My rep wants some information on the 72 hr waiting time.

[colt-45]

I think this the right spot. My rep wants to right a bill to wave the 72hr waiting to for concealed carry permit holder. To if you have permit you don't have to wait the 72hr. My question is does any one have any info from other states that does and how I can write it out and email him this info?

[singlecoilpickup]

I know it works that way in Arizona, but I don't know the specifics.

[TyGuy]

Hawaii - exempt if you have a CCW permit (good luck getting one)

Illinois - exempt if a police officer

Florida - exempt if you have a CCW permit

IA - exempt if you have a CCW permit

 

Honestly there's already a written exemption in IL law for police officers so just copy, paste, and edit as needed.

[TyGuy]

(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)

 

( g ) Delivers any firearm of a size which may be

 

concealed upon the person, incidental to a sale, without withholding delivery of such firearm for at least 72 hours after application for its purchase has been made, or delivers any rifle, shotgun or other long gun, or a stun gun or taser, incidental to a sale, without withholding delivery of such rifle, shotgun or other long gun, or a stun gun or taser for at least 24 hours after application for its purchase has been made. However, this paragraph (g) does not apply to: (1) the sale of a firearm to a law enforcement officer if the seller of the firearm knows that the person to whom he or she is selling the firearm is a law enforcement officer or the sale of a firearm to a person who desires to purchase a firearm for use in promoting the public interest incident to his or her employment as a bank guard, armed truck guard, or other similar employment; (2) a mail order sale of a firearm to a nonresident of Illinois under which the firearm is mailed to a point outside the boundaries of Illinois; (3) the sale of a firearm to a nonresident of Illinois while at a firearm showing or display recognized by the Illinois Department of State Police; or (4) the sale of a firearm to a dealer licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923). For purposes of this paragraph (g), "application" means when the buyer and seller reach an agreement to purchase a firearm.

[Patriots & Tyrants]

FL should be the model.

[jagt48]

Though not exactly the same, I made a post about using a concealed carry license to forego an FBI background check.

 

http://illinoiscarry.com/forum/index.php?showtopic=51301&p=797649

 

 

The letter that Nevada has from the BATF on that topic is found in that post, and is also below.

 

http://www.atf.gov/press/releases/2011/08/082611-atf-open-letter-all-nevada-federal-firearms-licensees.html

[mauserme]

I think this the right spot. My rep wants to right a bill to wave the 72hr waiting to for concealed carry permit holder. To if you have permit you don't have to wait the 72hr. My question is does any one have any info from other states that does and how I can write it out and email him this info?

Drop abolt a PM. He may have some info on this.

[InterestedBystander]

Why did I think the bypass for LE in IL required department letterhead stating weapon was for dept use? Did I dream that?

[jagt48]

Why did I think the bypass for LE in IL required department letterhead stating weapon was for dept use? Did I dream that?

 

Because Kenny mentioned something like that in the thread that I linked above? Maybe you read it in there.

[spec5]

I think this the right spot. My rep wants to right a bill to wave the 72hr waiting to for concealed carry permit holder. To if you have permit you don't have to wait the 72hr. My question is does any one have any info from other states that does and how I can write it out and email him this info?

Who is your Rep? PM if you like. Let me know and I will talk with mine as to co-sponsor the bill.

[dorvinion]

Some important info is that at least 40 states impose no waiting period of any kind, for anybody.

[RoadyRunner]

Also, the 9th circuit just held that wait periods are unconstitutional when applied to ccw permit holders, and those that already own a firearm. Hopefully, someone could file suit against IL soon. Even better, have your rep use that opinion to gain sponsors and set the tone for convincing other reps to vote in favor to avoid the expense of a lawsuit here.

[RoadyRunner]

Who is your Rep? PM if you like. Let me know and I will talk with mine as to co-sponsor the bill.

This. I'll do the same.

 

[transplant]

If he's interested in sponsoring a bill the bill should get rid of the wait periods outright. The process of obtaining an FOID creates a cooling off period for a first time gun owner.

 

Exempting specific classes of gun owners such as only those with an FCCL is an equal protection issue.

[gangrel]

Let him know that most states don't even have a waiting period.

[colt-45]

Well do guys thanks. More info if you get it.

[Double-J]

Wow, this might make sense. You mean if I pass a background check to get a CC License I can belly up to a counter and walk away with a firearm just like 40 other States do? What are they going to think of next!

[TJSum1]

Let him know that most states don't even have a waiting period.

Most don't even require a permit to purchase.

[abolt243]

As already stated, most states don't require a waiting period, some that do, allow CCWL holders to forego the wait. Likewise those that trade in a gun. Many states have petitioned the ATF to allow the CCWL to be used instead of the background check. Nevada is mentioned in a post above. I believe that IN and perhaps KY also have ATF letters but don't quote me on that.

 

If you're working with your rep, then you should address the state law of waiting periods. Allowing FCCL holders to bypass the waiting period could be coupled with those trading in a firearm of like style (handgun, rifle, shotgun) would be a good place to start. Then later, a move to eliminate waits altogether could be mounted.

 

As for BG checks at purchase, a federal requirement, I would think that the issue would be addressed by the ISP or AG with a request to the ATF for recognition of the FCCL in lieu of a BG check. I don't see that happening under the present administration. Change the governor, who would change the ISP director, and we might get some movement. A change in the AG would be most helpful too.

 

Just my $.02 worth. I'm not a lawyer, I've not stayed in a Holiday Inn Express (it was a Drury), and I don't claim to know more than I've read in some places.

[Gamma]

Simple rational thought should be enough.

 

What possible rationale could explain what is achieved when someone who can legally walk into a gun store WHILE CARRYING A CONCEALED LOADED HANDGUN, can't take possession of a new purchase on the vague theory that by making that purchaser wait they might be prevented from rash behavior? It's insanity.

 

The FOID card is a defacto 30+ day waiting period already, the FCCL a 30-120 day one on top of that. Purchase waiting periods in Illinois especially are just harassment of gun purchasers.

 

You might also mention that eliminating waiting periods legislatively might well save the state the cost of yet another legal battle, if the court decision in CA is any indication.

[Hap]

You might also mention that eliminating waiting periods legislatively might well save the state the cost of yet another legal battle, if the court decision in CA is any indication.

 

This really ought to be the decisive argument - you're going to have to change the law anyway, you may as well get out ahead of the courts for once and save the state a couple million bucks. The judge has already made the argument for why this is a good idea far better than most of us could - all you need to do is summarize his reasoning.

[Double-J]

Gamma: (Quote)
"Simple rational thought should be enough.

What possible rationale could explain what is achieved when someone who can legally walk into a gun store WHILE CARRYING A CONCEALED LOADED HANDGUN, can't take possession of a new purchase on the vague theory that by making that purchaser wait they might be prevented from rash behavior? It's insanity."

 

You hit the nail right on its shinny little head! Achems Razor... (Daah, I can't believe a Politician wouldn't fall all over himself trying to sponsor this one!)

[jagt48]

Simple rational thought should be enough.

 

What possible rationale could explain what is achieved when someone who can legally walk into a gun store WHILE CARRYING A CONCEALED LOADED HANDGUN, can't take possession of a new purchase on the vague theory that by making that purchaser wait they might be prevented from rash behavior? It's insanity.

 

The FOID card is a defacto 30+ day waiting period already, the FCCL a 30-120 day one on top of that. Purchase waiting periods in Illinois especially are just harassment of gun purchasers.

 

You might also mention that eliminating waiting periods legislatively might well save the state the cost of yet another legal battle, if the court decision in CA is any indication.

 

Some politician (I'm thinking Rahm or similar?) or talking head within the last year or two said something along the lines of keeping people from trading in a single shot for an AR in order to cause more damage or something equally preposterous. That is the "logic" we are dealing with here.

[captainskullet]

 

Who is your Rep? PM if you like. Let me know and I will talk with mine as to co-sponsor the bill.

This. I'll do the same.

 

me three

[milq]

I seem to remember Rep. Reis sponsoring the "trade-in" bill a year or two back. Where if you were trading a functional firearm for a similar type, the wait would be waived....seems like it also went nowhere.

 

It is basic logic to waive the wait for someone that has a carry license, but we all know that logic doesn't rule in Springfield. I'm all for getting rid of the wait completely as well as FOID. I can dream.

[GRJY]

It should be if you have a FOID you don't need to wait. FOID holders are checked everynight anyway.

[G29SF]

Many (most) states do not have a waiting period. The waiting period is a State issue and not a Federal requirement.

 

Several states do not even require an NICS check if certain requirements are met (usually if the buyer has a concealed carry permit). These states are "Brady alternative" states (don't require NICS check):

 

Alaska (with permit marked NICS-Exempt)

Arizona (with permit)

Arkansas (with permit)

Georgia (with permit)

Hawaii (with permit)

Idaho (with permit)

Iowa (with permit)

Kansas (with permit)

Kentucky (with permit)

Michigan (with permit)

Mississippi (with permit)

Montana (with permit)

Nebraska (with permit)

Nevada (with permit)

North Carolina (with permit)

North Dakota (with permit)

South Carolina (with permit)

Texas (with permit)

Utah (with permit)

Washington (with permit)

West Virginia (with permit)

Wyoming (wtih permit)

 

**NOTE: "with permit" is used generically here. See https://www.atf.gov/content/firearms/firearms-industry/permanent-brady-permit-chart for details.

[Gamma]

FOID could be used as a NICS alternative if they were so inclined, and changed the renewal interval to 5 years.

 

With the continuous monitoring of FOID/CCW licenses, no reason for CCW not to be a NICS alternative in IL.

[colt-45]

Thanks guys this is really helping

[Pipedoc]

I can verify Kentucky on that list is accurate.