All this talk about waiting periods...

[coltle6920]

Some people think I have too much time on my hands to come up with my questions but I'm always reminded of "Murphy's Law".

So you purchase a firearm but your State has a waiting period. What happens with the purchase if you are denied?

If you buy at a brick-n-mortar store chances are you'll be refunded your monies.

If you buy online at a site like Bud's you'll probably still get your monies back but maybe less a return shipping fee.

Lastly, you buy from an individual on one of those auctions or maybe from someone here in the Forum. This wouldn't concern most of us here but there could be a newbie tuned in that is buying their first firearm and unsure of whether or not the 4473 will clear NICS.

Would it be best to have some agreement in place incase you are denied?

 

[Chubbs103]

In other states I have lived in, the waiting period doesn't apply if you have a CCW, so no help there.

Here in CA, you do the paperwork and background check, then the clock starts on the 10 day wait. I have a 1943 S&W Victory with 3 days left in jail right now.

 

[Old 44 Guy]

Yeah Chub. The state we live in sucks. Not like other states. Some are better and some are worse. Change pols and diapers when needed.

 

[Rudi]

Sure chaps my hide that morons think waiting periods cold ever reduce crime.

 

[TIMETRIPPER]

Good questions. Here in Pa a NICS check on me rarely takes more than 5 minutes, especially if online. However, my neighbor, for whatever the reason, will often wait hours for his to go through. We often go to shows together and several times both of us have bought gun on the same trip. He is always waiting while mine takes but a few moments. I have a carry permit, he doesn't, so I wonder if that has a bearing on it. But he has never been denied.

I wonder what happens when there is a denial. Is it a PIA for the FFL doing the transfer?

Must the applicant be reported to the "authorities"?

If it is a transfer between two private parties by a third party FFL what is the protocol after a NICS denial?

Inquiring minds would like to know so any input by those in the know would be greatly appreciated.

John

 

[2152hq]

The waiting period starts After the sale is completed which includes the 4473& Nics check.

If you are buying face to face from an FFL
You get to 'buy' the gun, do all the paper work, get cleared through NICS, probably pay in full. Then see the gun walked off down the hall to the Gun Jail at the FFL's premises for the wait.

If you are buying on-line (like from Bud's) the gun would be shipped not to you directly (unless you have an FFL).
But instead to an FFL in your State.
It is from that FFL in your State/locality that you then pick the gun up from.
That FFL is the one that will do a 4473 and NICS check on you to 'purchase the firearm.

If a deny is recv'd from NICS, then the arrangements must be made betw you and the FFL/person you bought it from to ship it back.
The recv'g FFL should not have to pay the shipping cost(s) to return it.

The recv'g FFL cannot keep it. It was transfered to him/her so that it could be transfered to you (a 3rd Party Transfer). That is what their logbook shows.

The Denied customer will want their $$ back since they can't get the gun.
The Seller won't refund unless he gets his gun back.
It can be a big cluster.
Even more if the recv'g FFL took the gun in from a non-FFL (which is entirely legal). But it gives him no one to send the gun back to. It needs to go to an FFL at the Sellers end.

If it's a face to face 3rd Party Transaction where an FFL is used to do the 4473/NICS such as necessary in many locations now, a Deny recv'd from NICS simply means the transaction betw the 2 non-ffl partys looking to buy/sell the gun cannot be made.
The potential buyer is Denied to purchase of a firearm.
They both walk away. (No, FFL's aren't supposed to hold them for the Cops)

The FFL must keep the completed 4473 done by the Denied 'buyer'.
It contains not only all the personal info they filled out and the yes/no question answ. But also the NICS transaction # issued for that particular called-in transaction.

If the face to face 3rd party was a Proceed, But the locality has a Waiting Period in effect, then the firearm does not get physically transfered to the Buyer. But remains with the FFL for that period.
The 4473&Nics is all done, but you have to go pick the gun up from the FFL when the Waiting Period is over.
Waiting Periods are not any part of Federal Regs. They are State and Local laws.

 

[Smoke]

Sure chaps my hide that morons think waiting periods cold ever reduce crime.

They're not trying to reduce crime, they're trying to disarm you.

 

[Greyman50]

Thank God I have lived in Free States and Commonwealth, always had a CCW. Every time the dealer calls in the NCIC check he says, " expect up to 2 hours wait". NCIC check comes back in 2-3 minutes and they look at me funny LOL.