Illinois, wait, and buying online

S

Soybomb

New member
Just bought my first handgun online and I'm curious how the waiting period applies. It seems each FFL treats it differently. The one with the best price said the rules are you have to fill out the paperwork and start the wait once the gun comes in to their store. A couple of the others said the paperwork could be filled out when you drop off the envelope for them to mail their license to the seller in since the gun is already paid for at that point. Just curious what the real deal is.

Lets see 4 weeks for FOID, lets say 1.5 weeks for license to be mailed (how archaric, a fax machine and online verification should be allowed, shame on BATF) and gun to come back in, maybe more, and .5 week waiting period. At least 6 weeks in Illinois for someone to decide its time for them to buy a gun to getting one, at least if you shop online.
 
As I understand it (and I haven't read the waiting period section of the statutes for a long time, so take this with a grain of salt and check it out at www.ilga.gov under "statutes"--it's probably in the section headed "deadly weapons" but I have to go take a shower and go to work) the waiting period can't begin before the dealer has possession of the gun. When he receives the gun, he's going to enter it into his bound book. At that point, the gun is part of his inventory and he has both physical and legal possession of it. This is part of the "transfer service" you're paying him to do when you buy a gun from out of state, because you can't legally receive the gun yourself, not having an FFL. Then you "purchase" the gun from him. Most of the time with out-of-state transfers, though, you don't pay him directly for the gun at all, only the transfer fee, which most shops get up front in my experience. Thus when the gun arrives there's nothing left for you to pay, and the FFL usually just times the wait from the day he received the gun and entered it into his book. You'd think he could count the shipping time, and in a sane world it would be from the day you paid the party from which you actually are purchasing the gun, but in terms of the law, you are transferring a gun from your local FFL. Where it came from before that means nothing. There are actually three transactions here, legally:
1. Seller to his FFL
2. His FFL to your FFL
3. Your FFL to you

Anyway, at that point, you can come in and pay for the gun and the waiting period will start. Be advised that not long ago they were talking about making the waiting period a matter of "business days" rather than days (by executive ruling, not by law) so that weekend days and holidays won't count. As I understood it then, it wouldn't matter whether the shop was open on a Saturday or Sunday or not; those are not considered business days regardless. If that's been applied, you could pay on Friday (or Saturday!) and still have to wait until Tuesday or Wednesday to pick up a handgun.
 
Interesting, thanks for the info! To me the logical sense is I paid the seller for the gun last thurs. I've been waiting ever since. :D
 
As you might have noticed in your other thread, if you take what you find logical and reverse it, you have the basic precepts upon which all Illinois law is based.

There's actually a quote out there from a Justice Committee meeting of the general assembly in which the chair actually says that although many people see Illinois weapon laws as restricting the right to self-defense, they result in a lot of arrests, and there would be fewer arrests made if the laws were liberalized, so we just can't do that. It amounts to an admission that the arrest rate is an end in itself, not a means to controlling actual crime--in fact, it's so important an end that if we have to make up new crimes to increase it, that's what we ought to do.
Illinois politics. :eek:
 
Btw in case its useful to anyone I dug up what I believe is the relevant statute. http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K24-3

Relevant text:
(A) A person commits the offense of unlawful sale of firearms when he or she knowingly does any of the following:
........
(g) Delivers any firearm of a size which may be
concealed upon the person, incidental to a sale, without withholding delivery of such firearm for at least 72 hours after application for its purchase has been made, or delivers any rifle, shotgun or other long gun, or a stun gun or taser, incidental to a sale, without withholding delivery of such rifle, shotgun or other long gun, or a stun gun or taser for at least 24 hours after application for its purchase has been made.

From that I believe my FFL is mistaken that the waiting period begins from the time he enters the weapon into his bound book and instead that the waiting period begins from when I fill out the app to purchase following paying for them. When he received the weapon is irrelevant. Agree, disagree?
 
The waiting period in Illinois was originally intended as a "cooling off" period. Don't wanna arm hotheads. If one follows the original intent, the wait should begin when you order it. The reality is they now use these laws in whatever way causes the greatest delay.
 
I've purchased several guns as a 'citizen' of Illinois. Assuming you've already got your FOID (bleh), the turnaround time can be pretty quick.

Through gunbroker, I've gone from bidding to gun-in-hand in <= 5 days.

The FFL I've gone through has always treated the waiting period as starting from the time from which I've given him the order and 'source' FFL. So the waiting period basically amounts to the time for shipment. Not too shabby.

And yes, Illinois and it's whole FOID system can go take a flying leap :)
 
"It amounts to an admission that the arrest rate is an end in itself, not a means to controlling actual crime--in fact, it's so important an end that if we have to make up new crimes to increase it, that's what we ought to do."

Agreed! Arrest the usually law abiding citizen who somehow makes an honest mistake, or really hasn't made a mistake at all, but is the victim of someones eagerness to chalk up another firearms charge, yet plea bargain out the firearms charge against the true BG arrested for a crime involving a firearm!

Case in point:

Recently a Chicago transplant to rural Urbana, IL was finally convicted of drugs charges filed 6 years ago. He was in his car at the time of the arrest and when his home in rural Urbana was searched, two "loaded firearms" were found. At the time of the arrest he was already a known felon, but during the legal process the firearms charges were plea-bargained out!

What message does that send?
 
You must log in or register to reply here.
Back
Top