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  #1  
Old 01-10-2019, 12:32 AM
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Default Difference between BG check and Waiting period

I never really thought about it, but I realize that these are actually two separate processes. I always assumed the waiting period WAS the background check.

So I'm curious how long does the actual background check take? Will it be different for Ammo and firearms?

For some reason the words BACKGROUND CHECK makes me think there's a room of people saying things like "pull out the subjects 3rd grade report card" Am I right to assume that there is just a list that's cross checked of people who can't have a firearm? I fear things are going to get really confusing this year.
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Old 01-10-2019, 3:08 AM
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I’m not an FFL, but I did stay at a holiday inn last night...

I’m pretty sure that the BGC can happen as fast as minutes. That’s the way it is in cash and carry states. So kommiefornia added the cooling off period (10 day wait). You know, so people wouldn’t get impulses to do bad things right after buying a new gun.
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Old 01-10-2019, 6:36 AM
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Originally Posted by SonofWWIIDI View Post
Iím not an FFL, but I did stay at a holiday inn last night...

Iím pretty sure that the BGC can happen as fast as minutes. Thatís the way it is in cash and carry states. So kommiefornia added the cooling off period (10 day wait). You know, so people wouldnít get impulses to do bad things right after buying a new gun.
I'm so used to the waiting period, I just thought it was a fully vetted process. And thank goodness, Newsom is looking out for me in case I change my mind and want to pay a restocking fee. Such a swell fella.
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Old 01-10-2019, 7:07 AM
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Yes, in states that don't require a waiting period, the background check is supposed to be instant.

The 10 wait is just cooling off period like you said.

The new ammo background check is supposed to be instant as well, there isn't any waiting period past the time it takes the clerk to scan your ID.

LAX Ammo had a pretty good write up on the ammo law going in affect in July. I don't know how accurate it is.
https://www.laxammooc.com/california...lYnrYqBNSsFogg
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Old 01-10-2019, 8:08 AM
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Here in free states, the ffl makes a phone call and gets approval in a few minutes. If you have a ccw you show them that and that suffices as your background check, and you walk out the door. The entire transaction with a ccw and computer 4473 takes about 5 minutes. Private party individual sales of your personal property is not regulated by the government. Itís the same as buying a lawn mower from your neighbor. Thereís even a craigslist type online ad service for firearms.


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Old 01-10-2019, 9:17 AM
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As a recent emigrant from SoCal to Missouri, I can confirm the background check takes only 7 minutes locally without a CCW. The selection, especially in used firearms, is refreshing.
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Old 01-10-2019, 10:12 AM
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While in Alabama some time ago I ask a person at the gun counter how long the approval to buy takes. He said that it could be as long as 20 minutes so go shop around and we would call you when you are ready to take it home. There only thing was if you bought a rifle/pistol and ammo the store personnel would walk out with you and hand you the ammo while the owner carries his new purchase. That's what happens in a free state
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Old 01-10-2019, 1:34 PM
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I’ve seen the OR version take an honest 50 seconds - more like a delayed credit card transaction.
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Old 01-10-2019, 1:39 PM
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Getting a NICS background check takes minutes here in Texas. No waiting period either. Some of my gun purchases here takes less than 20 minutes.

Also a quicker way in Texas; if one has an LTC (License to Carry), the NICS portion is exempt from the purchasing process, just filling out the 4473 form. I bought a Mossberg Shockwave this way and it took perhaps 10 minutes total.
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Old 01-10-2019, 3:20 PM
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A waiting period has a different purpose than a background check. But in the old days, there was no such thing as an instant background check. (Nothing was online in a way that was usable by the local gun store.) In fact, the waiting period/background check in California used to be 15 days to give the DoJ enough time to run the background check.
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Old 01-10-2019, 4:57 PM
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My FFL says the BC takes less than 2 days. This is based on the fact that every rejection he has gotten back from DOJ has been within 2 days.

As I recall the 15 day wait was a "Cooling Off Period" The justification was to stop pisssed off Gun buyers from buying a handgun on the way home from work and going home to shoot the wife.
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Old 01-10-2019, 5:58 PM
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I propose we do background checks on illegals buying vehicles and a 10 day wait for alcohol.

Getting really tired of the liberal finger always pointed at me pand my legal activities/behavior.
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Old 01-10-2019, 6:00 PM
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here in NV it's instant

3 years i've lived here and never yet have had to go through the BG check either - having a CCW negates having to go through it - not sure if that applies in CA too - CA didn't feel an average joe citizen like me was worthy of self protection

that's a saving of about $25 per firearm purchase - having bought 8 firearms since, i've saved $200 on BG checks - my CCW cost me about $150, so it has paid for itself already
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Old 01-10-2019, 6:49 PM
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I helped my father buy a handgun in AZ: fill out the form, sit and wait 5-10 minutes, leave with gun.
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Old 01-10-2019, 7:59 PM
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Quote:
Originally Posted by plumbum View Post
I’ve seen the OR version take an honest 50 seconds - more like a delayed credit card transaction.
Agreed.

Last time I didn't even get a chance to look at the inventory in the store before it was done.
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Old 01-10-2019, 8:02 PM
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Bought my 2nd silencer Tuesday. Took the paperwork to Metro on MLK. Gave it to lady in the glass front office. Turned to leave and she said wait, you donít need to register handguns. She asked the 3 sheriffs in the room with her. They agreed. I pointed out to her it was a silencer. She looked and the LEOs and they all nodded yes.

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Originally Posted by FalconLair View Post
here in NV it's instant

3 years i've lived here and never yet have had to go through the BG check either - having a CCW negates having to go through it - not sure if that applies in CA too - CA didn't feel an average joe citizen like me was worthy of self protection

that's a saving of about $25 per firearm purchase - having bought 8 firearms since, i've saved $200 on BG checks - my CCW cost me about $150, so it has paid for itself already
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Old 01-10-2019, 9:16 PM
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Background check takes 1 min, unless the system is backed up ( when a dem is gonna win an election )

Ca background check was caused by a douche from NY visiting a turners in signal hill
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Old 01-11-2019, 12:37 AM
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Quote:
Originally Posted by CHAD PEZZLE View Post
Yes, in states that don't require a waiting period, the background check is supposed to be instant.

The 10 wait is just cooling off period like you said.

The new ammo background check is supposed to be instant as well, there isn't any waiting period past the time it takes the clerk to scan your ID.
I crack up thinking about the waiting /cooling off period. Every time I get mad and want to shoot somebody, I want to use a new gun, not one of the 30+ guns I already have.
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Old 01-11-2019, 1:32 AM
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I was told by an FFL that background checks MUST be completed within 72 hours by law, even tho most states can do it much faster as people have already pointed out.
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Old 01-11-2019, 5:11 AM
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I now live in AZ. I've had my AZ CCW. The CCW is recognized as my background check.
Bought a revolver here in AZ. Transaction complete in about 10 minutes. Another 30 minutes of gun talk ensued.
I could have also bought a holster and ammo at the same time and walked out with it loaded and carried open or concealed. (No permit required for concealed carry here)
There is no waiting period.
PPT doesn't require an FFL either.

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Old 01-11-2019, 6:08 AM
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It is amazing that the 10 day waiting period applies to people that have CCWs or other firearms.

One is going to commit suicide or a crime with a new weapon when he/she already has some others?
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Old 01-11-2019, 7:54 AM
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Quote:
Originally Posted by mafbloggerdanny View Post
I was told by an FFL that background checks MUST be completed within 72 hours by law, even tho most states can do it much faster as people have already pointed out.
This happened to me with the first gun(s) I bought here in AZ. I bought a rifle and a handgun at a local gun shop. The NICS came back DELAYED. No idea why, maybe because I had just moved here. I came back to the shop three days later, it was still showing as DELAYED, so he gave me my guns. I went and got my CCW after that, haven't had to do a NICS check since.
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Old 01-11-2019, 12:06 PM
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In Michigan for long guns all it takes is a phone call for a background check, and then you pay your money and can walk out with your firearm.

To buy a handgun/ pistol without a Michigan CCW License - one must first get a permit to purchase a handgun from the local law enforcement, before making a purchase. Once you pay your money, then one can walk out the door with no waiting period thru the FFL dealer.

Last month I just shipped a .30 caliber rifle to my nephew in Detroit using my local FFL, and he was able to pick up his purchase the day it arrived at the FFL near his residence. He did have to pay the FFL dealer for processing his 4473 form.
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Old 01-11-2019, 1:19 PM
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The waiting period has little to do with background check, and everything to do with impeding the speedy transfer of firearms.

When it was first proposed, it was labeled as a "cooling off period" to keep hot-heads from buying guns for immediate use in bad-deed-doings. It seems the 10 days was a random number; could have just as easily been 2 days or 20.

In reality, it was just an early step in the system of control that that left leaning liberals and socialists strive for.
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Old 01-11-2019, 1:25 PM
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Originally Posted by tanks View Post
It is amazing that the 10 day waiting period applies to people that have CCWs or other firearms.

One is going to commit suicide or a crime with a new weapon when he/she already has some others?


This.


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Old 01-11-2019, 2:26 PM
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Originally Posted by Marauder2003 View Post
Bought my 2nd silencer Tuesday. Took the paperwork to Metro on MLK. Gave it to lady in the glass front office. Turned to leave and she said wait, you donít need to register handguns. She asked the 3 sheriffs in the room with her. They agreed. I pointed out to her it was a silencer. She looked and the LEOs and they all nodded yes.
If you just purchased the suppressor, what form did you take to your PD? the LEO copy of the form 4 doesn't get submitted until after approval which is quite a bit after purchase and form submission. Was it for printing?
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Old 01-11-2019, 2:44 PM
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Originally Posted by spfabrication View Post
If you just purchased the suppressor, what form did you take to your PD? the LEO copy of the form 4 doesn't get submitted until after approval which is quite a bit after purchase and form submission. Was it for printing?
He probably submitted a form 4 and 5320.23 with all responsible parties

Wrong. CLEO is allowed to do their own background check if they choose and can tell ATF to deny if they discover a prohibited person.

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Old 01-11-2019, 2:52 PM
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Originally Posted by audiophil2 View Post
He probably submitted a form 4 and 5320.23 with all responsible parties

Wrong. CLEO is allowed to do their own background check if they choose and can tell ATF to deny if they discover a prohibited person.

.
Not in Idaho. The cleo copy is only an incidental mailed to the state attorney generals office after ATF approval.
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Old 01-11-2019, 4:08 PM
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The FFL I use in Waco gets the BC check almost instantly. I paid cash and, both times, the approval came back before the money was counted.

Bought some more PPT. Totally legal but the first few times I still felt like CA DOJ was gonna jump out of the bushes and take me down.
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Old 01-11-2019, 5:03 PM
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Quote:
Originally Posted by johnk518 View Post
Difference between BG check and Waiting period

I never really thought about it, but I realize that these are actually two separate processes. I always assumed the waiting period WAS the background check.

So I'm curious how long does the actual background check take? Will it be different for Ammo and firearms?

For some reason the words BACKGROUND CHECK makes me think there's a room of people saying things like "pull out the subjects 3rd grade report card" Am I right to assume that there is just a list that's cross checked of people who can't have a firearm? I fear things are going to get really confusing this year.
For CA...
Before 1975, the waiting period was a "cooling off" period with no CA background check being done.

Starting 01-01-1975, the CA waiting period was 15 days and the waiting period was the time it took to conduct a background check.

But, advances in technology has made the background check be done faster.
In 1996, CA legislature passed legislation to reduce the waiting period due to advances in technology.
At that time, CA DOJ BOF stated they required a minimum of 10 days to conduct a background check for a firearm transfer.
So on 04-01-1997, the waiting period was reduced to 10 days.

During 2015-2016, due to the lawsuit challenging the CA waiting period (Silvester v Harris)...
CA DOJ BOF admitted the background check takes less than one hour to complete and that the waiting period is a "cooling off" period.

CA DOJ could not provide any proof that a waiting period stops or reduces any criminal activity.

Judge believed that the waiting period was still a good idea, but one that should only apply to first time buyers and should not apply to non-prohibited persons that already own firearms.
^Ruling that meant if you are one of following you would be exempt from the CA waiting period:
1. Person with valid COE.
2. Person with valid CA LTC permit.
3. Person with registered firearms in AFS.

CA DOJ appealed the ruling to The Ninth Circuit Court of Appeals, which upheld the CA waiting period (applies to everyone) in 12-2016.

This was then appealed to SCOTUS in 2017 and in 02-2018, SCOTUS decided to not hear the appeal.
^Means the Ninth Circuit Court ruling (waiting period applies to everyone) stands.


The background check for ammunition transfers is suppose to be an "instant check" (done in less than one hour).
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Old 01-11-2019, 5:15 PM
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All of you in free states make me jealous.

I never knew at one point waiting periods were 15 days, so I guess progress?

The only thing the waiting period is good for is ensuring I donít go bankrupt buying new stuff.

The ammo thing...donít get me started on that.




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Old 01-11-2019, 5:35 PM
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Quote:
Originally Posted by johnk518 View Post
I never knew at one point waiting periods were 15 days, so I guess progress?
CA history...
01-01-1923 = 1 day waiting period for handguns.
01-01-1955 = 3 day waiting period for handguns.
01-01-1965 = 5 day waiting period for handguns.
01-01-1975 = 15 day waiting period for firearms.
04-01-1997 = 10 day waiting period for firearms.

Quote:
Originally Posted by johnk518 View Post
All of you in free states make me jealous.
The Ninth Circuit Court of Appeals ruling (that SCOTUS decided not the hear) applies to AK, AZ, CA, HI, ID, MT, NV, OR, and WA.
^So, waiting periods are legal in those States as well.
~Currently, only CA & HI have waiting periods. But, they are being discussed/proposed by legislatures in NV, OR, & WA.
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Old 01-11-2019, 6:10 PM
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Currently, only CA & HI have waiting periods. But, they are being discussed/proposed by legislatures in NV, OR, & WA.

Some Democrat has already written the bill to make a name for him/herself. Low hanging fruit instead of actually doing any work that improves people's lives without raising taxes.
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Old 01-11-2019, 6:17 PM
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Not in Idaho. The cleo copy is only an incidental mailed to the state attorney generals office after ATF approval.
I don't think he is in Idaho.

Still, I'm not so sure I would trust ID to defend me when ATF asks why federal law is not being followed. Slim chance of an issue but not worth it to me.
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Old 01-11-2019, 6:23 PM
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Originally Posted by bronco75a View Post
Currently, only CA & HI have waiting periods. But, they are being discussed/proposed by legislatures in NV, OR, & WA.

Some Democrat has already written the bill to make a name for him/herself. Low hanging fruit instead of actually doing any work that improves people's lives without raising taxes.
IL has had a 3 day waiting period for decades. Private sales were fine but you have to keep a copy of the transaction for 10 years. It was easier to just buy a gun at someones house than to buy from a dealer when I lived there.
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Old 01-11-2019, 7:07 PM
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Originally Posted by Quiet View Post
CA history...
01-01-1923 = 1 day waiting period for handguns.
01-01-1955 = 3 day waiting period for handguns.
01-01-1965 = 5 day waiting period for handguns.
01-01-1975 = 15 day waiting period for firearms.
04-01-1997 = 10 day waiting period for firearms.


The Ninth Circuit Court of Appeals ruling (that SCOTUS decided not the hear) applies to AK, AZ, CA, HI, ID, MT, NV, OR, and WA.
^So, waiting periods are legal in those States as well.
~Currently, only CA & HI have waiting periods. But, they are being discussed/proposed by legislatures in NV, OR, & WA.


Did SCOTUS not hear to make states determine and not kick a hornets nest?




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  #37  
Old 01-11-2019, 7:45 PM
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Quiet Quiet is offline
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Originally Posted by johnk518 View Post
Did SCOTUS not hear to make states determine and not kick a hornets nest?
Don't know.

But, Justice Thomas gave a really good dissenting opinion for SCOTUS not hearing it.
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Last edited by Quiet; 01-11-2019 at 7:47 PM..
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