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Greg and Beththe political and personal musings of two
mountaineers living in west-central Florida
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Waiting Periods and C&R |
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Gregory Morris, 9/2/08 3:13:59 pm |
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I was just having a discussion with Peter from Firearms & Freedom regarding C&R licenses and waiting periods. Here were some thoughts that came out of that discussion...
In FL our 3-day handgun purchase waiting period is in the constitution (ironically, under the "declaration of rights section names "right to bear arms".)
It states "There shall be a mandatory period of three days ... between the purchase and delivery at retail of any handgun." There is an exclusion for CWP holders only.
It does not apply to dealers since they are not taking "delivery at retail". However, FFL03 licensees are by definition, taking "delivery at retail" when they purchase any firearm from an FFL01.
Violation of the provision is a felony.
The dealer is guilty if they deliver a handgun before the waiting period is up.
The buyer is guilty if they receive the handgun "by fraud, false pretense, or false representation." I'm guessing that would mean taking delivery before three days, knowing there is a three-day waiting period.
Handguns are almost always shipped overnight or 2-day air to C&R licensees.
So I'm wondering, since there is no specific exclusion for collectors, would it be a felony to use your C&R license to buy a Nagant Revolver if you don't have a Florida CWP?
Would an out-of-state dealer be guilty of committing a felony in Florida in that case?
I have a CWP, so it would be moot in my case (another reason all Florida gun owners should get one!!!), but it seems like another case of needlessly complex gun laws making gun ownership a risky business.
Thoughts anyone? It sounds like a good thing for the Florida Citizens Defense League to tackle... if only there were such an organization. |
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