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3 day wait vs. FFL03 License

Discussion in 'Florida Glockers Club' started by SW.FLA.glocker, Jun 4, 2007.


  1. SW.FLA.glocker

    SW.FLA.glocker
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    In Fl we have a 3 day waiting period which can be waived if the buyer has a concealed weapon permit. Can this also be waived if the buyer has an FFL03 license?
     

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  2. Mr. Blandings

    Mr. Blandings
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    NO. A Type 03 FFL "Collector of Curios and Relics - pertains exclusively to firearms classified as curios and relics, and it's purpose is to facilitate a personal collection. It is NOT a license to buy and sell curios and relics. 18 U.S.C 923(b) (Quoted from ATF.gov >click for link<.).

    Thus, a sale to a Type 03 FFL is a "sale at retail" (since the holder of the Type 03 FFL is the consumer), and is NOT exempt from the 3 day wait.
     

  3. tlrbud

    tlrbud
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    My understanding is that if the item being purchased is a C&R, and if the buyer presents a C&R license, he may take possession immediately and without a NICS check.
     
  4. Usingmyrights

    Usingmyrights
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    Still have to do a 4473 for the shops records though.
     
  5. Court in FL.

    Court in FL.
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    As far as I can see there is no exemption for the holder of a C&R license.

    Best if you just get your Concealed Weapon License.

    Court in FL.

    This is from the Florida section of the ATF state regs.

    http://www.atf.gov/firearms/statelaws/26thedition/index.htm

    790.0655. Purchase and delivery of handguns;

    mandatory waiting period; exceptions;

    penalties.

    (1)(a) There shall be a mandatory 3-day waiting

    period, which shall be 3 days, excluding

    weekends and legal holidays, between the purchase

    and the delivery at retail of any handgun.

    "Purchase" means the transfer of money or

    other valuable consideration to the retailer.

    "Handgun" means a firearm capable of being

    carried and used by one hand, such as a pistol

    or revolver. "Retailer" means and includes every

    person engaged in the business of making sales

    at retail or for distribution, or use, or consumption,

    or storage to be used or consumed in this

    state, as defined in s. 212.02(13).

    (b) Records of handgun sales must be available

    for inspection by any law enforcement

    agency, as defined in s. 934.02, during normal

    business hours.

    (2) The 3-day waiting period shall not apply in

    the following circumstances:

    (a) When a handgun is being purchased by a

    holder of a concealed weapons permit as defined

    in s. 790.06.

    (b) To a trade-in of another handgun.

    (3) It is a felony of the third degree, punishable

    as provided in s. 775.082, s. 775.083, or s.

    775.084:

    (a) For any retailer, or any employee or agent

    of a retailer, to deliver a handgun before the expiration

    of the 3-day waiting period, subject to

    the exceptions provided in subsection (2).

    (b) For a purchaser to obtain delivery of a

    handgun by fraud, false pretense, or false

    representtation.
     
  6. Mr. Blandings

    Mr. Blandings
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    That is correct under federal law, however the Florida state law requires execution of the 4473, call in to FDLE Firearms Purchase Program and three day wait if applicable (applies to handguns statewide, may apply to long guns in some counties due to local ordinance).

    The Type 03 FFL does not authorize the licensee to "deal" in firearms - not even C&R firearms. The transfer of a firearm to a Type 03 FFL licensee is a "sale at retail" under Florida law. Thus, all the requirements of Florida law concerning the sale of firearms apply.
     
  7. SW.FLA.glocker

    SW.FLA.glocker
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    If I read that post correctly.... It means that person (A) buys a gun online and has it shipped to me for transfer = purchase. It takes 3 or more days to arrive in which case I may transfer it immediately as the retailer because 3 or more days has passed since purchase?

    Does that seem correct?
     
  8. Court in FL.

    Court in FL.
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    Joined:
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    Location:
    South Florida
    If I read that post correctly.... It means that person (A) buys a gun online and has it shipped to me for transfer = purchase. It takes 3 or more days to arrive in which case I may transfer it immediately as the retailer because 3 or more days has passed since purchase?

    That's the way I handle my transfers, as long as I have something with a date on it that clearly shows when the order was placed.
    I like to have an Email from the customer saying they have just purchased a (make & model of gun) from who ever, please send them your FFL.

    I will then use this Email to start the waiting period.
    The ATF come and check all my 4473's about once a year and the ATF inspector said this was fine.
    I'm in Palm Beach County, so for me it's a five weekday wait.

    But again, best to just get your CWL.

    Court in FL.
     
  9. Mr. Blandings

    Mr. Blandings
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    The FDLE says "the exchange of valuable consideration" marks the beginning of the transaction. The way I used to handle such transactions was to have the customer come into the store, pay the transfer fee/FDLE call-in fee and fill out the 4473. This would begin the transaction. Remember that three business days must elapse (no weekends or holidays). Then have the customer sign the second signature section when they return to pick up the firearm.