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Judge: Gun waiting period 'burdens' 2nd Amendment


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Its not the NRA thats fighting for our rights

 

'Possession of firearm necessary prerequisite to exercising right to bear arms'

Published: 12/13/2013

 

A federal judge in California has ruled in a Second Amendment case that a state-imposed waiting period to take possession of a firearm is a burden on the constitutional right to keep and bear arms.

 

The ruling came in a challenge brought by the Second Amendment Foundation to the states mandatory 10-day waiting period to obtain firearms. The case, Silvester v. Harris, continues.

 

It was Senior Judge Anthony Ishii of the U.S. District Court for the Eastern District of California who said in an 11-page decision that California Attorney General Kamala Harris argues that the WPL (Waiting Period Law) is a minor burden on the Second Amendment, [but] plaintiffs are correct that this is a tacit acknowledgement that a protected Second Amendment right is burdened.

 

He wrote: The court concludes that the WPL burdens the Second Amendment right to keep and bear arms.

 

Alan Gottlieb, SAF executive vice president, said the statement is important.

 

Judge Ishiis comparison of the waiting period to a prior restraint is significant, Gottlieb said. He further stated that Harris, in her motion to dismiss the case, had not shown that the waiting period law is effective in reducing gun-related violent crime, or in keeping guns out of the wrong hands where the government has already issued that purchaser a License To Carry or a Certificate Of Eligibility.

 

Also in the argument was Calguns, the state firearms advocacy organization. Chairman Gene Hoffman said it is refreshing to see lower federal courts taking the burden of intermediate scrutiny or strict scrutiny seriously.

 

California has such a byzantine scheme of gun control that it cant justify making people who already own firearms registered with the state of California wait 10 days to buy a new gun after they complete a background check, Hoffman said. We look forward to bringing some common sense back to how the law-abiding buy and sell registered guns in California.

 

An argument for armed self-defense, in America Fights Back: Armed Self-Defense in a Violent Age.

 

The judge also noted that there has been no showing that the Second Amendment, as historically understood, did not apply for a period of time between the purchase/attempted purchase of a firearm and possession of the firearm.

 

Gottlieb said the judge wisely concluded, as did Martin Luther King Jr., that a right delayed is a right denied.

 

The organization has taken on numerous gun-rights cases since the U.S. Supreme Court in two decisions, the Heller and McDonald cases, ruled that the Second Amendment applies to individuals, not just militias such as a national guard, and also is extended to states.

 

For example, the organization recently wrote to a judge in Washington, D.C., challenging him to decide a case that has been pending since 2009. That case, before the U.S. District Court of Appeals for the District of Columbia, is over the right to carry a handgun for protection.

 

The Second Amendment states: A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.

 

SAF also has worked to publicize the details behind former New York Mayor Michael Bloombergs Mayors Against Illegal Guns organization, which was revealed to include a long list of mayors who, because of their convictions, were no longer eligible to own weapons themselves.

 

Another embarrassment surfaced for the organization.

 

According to a report from the Second Amendment Foundation, Mayor James Schiliro of Marcus Hook, Pa., faced a long list of charges for allegedly trying to force an underage boy to perform sex acts and then firing a handgun at a wall when the boy refused.

 

Mayor Schiliro is one more example of why we started the Gun Owners Against Illegal Mayors campaign, said Gottlieb. He joins recently convicted former Detroit Mayor Kwame Kilpatrick, and recently indicted former New Orleans Mayor Ray Nagin, both of whom were MAIG members.

 

SAF launched its campaign last fall, and the list keeps growing, Gottlieb said.

 

The mayors group boasts that it has grown to more than 725 mayors in 40 states. But SAF is publicizing mayors who have run into their own troubles.

 

It launched its campaign in newspapers, magazines and on the Internet, revealing the criminal and ethical wrongdoings of many of the mayors themselves.

 

The organization also has been acting largely under the radar to fight unconstitutional firearms restrictions across the nation. Recently, it won its request for preliminary injunction from District Judge M. Christina Armijo in New Mexico, who took action in the case of John Jackson, a permanent legal resident alien who could not obtain a concealed carry permit in the state.

 

The organization also announced it has filed a motion for injunctive relief in a related case in Nebraska. There, non-citizens legally living in the state are prohibited from obtaining a concealed-carry permit.

 

It also has found gun rights battles in Alameda County, Calif.; New York, New Jersey, the District of Columbia, Maryland and jurisdictions.

 

Read more at http://www.wnd.com/2013/12/judge-says-waiting-period-burdens-2nd-amendment/#lI8xtsjyyuqLh0aY.99

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stupid judges and BS second amendment lawyer wannabees can not read.

Between Article I, section 8 of the body of the Constitution as amended by the Second

Amendment, the Constitution clearly states that Congress ONLY has the power to

arm the militia, and discipline it and organize it to suppress insurrections.

 

So, if you want to have a gun, first join the National Guard or the State Police

or serve in the military.

 

Otherwise, judges and gun nuts who have not served in one of those capacities

should obey the Constitution and turn in their guns.

 

The Constitution is so simple to read and understand, you would think that even

a republican could understand it if they were not such liars and self deceivers.

 

Any judge who says everyone can have guns even if they have not served in a

well regulated govt militia is also a perjurer because they took an oath to uphold

the constitution, not pander to ahole gun nuts.

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If anyone, including judges, do not like the simple, explicit language of the Constitution

requiring those who want to bear arms to be in a well regulated militia, then, they

should change the Constitution and should NOT LIE and say that it says anything

other than what it clearly says in Article i, section 8 along with the well regulated

second amendment wording.

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If anyone, including judges, do not like the simple, explicit language of the Constitution

requiring those who want to bear arms to be in a well regulated militia, then, they

should change the Constitution and should NOT LIE and say that it says anything

other than what it clearly says in Article i, section 8 along with the well regulated

second amendment wording.

 

I know you want the Constitution to say what you claim it does. The reality is that an honest reading of the Constitution, buttressed by the writings of the Founders, proves you wrong. Plain and simple.

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  • 1 month later...

I should be able to buy a firearm wherever i want. hell i wish there was vendors selling guns on the street corner like hot dogs.

Hell, you CAN buy any firearm you want, as long as you can legally own that gun.

It only takes about 20 minutes to walk out of the gun store with a legal gun.

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Hell, you CAN buy any firearm you want, as long as you can legally own that gun.

It only takes about 20 minutes to walk out of the gun store with a legal gun.

thats not true

 

its a states rights issue

 

can you do a selfie of you walking out of a chicago gun store with a handgun in 20 minutes ?

 

its 7:06 now

 

Laws imposing waiting periods require that a specified number of days elapse between the time a firearm is purchased and it is physically transferred to the purchaser. The goals of a waiting period are to: (1) give law enforcement officials sufficient time to perform a background check; and (2) provide a “cooling off” period to help guard against impulsive acts of violence.

 

As described below, after three business days, federal law allows a dealer to deliver a firearm to a purchaser even if a background check has not been completed.

 

<snip>

 

SUMMARY OF STATE LAWS GOVERNING WAITING PERIODS

 

(This summary was last updated June 24, 2013.)

 

Ten states and the District of Columbia have waiting periods that apply to the purchase of some or all firearms.14

 

Additional states require firearm purchasers to obtain a license or permit prior to the purchase of a firearm. Licensing laws of this kind play a similar role to waiting period laws. See our summary on Licensing Gun Owners & Purchasers for information about licensing laws.

 

States Imposing Waiting Periods for Purchases of All Firearms

 

State (Waiting Period)

California (10 days)15

District of Columbia (10 days)16

Hawaii (14 days)17

Illinois (24 hours) (long guns); 72 hours (handguns)18

Rhode Island (7 days)19

 

States Imposing Waiting Periods for Purchases of Handguns and Assault Weapons

 

State (Waiting Period)

Minnesota (7 days)20

 

States Imposing Waiting Periods for Handguns Only

 

State (Waiting Period)21

Florida (3 days)22

Iowa (3 days)23

Maryland (7 days)24

New Jersey (7 days)25

Wisconsin (48 hours)26

 

Description of State Laws Governing Waiting Periods

 

In addition to the District of Columbia, states currently have laws requiring waiting periods: California, Florida, Hawaii, Illinois, Iowa, Maryland, Minnesota, New Jersey, Rhode Island and Wisconsin.

 

1. States Imposing a Waiting Period on All Firearm Purchases: California, Rhode Island and the District of Columbia impose a statutory waiting period on all firearm purchases. Subject to limited exceptions, California and the District of Columbia require a ten-day waiting period for all firearm purchases.27 Rhode Island imposes a seven-day waiting period for all purchases of firearms unless the purchaser is a concealed handgun license holder. However, in Rhode Island the seller must deliver the firearm to the purchaser if within seven days he or she does not receive background check information that would disqualify the potential buyer from purchasing the firearm.

 

In Hawaii, all firearm purchases require issuance of a permit. No permit may be issued earlier than 14 calendar days after the date of the application, except for sales to state or federally licensed dealers, persons with a license to carry a handgun, or where a firearm is brought into the state and registered in accordance with the state’s registration statute.28 All permits must be issued or the application denied before the twentieth day from the date of application. Permits issued for long guns can be used for subsequent purchases of long guns for one year from date of issuance.

 

In Illinois, it is unlawful for anyone to deliver a firearm prior to the expiration of the statutory waiting periods, which are 24 hours for long guns and 72 hours for handguns. For transfers through licensed dealers and at gun shows, the Department of State Police must approve the transfer or inform the seller of the applicant’s ineligibility within these waiting periods. The waiting periods begin to run at the time an application to purchase the firearm is made. “Application” is defined to mean “when a buyer and seller reach an agreement to purchase a firearm.” Non-residents of Illinois who purchase long guns at gun shows are not subject to these waiting periods.

 

2. States Imposing a Waiting Period on Purchases of Handguns and Assault Weapons: Minnesota imposes a seven-day waiting period on purchases of handguns and assault weapons.

 

Minnesota imposes a seven-day waiting period on transfers of handguns and assault weapons from the day the dealer delivers a transfer report to the police chief or sheriff.29 The police chief or sheriff may waive part of the waiting period in writing if he or she finds that the transferee requires access to a handgun or assault weapon because of a threat to the life of the transferee or a member of the transferee’s household. The waiting period does not apply to transfers by private sellers, or to transfers to individuals with a transferee permit or a permit to carry a handgun.

 

3. States Imposing Waiting Periods on Purchases of Handguns Only: Florida, Iowa, Maryland, New Jersey and Wisconsin have waiting periods for handgun purchases only.30

 

a. 48 hours: Wisconsin prohibits federally licensed firearms dealers from transferring any handgun to any person until 48 hours have elapsed from the time the dealer has received confirmation that the Department of Justice has obtained the request for a record search.31

 

b. 3 days: Florida32 imposes a mandatory three-day waiting period, excluding weekends and legal holidays, between the retail purchase and delivery of any handgun. In Iowa, no handgun may be transferred until the transferee obtains a permit to purchase the handgun, which becomes valid three days after the date of application.33

 

c. 7 days: In Maryland, any person who transfers a handgun must wait seven days following the time a prospective purchaser completes an application to purchase the firearm and the application is forwarded to the Secretary of the Maryland State Police. Similarly, New Jersey prohibits retail firearms dealers from delivering a handgun to any person unless the person possesses a valid permit to purchase a handgun and at least seven days have elapsed since the date of application for the permit. The time period to obtain the permit itself can be as long as 30 days (45 days for non-residents)34 while the permit application is processed.

 

d. Exceptions: Among states with statutory waiting periods only for handguns, Florida and Iowa exempt concealed weapons permit holders from these waiting periods. Florida also exempts persons trading in another handgun. Most states exempt sales to law enforcement.

 

FEATURES OF COMPREHENSIVE LAW GOVERNING WAITING PERIODS

 

The features listed below are intended to provide a framework from which policy options may be considered. A jurisdiction considering new legislation should consult with counsel.

•Waiting period is established for all firearm purchases, of sufficient duration to allow a cooling-off period prior to the purchaser taking possession of the firearm (California, District of Columbia-10 days, Hawaii-14 days, Rhode Island-7 days)

•Permits to carry firearms in public do not exempt a purchaser from the waiting period (California, Illinois, Maryland, New Jersey, Wisconsin, District of Columbia)

•Transfer of firearms is prohibited until the background check process has been completed, regardless of whether the waiting period has elapsed (Maryland)35

1.Criminal Justice Information Services Division of the Federal Bureau of Investigation, U.S. Dep’t of Justice, National Instant Criminal Background Check System (NICS) Operations 2012, at http://www.fbi.gov/about-us/cjis/nics/reports/2012-operations-report. [↩]

2.U.S. General Accounting Office, Gun Control: Implementation of the National Instant Criminal Background Check System 13 (Feb. 2000), at http://www.gao.gov/new.items/g100064.pdf. [↩]

3.Id. [↩]

4.Matthew Miller et al., Suicide Mortality in the United States: The Importance of Attending to Method in Understanding Population-Level Disparities in the Burden of Suicide, 33 Ann. Rev. Pub. Health 393 (2012). [↩]

5.Matthew Miller et al., The Epidemiology of Case Fatality Rates for Suicide in the Northeast, 43 Annals Of Emergency Med. 723, 726 (2004). [↩]

6.Id. [↩]

7.Id. [↩]

8.Nat’l Ctr. for Injury Prevention & Control, U.S. Centers for Disease Control and Prevention, Web-Based Injury Statistics Query & Reporting System (WISQARS) Injury Mortality Reports, 1999-2010, for National and Regional (Sept. 2012), http://webappa.cdc.gov/sasweb/ncipc/mortrate10_us.html. [↩]

9.Colleen L. Barry et al., Perspective: After Newtown — Public Opinion on Gun Policy and Mental Illness, 368 New Eng. J. Med. 1077-1081 (March 21, 2013) at http://www.nejm.org/doi/full/10.1056/NEJMp1300512?query=featured_home&&. [↩]

10.John Sides, Gun owners vs. the NRA: What the polling shows, Wash. Post (Dec. 2012) at http://www.washingtonpost.com/blogs/wonkblog/wp/2012/12/23/gun-owners-vs-the-nra-what-the-polling-shows/. [↩]

11.18 U.S.C. § 922(t)(1). [↩]

12.Id. See our summary on Background Check Procedures for more information on default proceeds. [↩]

13.Detailed information about private sales is contained in our summary on Universal Background Checks & the Private Sale Loophole. [↩]

14.South Dakota repealed its 48-hour waiting period for the purchase of a handgun in 2009. 2009 S.D. ALS 122. Connecticut currently imposes a two-week waiting period on long gun sales, but a law that will become effective April 1, 2014 replaces that waiting period with a licensing requirement. See Conn. Gen. Stat. § 29-37a(g). Connecticut already imposes a licensing requirement on handgun sales. [↩]

15.Cal. Penal Code §§ 26815(a), 26950-27140, 27540(a), 27600-27750. [↩]

16.D.C. Code Ann. § 22-4508. [↩]

17.Haw. Rev. Stat. Ann. § 134-2(e). Hawaii’s waiting period does not apply to subsequent purchases of long guns during the year following an initial purchase. [↩]

18.720 Ill. Comp. Stat. 5/24-3(A)(g). [↩]

19.R.I. Gen. Laws §§ 11-47-35(a)(1), 11-47-35.1, 11-47-35.2. [↩]

20.Minn. Stat. § 624.7132, subds. 4, 12. Minn. Stat. § 624.7132, subd. 4 is unclear with respect to the length of the waiting period, referring both to a “five business day waiting period” and a “seven day waiting period.” [↩]

21.South Dakota repealed its 48-hour waiting period for the purchase of a handgun in 2009. 2009 S.D. ALS 122. [↩]

22.Florida’s three-day waiting period excludes weekends and legal holidays. Fla. Stat. Ann. § 790.0655(1);

Fla. Const. art. VIII, § 5( B). [↩]

23.Iowa Code § 724.20. [↩]

24.Md. Code Ann., Pub. Safety §§ 5-123 – 5-125. Maryland’s waiting period applies to the transfer of “regulated firearms,” which are defined as handguns and assault weapons, but the transfer of assault weapons will soon be generally banned. See Md. Code, Crim. Law § 4-303 (as amended by 2013 Md. S.B. 281, effective October 1, 2013). [↩]

25.N.J. Stat. Ann. §§ 2C:58-2a(5)(a), 2C:58-3f. [↩]

26.Wis. Stat. §§ 175.35(2)(d), 175.35(2g)©4.c. [↩]

27.In California, if the California Department of Justice (“DOJ”) cannot determine within the ten-day period whether the prospective purchaser is prohibited from possessing a firearm, DOJ may notify the dealer and prospective purchaser of this fact and obtain up to a total of 30 days to complete the background check. See Cal Penal Code § 28220(f). [↩]

28.Hawaii requires registration of all firearms. Firearms brought into the state must be registered within three days of arrival. Haw. Rev. Stat. Ann. § 134-3(a). Additional information on Hawaii’s registration requirements is contained in our summary on the Registration of Firearms. [↩]

29.In Minnesota, with certain limited exceptions, if a person wishes to acquire a handgun or assault weapon from a federally licensed dealer, but does not have a transferee permit or a permit to carry, then the dealer must file a report with the police chief or sheriff, after which time the police chief or sheriff will conduct a background check of the prospective purchaser. Minn. Stat. § 624.7132. [↩]

30.In addition, dealers in Washington are prohibited from transferring a handgun to a purchaser until five business days have elapsed from the time of receipt of the application to purchase unless a background check is completed beforehand. Wash. Rev. Code Ann. § 9.41.090(1)©. Furthermore, dealers must await the completion of a background check for up to 60 days for anyone without a valid Washington driver’s license or state identification card, or for anyone who has been a resident for less than 90 consecutive days prior to the dealer’s receipt of the application to purchase. Id. However, these waiting periods do not apply to concealed handgun license holders. Wash. Rev. Code Ann. § 9.41.090(1). [↩]

31.In Wisconsin, if the initial background check indicates a felony charge without a recorded disposition, the 48-hour waiting period is extended to the end of the third complete working day commencing after the day on which the finding is made. The Department must notify the firearms dealer of the extension as soon as practicable. During the extended period, the Department is to make every reasonable effort to determine the disposition of the charge and notify the firearms dealer of the results as soon as practicable. [↩]

32.Florida’s constitution authorizes counties to enact three to five-day waiting periods, excluding weekends and legal holidays, in connection with the sale of any firearm occurring within the county. “Sale” is defined to include gun shows and other events open to the public outside of retail firearms establishments. Concealed weapons permit holders are not subject to such waiting periods when purchasing a firearm. Fla. Const. art. VIII, § 5( B). [↩]

33.After the Iowa permit is issued, the holder may purchase additional handguns without a waiting period for the duration of the permit (one year). [↩]

34.Note that federally licensed dealers may not sell handguns to out-of-state residents. Additional information on transfer restrictions imposed on federally licensed firearms dealers is contained in our summary on Dealer Regulations. [↩]

35.Maryland has addressed the problem of “default proceeds” under federal law, which results when a firearm is transferred at the end of the waiting period, even if the background check has not been completed. Additional information about the problem of default proceeds and the approaches used to address the problem is contained in our summary on Background Check Procedures . [↩]

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Well, that's just great. Let's make it as easy and quick as possible for psychopaths, the drug addled, and the emotionally disturbed to get their hands on all the guns and ammunition they please and leave more trails of carnage in our streets & schools. Why don't we have the government just issue them guns - then you could all wait for them there and shoot it out ---- just like in a video game.

 

Disgusting!

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Well, that's just great. Let's make it as easy and quick as possible for psychopaths, the drug addled, and the emotionally disturbed to get their hands on all the guns and ammunition they please and leave more trails of carnage in our streets & schools. Why don't we have the government just issue them guns - then you could all wait for them there and shoot it out ---- just like in a video game.

 

Disgusting!

in nevada when the mongols shot/killed the hells angel inside the casino.

 

the DA was on the news saying

 

"why dont they just go out in the desert and do what they got to do, then we will clean up the mess"

 

"why do they come into town, inside a family casino and do this ?"

 

they came from the san fran bay area and bring their crap to reno/sparks

 

the tight restrictions in calif didnt prevent the mongol from carrying a gun

 

so the casino banned mc gang colors....

 

lol

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what do you think about the police pulling teen agers over and using them to practice their arrest techniques, with loaded guns, cocked and ready pointed at our kids heads, for no reason except it was late at night.

Disgusting!

I agree

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Let's put guns in the hands of the mentally unstable and psychopaths.

Wing nut wisdom.

 

And NRA policy they will fight to the death for.

you arent very bright stitches

 

why are you blaming the right ? the NRA ?

 

if you could read the op

 

A federal judge in California has ruled in a Second Amendment case that a state-imposed waiting period to take possession of a firearm is a burden on the constitutional right to keep and bear arms.

 

the NRA had nothing to do with the case

calif slaps the NRA around like a red headed step child named "stitches"

 

you never check the facts, thats why you have zero credibility.

you just lie, follow me around crying how obsessed and butt hurt you are, all you can do is give negative feedback and act like a child. because you cant win any debate

 

so keep your childish crying and obsession in your thread you dedicated to me, your obsession, so others can chat without being bothered with your obsession

 

just sit in there and dream of gallows

 

dumbazz...

 

why dont you go have your anal leakage looked at ?

 

they can do more stitches and align your anal zipper

 

there is always hope

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Yes we know Swallows. Psychopaths , the mentally unstable and the hard core druggies need guns... Probably just

For target shooting right?

 

You're so fu-cked up , you make Charlie Manson look sane.

If you could read the opA federal judge in California has ruled in a Second Amendment case that a state-imposed waiting period to take possession of a firearm is a burden on the constitutional right to keep and bear arms e

That judge is fu-cked. What about the burdens all the families will have when the pond scum kill their family members?

 

You fuccking gun nuts and supporters are a cancer in this society. Our founders are rolling in their graves seeing what is being done in their names, and by the way, you're an asshole.

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Yes we know Swallows. Psychopaths , the mentally unstable and the hard core druggies need guns... Probably just

For target shooting right?

its not my fault liberals get guns

 

you must have seen my position on this

 

"democrats should not be allowed to posess firearms"

 

you need to clean up your mess

 

dumbazz...

 

we dont have your problems here in jefferson state

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its not my fault liberals get gunsyou must have seen my position on this"democrats should not be allowed to posess firearms"you need to clean up your messdumbazz...we dont have your problems here in jefferson state

Yes some did see it.and only the criminally insane like yourself took it seriously.

 

You're so jaded and stupid you make my head hurt.

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That judge is fu-cked. What about the burdens all the families will have when the pond scum kill their family members?

 

No, the judge understands the Constitution; which you clearly do not. There is no burden on the families; they make the choice not to have the means to defend themselves. Bad guys get guns (or knives or bombs or whatever they want) and brutalize innocent people, and they have done such violence since the dawn of history. It is our responsibility, as citizens of a free society, to have the means to defend ourselves. The courts have ruled again and again and again that the government has no obligation whatsoever to protect individual citizens. That responsibility belongs to the citizens and the citizens alone.

 

You fuccking gun nuts and supporters are a cancer in this society. Our founders are rolling in their graves seeing what is being done in their names, and by the way, you're an asshole.

 

No, the Founders - as their own quotes and writings show us - were in agreement with us "gun nuts" and NOT with the cowardly sheep who try to abdicate their responsibilities. The "cancer in this society" is best represented by the worthless oxygen thieves such as yourself.

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thats not true

 

its a states rights issue

 

can you do a selfie of you walking out of a chicago gun store with a handgun in 20 minutes ?

 

its 7:06 now

 

Laws imposing waiting periods require that a specified number of days elapse between the time a firearm is purchased and it is physically transferred to the purchaser. The goals of a waiting period are to: (1) give law enforcement officials sufficient time to perform a background check; and (2) provide a “cooling off” period to help guard against impulsive acts of violence.

 

As described below, after three business days, federal law allows a dealer to deliver a firearm to a purchaser even if a background check has not been completed.

 

<snip>

 

SUMMARY OF STATE LAWS GOVERNING WAITING PERIODS

 

(This summary was last updated June 24, 2013.)

 

Ten states and the District of Columbia have waiting periods that apply to the purchase of some or all firearms.14

 

Additional states require firearm purchasers to obtain a license or permit prior to the purchase of a firearm. Licensing laws of this kind play a similar role to waiting period laws. See our summary on Licensing Gun Owners & Purchasers for information about licensing laws.

 

States Imposing Waiting Periods for Purchases of All Firearms

 

State (Waiting Period)

California (10 days)15

District of Columbia (10 days)16

Hawaii (14 days)17

Illinois (24 hours) (long guns); 72 hours (handguns)18

Rhode Island (7 days)19

 

States Imposing Waiting Periods for Purchases of Handguns and Assault Weapons

 

State (Waiting Period)

Minnesota (7 days)20

 

States Imposing Waiting Periods for Handguns Only

 

State (Waiting Period)21

Florida (3 days)22

Iowa (3 days)23

Maryland (7 days)24

New Jersey (7 days)25

Wisconsin (48 hours)26

 

Description of State Laws Governing Waiting Periods

 

In addition to the District of Columbia, states currently have laws requiring waiting periods: California, Florida, Hawaii, Illinois, Iowa, Maryland, Minnesota, New Jersey, Rhode Island and Wisconsin.

 

1. States Imposing a Waiting Period on All Firearm Purchases: California, Rhode Island and the District of Columbia impose a statutory waiting period on all firearm purchases. Subject to limited exceptions, California and the District of Columbia require a ten-day waiting period for all firearm purchases.27 Rhode Island imposes a seven-day waiting period for all purchases of firearms unless the purchaser is a concealed handgun license holder. However, in Rhode Island the seller must deliver the firearm to the purchaser if within seven days he or she does not receive background check information that would disqualify the potential buyer from purchasing the firearm.

 

In Hawaii, all firearm purchases require issuance of a permit. No permit may be issued earlier than 14 calendar days after the date of the application, except for sales to state or federally licensed dealers, persons with a license to carry a handgun, or where a firearm is brought into the state and registered in accordance with the state’s registration statute.28 All permits must be issued or the application denied before the twentieth day from the date of application. Permits issued for long guns can be used for subsequent purchases of long guns for one year from date of issuance.

 

In Illinois, it is unlawful for anyone to deliver a firearm prior to the expiration of the statutory waiting periods, which are 24 hours for long guns and 72 hours for handguns. For transfers through licensed dealers and at gun shows, the Department of State Police must approve the transfer or inform the seller of the applicant’s ineligibility within these waiting periods. The waiting periods begin to run at the time an application to purchase the firearm is made. “Application” is defined to mean “when a buyer and seller reach an agreement to purchase a firearm.” Non-residents of Illinois who purchase long guns at gun shows are not subject to these waiting periods.

 

2. States Imposing a Waiting Period on Purchases of Handguns and Assault Weapons: Minnesota imposes a seven-day waiting period on purchases of handguns and assault weapons.

 

Minnesota imposes a seven-day waiting period on transfers of handguns and assault weapons from the day the dealer delivers a transfer report to the police chief or sheriff.29 The police chief or sheriff may waive part of the waiting period in writing if he or she finds that the transferee requires access to a handgun or assault weapon because of a threat to the life of the transferee or a member of the transferee’s household. The waiting period does not apply to transfers by private sellers, or to transfers to individuals with a transferee permit or a permit to carry a handgun.

 

3. States Imposing Waiting Periods on Purchases of Handguns Only: Florida, Iowa, Maryland, New Jersey and Wisconsin have waiting periods for handgun purchases only.30

 

a. 48 hours: Wisconsin prohibits federally licensed firearms dealers from transferring any handgun to any person until 48 hours have elapsed from the time the dealer has received confirmation that the Department of Justice has obtained the request for a record search.31

 

b. 3 days: Florida32 imposes a mandatory three-day waiting period, excluding weekends and legal holidays, between the retail purchase and delivery of any handgun. In Iowa, no handgun may be transferred until the transferee obtains a permit to purchase the handgun, which becomes valid three days after the date of application.33

 

c. 7 days: In Maryland, any person who transfers a handgun must wait seven days following the time a prospective purchaser completes an application to purchase the firearm and the application is forwarded to the Secretary of the Maryland State Police. Similarly, New Jersey prohibits retail firearms dealers from delivering a handgun to any person unless the person possesses a valid permit to purchase a handgun and at least seven days have elapsed since the date of application for the permit. The time period to obtain the permit itself can be as long as 30 days (45 days for non-residents)34 while the permit application is processed.

 

d. Exceptions: Among states with statutory waiting periods only for handguns, Florida and Iowa exempt concealed weapons permit holders from these waiting periods. Florida also exempts persons trading in another handgun. Most states exempt sales to law enforcement.

 

FEATURES OF COMPREHENSIVE LAW GOVERNING WAITING PERIODS

 

The features listed below are intended to provide a framework from which policy options may be considered. A jurisdiction considering new legislation should consult with counsel.

•Waiting period is established for all firearm purchases, of sufficient duration to allow a cooling-off period prior to the purchaser taking possession of the firearm (California, District of Columbia-10 days, Hawaii-14 days, Rhode Island-7 days)

•Permits to carry firearms in public do not exempt a purchaser from the waiting period (California, Illinois, Maryland, New Jersey, Wisconsin, District of Columbia)

•Transfer of firearms is prohibited until the background check process has been completed, regardless of whether the waiting period has elapsed (Maryland)35

1.Criminal Justice Information Services Division of the Federal Bureau of Investigation, U.S. Dep’t of Justice, National Instant Criminal Background Check System (NICS) Operations 2012, at http://www.fbi.gov/about-us/cjis/nics/reports/2012-operations-report. [↩]

2.U.S. General Accounting Office, Gun Control: Implementation of the National Instant Criminal Background Check System 13 (Feb. 2000), at http://www.gao.gov/new.items/g100064.pdf. [↩]

3.Id. [↩]

4.Matthew Miller et al., Suicide Mortality in the United States: The Importance of Attending to Method in Understanding Population-Level Disparities in the Burden of Suicide, 33 Ann. Rev. Pub. Health 393 (2012). [↩]

5.Matthew Miller et al., The Epidemiology of Case Fatality Rates for Suicide in the Northeast, 43 Annals Of Emergency Med. 723, 726 (2004). [↩]

6.Id. [↩]

7.Id. [↩]

8.Nat’l Ctr. for Injury Prevention & Control, U.S. Centers for Disease Control and Prevention, Web-Based Injury Statistics Query & Reporting System (WISQARS) Injury Mortality Reports, 1999-2010, for National and Regional (Sept. 2012), http://webappa.cdc.gov/sasweb/ncipc/mortrate10_us.html. [↩]

9.Colleen L. Barry et al., Perspective: After Newtown — Public Opinion on Gun Policy and Mental Illness, 368 New Eng. J. Med. 1077-1081 (March 21, 2013) at http://www.nejm.org/doi/full/10.1056/NEJMp1300512?query=featured_home&&. [↩]

10.John Sides, Gun owners vs. the NRA: What the polling shows, Wash. Post (Dec. 2012) at http://www.washingtonpost.com/blogs/wonkblog/wp/2012/12/23/gun-owners-vs-the-nra-what-the-polling-shows/. [↩]

11.18 U.S.C. § 922(t)(1). [↩]

12.Id. See our summary on Background Check Procedures for more information on default proceeds. [↩]

13.Detailed information about private sales is contained in our summary on Universal Background Checks & the Private Sale Loophole. [↩]

14.South Dakota repealed its 48-hour waiting period for the purchase of a handgun in 2009. 2009 S.D. ALS 122. Connecticut currently imposes a two-week waiting period on long gun sales, but a law that will become effective April 1, 2014 replaces that waiting period with a licensing requirement. See Conn. Gen. Stat. § 29-37a(g). Connecticut already imposes a licensing requirement on handgun sales. [↩]

15.Cal. Penal Code §§ 26815(a), 26950-27140, 27540(a), 27600-27750. [↩]

16.D.C. Code Ann. § 22-4508. [↩]

17.Haw. Rev. Stat. Ann. § 134-2(e). Hawaii’s waiting period does not apply to subsequent purchases of long guns during the year following an initial purchase. [↩]

18.720 Ill. Comp. Stat. 5/24-3(A)(g). [↩]

19.R.I. Gen. Laws §§ 11-47-35(a)(1), 11-47-35.1, 11-47-35.2. [↩]

20.Minn. Stat. § 624.7132, subds. 4, 12. Minn. Stat. § 624.7132, subd. 4 is unclear with respect to the length of the waiting period, referring both to a “five business day waiting period” and a “seven day waiting period.” [↩]

21.South Dakota repealed its 48-hour waiting period for the purchase of a handgun in 2009. 2009 S.D. ALS 122. [↩]

22.Florida’s three-day waiting period excludes weekends and legal holidays. Fla. Stat. Ann. § 790.0655(1);

Fla. Const. art. VIII, § 5( B). [↩]

23.Iowa Code § 724.20. [↩]

24.Md. Code Ann., Pub. Safety §§ 5-123 – 5-125. Maryland’s waiting period applies to the transfer of “regulated firearms,” which are defined as handguns and assault weapons, but the transfer of assault weapons will soon be generally banned. See Md. Code, Crim. Law § 4-303 (as amended by 2013 Md. S.B. 281, effective October 1, 2013). [↩]

25.N.J. Stat. Ann. §§ 2C:58-2a(5)(a), 2C:58-3f. [↩]

26.Wis. Stat. §§ 175.35(2)(d), 175.35(2g)©4.c. [↩]

27.In California, if the California Department of Justice (“DOJ”) cannot determine within the ten-day period whether the prospective purchaser is prohibited from possessing a firearm, DOJ may notify the dealer and prospective purchaser of this fact and obtain up to a total of 30 days to complete the background check. See Cal Penal Code § 28220(f). [↩]

28.Hawaii requires registration of all firearms. Firearms brought into the state must be registered within three days of arrival. Haw. Rev. Stat. Ann. § 134-3(a). Additional information on Hawaii’s registration requirements is contained in our summary on the Registration of Firearms. [↩]

29.In Minnesota, with certain limited exceptions, if a person wishes to acquire a handgun or assault weapon from a federally licensed dealer, but does not have a transferee permit or a permit to carry, then the dealer must file a report with the police chief or sheriff, after which time the police chief or sheriff will conduct a background check of the prospective purchaser. Minn. Stat. § 624.7132. [↩]

30.In addition, dealers in Washington are prohibited from transferring a handgun to a purchaser until five business days have elapsed from the time of receipt of the application to purchase unless a background check is completed beforehand. Wash. Rev. Code Ann. § 9.41.090(1)©. Furthermore, dealers must await the completion of a background check for up to 60 days for anyone without a valid Washington driver’s license or state identification card, or for anyone who has been a resident for less than 90 consecutive days prior to the dealer’s receipt of the application to purchase. Id. However, these waiting periods do not apply to concealed handgun license holders. Wash. Rev. Code Ann. § 9.41.090(1). [↩]

31.In Wisconsin, if the initial background check indicates a felony charge without a recorded disposition, the 48-hour waiting period is extended to the end of the third complete working day commencing after the day on which the finding is made. The Department must notify the firearms dealer of the extension as soon as practicable. During the extended period, the Department is to make every reasonable effort to determine the disposition of the charge and notify the firearms dealer of the results as soon as practicable. [↩]

32.Florida’s constitution authorizes counties to enact three to five-day waiting periods, excluding weekends and legal holidays, in connection with the sale of any firearm occurring within the county. “Sale” is defined to include gun shows and other events open to the public outside of retail firearms establishments. Concealed weapons permit holders are not subject to such waiting periods when purchasing a firearm. Fla. Const. art. VIII, § 5( B). [↩]

33.After the Iowa permit is issued, the holder may purchase additional handguns without a waiting period for the duration of the permit (one year). [↩]

34.Note that federally licensed dealers may not sell handguns to out-of-state residents. Additional information on transfer restrictions imposed on federally licensed firearms dealers is contained in our summary on Dealer Regulations. [↩]

35.Maryland has addressed the problem of “default proceeds” under federal law, which results when a firearm is transferred at the end of the waiting period, even if the background check has not been completed. Additional information about the problem of default proceeds and the approaches used to address the problem is contained in our summary on Background Check Procedures . [↩]

I was thinking along "federal gun laws" (federal form 4473) when I posted.

I didn't realize there were some many a-hole states in the USA.

I'm glad I don't spend any time in any those a-hole states, I go through some of them, but carry my guns as per federal law (United States Title 18 - Part I - Chapter 44 § 926A on the Interstate Transportation of Firearms) while passing through.

I'm sure liberals will try to change THAT law, now that they know about it. lol :)

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I was going to buy a handgun. But then, I thought I would have to carry that

stupid thing around with me everywhere waiting to be attacked.

 

Otherwise, I might be like that guy who shot a kid in Florida for having his

boom box playing too loud in his car. And he is now on trial for murder.

 

One does not always get off scot free like zimmerman or the azzhole drunk kid

who murdered four people with a car in texass, or OJ.

 

when the shooting starts, you kinda have to make sure you are in the right before

emptying the slugs into the azzhole SOB who won't shut up or turn his radio rapp

crapp down.

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