Florida Waiting Period

Florida Waiting Period

This is a discussion on Florida Waiting Period within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I purchased a pistol years ago in Florida. There was a three day waiting period. Does anyone know if it is still in effect?...

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Thread: Florida Waiting Period

  1. #1
    Member Array NavDoc's Avatar
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    Florida Waiting Period

    I purchased a pistol years ago in Florida. There was a three day waiting period. Does anyone know if it is still in effect?


  2. #2
    Member Array 820Larry's Avatar
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    Florida has a MININUM 3 day wait.........Some counties have added 2 days to that.......unles you have valid ccw then there is no wait

  3. #3
    Member Array wedged's Avatar
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    weekends and holidays don't count. It's 3 normal business days.

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    New Member Array Challenger's Avatar
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    As stated above, 3 day minimum not counting weekends and holidays.

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    Member Array NavDoc's Avatar
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    Thanks All

    Thanks for your responses. Here is a trickier question:

    I have a non-resident Florida CCW. Can I purchase a gun in Florida and go or is it more likely I would have to have it transfered to a FFL dealer in LA where I live?

    My family lives in FL but since I live in Louisiana and am claiming homestead tax execption, I am LA resident.

    Thanks again.

  6. #6
    Member Array cv7713's Avatar
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    Also, (not to hijack the thread) but...

    Does it make a difference if it is a carbine or any other semi-auto rifle? If I have my CWL, do I have to wait 3 days?

  7. #7
    New Member Array RTrider's Avatar
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    Yep, still 3 days

    Just bought a LCP, the waiting period in Fl is still 3 business days, unless you have a Carry Permit, then no waiting period at all.

  8. #8
    Member Array only 9mm's Avatar
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    The waiting period only applies to HANDGUNS! NOT rifles or shotguns.
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  9. #9
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    I've had my permit for quite a while so no waiting the three days...but I'm pretty sure that if you are trading in a gun for another there also is no wait...as long as you don't have a picture in the post office!
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  10. #10
    VIP Member Array Guns and more's Avatar
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    Quote Originally Posted by only 9mm View Post
    The waiting period only applies to HANDGUNS! NOT rifles or shotguns.
    I don't think this is true. I purchased a shotgun from a dealer and waited three days.

    Here's the catch. The three days begins when you buy the gun. So let's say I buy a gun on the internet and have it shipped to my FFL. I wait until the gun arrives in three days, I walk into the FFL to pick up the gun, he does the phone check while I'm standing there (2 minutes) and I'm out the door with the gun. Not like I have to go to the FFL, fill out the paperwork, and return in three days. I have done it exactly as I have stated.

    If you have your carry permit in Florida, there is no waiting period.

  11. #11
    Distinguished Member Array GWRedDragon's Avatar
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    Quote Originally Posted by NavDoc View Post
    I have a non-resident Florida CCW. Can I purchase a gun in Florida and go or is it more likely I would have to have it transfered to a FFL dealer in LA where I live?
    Federal law requires you to buy guns in the state in which you live.
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  12. #12
    Member Array cv7713's Avatar
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    Quote Originally Posted by retsupt99 View Post
    ...but I'm pretty sure that if you are trading in a gun for another there also is no wait...
    I can confirm this... prior to receiving my permit, I traded a wheelgun for a pistol and was able to walk out with it.

  13. #13
    Senior Member Array rolyat63's Avatar
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    A county can implement a waiting period on handguns. There are 6 exceptions to this waiting period; 1. CCW, 2. you can prove you own a gun, the dealer knows you own a gun or trading in a firearm, 3.LEO/Correctional Officer, 4. LE Agency, 5. sales between dealer and distributors, 6. you or your family have been threatened with death or great bodily harm and a report has been made to LE. See bolded text below.

    Also, there is some nuance to kicking off the three day waiting period. I have heard of FFLs who will not start the 3 day period until paid in full. The statute is much more liberal than that; see bold/underlined text below.


    790.33 Field of regulation of firearms and ammunition preempted.--

    (1) PREEMPTION.--Except as expressly provided by general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or regulations relating thereto. Any such existing ordinances are hereby declared null and void. This subsection shall not affect zoning ordinances which encompass firearms businesses along with other businesses. Zoning ordinances which are designed for the purpose of restricting or prohibiting the sale, purchase, transfer, or manufacture of firearms or ammunition as a method of regulating firearms or ammunition are in conflict with this subsection and are prohibited.

    (2) LIMITED EXCEPTION; COUNTY WAITING-PERIOD ORDINANCES.--

    (a) Any county may have the option to adopt a waiting-period ordinance requiring a waiting period of up to, but not to exceed, 3 working days between the purchase and delivery of a handgun. For purposes of this subsection, "purchase" means payment of deposit, payment in full, or notification of intent to purchase. Adoption of a waiting-period ordinance, by any county, shall require a majority vote of the county commission on votes on waiting-period ordinances. This exception is limited solely to individual counties and is limited to the provisions and restrictions contained in this subsection.

    (b) Ordinances authorized by this subsection shall apply to all sales of handguns to individuals by a retail establishment except those sales to individuals exempted in this subsection. For purposes of this subsection, "retail establishment" means a gun shop, sporting goods store, pawn shop, hardware store, department store, discount store, bait or tackle shop, or any other store or shop that offers handguns for walk-in retail sale but does not include gun collectors shows or exhibits, or gun shows.

    (c) Ordinances authorized by this subsection shall not require any reporting or notification to any source outside the retail establishment, but records of handgun sales must be available for inspection, during normal business hours, by any law enforcement agency as defined in s. 934.02.

    (d) The following shall be exempt from any waiting period:

    1. Individuals who are licensed to carry concealed firearms under the provisions of s. 790.06 or who are licensed to carry concealed firearms under any other provision of state law and who show a valid license;

    2. Individuals who already lawfully own another firearm and who show a sales receipt for another firearm; who are known to own another firearm through a prior purchase from the retail establishment; or who have another firearm for trade-in;

    3. A law enforcement or correctional officer as defined in s. 943.10;

    4. A law enforcement agency as defined in s. 934.02;

    5. Sales or transactions between dealers or between distributors or between dealers and distributors who have current federal firearms licenses; or

    6. Any individual who has been threatened or whose family has been threatened with death or bodily injury, provided the individual may lawfully possess a firearm and provided such threat has been duly reported to local law enforcement.
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    Member Array FLSquirrelHunter's Avatar
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    Wink

    Quote Originally Posted by GWRedDragon View Post
    Federal law requires you to buy guns in the state in which you live.
    qualify that: handguns cannot be purchased outside the state in which you are domiciled or (if military) permanently assigned

    I can buy a rifle or shotgun in GA. Some states allow residents of contiguous states to purchase, some states don't. Some states don't care; but I know of no federal restriction.

    and ... with a smile ... Fed law doesn't require me to buy guns ... but that is an excellent idea! I'd pressure my Congressman to vote for that law!
    Last edited by FLSquirrelHunter; November 12th, 2008 at 09:54 PM. Reason: addde link to the atf site

  15. #15
    Senior Member Array puncho's Avatar
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    If you sell a handgun to a gun store during the same day, they can sell you another new or used handgun that same day without the waiting period. Even if you don't have a Florida CWP.

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