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72-hour hold on firearm purchases


WaltherPPQ

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Does anyone know if the 72 hour hold includes weekends and observed holidays? Purchased a handgun this past Friday at the BassPro. They ran my background check and was approved on the spot. I was under the impression that the 72 hours starts from the time your background had been approved regardless of any holidays or weekends. So if I was approved on Friday 10 am I should be able to pick up my firearm on Monday anytime after 10 am, correct? Somehow the salesperson tells me I can pick it up Tuesday because the ISP is observing the holiday this Monday. That does not make any sense to me but I could be wrong. I’ve searched the internet but couldn’t find anything specific to weekends and holidays being either included or excluded in 72 hour mandatory hold. Any help appreciated!

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I believe the law only specifies the required 72 hour wait time extends for 72 hours from the time agreement to purchase is reached — nothing about approval, calendar days, office hours or anything else.


How vendors choose to calculate the wait time is up to their policy, so long as the above is met.

I’ve known of vendors calculating it as exactly 72 hours from agreement to purchase (as evidenced by CC charge), while others calculate it at exactly 72 hours after approval and yet others who calculated it to start of the next business day following the day 72 hours after approval is received, and there are probably hundreds of other various other schemes out there to determine the waiting period. If BassPro says you can’t pick it up till Tuesday then your waiting period ends Tuesday, and that’s not likely to change no matter what you argue.

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

    Sec. 24-3. Unlawful sale or delivery of firearms.

    (A) A person commits the offense of unlawful sale or delivery of firearms when he or she knowingly does any of the following:

 

(g) Delivers any firearm, incidental to a sale, without withholding delivery of the firearm for at least 72 hours after application for its purchase has been made.

 

For purposes of this paragraph (g), "application" means when the buyer and seller reach an agreement to purchase a firearm.

 

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On 12/25/2022 at 10:07 AM, THE KING said:

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

    Sec. 24-3. Unlawful sale or delivery of firearms.

    (A) A person commits the offense of unlawful sale or delivery of firearms when he or she knowingly does any of the following:

 

(g) Delivers any firearm, incidental to a sale, without withholding delivery of the firearm for at least 72 hours after application for its purchase has been made.

 

For purposes of this paragraph (g), "application" means when the buyer and seller reach an agreement to purchase a firearm.

 

 

This ^

 

Per statute the 72 hours begin when buyer and seller a reach an agreement.  Not 72 business business hours.  Not 72 hours from signature or background check.  Not  72 hours excluding weekends and holidays, but 72 hours, period.

 

As mentioned earlier, stores are free to set their own policy as long as the minimum 72 clock hour requirement is observed.  Many use the background check as a documented starting point or impose longer periods to avoid any "gotcha's", but it isn't required in law.

 

Here's a link to the statute.

 

 

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A couple summers ago, a colleague purchased a new pistol from the Bolingbrook Bass Pro.  They called him the next day and said it was ready to go, so he stopped by and picked it up. A couple hours later they called him back to please return the gun because they made a mistake and released it to him two days early... he said NO. There were no further problems.

 

Cheers,

Tim

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I had the same scenario happen at Dick's Sporting Goods in Rockford.  Bought a rifle, picked it up at the end of the waiting period.  Made it to one of my places in another state and they called me as they had forgotten to call it in to ISP.  They wanted me to drive back with it, made all sorts of threats, and I told them if they wanted it they could pick it up in the state I was in and to bring the purchase price in cash.  That was the last I heard from them.

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I have had the same experience at Bass Pro. They are quick to make the sale but not so quick to release the gun. I think they and most FFLs are just being careful to follow the law and then some so they don't have any problems with the ISP. I figure it's good that they are being careful and an extra 24 hours gives me time to shop for a holster or extra mags. At least there are still a few local stores that actually sell firearms for those that desire to purchase them. I'm happy to wait an extra day and have the store available when I need something in the future. Patience is something that you need if you want to live in this state.

 

This is my first post. I have been reading the site for many years and joined because I am taking the concealed carry class next month. I am thankful for all of you 2nd Amendment defenders.

 

Merry Christmas

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On 12/25/2022 at 5:40 PM, mousegun6 said:

This is my first post. I have been reading the site for many years and joined because I am taking the concealed carry class next month. I am thankful for all of you 2nd Amendment defenders.

 

Merry Christmas

 

Welcome aboard, Mousegun6!

 

If you have the means... consider becoming a supporting member.

There's also a new Litigation Fund to contribute to.

 

Cheers,

Tim

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Bass Pro has their own set of rules as how to apply the 72 hr. waiting period that don't necessarily follow the ISP rules.Back in Sept I had to make a 1 hr. drive twice to pick up a firearm purchase because they didn't understand the law.The counter person understood,it but their policy is not in accordance with what IL law says in certain ways.

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I always call before going to pick up the firearm at a dedicated gun store.

 

If you are buying from a big box store then the procedure is different because they have so many part timers who don't know store policy or the law. 

Get the direct phone number for the gun counter and get the the name of the person who will be in charge the day you can pick up the gun. If you are lucky that person is there on the day you buy it and the day you can pick it up. 

 

 

 

 

 

 

 

 

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     Ok guys/gals, the 72hrs waiting period for purchasing a firearm begins upon agreement. An agreement can be a phone conversation but has to be memorialized, some how. As an FFL 01 Dealer w/CL III SOT I use a down payment w/invoice. It is known as the Hurtado decision and is on the ISP Website. Weekends and holidays do count as far as the 72hr waiting period but ISP will clearly tell you that they do Not have to Approve of anyone on the weekends and holidays, even though they do all the time. ISP wants to have a weekend/holiday cushion in case they get real busy. Now for the main question above, the 72hr waiting period "freezes," or gets delayed only if the FFL Dealer is CLOSED. Yes, CLOSED! So, if the FFL Dealer is Closed on Christmas Day, then Christmas Day does NOT count as far as the 72hr waiting period goes. That is the main reason why most brick & mortar FFL Dealers are open 7 days a week. I personally saw 2 customers on Christmas Eve, did not see any customers on Christmas Day but didn't schedule anyone. It would be difficult to prove I was open when I have a few cleared pick-ups and didn't schedule anyone so technically, I was closed on Christmas Day.

     Now, the process for purchase and pick-up should all be the same no matter what FFL Dealer you go to. The only difference should be whether the FFL Dealer recognizes the Hurtado decision or begins the 72hr waiting period when the background check begins. Now for the guys/gals who were asked to come back because of errors made by the FFL Dealer, please go back. These errors could cause the FFL Dealer to lose his license, even if they're @ssholes, be righteous and go correct those errors. Another fellow home-based FFL Dealer that I spoke to recently had a compliance inspection and had errors on multiple 4473s. ATF Investigators told him to call every customer and have them come back and correct the errors on the 4473 forms. He was told that the customer didn't have an option. So, maybe in the past you disregarded the FFLs request to come back and correct errors on the 4473 form but in 2day's ant-gun DOJ, you might not have the same choice as you did in the past.  

Edited by ealcala31
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On 12/26/2022 at 2:48 AM, ealcala31 said:

 Now for the guys/gals who were asked to come back because of errors made by the FFL Dealer, please go back. These errors could cause the FFL Dealer to lose his license, even if they're @ssholes, be righteous and go correct those errors. Another fellow home-based FFL Dealer that I spoke to recently had a compliance inspection and had errors on multiple 4473s. ATF Investigators told him to call every customer and have them come back and correct the errors on the 4473 forms. He was told that the customer didn't have an option. So, maybe in the past you disregarded the FFLs request to come back and correct errors on the 4473 form but in 2day's ant-gun DOJ, you might not have the same choice as you did in the past.  

 

So this dealer, who made a choice to become a FFL...who either does this all day every day or does this enough that this should just be second nature to them...had screwed up multiple times?

Then this FFL was told to call all his customers and have them come back and correct the errors that the FFL didn't catch...and that customers didn't have an option?

 

Ok...so what's the penalty for not correcting the errors? and does the penalty fall on the FFL or does it fall on the customer?

 

And what is the FFL going to do if the customers disregard the "request"? Because if it can be disregarded then it is a request. If it cannot be disregarded then it was never a request and then we get into other things like...

 

Is there some sort of penalty that falls on the customer ? Then the customer would be inclined to come back and fix it, but I'm certain if I were the customer then I'd never deal with the FFL in question again. 

 

If there is some sort of penalty and that falls on the FFL then that's not a customer problem that's a FFL problem and it sounds pretty important for them. My thoughts on that end of the spectrum would probably stir up some hate and discontent so I'm just gonna leave that alone.

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On 12/28/2022 at 11:03 AM, solareclipse2 said:

 

So this dealer, who made a choice to become a FFL...who either does this all day every day or does this enough that this should just be second nature to them...had screwed up multiple times?

Then this FFL was told to call all his customers and have them come back and correct the errors that the FFL didn't catch...and that customers didn't have an option?

 

Ok...so what's the penalty for not correcting the errors? and does the penalty fall on the FFL or does it fall on the customer?

 

And what is the FFL going to do if the customers disregard the "request"? Because if it can be disregarded then it is a request. If it cannot be disregarded then it was never a request and then we get into other things like...

 

Is there some sort of penalty that falls on the customer ? Then the customer would be inclined to come back and fix it, but I'm certain if I were the customer then I'd never deal with the FFL in question again. 

 

If there is some sort of penalty and that falls on the FFL then that's not a customer problem that's a FFL problem and it sounds pretty important for them. My thoughts on that end of the spectrum would probably stir up some hate and discontent so I'm just gonna leave that alone.

I was always told that any errors or corrections with the 4473 is the responsibility of the FFL Dealer. Now the FFL who had this compliance inspection was told that the corrections must be made and to call the customer to come back and make the corrections. From what he told me, it wasn't a "request" it was a requirement. That is very rare and I have no idea if there is a law, penalty, or regulation that pertains to the actual customer being required to come back to the FFL Dealer and make corrections on his 4473 form. But my question to you is, if there was an error made on the 4473 and I, the FFL Dealer, miss it upon pick-up but catch it later during an audit, what's the problem with you coming back and correcting the error? We are all human beings and we make mistakes and sometimes overlook mistakes. 99.99% of the mistakes are the customers mistakes, putting the wrong date on the 1st or 2nd signature, missing the recertification signature (2nd signature), not marking the height, weight, or 18.a. ethnicity. 18.a. is the biggest problem I have with 4473 forms, customers intentionally do not mark it. I have to keep an eye on it. But your reply appears to be hostile, if you refuse to come back and make corrections on the 4473 Form so the FFL Dealer doesn't get in trouble with ATF, you wouldn't be a customer I would want, whether Transfer or direct purchase. To be frank, if it was a FFL Transfer and he charged you $20 and missed an error on the 4473, calls you back and asks you nicely if you would come back to fix that error and you refuse, who would want you as a customer? For $20 he might get his license revoked, get his license suspended, or get out of a serious error if you would come back and correct it for him but you have the F' you mentality, that's a shame...

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On 12/28/2022 at 9:41 PM, ealcala31 said:

I was always told that any errors or corrections with the 4473 is the responsibility of the FFL Dealer. Now the FFL who had this compliance inspection was told that the corrections must be made and to call the customer to come back and make the corrections. From what he told me, it wasn't a "request" it was a requirement.

 

As a requirement, there should be some clear consequences for the customer... such as a hold on all future approvals until the correction is made.

 

In a situation such as my colleague encountered, I would have already calculated the pickup day and time and questioned the fella who called to have me pick it up early.

 

Cheers,

Tim

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On 12/29/2022 at 6:22 AM, soundguy said:

 

As a requirement, there should be some clear consequences for the customer... such as a hold on all future approvals until the correction is made.

 

In a situation such as my colleague encountered, I would have already calculated the pickup day and time and questioned the fella who called to have me pick it up early.

 

Cheers,

Tim

I don't believe the customer should be penalized or have future firearm purchases delayed. Honestly, if a FFL Dealer calls a customer and says there is an error on the 4473 form and can you please come back and correct, I can't see what's the problem. If the customer is going to need a week, 2 weeks, or a month, that's fine. Let's just get this done right. Is it an inconvenience, it sure is, is the process & questions b#ll$hit, yes it is. Until we can get this changed, this is the game we're playing...

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To come in and change some info on a form is one thing . To say that an incorrect entry was made and I need to bring my firearm back for a day or two extra hold , when I have already had said firearm for a few days , isn't going to happen with me.  I would go in to make a correction on the form though.

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So what would be the “correction” for a firearm released early?


You say you are okay if I need a week or whatever. So if I tell you I’ll be back in in, say, three days then what? 

You want me to come in and “fix” the delivery date on the form? Sorry, that ain’t happening - no how, no way.
 I’ll not falsify the actual delivery date on a federal form to “fix” the problem….

 

As to fixing “problems” with the form - it’ll depend entirely on what that “fix” entails…. 

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On 12/29/2022 at 3:57 PM, Tip said:

So what would be the “correction” for a firearm released early?


You say you are okay if I need a week or whatever. So if I tell you I’ll be back in in, say, three days then what? 

You want me to come in and “fix” the delivery date on the form? Sorry, that ain’t happening - no how, no way.
 I’ll not falsify the actual delivery date on a federal form to “fix” the problem….

 

As to fixing “problems” with the form - it’ll depend entirely on what that “fix” entails…. 

There is no fix, it's a correction. ATF has always allowed corrections. I make mistakes myself and I correct them. Once you leave, the 4473 cannot be altered. The FFL Dealer will make a copy of the 4473 page that needs corrections. You will put a straight line through the error, correct the error, then initial & date the day you came to make the correction. The copied sheet goes inside the 4473 and the powers that be are happy. I have a form I created on Word for this and have a comments area. 1st call: Called customer, no answer. Left message. 

2nd call: Spoke to customer and stated he wasn't coming back.

Etc...

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On 12/25/2022 at 10:32 AM, mauserme said:

 

This ^

 

Per statute the 72 hours begin when buyer and seller a reach an agreement.  Not 72 business business hours.  Not 72 hours from signature or background check.  Not  72 hours excluding weekends and holidays, but 72 hours, period.

 

As mentioned earlier, stores are free to set their own policy as long as the minimum 72 clock hour requirement is observed.  Many use the background check as a documented starting point or impose longer periods to avoid any "gotcha's", but it isn't required in law.

 

Here's a link to the statute.

Yup, that's what I would do if I ever sold one again, which i will not. Use the P2P check for the clock start, and another at delivery.

On 12/25/2022 at 10:32 AM, mauserme said:

 

 

 

Edited by John Q Public
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On 12/29/2022 at 3:57 PM, Tip said:

So what would be the “correction” for a firearm released early?


You say you are okay if I need a week or whatever. So if I tell you I’ll be back in in, say, three days then what? 

You want me to come in and “fix” the delivery date on the form? Sorry, that ain’t happening - no how, no way.
 I’ll not falsify the actual delivery date on a federal form to “fix” the problem….

 

As to fixing “problems” with the form - it’ll depend entirely on what that “fix” entails…. 

I missed the "early" part on your 1st question. Nothing. The FFL Dealer violated state law.

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On 12/25/2022 at 5:40 PM, mousegun6 said:

I have had the same experience at Bass Pro. They are quick to make the sale but not so quick to release the gun. I think they and most FFLs are just being careful to follow the law and then some so they don't have any problems with the ISP. I figure it's good that they are being careful and an extra 24 hours gives me time to shop for a holster or extra mags. At least there are still a few local stores that actually sell firearms for those that desire to purchase them. I'm happy to wait an extra day and have the store available when I need something in the future. Patience is something that you need if you want to live in this state.

 

This is my first post. I have been reading the site for many years and joined because I am taking the concealed carry class next month. I am thankful for all of you 2nd Amendment defenders.

 

Merry Christmas

Mousegun6 - Welcome, your checks have been received.  Thanks for the generous donation to supporting member as well as the litigation fund.  I'll get them to the treasurer today!!  

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  • 7 months later...

Quick question:

I recently went to a shop to purchase a handgun. Everything was great. Knew what I wanted, so it went quick.  Problem here is employee helping do background check screwed up my background check with the ISP by putting my first name as last and last name at first.  Shop called me yesterday about issue, and we did another application. This isn’t a huge deal to me- I just want to be clear what the law exactly is.  Does the 72 hour waiting period begin when I agree to buy and seller agrees to sell or does 72 hour waiting period begin the moment background check is submitted to ISP?  Again, not bothered by the longer wait- I just want to be educated.  I went in Friday, so 72 hours was due to expire today but instead I had to go back to shop yesterday to redo background check so shop says click started over so now I go back Wednesday to pick up pistol. 
Cheers

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On 8/7/2023 at 4:59 PM, CFREUND01 said:

Quick question:

I recently went to a shop to purchase a handgun. Everything was great. Knew what I wanted, so it went quick.  Problem here is employee helping do background check screwed up my background check with the ISP by putting my first name as last and last name at first.  Shop called me yesterday about issue, and we did another application. This isn’t a huge deal to me- I just want to be clear what the law exactly is.  Does the 72 hour waiting period begin when I agree to buy and seller agrees to sell or does 72 hour waiting period begin the moment background check is submitted to ISP?  Again, not bothered by the longer wait- I just want to be educated.  I went in Friday, so 72 hours was due to expire today but instead I had to go back to shop yesterday to redo background check so shop says click started over so now I go back Wednesday to pick up pistol. 
Cheers

 

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Quick question:

I recently went to a shop to purchase a handgun. Everything was great. Knew what I wanted, so it went quick.  Problem here is employee helping do background check screwed up my background check with the ISP by putting my first name as last and last name at first.  Shop called me yesterday about issue, and we did another application. This isn’t a huge deal to me- I just want to be clear what the law exactly is.  Does the 72 hour waiting period begin when I agree to buy and seller agrees to sell or does 72 hour waiting period begin the moment background check is submitted to ISP?  Again, not bothered by the longer wait- I just want to be educated.  I went in Friday, so 72 hours was due to expire today but instead I had to go back to shop yesterday to redo background check so shop says click started over so now I go back Wednesday to pick up pistol. 
Cheers

  •  
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On 8/7/2023 at 4:59 PM, CFREUND01 said:

Quick question:

I recently went to a shop to purchase a handgun. Everything was great. Knew what I wanted, so it went quick.  Problem here is employee helping do background check screwed up my background check with the ISP by putting my first name as last and last name at first.  Shop called me yesterday about issue, and we did another application. This isn’t a huge deal to me- I just want to be clear what the law exactly is.  Does the 72 hour waiting period begin when I agree to buy and seller agrees to sell or does 72 hour waiting period begin the moment background check is submitted to ISP?  Again, not bothered by the longer wait- I just want to be educated.  I went in Friday, so 72 hours was due to expire today but instead I had to go back to shop yesterday to redo background check so shop says click started over so now I go back Wednesday to pick up pistol. 
Cheers

The waiting period begins when the seller’s policy determines it begins SO LONG AS it is NOT shorter than 72 hours from the agreement to purchase.

The law actually says agreement to purchase but many, if not most, use other timeframes with probably the most prevalent being submission of BGC.

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On 8/7/2023 at 5:07 PM, Tip said:

The waiting period begins when the seller’s policy determines it begins SO LONG AS it is NOT shorter than 72 hours from the agreement to purchase.

The law actually says agreement to purchase but many, if not most, use other timeframes with probably the most prevalent being submission of BGC.

Thanks for the clarification. 

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On 8/7/2023 at 5:12 PM, CFREUND01 said:

Thanks for the clarification. 


I have purchased guns though GunBroker which are sent to my favorite FFL. Usually the gun arrives 3 days after the purchase and I visit my FFL, fill out the 4473, it is instantly approved and I take my new gun home. This is the way it should be. Even at a big box gun store. 
 

Bass Pro has their own more restrictive policies. Not much you can do about it. 
 

 

Cheers,

Tim

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On 8/7/2023 at 5:06 PM, CFREUND01 said:

 

 

Quick question:

I recently went to a shop to purchase a handgun. Everything was great. Knew what I wanted, so it went quick.  Problem here is employee helping do background check screwed up my background check with the ISP by putting my first name as last and last name at first.  Shop called me yesterday about issue, and we did another application. This isn’t a huge deal to me- I just want to be clear what the law exactly is.  Does the 72 hour waiting period begin when I agree to buy and seller agrees to sell or does 72 hour waiting period begin the moment background check is submitted to ISP?  Again, not bothered by the longer wait- I just want to be educated.  I went in Friday, so 72 hours was due to expire today but instead I had to go back to shop yesterday to redo background check so shop says click started over so now I go back Wednesday to pick up pistol. 
Cheers

  •  

We go by the date/time on the receipt, when the paperwork is actually completed is irrelevant as long as its completed before pickup, and of course we get an approval back from ISP. If someone buys online 72 hours before coming in for paperwork they can take the gun home as soon as the paperwork is complete as long as we get and instant response back from ISP.

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