[brickeyee]

You are not going to win.

You are dealing with a state law so your out of state 'purchase' does not matter.

[tobnpr]

I don't see anything in the statute that distinguishes between an out-of-state purchase, or in-state.
Only that money must change hands, which it did...

[mehavey]

Possession is 9 points the Law. In this case your FFL is erring on the side of the Law that protects him if anyone else has a legal interpretation different from yours.

And given the vagueries of BATF records-checks of late, I can understand his position -- not that it helps.

[a.lol.cat]

Florida's Constitution Article 8 section 1 provides a three (3) business day waiting period (weekends and legal holidays don't count) for the purchase of a handgun unless you are a CWP or it's a trade for another hand gun.

That being said I couldn't find in my copy of "Florida Firearms Law, Use & Ownership" if a "transfer" was considered a "purchase" under Florida law. It seems that the dealer is treating it like a "purchase" and thus the 3 day waiting period on the handguns, as there is no required waiting period on rifles or shotguns.

You'd probably have to write Florida AG to get an opinion on if FFL "transfer" = "sale" per Florida law. But it seems to me the dealer is covering his ass and making all handgun sales w/o CWP wait 3 days.

[MLeake]

.... is to get your concealed permit, and you'll never have a wait in FL again.

[tobnpr]

Yeah, 10-4...
Next on the list.

[Don P]

For what its worth, the seller has no idea whether or not you will pass the back ground check.
The FFL doing the transfer is correct stating the 3 day wait. He is the one doing the back ground check and is also the one that has to answer to the ATF with regards to the 4473 and also follow state law. The transfer is the same as if you walk in buy the gun and have to wait. All the time from payment to "your" FFL receiving the guns does not count toward the 3 day wait.
Simply stated the online purchase in actuallity does not take effect with wait time until the 4473 is filled out and the insta check is done

[lashlaroe]

+1 on the CWP. As easy as they are to get in Florida, there's no reason not to and plenty reasons to get one if you want to own handguns.

I know that you know this now, lol, but this situation illustrates the point.

[tobnpr]

Don,
Makes sense. I thought the only "check" done was the phone call to Tallahassee (or wherever they call) as for long guns. If there is additional background checking that is done for handgun purchases after that, the wait would be self-explanatory.

[a.lol.cat]

tobnpr,
I think you are confusing state and federal gun laws. You have to fill out a Form 4473 & pass an NICS background check for all "modern" firearm purchases, rifle, shotgun and handgun it's an federal law. The 3 day wait is a Florida law, and from what Don is saying the wait starts when you've filled out the Form 4473 and successfully passed the NICS background check. You're not doing a different or additional background check for a handgun, you're just forced to wait 3 days because of Florida law and the stigma attached to handguns.

[hogdogs]

Florida dealers seem to consider the 3 days to begin when the 4473 is called in.

So when you payed Bud's has no bearing on the Fl FFL dealer's part in the "transfer"

Brent

[Dr. Strangelove]

Situations like these are exactly why I was in the process of getting my CCW until I moved from Florida.

[tobnpr]

Well, it is, what it is...

Actually, I have no issue with the three day wait. Might prevent someone from doing something stupid...although you can buy from a private seller here and bypass all of that...different discussion!

Anyway, if there's no additional background checking done other than that done when I pick up a rifle and walk out with it immediately, the additional wait doesn't serve any purpose. It took over ten days for the FFL to receive the handguns from the time I ordered and paid for them- plenty of time to "cool off".

Oh well, laws don't always make sense, do they

[Don P]

Oh well, laws don't always make sense, do they

Nope they sure don't and unfortunately us commoners have to deal and put up with them.
Yep plenty of time to cool off and again" the state does not know that"
CCW permit oh yeah!!!!!!!!!!!!!!!!!

[ClydeFrog]

I'd go look over: www.Mylicensesite.com .
Either NRA.org or atty David Wong's guide to gun & knife laws.

To my limited knowledge, some states require waiting periods for handguns, even if they are purchased with a FFL transfer/sale.
To me it's stupid and pointless to make other firearm license holders(US military/active duty, licensed security/PIs, sworn LE/active or retired, etc) to wait days.
Criminal background checks(NCIC/FBI) only take a few minutes. Concealed carry permits or licenses can speed it up but they aren't the only legal forms of ID or firearms training.