When purchasing a firearm from a Federal Firearms License (FFL) holder, one of the frequently asked questions by gun buyers is: “How long can an FFL hold your firearm?” Whether you’re in the process of buying a firearm or simply curious about the legalities involved, it’s important to understand the guidelines around firearm storage, as they can differ based on federal and state regulations. This article will provide a detailed overview of the relevant rules and regulations concerning how long an FFL can hold a firearm, and the important factors that can influence these decisions.
What is an FFL?
A Federal Firearms License (FFL) is a license issued by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to individuals and businesses involved in manufacturing, importing, or dealing in firearms and ammunition. An FFL is required for anyone who sells firearms in the United States. This license ensures that firearms dealers comply with all federal laws and regulations related to gun transactions.
In addition to selling firearms, FFL holders also play an important role in transferring firearms between individuals. If you are purchasing a firearm from a private seller, the transaction must often go through an FFL holder to comply with background check requirements, which are enforced under the National Instant Criminal Background Check System (NICS).
Factors Influencing the Duration an FFL Can Hold Your Firearm
The question of how long an FFL can hold your firearm is influenced by several factors, including the specifics of the purchase or transfer, the state in which the transaction occurs, and any potential delays in processing or background checks. Let’s break down these factors in greater detail.
1. Legal Waiting Periods
In some states, there are mandatory waiting periods between the time a firearm is purchased and when the buyer can legally take possession of it. These waiting periods vary by state, and the time an FFL can hold the firearm often depends on this. For example:
- California has a mandatory 10-day waiting period for all firearm purchases.
- Florida has a three-day waiting period for handguns and a seven-day waiting period for rifles and shotguns, though these may vary depending on the buyer’s background check results.
The FFL holder is responsible for ensuring compliance with these state-specific laws, and they may hold the firearm for the duration of the waiting period until the buyer is cleared to take possession.
2. Completion of Background Check
For every firearm purchase, a background check is required under federal law. This check is done through the NICS, and it typically takes just a few minutes to complete. However, there are instances when a background check may be delayed, and the buyer is not immediately approved. If a background check is delayed, the FFL can hold the firearm for the duration of the delay.
Under federal law, the FFL holder is required to make a decision on the transfer of the firearm within three business days. If the NICS background check is still pending after this time, the FFL is allowed to transfer the firearm to the buyer, unless the NICS denies the transfer or requires further action. However, some states may have additional laws that extend the waiting period for delayed background checks.
3. State-Specific Rules for Firearm Storage
While federal law governs the basic rules surrounding firearms, each state has the ability to set its own regulations. Some states impose additional restrictions on how long an FFL can hold a firearm, and they may require the FFL to store the firearm for longer periods if a background check is pending or if the buyer is not eligible to take possession.
For example, in states with strict gun control laws, the FFL might be required to hold onto the firearm for an extended period if there are concerns regarding the buyer’s eligibility to own a firearm. This might be the case in states such as New York, Massachusetts, and New Jersey, where strict regulations and extensive background checks are often required. On the other hand, in states with less stringent laws, FFLs may have more leeway in terms of how long they can hold a firearm.
4. Pre-Purchase or Layaway Agreements
Some buyers may enter into pre-purchase agreements or layaway plans with an FFL holder to reserve a firearm. In these situations, the FFL may hold the firearm for an agreed-upon period of time, which can range from a few weeks to several months, depending on the terms of the agreement. The FFL is generally required to keep detailed records of these transactions and hold onto the firearm until the buyer completes the payment or fulfills any other conditions stipulated in the agreement.
It’s important for both the buyer and the seller to clarify these terms at the time of the purchase, including how long the firearm will be held, any cancellation or refund policies, and the specific payment schedule.
5. Transfer of Firearm Between States
If you are transferring a firearm between states, the FFL holder may need to follow additional regulations depending on the state of residence of the buyer and seller. In these cases, the FFL may hold the firearm until the legal transfer is complete, and the buyer is able to take possession. Some states require the buyer to take the firearm directly from an FFL holder in the state of purchase, while others allow interstate transfers through licensed dealers.
6. Unclaimed Firearms
There are also instances where a buyer fails to claim a firearm after the purchase. If a buyer does not complete the transaction or pick up the firearm after the purchase is completed, the FFL holder will have to store the firearm. In such cases, the FFL will generally have a policy in place to store the firearm for a specific period before taking any further action, such as returning the firearm to the manufacturer, sending it to another buyer, or transferring it to law enforcement.
It’s common for FFLs to keep firearms for a minimum of 30 days before taking further action, but this period can vary based on the circumstances. Some states have specific laws regarding unclaimed firearms, and in these cases, the FFL may be required to hold the firearm for an extended period or initiate forfeiture procedures.
7. Temporary Holds for Inspection or Transfer
Occasionally, an FFL holder may place a temporary hold on a firearm if there are issues with the firearm’s condition or if it needs further inspection before it is sold. This may happen if the firearm has been returned or has issues that need to be addressed before it is sold to the buyer. In these cases, the firearm may be held until the necessary repairs are made or until the buyer has had a chance to inspect the firearm.
FFL Hold Time Guidelines
Federal law does not specifically mandate how long an FFL holder can hold a firearm once it has been approved for transfer, but there are several factors that can affect this time frame. Typically, FFL holders will hold firearms for 30 days or longer, depending on the circumstances. Some FFLs may hold a firearm for up to 60 days, and the buyer can generally contact the FFL during this period to inquire about the status of their firearm.
Conclusion
Understanding how long an FFL can hold your firearm is essential for gun buyers, especially those who are navigating the complexities of firearm transfers. While federal law provides some guidance on the matter, state-specific regulations and the circumstances of your transaction may affect the length of time an FFL can legally hold your firearm.
Whether due to background check delays, mandatory waiting periods, or layaway agreements, an FFL will typically hold your firearm until you are cleared to take possession or until the purchase conditions are fulfilled. Always be sure to clarify the details with your FFL holder, including storage times, delays, and any specific regulations that may apply in your state.
If you have any questions about how long an FFL can hold your firearm, consult with your local FFL holder or legal counsel to ensure that you comply with all applicable laws and requirements.
