# 3 day waiting period when trading?



## bama99 (Dec 20, 2009)

I'm confused on this. I traded a handgun and some cash for another handgun last week at one local dealer and was able to take it home that day. He said if you are trading one handgun in on another the 3 day waiting period does not apply.

Today I purchased another handgun at a different local dealer. I also traded a handgun with some cash and he said the 3 day rule applies on trades as well. He even called the ATF to be sure and they said the 3 day waiting period applies.

I would think the ATF would be the final authority on that but the first dealer is well known who has been around a while and deals in a high volume of handguns. I can't imagine they wouldn't know the law. Anyone have any insight on this?


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## T140 (Nov 20, 2007)

My understanding is only those with concealed carry permit are exempt from 3 day waiting period for handguns.


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## bama99 (Dec 20, 2009)

T140 said:


> My understanding is only those with concealed carry permit are exempt from 3 day waiting period for handguns.


I imagine you are right and whoever he talked to at the atf confirmed it today. Maybe there is ambiguity in there somewhere depending on how one interprets it. I can see the logic that if one already had a handgun there shouldn't be a wait however. The law was intended as a cooling off period if someone may be in a rage and not thinking clearly. If they already have a handgun then they will most likely just use it not be looking to horse trade in the middle of a homicidal rage. That being said I don't agree with the law at all. What if someone is in immediate danger and needs a gun for protection. I guess by a shotgun and hunker down for three days until you can pick up the handgun which can be concealed.


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## jmsiv (Oct 13, 2011)

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:


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## Crab Man (Oct 21, 2011)

It's because if you already have a handgun to trade in, you don't need a a cooling off period or "time to think about it." If you where gonna go do something stupid you would just use the gun you already have. Once you do the wait at a store they don't usually make you wait if you buy another one, because you already have one.

The 3 day thing makes wonder though, because I put the money down on a bulldog on monday and they told me to pick it up on friday. That's a four day wait.


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## Gravity3694 (May 10, 2011)

The three day wait doesn't include weekends and officially counts a day if you begin before 12pm.

I would think that the above shop might have been strong armed by the ATF. I've seen several shops in the area that make up rules out of the same fear. If I recall correctly FDLE is the final authority on three day wait regulations, such as what counts a day.

Either way, just get a permit you don't have to deal with this garbage.


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## bigbulls (Mar 12, 2008)

Ok, the ATF has absolutely nothing to do what so ever with a waiting period in Florida. This stupid assed law is a Florida state law and part of the state constitution (unfortunately). I guess the state figures it's ok to go home and murder someone with a shotgun but you have to wait to buy a handgun. Idiots!

If you are trading a hand gun in on another hand gun in the state of Florida or if you have a valid Florida CWP you are exempt from the Florida 3 *business* day waiting period.

The waiting period does not include the day of purchase, official holidays, or weekends. This is why I say *business* day. The time of day you purchased the handgun has absolutely nothing to do with when you can pick up your handgun or when your time starts.

If you buy on Monday the pic up day is Thursday.
If you buy on Tuesday the pick up day is Friday.
If you buy on Wednesday the pick up day is the following Monday.
If you buy on Thursday the pick up day is on the following Tuesday.
If you buy on Friday the pick up day is on the following Wednesday.
If you buy on Saturday or Sunday it is if you bought on Monday and the pick up day would be Thursday.



> Once you do the wait at a store they don't usually make you wait if you buy another one, because you already have one.


You're still suppose to wait the 3 days. Which ever store is allowing this is skating thin and risking going to jail and loosing their firearms business.

Section 8 of the Florida constitution.


> SECTION 8. Right to bear arms.—
> (a) The right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law.
> (b) There shall be a mandatory period of three days, excluding weekends and legal holidays, between the purchase and delivery at retail of any handgun. For the purposes of this section, “purchase” means the transfer of money or other valuable consideration to the retailer, and “handgun” means a firearm capable of being carried and used by one hand, such as a pistol or revolver. Holders of a concealed weapon permit as prescribed in Florida law shall not be subject to the provisions of this paragraph.
> (c) The legislature shall enact legislation implementing subsection (b) of this section, effective no later than December 31, 1991, *which shall provide that anyone violating the provisions of subsection (b) shall be guilty of a felony.*
> ...


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## bama99 (Dec 20, 2009)

jmsiv said:


> 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).
> 
> ...


Do you have a link to this so I can show them? They already have my trade-in and I would like to go to the range this weekend. Weekdays don't count so I was told it would be tuesday.


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## Crab Man (Oct 21, 2011)

So I'm wondering if the gun I paid for on monday should really be ready for pick-up tomorrow instead of the 30th like they printed on the bill of sale?


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## bama99 (Dec 20, 2009)

This pisses me off. So whoever he talked to on the phone at the ATF decided to take it upon his or herself to make up a law all on their own and not check the state statues or inform him they have no authority over the process. I don't blame the shop because they were just covering their ass just in case.

This is so typical of the abusive power of government. Government agencies think they give us rights instead of protecting them. 

As far as I can tell there is only one candidate in this upcoming election who is for protecting our rights. He is a doctor and the only one of them that have ever done an honest days work and served in the armed forces as well. Something to think about in this upcoming election as more and more of our rights are being striped away by democrats and republicans alike. I will be casting a vote for Dr. Paul this go round.


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## bama99 (Dec 20, 2009)

Crab Man said:


> So I'm wondering if the gun I paid for on monday should really be ready for pick-up tomorrow instead of the 30th like they printed on the bill of sale?


The way I read the statue is the day you buy doesn't count. So you would have tues, wed, and thursday to wait and then pick up on friday. I'm going through Capt. Ron's course next week so I won't have to worry about this crap in the future.


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## Mac the Knife (Nov 29, 2009)

*Batf*

As far as asking the BATF ( Fast and Furious )a question , You can call 5 different offices and get Five different answers, Its Just Like police officers ,They each interpet the laws as they see them. I was standing next to the BATF table at the last Pensacola show when a non gun vendor came up to them and asked if he could sell his private Gun to an individual at the show and how should he do it . They( Two agents) told him he *HAD TO* Pay a local dealer to transfer it for him and call in for a background check ? WOW! , I just shook my head and walked off. :blink:


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## scubapro (Nov 27, 2010)

Yeah, those were the same ATF agents that told me that I couldn't get an FFL without a *retail storefront* location... It wasn't until I told them that they would be making me break Federal law by buying and selling guns for a profit *without* an FFL if they chose to deny me an FFL for a home-based internet only business. They caved in and handed me an FFL application package.

After the fast and furious debacle, I think that I will just stick to my "hobby" of self-supported gun collecting by buying and selling things that I want for my personal collection -- rather than opening myself up to their inspections and oversight as an FFL.


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## jmsiv (Oct 13, 2011)

bama99 said:


> Do you have a link to this so I can show them? They already have my trade-in and I would like to go to the range this weekend. Weekdays don't count so I was told it would be tuesday.


I pulled it straight off of the Florida State Statute website. Any web search will take you right to it.


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## aaronious45 (Dec 15, 2011)

I still don't get the 3day wait, if you're that steaming mad, wouldn't you just buy a long gun?:whistling:


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## Kascus (Dec 27, 2008)

The 3 day period also applies to police officers. Imagine an officer that works for an agency that requires the officer to provide their own duty weapon. They have an issue with their weapon and need a replacement for work. They will have to borrow a weapon from someone till they can get a replacement. This law is screwed up.


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## MrFish (Aug 21, 2009)

The three day wait sounds like a FL statute, not a Federal one. I don't wait three days in AL. I pay, they call, I leave with it. So, I wouldn't count on a Federal agency to tell you what the state laws are.


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## skullworks (Oct 2, 2007)

I've never waited three days to pick up a handgun since they started instant background checks. I do live in Alabama though.


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## collectorden (Jun 2, 2011)

Crab Man said:


> So I'm wondering if the gun I paid for on monday should really be ready for pick-up tomorrow instead of the 30th like they printed on the bill of sale?


Monday Dec 26th was the official Christmas Holiday, 
so it's like you bought on Tuesday.


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## TURTLE (May 22, 2008)

skullworks said:


> I've never waited three days to pick up a handgun since they started instant background checks. I do live in Alabama though.


*Even if you lived in Fl you would not have to wait three days if you get to know your dealer. It's their decision whether or not to make you wait.*


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## bigbulls (Mar 12, 2008)

> *It's their decision whether or not to make you wait.*


Oh no it's not. It is Florida state constitutional law to wait three days for handgun purchases. Period. 

Alabama has no waiting period for gun purchases.


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## jmsiv (Oct 13, 2011)

TURTLE said:


> Even if you lived in Fl you would not have to wait three days if you get to know your dealer. It's their decision whether or not to make you wait.


The three day wait in Florida is mandatory. Interesting comment...


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## bigbulls (Mar 12, 2008)

jmsiv said:


> The three day wait in Florida is mandatory. *Interesting comment...*


Yeah it is, I wonder which store is conducting business illegally.


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## Splittine (Nov 24, 2007)

TURTLE said:


> *Even if you lived in Fl you would not have to wait three days if you get to know your dealer. It's their decision whether or not to make you wait.*


I'd like to know who does that.


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## K-Bill (May 14, 2009)

TURTLE said:


> *Even if you lived in Fl you would not have to wait three days if you get to know your dealer. It's their decision whether or not to make you wait.*


you have a CCW dont you? and i assume your regular dealer knows you have that?


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## MrFish (Aug 21, 2009)

K-Bill said:


> you have a CCW dont you? and i assume your regular dealer knows you have that?


That makes more sense, than the dealer risking his FFL and jail time.


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## Pinksnappertrapper (Dec 7, 2007)

There is no wait period selling form person to person as long as they have a cwp or you go to the clerk of court and do a check on them to make sure they have no felonys.


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## MrFish (Aug 21, 2009)

They are talking about buying from a dealer.


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## bigbulls (Mar 12, 2008)

Pinksnappertrapper said:


> There is no wait period selling form person to person *as long as they have a cwp or you go to the clerk of court and do a check on them to make sure they have no felonys*.


There is no legal obligation to go to the clerk of court to do a background check or that the buyer has a CWP to conduct a private sale. 

There is no requirement other than you can't knowingly sell to a person prohibited from buying or owning.


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