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erik_26
07-23-2011, 7:04 AM
Is there anyway to create an exemption to the 10 day waiting period when buying a gun?

I don't like it, but can somewhat support the intention. However, I think it should only be for the first firearm purchase.

Once you already have a gun, nothing is stopping you from doing any of the "evil- things" they might think you would do in those 10 days.

After your first it should be a quick check that you aren't newly prohibited and then off you go with your new gun.


Would this be a 'when you gotta sue every mother f***** in the room' or a 'find a assembly or senate member to propose legislation'?

the big ravioli
07-23-2011, 7:06 AM
I think it should only be for the first firearm purchase.

I 2nd that!

BannedinBritain
07-23-2011, 7:11 AM
This argument has been around the block many times...obviously people only commit crimes with a gun they just bought...and not with the arsenal they already have at home.

IIRC there are maybe one or two States that waive the waiting period for handgun purchases if you have a CCW or some other document. That of course will never happen here in Kalifornia.

SigAlert
07-23-2011, 8:22 AM
If a LEO can access my record at 11pm on the side of the road in a cruiser, then a retailer should be able to do it as well. It should be as simple as running a credit card.

Either you're prohibited, or you're not.

tenpercentfirearms
07-23-2011, 9:15 AM
I am ten day wait exempt and I am not LEO.

You just need your FFL and CFD/COE.

hoffmang
07-23-2011, 9:59 AM
This issue is very much on CGF radar. There are some timing issues driving when we'll launch an attack.

-Gene

rero360
07-23-2011, 10:16 AM
If a LEO can access my record at 11pm on the side of the road in a cruiser, then a retailer should be able to do it as well. It should be as simple as running a credit card.

Either you're prohibited, or you're not.

They can, in all other states, the FFL calls in to the NCIS (?) hotline and have the answer in less than 5 minutes. I think the longest I had to wait back in NY was still less than 10 minutes and that was at a gunshow. CA is different in that the FFL sends the paperwork to CADOJ and they wait till the last day of the wait and then call it in (from what I understand)

The only other state that I am aware of that has a waiting period is FL for pistols, and that's 3 days, in NY, who's laws are very similar to CA, there is no wait for anything, cash and carry. Granted there is some quirks with pistols but that's not germane to this conversation.

As far as I remember, the hotline number is on the paperwork you fill out when you buy a gun (44.. forget the last two numbers) if CA didn't have the arbitrary waiting period, the FFL could simply make the call themselves while packaging up the gun for you. I remember buying a rifle from Tall Tales in PA, from the time I decided on the gun I wanted to walking out the door was like 5 minutes, I had more delay with my debit card being read by their machine than with the background check phone call.

Fact of the matter, the 10 day waiting period, or any waiting period for that matter is pointless, useless and does nothing other than frustrate gun owners and makes for extra work for FFLs, it is a restriction on our rights that I guarantee cannot be proven to have a compelling state's interest.

BannedinBritain
07-23-2011, 11:58 AM
SUMMARY OF STATE LAWS GOVERNING WAITING PERIODS

Twelve states and the District of Columbia currently have waiting periods that apply to
the purchase of some or all firearms.

States Imposing Waiting Periods for Purchases of All Firearms

State Waiting Period
California 10 days
Hawaii 14 days
Illinois 24 hours (long guns)
72 hours (handguns)
Rhode Island 7 days

States Imposing Waiting Periods for Purchases of Handguns and Assault Weapons

State Waiting Period
Maryland 7 days
Minnesota 7 days
D.C. 48 hours
Florida 3 days
Iowa 3 days
New Jersey 7 days
South Dakota 48 hours
Wisconsin 48 hours

States Imposing Waiting Periods for Long Guns Only
State Waiting Period
Connecticut 2 weeks

Source: http://www.lcav.org/content/waiting_periods.pdf

Someone want to explain Connecticut to me??? I gotta wait two weeks for my long gun...but I can walk out with a handgun??? :svengo:

aklover_91
07-23-2011, 3:31 PM
I am ten day wait exempt and I am not LEO.

You just need your FFL and CFD/COE.

Does a C&R count?

kgcabs
07-23-2011, 3:35 PM
Does a C&R count?

no.

But with a C and R and a COE you are exempt from the 1 in 30 day handgun limit.

But I have heard this may change????

Cokebottle
07-23-2011, 3:36 PM
Does a C&R count?
03FFL plus COE is exempt from the 10 day waiting period for C&R firearms only.

03FFL plus COE is exempt from the 1-every-30 limit for all firearms, though from some recent posts it looks like someone at the DOJ has been slipping in some "underground regulation" and claiming that the intent of the law was to only exempt C&R handguns and threatening to deny DROS.

I'm hoping that this happens and CGF gets a(nother) chance to lay the legal smackdown on Kamala. :gura:

kgcabs
07-23-2011, 3:37 PM
This issue is very much on CGF radar. There are some timing issues driving when we'll launch an attack.

-Gene

Thank-you!

Cokebottle
07-23-2011, 3:38 PM
But I have heard this may change????
What you have heard is what some people are apparently being told by employees at the DOJ.

It has not been confirmed to have happened, and when it does, CGF will be all over it, because the law says that it IS a legitimate exemption.

dustoff31
07-23-2011, 6:12 PM
They can, in all other states, the FFL calls in to the NCIS (?) hotline and have the answer in less than 5 minutes.

And in a number of those states, if one has a CCW they are exempt from even the call in.

rero360
07-23-2011, 11:25 PM
And in a number of those states, if one has a CCW they are exempt from even the call in.

NY is like that, except a lot of places will still run it anyway as a CYA.

vincewarde
07-25-2011, 10:47 AM
The history on this is in the past (i.e. 30 years ago) the ten day wait was to allow the local law enforcement agency to do a background check. When the dealer needed to do a sale, he or she would notify the local law enforcement agency and they were supposed to check the person out. If the dealer heard nothing, after 10 days they could release the gun to the buyer. I do not know when this changed.

When this was the system, there was a case where a CHP Officer was shot and later died. He stated that he had shot his attacker and they found his body and his gun in the woods not far from where the incident took place. It turned out that it traced back to a gun shop in San Francisco. This was during a time frame when SF was trying to ban handguns.

The buyer - the dead guy - had a long mental health history and was a prohibited person. The dealer had notified SFPD and had heard nothing back, so after the 10 days he released the gun to the buyer. So the investigators contacted SFPD. After a lot of evasion, it came out that they were not doing any background checks. That's right SFPD just decided not to do them. They said that they just didn't have the funds. Unbelievable but true.

In any case, the 10 day wait originally was needed to complete the background check. Now the anti-gunners see this as just one more barrier to gun ownership. They talk about a "cooling off period" in case someone wants to buy a gun to kill someone. We all know how dumb that is. Hopefully as our 2nd amendment rights are clarified and confirmed this will go away.

monk
07-25-2011, 11:25 AM
If they give retail stores the authority to do BG checks they would have to simplify their access so that it just shows a name, DL/ID #, and birthdate, plus a big ol' notice saying "not allowed to own firewarms" or something of the sort. Last thing I want, to be honest, is for more people to have access to my personal info unless I specifically give them authority that second.

That wont happen though.

stix213
07-25-2011, 12:29 PM
I can't see a 10 day wait period standing long term. Even the 9th circus should agree that denying someone a firearm that they have purchased impacts the core right the 2nd amendment protects. You can even use the insane "2nd amendment only protects a handgun in the home" interpretation and come to the same conclusion, cause you want one for the home, you bought one, but its stuck at the store.

monk
07-25-2011, 12:49 PM
Unless they can argue that only LE should have access to those checks. However, because they are so behind for whatever reason they come up with, it takes 10 days.

rero360
07-25-2011, 1:29 PM
If they give retail stores the authority to do BG checks they would have to simplify their access so that it just shows a name, DL/ID #, and birthdate, plus a big ol' notice saying "not allowed to own firewarms" or something of the sort. Last thing I want, to be honest, is for more people to have access to my personal info unless I specifically give them authority that second.

That wont happen though.

You don't seem to understand how it works, You fill out the 4473 at the gun store, just like you do know, the FFL picks up the phone and calls the hotline for the NICS, they give your information to the individual on the other end from the 4473, then the NICS person runs the check, if you get approved, they tell the FFL the sale is a go, if you get denied they tell the FFL to not proceed with the sale.

Thats it, the FFL isn't told why you get denied if you do, they don't get told anything from the NICS person other than GTG or not. The FFL never learns of any of your info other than what you wrote down on the 4473.

Like I said above, its a 5 minute process, tops. FFLs make the call themselves in every single state except CA as far as I know. Additionally, as far as I know CADOJ sits on the 4473 until the last day of the 10 day wait before calling up NICS, there is no function of the 10 day wait other than to make life difficult for you, the gun owner.

ZirconJohn
07-25-2011, 1:37 PM
I am ten day wait exempt and I am not LEO.

You just need your FFL and CFD/COE.

HHhahahaaa... :laugh: That's what I was gonna say :smilielol5:

monk
07-25-2011, 1:40 PM
That works. Actually, someone told me a while back that the 10 day waiting period was a sort of "buffer". Basically, say a guy just barely found out his wife was having an affair with his brother. He goes ballistic and goes to purchase a hand gun. Any other day he would be a law abiding citizen. Only on this one day, before any LE agencies are notified, he wants to go kill his wife. That 10 day waiting period, I assume is the argument, would mean the guy would either rethink what he is doing, or the issue would play out enough that LE would get involved, thereby barring him from owning a gun for the time being.

That leaves much up to chance and the goodwill of the future criminal though lol.

But I have to agree with your point, this does seem to be a pretty damned obvious obstruction of the 2nd amendment.

ZirconJohn
07-25-2011, 1:41 PM
This issue is very much on CGF radar. There are some timing issues driving when we'll launch an attack.

-Gene

When you decide to "launch the attack"... Mr. Hoffman, count me in... please
put me on the list of 'foot soldiers' and I am there... I mean it Sir...!

So, until then... I shall remain.

jd

rero360
07-25-2011, 1:52 PM
That's still a bogus argument, hyperbole and what ifs are not acceptable in denying all of us our enumerated constitutional rights. A right delayed is a right denied.

In the scenario you stated, just because the dude doesn't have access to a gun doesn't mean he wouldn't still kill his wife and or brother, there are hundreds if not thousands of objects in the average house you can kill someone with relatively easily, never mind your bare hands. Additionally, the guy comes home to finding his wife and brother knocking boots, unless he snaps and does something rash (not that I would blame him) how and why would the police get involved at all? How and why would he become a prohibited person unless he were to cause harm to them?

As an aside, I refuse to have my rights infringed upon to help protect unfaithful spouses. Right or wrong, me personally, if I was to be on a jury for a murder trial for the above scenario, or something similar, I would give the defendant a lot of leeway.

de1911
07-25-2011, 2:08 PM
IIRC there are maybe one or two States that waive the waiting period for handgun purchases if you have a CCW or some other document. That of course will never happen here in Kalifornia.

Most states don't have a waiting period. The alternative approach (while still being restrictive with firearms) is to have a licensing process where someone gets a license to own guns and then can get guns, ammo, etc without a wait. I know some people in MA that have permits which allow standard cap mags, ammo purchases, etc.

Josh3239
07-25-2011, 2:10 PM
There are several problems with that belief. The first is that gun ownership is a privledge, it is a right given to us by our Creator and protected by the Constitution in the same exact way speech is. And second, you assume that criminals buy their guns at gun stores and go through a background check just like everyone else.

Additionally, waiting periods kill people. The people who need the gun that day, are the people that truly need it and it is those people that the waiting period kills. Whether it is the conviencence store owner who keeps getting violently robbed, a young women who getting threatened by her ex-husband/boyfriend, etc, etc, the situations that one would need a gun quickly goes on and on. We've even seen threads on here of people who have posted that their relatives have been threatened and they loaned or gifted them a gun.

It is a fact that zero waiting period + instant check is by far the most effective way to uphold the 2A and keep guns out of criminal's hands.


I don't like it, but can somewhat support the intention. However, I think it should only be for the first firearm purchase.

I 2nd that!

Cokebottle
07-25-2011, 3:39 PM
If they give retail stores the authority to do BG checks they would have to simplify their access so that it just shows a name, DL/ID #, and birthdate, plus a big ol' notice saying "not allowed to own firewarms" or something of the sort. Last thing I want, to be honest, is for more people to have access to my personal info unless I specifically give them authority that second.

That wont happen though.
That is exactly how handguns are sold in 30+ states that have no waiting period.