Waiting period ?

barres · #1

The last time I bought a handgun from a dealer was about 9 years ago. During the "Assault Weapons Ban," in other words. I had to wait 5 days (IIRC) before I could take possession of the handgun.

My question may be stupid, but is there still a law effective here and now that imposes a waiting period for handgun purchases? If so, could you cite the pertinant portion of the legal code, please?

isa268 · #2

no waiting period in Texas other then the NICS check. normaly 5mins and you'ur out the door. a CHL even lets you bi-pass the NICS check.

Kalrog · #3

Even during the AWB, there wasn't a general waiting period in Texas. It could have been something with another state though... or maybe a NICS "delay". But no state or federal waiting period. At least not as late as 2001 or so (my only handgun bought during the AWB).

txinvestigator · #4

Kalrog wrote:Even during the AWB, there wasn't a general waiting period in Texas. It could have been something with another state though... or maybe a NICS "delay". But no state or federal waiting period. At least not as late as 2001 or so (my only handgun bought during the AWB).

Currently in Texas to purchase a firearm from a federally licensed dealer the purchaser must fill out a 4473. That is a Background check form. The dealer then calls the FBI National Instant Criminal Background Check System (NICS). NICS then gives one of three responses;

1. Proceed--Take your gun home now.

2. Delay- You cannot take possession of the weapon at that time. NICS has 3 business days to give an proceed or denial.

3. Denied. you cannot take possession of the firearm

Having a Texas CHL exempts you from the NICS check. You still fill out the form, but the dealer does not call NICS.

KBCraig · #5

txinvestigator wrote: 2. Delay- You cannot take possession of the weapon at that time. NICS has 3 business days to give an proceed or denial.

For those who may not know, BATF interprets that to mean that full three business days must pass between NICS delay and pickup. Meaning, if you are denied on Wednesday, you must wait Thursday, Friday, and Monday, then may pick up your gun on Tuesday.

"Three days = six days"... only in government speak.

Kevin