Waiting period = handgun
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Thread: Waiting period = handgun

  1. #1

    Waiting period = handgun

    With a Cpl there is no waiting period? Is this correct? TIA

  3. #2
    Join Date
    Jun 2011
    New Hampshire
    If I remember correctly federal waiting periods are no longer in affect. In certain states, Michigan being one and there are a few others where the CCW lincese is used in lieu of a background check.

    States might have their own rules on waiting periods, but tue ATF has cleared a few states saying the requirement for a CCW lincese will work as a subtitute for thebackground check.

  4. #3
    Join Date
    Feb 2009
    Creswell, Oregon
    Oregon doesn't have a waiting period. Having a ccp doesn't matter, they still do a back ground check.
    "You can get a lot accomplished if you don't care who gets the credit" - Ronald Reagan

  5. #4
    In NC all you need is your ID and your CCW card. I walked in, bought my Kimber, and was out of the store in 30 minutes.

  6. Is there a computer check at all on the ccw cards or do they simply take your info? There has to be a way to get flagged if you've obtained any warrants or felonies since they issued your ccw

  7. #6
    Different states have different rules. The BATFE determines whether or not a states concealed carry permits can substitute for a back ground check. Nevada, I believe just recently got the authorization from BATFE to use CCDWs as a replacement for the background check, but only if the license was issued after July 1, 2011. In KY, where I live, concealed carry permits issued on or after July 12, 2006 qualify as alternatives to the NICS background check.

    Below is a link to an BATFE list (it may not be up to date) of states and whether their CCDW permits qualify.

    ATF Online - Firearms - Brady Law / NICS - Permit Chart

  8. #7
    Quote Originally Posted by ironmike86 View Post
    With a Cpl there is no waiting period? Is this correct? TIA
    Since you are asking this in the Washington forum and you list your location as Seattle, I will be happy to provide an answer that might actually be useful to you.

    In Washington State, in addition to the Federal Form 4473, there is a Washington State Pistol Transfer Form. With a Washington CPL, the CPL number is recorded on the Washington State Pistol Transfer form and the five day waiting period is waived. Without a CPL, the Pistol Transfer Form is sent to the local LEO agency and they do an additional background check in addition to NICS, including medical records, hence the 5 day waiting period.

    Whether or not you use your CPL, the Washington State Pistol Transfer Form is sent to the Department of Licensing who then enters the sale in their database so that they can cross reference the serial number of the gun you bought with all of your personal information, driver's license number, and CPL number. By giving one piece of information, a LEO can get all the other pieces: for example, he can inquire about a serial number from a pistol and the Department of Licensing will instantly tell him who bought the pistol, their address, what their driver's license number was used to purchase the pistol, and CPL number if used.

    This applies only to handguns purchased from FFLs, although the form can be OPTIONALLY completed and sent in for private party sales.

    The applicable RCWs are 9.41.090 and 9.41.129. A Washington CPL does NOT exempt you from the Federal NICS check.
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  9. #8
    As stated above, there are no federally mandated waiting periods on handguns, rifles or shotguns. Some states and local jurisdictions impose waiting periods on handguns and other firearms. Los Angeles, California, for instance has a fifteen (15) day waiting period on handguns, but I think they do not have a waiting period for rifles and shotguns(??).

    The NICS background check can only be waived by BATFE and not all states with concealed carry permits are waived. There is NO computer check of concealed carry permits when presented in lieu of a NICS background check. If you have been convicted of a felony you cannot get a concealed carry permit and your permit will be seized by authorities in the event you are arrested for a felony crime and held until you are cleared of the charges.

    Many warrants are "non-criminal" warrants, such as failure to appear for a traffic violation or a first-time DUI offense. You may be flagged in the NICS as having an outstanding warrant, but your carry permit has not been seized because you have not yet been arrested on the warrant. That is an area of the system that is sort of a loophole. Sometimes warrants are issued for people and they are not served with the warrant or arrested due to lack of manpower to serve traffic, etc. warrants. I suppose, therefore, it is possible for someone with a warrant on them who has a carry permit to purchase firearms without the system being alerted.

    In a perfect world the NICS will "red flag" a person, who is not legally allowed to buy a gun, trying to buy a gun at a shop. Local LEOs are supposed to be dispatched by the NICS to the location to arrest the person--attempting to purchase a firearm by a restricted person is a violation of most states and federal law. But many times local LEOs do not have the resources to bust every restricted person at the shop and they hand any alerts off to detectives or BATFE (if they get that far).

  10. #9
    Thanks NavyLCDR. And everyone who posted.

  11. @Aaron

    If someone with an active warrant AND a valid CPL were to purchase a handgun, it is very possible that they would be able to walk out of the store with it as the NICS check is cursory at best when it comes to local hot-files. --- it's not a perfect system when NICS tries to meld with local systems..

    Once the transfer form made it's way to the local PD, and the backgrounds done, the warrant would show in half a second and then things go real bad for the person that took possession of the pistol.

    also.. @Navy.. when we do backgrounds on CPL applications and pistol transfers, we check MENTAL health records.. not medical records as in if you have a heart condition or the like..

    we're looking to see if the applicant has been committed or has been treated for being a nut-job.

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