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Re: Purchase limit question
Posted: Sat, 31 Jul 2010 13:55:52
by zephyp
macfly wrote:Thanks all for the speedy replies. so i guess this means that i will need to put a downpayment on a second purchase (wanted to get a piece that is very difficult to find and dont want it to get away!) and wait for 30 days to outright purchase it. The 30 days isnt a problem as I dont need it right away...just wanted to lock it in so it doesnt leave with someone else. This should be legal right? just putting a hold on it and not actually paying for it/delivering it
Yes I believe so, the 30 days applies to when you actually take possession. They wont run the BC until you're ready to pay in full and take the gun.
Re: Purchase limit question
Posted: Sat, 31 Jul 2010 14:20:24
by gunderwood
zephyp wrote:macfly wrote:Thanks all for the speedy replies. so i guess this means that i will need to put a downpayment on a second purchase (wanted to get a piece that is very difficult to find and dont want it to get away!) and wait for 30 days to outright purchase it. The 30 days isnt a problem as I dont need it right away...just wanted to lock it in so it doesnt leave with someone else. This should be legal right? just putting a hold on it and not actually paying for it/delivering it
Yes I believe so, the 30 days applies to when you actually take possession. They wont run the BC until you're ready to pay in full and take the gun.
Maybe. Case in point. You pay for the gun, fill out the forms, but your background check is delayed. It could be delayed for a few days or just hours, but it transitions into the next day. Assuming it is approved despite the delay, you must now go back to pick up the firearm. Legally it was transferred to you when ever the background check was approved by the state, but you may not be able to pick it up that day for a variety of reasons: work, travel, sickness, etc.
In which case, I believe that the 30 days starts when the background check was approved, not when you picked it up. The FFL (to my knowledge) doesn't call the state back up and tell them when you stopped back by to pick up the firearm. They note it on their forms though so it legally understood when the firearm left their possession even though it legally was already yours.
Re: Purchase limit question
Posted: Sat, 31 Jul 2010 15:06:33
by zephyp
I believe you're correct on the 30 days regarding the BC. Nuance on my part. I've not had one delayed for more than a few minutes...