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. […]
There is no federal waiting period. Under the National Instant Criminal Background Check System (NICS), a dealer may transfer a firearm to a prospective purchaser as soon as he or she passes a background check. If the FBI is unable to complete a background check within three business days, the dealer may complete the transfer by default.
Federal law does not require private sellers to perform background checks on gun purchasers. Accordingly, persons purchasing firearms from private sellers may take immediate possession of their weapons, unless state or local law provides otherwise.
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…Continue reading Gun Purchase Waiting Periods – State-by-State
Do you know whether your state has a waiting period?
You can find out here:
A lawsuit challenging California’s ten day waiting period law will go forward after AG Kamala Harris’ motion for summary judgment was denied earlier this week, on December 9th. (h/t KVoimakas) The Second Amendment case was brought by the Calguns Foundation, a 501c3 organization that advocates for expanded gun rights (www.calgunsfoundation.org).
Federal Judge Says CA has not presented sufficient evidence
"The fact that a federal judge saw these laws for what they are -- baseless restraints on the exercise of a fundamental civil right -- is monumental," explained Gene Hoffman, Chairman of The Calguns Foundation. "California's waiting period laws for those who own guns is not Constitutional and this order really underlines the point."
In his order, Judge Ishii said that Harris has "not presented sufficient evidence to show that the [10-day waiting period laws] passes either intermediate or strict scrutiny."
SOURCE The Calguns Foundation
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The Law Center for the Prevention of Gun Violence has compiled research and links to waiting period laws in all 50 states.
State Gun Law - Waiting Periods Policy Summary
Background
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. Each year, over 3,000 ineligible persons receive firearms through this default provision. The FBI has determined that, in 2012, the number was as high as 3,7221 The average time it takes for the FBI to determine that these people are ineligible to receive firearms is 25 days2. As a result, the FBI has recommended extending the maximum time to allow more research time to complete background checks and to reduce the number of prohibited purchasers who are able to purchase firearms by default.3.
Waiting periods may reduce suicides. Suicides are frequently impulsive acts, and approximately 90% of people who have lived through a suicide attempt do not subsequently die by suicide.4 A person who attempts suicide by a method other than a firearm is much more likely to live than a person who uses a firearm.5
o More than 90% of all suicide attempts with a firearm, if serious enough to require hospital treatment, result in death.6
o Suicide attempts by jumping, by comparison, carry a 34% fatality rate; suicide attempts by drug poisoning carry a 2% fatality rate.7
About 50% of suicides in the U.S. are committed with a gun.8
Americans support waiting periods for firearm purchases. A survey conducted for the New England Journal of Medicine in January 2013 found that 76% of Americans, including 67% of gun owners and 47% of NRA members, support giving law enforcement up to 5 business days, if needed, to complete a background check for gun buyers. 9
...Continue reading State Gun Law - Waiting Periods Policy Summary
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Mon Dec 16, 2013 at 11:22 AM PT: Thank you all for participating. The next Open Thread is live:
Firearms Law and Policy Open Thread - To Hell with the Second Amendment! Really?