New York Reveals the Scam Behind Firearms Waiting Periods

Opinion

Scam Alert
New York Reveals the Scam Behind Firearms Waiting Periods

New York – -(AmmoLand.com)- Among the many anti-Second Amendment bills being considered in New York is S.2374/A.2690. Behind that combination of two letters and eight numbers is a very insidious way of infringing your right to keep and bear arms. Essentially, it can impose a waiting period of up to 30 days. These bills, if they pass the state legislature, will likely be signed by Andrew Cuomo.

If you want a prime example of a gun control law that has been overtaken by technology, the waiting period is it.

These days, it shouldn’t be hard to run a background check and have the answer in minutes. The National Instant Check System should be instant, but it isn’t – and that should be fixed. So, what is the big deal?

Look, let’s get this out of the way. NICS is not even close to an ideal situation, but it is better than some of the alternatives anti-Second Amendment extremists have pushed. Remember, in 1968, Lyndon Johnson wanted the United States to enact a licensing and registration scheme and blasted the “gun lobby” (read: NRA) for the non-inclusion of said licensing and registration in the Gun Control Act of 1968.

So, what is the purpose of a waiting period when cops can run a license check on you and find out if you have a record and outstanding warrants in a matter of minutes at most during a traffic stop? It’s not really about making sure a firearm doesn’t fall into the wrong hands, far from it.

If they were serious about that, they’d be all for flagging Immigration and Customs Enforcement if a check determines that an illegal immigrant is trying to buy a gun. They’d be enforcing existing laws that have massive penalties for prohibited persons in possession or for straw purchasers. They’d be making sure that felony convictions were included in the NICS database. They’d be holding law enforcement agencies accountable for their failures prior to the shootings.

The fact that they don’t do that means that they are not serious about preventing shootings like those in Parkland, Sutherland Springs, and Aurora, Illinois. The waiting period isn’t there for public safety; it’s to make it harder for law-abiding citizens to exercise their Second Amendment rights. It’s about turning the whole process into a form of punishment.

If one believes what Sarah Brady long ago said in a speech, it’s about achieving a “needs-based licensing” scheme. Or, as House Judiciary Committee chairman Jerrold Nadler admitted, it’s about replicating what was done in Australia. In 1996, Australia passed not just a sweeping ban on semi-automatic rifles and shotguns, but they also made self-defense an invalid reason to own a firearm.

Waiting periods, especially lengthy ones like that in New York, are just one way to get law-abiding citizens to either give up the notion of exercising their Second Amendment rights.

At the very least, those who do exercise them are to be inconvenienced. So, what do we do about that?

Second Amendment supporters must keep in mind is who the real audience is. It isn’t a committed pro-Second Amendment supporter since they are already on our side. It’s not a committed anti-Second Amendment extremist from Moms Demand Action, either. No, the real target is that person who isn’t sure, and who wants more information on the issue, and who wants something done to prevent mass shootings.

The waiting period scam is one that Second Amendment supporters can expose very easily. If Second Amendment supporters can show how proposals from anti-Second Amendment extremists – like waiting periods – are not going to solve the problem and in some ways will endanger some people (like Carole Bowne, killed by an abusive ex-boyfriend while waiting for New Jersey to issue her pistol permit), they have a chance to win converts. That chance will depend not only on knowing the facts but also in being mindful of how they come across to fellow citizens.


Harold Hu, chison
Harold Hutchison

About Harold Hutchison

Writer Harold Hutchison has more than a dozen years of experience covering military affairs, international events, U.S. politics and Second Amendment issues. Harold was consulting senior editor at Soldier of Fortune magazine and is the author of the novel Strike Group Reagan. He has also written for the Daily Caller, National Review, Patriot Post, Strategypage.com, and other national websites.

  • 37 thoughts on “New York Reveals the Scam Behind Firearms Waiting Periods

    1. Well here in the state of New Jermany Jersey, you must first get a background check from local, state police, and SBI. Get your finger prints and wait. I waited 6 months for my Firearm ID Card, and a permission slip. The Slip is a permit to purchase. Now you have 90 days to use that slip. Keep in mind if you have 2 slips you can ONLY PURCHASE ONE FIREARM A MONTH HERE. Now Go to buy a Pistol you go through NIC’s. Every time you want to buy a pistol, you get a background check before you get a new permission slip, last time I waited 13 days for my slip, right now it’s day 16. Now once I get it I go to buy a pistol then I get another background check by NICS.

    2. Remember when Niel Gorsuch was being confirmed, and was being asked about the Second Amendment – and his answer was “IT’S THE LAW OF THE LAND, MA’AM”

      NO – IT’S NOT JUSTICE GORSUCH! IT’S BEEN REPEALED IN MORE THAN A FEW STATES ALREADY!

      It would be nice if you and your fellow justices will take the time to restore our constitutional rights by reigning in a rogue political party by STRIKING DOWN UNCONSTITUTIONAL LAWS THAT REPEAL OUR UNINFRINGED RIGHT TO ARMS.

    3. Non-Compliance and Jury Nullification will send all null and void laws to the landfill. And when they send foreign troops to your house to confiscate your guns, give them to them one bullet at a time, right between the eyes. That goes for traitors, too. After the word gets out that they might get themselves hurt, they might get the gist of the memo.

    4. As an AUSTRALIAN shooter and member of a couple of shooter organisations I wish to raise a couple points about the references to Australian laws.
      In Australia PRIOR to the introduction of the National Firearm Agreement some states already had registration and licensing. Some had no licenses for rifles & shotguns. All states already had licensing and registration for handguns so they were NOT included in the 1996 laws. Self-defence has NEVER been a legal reason for handgun registration and ownership.
      The states which had already implemented licensing never allowed self-defence as a legal reason for rifles or shotguns, but then again there was no reason needed just the need to buy that particular gun.
      People often quote Semi-Automatic rifles and shotguns when speaking of Australia laws. ALL firearms were classified. All were either alowed under specific reasons or banned. Semi-automatics such as the AR-15 can still be purchased, but AIRSOFT was totally banned! Pump-Action rifles can still be purchased and licensed, but pump-action shotguns are classed exactly the same as semi-automatic.
      Airguns, 12Gauge Single barrel shotguns and Rimfire rifles [semi-auto] are the lowest category A. No reason to purchase.
      Centrefire rifles and double barrel shotguns are cat B. Must have legal need
      Semi-auto rimfire and some centrefire Rifles/shotguns are cat C. Must have legal need and hard to get
      Semi-auto CentreFire are CAT D. Must be pro-shooter and/or can’t do required need without such gun,, nearly impossible to get.
      One of the legal reasons to own is membership of approved shooting club (has been the requirement for handguns since the 1950’s), so the MEMBERSHIP numbers and political power of these organisatiosn has BOOMED during the last 22 years.
      The overall number of guns in AUSTRALIA is now greater than PRIOR to the 1996 NFA as most people having joined a club now buy multiple guns whereas previously most only owned one shotgun or rifle.
      Bottom Line: There are mis-truths and lies from both sides of the USA gun issue regarding the situtation in Australia. We can still buy guns, but we have NEVER been allowed to have them for Self-Defence.

      1. Not quite true for Western Australia for a Cat A firearm. All firearms in WA require a “Genuine Need / Genuine Reason” in order to purchase / permit to acquire any firearm regardless of category.
        Moreover this applies if you have or intend to get multiple versions of the same caliber firearm as the powers that be, in most case, do their utmost restrict ownership.
        LAFO’s also require and Property Letter of Authority to use their firearms and / or purchase / Aquire new firearms. Side arms require a club membership before approval is granted.
        In many cases now if you have not provided evidence of experience, a firearms safety awareness course must also be completed.

    5. During the Obama administration the BATF was ordered to stop reporting the “Time to Crime” for the guns that they “traced”. The average was over 5 years and many cases were over 10 years. Was the reason they were ordered not to report that information because it made a lie out of the claim that “waiting periods” would reduce or prevent violent crimes?

    6. I am an FFL holder in the democrat state of Colorado. Colorado has a back ground check system that works very well. It run through the Colorado Bureau of Investigation and NICS they run a state back ground as well as a Fed comes back to you in a few minutes either approve or denied. Denial means you are a felon. Simple.
      What I don’t agree on is there feel good laws is: 10 round mags,universal back ground checks,and gun show back ground checks they are not enforceable laws and that is according to law enforcement officers I have talked to. We in the USA are up shit creek with out a paddle to row with.

      1. Not if we have a “Do Not Comply” citizenry, and a “Jury Nullification” mindset when they haul us into jury duty to help enforce their evil, Commie, Illegal, Unconstitutional screeds printed on toilet paper. The writers of those laws should be charged with sedition and treason. Then given a fair trial, and if found guilty, be tarred and feathered before being given a rail ride down to the hanging tree. Their spawn should be deported to Australia, after they pay for the cost of the trial, and the rope. In most cases, where it is obvious that sedition and/or treason has been commited, such as in the case of those who should know better, a military tribunal would suffice.

    7. I agree if it easy for police to run a check in min, why cant this be done when apply for a firearm in new york. I have 2 rifle that I’m very pleased with and I went through the process like everyone else, later I wanted to go through the process of buying a gun….I didn’t go through it. After filing out all the paper work and tally up all the cost plus purchase for a firearm I quickly was discouraged. I have no record nor do i ever want one and the NYC laws are good within reason but way to stricken. It seems that when bad shit happens in other states Cumo wants to make more changes . …its true who’s stopping the criminals who’s setting regulations on them and yet law abiding citizens get the short end of the stick…..

        1. I thought if it was your 1st gun purchase in AZ you must get a permit by paying the background check and one you pass it’s good for 5 years. My brother lives there and that’s what he had to go through. So did my mom. Took about 5 minutes but then he can get whatever he wants now.

    8. It took @ 10 days for my NICS approval. Never figured out why. I well remember when President Obama had that determined look in his eye(s) on how we can reign in more gun control to make this nation a safer place to live. I think he over did it in some areas. Some law makers use no reason.

    9. This bill is garbage, but there’s a lot of misinformation out there, and this article doesn’t tell the whole story. The “waiting period” they are talking about here is in the event of a NICS hold. If you go into a gun store, pass your NICS check, you can be out the door with your firearm(s) in minutes. What this bill is doing is extending the hold wait from 3 days to 30 days.

      This article fails to point out that the wait is only on holds, even though the linked NRA-ILA page clearly states this. Why is there no mention of it here? Things are bad in New York, Ammoland shouldn’t be making things look even worse than they are.

      1. So if you have a common name, as I do, and have been placed on the hold numerous times, as I have, have no criminal background whatsoever, which I don’t. You get to wait for the government to more thoroughly investigate you. Or you can spend the extra time and money to jump through yet another hoop, and attempt to obtain a UPIN. I’ve been through background checks and fingerprinting to obtain my concealed carry license. I did it a second time when I was considering applying for my FFL. And I did it a third time in order to apply for my UPIN. All this so I can exercise my Constitutionally protected, not granted, right to keep and bear arms. How is any of this BS not an infringement? And do you think I may be on a “list” somewhere? This isn’t about public safety. This is about building a comprehensive list, ie. registration.

        1. Where have I said it’s ok? Where are you getting that from? It’s not ok by any means. It’s a terrible, pointless law that infringes. A law created and passed by slimy downstate liberals. My comment is meant to take Ammoland to task for leaving a key detail out, with the likely goal of inflaming things even more.

    10. That’s all a liberal knows how to do, lie, steal and cheat!
      By the way is that why it takes so long to get a stamp for a SBR or suppressor? Technology and the US government don’t go together!

    11. Yes, I agree with ‘ how come the police can pull someone over driving and run a background check and get information in minutes and yet the gunbanning politicians say they need a 30, 60 or 90 day waiting period to do a background check.This isn’t about drug dealing gangs or stopping suicides it’s to discourage people from buying guns. Next they will copy England and Australia and say you no longer need a gun for self defense-just use a hankie! Ever since FDR, the demon-craps have wanted to copy Hitler and ban all guns in America. Mow they are trying to stop private sales, this is another way for the gun grabbers to find out who owns guns and what kind and the evil, power crazed politicians always tell you ‘it’s for your own good!’ Even if they managed to pass the laws they wanted they’d still call for more. These gun banning cults and hunting banning cults are being funded and run by Bloomberg, Soros, The evil U.N., and foreign governments that hate America. Join the NRA! Just imagine what they could do if they had 10, 20 ,or 30 million members! Gin control = people control = you locked away forever in a gun control concentration camp!

      1. All this is PROOF that they are not really after “keeing guns out of the hands of criminals”. If this WERE the end goal, the “Background Checks” would be ONLY to answer this one question:

        Is Charlie the Gun Buyer legally permitted to possess firearms, Yes, or No?

        If yes, there is no need to list the guns he wants to buy on the form, thus no NEED for the form……….. if NO< he cannot own or buy anything, so again, listing the guns he wants to buy on the form us useless, he can't have them anyway, no matter what it is or how many.

        Think about it……

        NICS will only begin to work as ostensibly intended when it is ALL about the individual and NOT about the hardware on the sales counter

        ALL disqualifyiing incidents MUST be included in the database at NICS, but as we've seen so often of late, they are not. Thus we have Sutherland Springs, Parkland School, , Aurora Theatre, Charlottesville CHurch, Fort Hood One and Two….

        And the whole check MUST become ONLY about the individual putatative transferee……. the FACT they want to include information about the guns is PROOF they are after a registry. Until they drop THAT part of NICS checks, they will ALWAYS be about a registry.

        And WHY can't that NICS database be accessed by ANYONE desiring to sell a gun? If I want to guarantee the Rem 700 I want to sell doesn't go to a prohibited person, I SHOULD be able to call or go online, enter tha tperson's full legal name as in the Social Security database,m passport, driving license), date of birth, residence address, the system cranks, either finds disqualifying records or does not. Gives me a verification code which I can write down or not….. IF the buyer proves later to be prohibited or does something stupid and I am tagged as the source of the gun, they come to me, I provide the verification code to PROVE I checked, I am now exnonerated. No record of the inquir need be kept, other than that SOMEONE checked this name on such a date… and they don't even need to know WHO is checking.
        Since I would have to provide the required information as above, there can be no security breech, as I cannot learn anything about the subject more than what I must provide. Again, the FACT they refuse to accept this as being sufficient to their STATED goals is PROOF they lie about their goals. Which we've known all along, or should have.

      2. Speaking as a law enforcement officer:
        During a traffic stop, we don’t do complete background checks-we check the person’s driving history (some of which may be purged, depending on length of time since last offense), and warrant status. If there is a warrant, additional criminal history may be referenced for safety purposes.

        While computer inquiries generally return within a minute or two (>95% of the time), the computers are sometimes slow. If the person has an out of state license or ID, that can add to the time-if it comes back at all. Not all states report driver histories to each other.

        While all states report into NCIC-the national crime database, not all warrants issued are posted nationwide. Certain courts/police departments in my area won’t enter warrants below a certain threshold and won’t accept persons with certain warrants if that person is stopped outside their jurisdiction.

        1. I believe research showed only 30 states report regularly to the NICS and then only about 30% of the records are reported and that is way felons are able in some cases able to “legally” buy weapons.

    12. IF you are found to be acceptable by NICS to obtain a weapon LEGALLY in the DemocRATically controlled state of Maryland. Maryland has a seven (7) day waiting period when buying a “controlled weapon”. Then If you want to purchase another “controlled weapon”, you MUST wait thirty (30) days before the transaction is ALLOWED to proceed.
      Be fore warned that the 4477 forms are obtained by the state police. Thus there is a REGISTRATION list in Maryland.
      I asked a State Police how I can obtain a carry permit. He asked if I owned a company – which I do not. His reply was “CHANGE THE LAW”. Changing the law in a DemocRATically controlled state is nearly IMPOSSIBLE when the “republiCANT” GOVERNOR is a VERY WEAK Second Amendment supporter.

      1. Those 4473 forms are FEDERAL forms…. HOW is it even legal for state actors to obtain them? THAT should be quashed right away. But hten, I just realised… that state government is so corrupt and bought they do what they want and the courts fall right in line. Maybe a case in a Federal court outside of MD?
        If local governments cannot enforce federal immigration laws, as the cours “found” agsint Arizona, HOW can they use other federal laws to advance their twisted Stat agenda? Same principle….some pigs are more equal than others, aren’t they?

    13. This reminds of the same tactics that the voter discrimination groups used as racial discrimination against Negro voters..
      Let’s get some late filing and processing penalties assessed against the delaying entities.. 72 hour maximum waiting period and $500 a day + damages/losses for each day afterwards.. Light a fire under their ass and see how long they want to sit there holding us in limbo!

      They want felony trespass laws against us for mistakes, and violations, let’s see how they like it!

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