Warning

 

Close
Confirm Action

Are you sure you wish to do this?

Cancel Confirm
AR15.COM
10/7/2009 11:55:49 AM EDT
Although I am a FFL, I am vague to this law and can not seem to find it on the internet.  If an Indiana resident wants to buy a long gun I know he has to fill in the 4473 but does he have to wait the 24hour waiting period providing he is approved from the back ground check? Does anyone know the regulation that states the answer one way or another?

I think I know the answer but want to make sure.
10/7/2009 3:23:13 PM EDT
[#1]
IIRC the law of the buyer's home state is followed - thus the wait for a longarm purchase for IL buyers in WI while local residents can cash-n-carry.
10/7/2009 4:29:33 PM EDT
[#2]
I would read it as yes, unless it's at a gun show.

(720 ILCS 5/24‑3) (from Ch. 38, par. 24‑3)
   Sec. 24‑3. Unlawful Sale of Firearms.
   (A) A person commits the offense of unlawful sale of firearms when he or she knowingly does any of the following:
       (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.
10/8/2009 7:58:59 AM EDT
[#3]
I think that the out of state resident still has to wait the 24 hours for long gun transfer, unless as stated above, you're at an officially recognized gun show.
10/8/2009 3:05:37 PM EDT
[#4]
I guess this is why I did not know the law exactly either, seems to me it would be simple to state one way or another.  But sifting throught the 10s of thousands pages of laws is bad to say the least.