Waiting period for online gun purchase (Florida)

[SORTINOUSN]

Hi all,

I purchased an ar15 from Sportsmans Guide about a week ago. I'm curious if I'll be able to go down there and pick up my rifle or if I'll have to wait another five days from when my FFL has me sign the background check. I have had some trouble in the past where some FFL dealers make me wait from when I sign and some that just ask for a receipt of purchase and let me walkout the same day. I haven't found really any clarification regarding online purchases and wait periods. The last handgun I bought was stressful to say the least the FFL and I got in to a pretty heated discussion, he wouldn't let me take my pistol despite the fact it was received over two weeks ago. I walked out pissed off, a day later the FFL calls me back and apologizes and tells me I can pick up my pistol, he called the ATF who in fact stated the wait period was from date of purchase. Anyways is there any set in stone rule for these wait periods? I keep getting conflicting information, just curious to hear your experiences.

 

[Armed_Chicagoan]

State laws apply, but FFLs may have their own rules.

In Illinois it's 3 days from when the purchase agreement is made, but some FFLs make you wait 3 days after filling out the 4473.

 

[Niner4Tango]

Welcome to the Firing Line!

The clock starts ticking when the 4473 is submitted to NICS, not when you purchased the rifle. If you fill out a 4473 and the dealer lets it sit on his desk before submitting it to NICS, the clock still does not start until it is submitted. It doesn't matter when you purchased the rifle.

Normally, the NICS check is instant, they say average processing time is two minutes. However, if you get a NICS Delay, you have to allow 3 full business days to pass. The firearm can then been transferred at the discretion of the dealer. For a chart to the Brady Transfer date: https://www.fbi.gov/services/cjis/nics/a-nics-delay

Florida State law: http://www.fdle.state.fl.us/cms/FPP/FAQs2.aspx

The State of Florida does not require a waiting period for the purchase of a long gun.
Individual counties, cities and municipalities have the ability to pass laws that add or lengthen the waiting period for any type of firearm. Please consult your local County Commission for more detailed information.

So, unless you are delayed by NICS, your waiting period is caused either by your Local government, or by your dealer.

 

[FITASC]

The State of Florida does not require a waiting period for the purchase of a long gun.
Individual counties, cities and municipalities have the ability to pass laws that add or lengthen the waiting period for any type of firearm. Please consult your local County Commission for more detailed information.

No waiting for a handgun if you have a FL CWFL; otherwise it is three days for that. I have never waited more than 5 minutes to get any gun from my dealer. FL does not use the national background check; it is done in-house.

 

[CedarGrove357]

According to my local BATFE agent . . .

The wait period starts from the moment an agreement is made between the seller and the buyer.

According to 720 ILCS 5/24-3(g) the waiting period of 24 or 72 hours does not begin until after its application for purchase has been made. The statute defines "application" as:

"For purposes of this paragraph (g), "application" means when the buyer and seller reach an agreement to purchase a firearm."
In People vs. Hurtado, 208 Ill.App.3d 110 (2nd District, 1991), the Second District Appellate Court took the position that "application" was a "request".

When a customer has a gun shipped from another FFL or out of state, when does the waiting period begin? The waiting period starts when the agreement is reached with the seller. It need not be the FFL making the transfer of the firearm. If the firearm was paid for and/or shipped from another FFL, the waiting period began prior to when the FFL conducting the transfer received the firearm.

When the Background check is performed, the result of that determines the next step. IF it comes back PROCEED, then all is good if the term has been met AND CAN BE PROVEN VIA WRITTEN DOCUMENTS. IF the determination comes back DELAYED, then the wait starts over from the time the FTIPS, NICS, Background check was submitted.

All in all, it comes down to the State and LGS' rules and how they want to do business. Obviously a large business doesn't have time or the inclination for more paperwork, therefore they wait for the background check result to start the clock. I get that as the simplest and clearest proof that the customer waited the required period before the transfer takes place. I've been on both sides of the counter as well.

In illinois, I handle my customers, and have been checked and verified, by documenting when they made the agreement to purchase. If an online order, I get a copy of their sales confirmation which indicates the date of purchase [hard proof of agreement]. I attach that to their 4473 when its processed. If they purchase from me, and I have to order, I create a sales invoice that day, order the requested item which takes 2 to 3 days to ship, and then by the time we process the 4473 after the firearm has arrived in my shop, the wait has been met and is documented as long as the background check comes back PROCEED. If not, then the clock restarts and the game continues until either 24 hours for long guns or 72 hours for handguns have passed or I get a proceed result from FTIPS which I have seen take up to an additional 2 days.