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removing the purchase delay in WI law

Mlutz

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Feb 26, 2010
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Fair, however still shocking. If they are working that counter, they need to be trained, period. Tactical shotguns have pistol grips. Does that make them a handgun, or is it still a shotgun? Training will teach the differences. The customer can always still lie. Buy as you pointed out, buying .40 S&W for a carbine would/should bring up a red flag to someone whose trained.

Yes, it's Wal-Mart so you can't expect a lot from them. Not to bash the employees (not my intent at all), but Wal-Mart is not exactly known for there training in anything. The 17 year old kid running the paint department barely knows the difference between a brush and a roller. The guy in home and garden has never mowed or fertilized a lawn in his life. So the odds of anyone in the gun department knowing the difference between rifle and pistol ammo is not expected to be high.

On a side note, do you have to be 18 to sell ammo? I know you have to be 18 to serve liquor, but I've never seen anything that states the same thing for ammo sales.

If it is designed or redisigned to be fired from one hand, it is a handgun...
Bring up a red flag? Why?
 

protias

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Dec 18, 2008
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SE, WI
Fair, however still shocking. If they are working that counter, they need to be trained, period. Tactical shotguns have pistol grips. Does that make them a handgun, or is it still a shotgun? Training will teach the differences. The customer can always still lie. Buy as you pointed out, buying .40 S&W for a carbine would/should bring up a red flag to someone whose trained.

Yes, it's Wal-Mart so you can't expect a lot from them. Not to bash the employees (not my intent at all), but Wal-Mart is not exactly known for there training in anything. The 17 year old kid running the paint department barely knows the difference between a brush and a roller. The guy in home and garden has never mowed or fertilized a lawn in his life. So the odds of anyone in the gun department knowing the difference between rifle and pistol ammo is not expected to be high.

On a side note, do you have to be 18 to sell ammo? I know you have to be 18 to serve liquor, but I've never seen anything that states the same thing for ammo sales.

Kriss Super V, Beretta PX4 Storm, and H&K MP5 (just a few examples, I know there are many more) all use pistol rounds, even though they are rifles. .410 can be used in a handgun, rifle, or shotgun. Oh no, what do we do now?!
 

Tom Maassen

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Jul 8, 2011
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59
Location
West Bend, Wisconsin, United States
Oh no, what do we do now?!

That's exactly my point! Reading back, my original post wasn't worded correctly to get my point across, and I apologize for that.

What makes rifle and pistol ammo different? According to Wikipedia, a handgun can chamber anything for the 2.34 mm all the way up to a .577 Boxer round, and that's before some of the really fun guns that chamber 30-30, .458 Winchester, or even the .600 Nitro (God help your wrist after pulling that trigger).

9mm is becoming a popular rifle too. I've seen a couple around the club, and they look pretty fun to shoot. So who makes the final call on the difference?

http://en.wikipedia.org/wiki/List_of_handgun_cartridges
 

littlewolf

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Well, maybe not a red flag, but should at least raise an eyebrow. Wal-mart doesn't stock that much ammo (at least the one by me).

View attachment 6321

hehehe my new CC piece.

The tactical pistol grip shotgun is still a long gun 26" overall & 18" barrel and cannot be used for CC under our new law. The Mares Leg however is the alternitive and is a handgun!
 

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Archangel

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Aug 4, 2008
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OTP, Georgia, USA
And pay the extra fee! I think I may start making my purchases in IN so I can take them back the same day, or is that not legal to do?
Correct. That is NOT legal to do. You can buy one from somebody in another state. But the transfer must go through an FFL.
 

MKEgal

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Jan 8, 2010
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in front of my computer, WI
Tom said:
What makes rifle and pistol ammo different?
9mm is becoming a popular rifle too. So who makes the final call on the difference?
The Fleet Farm in Germantown insists that 9mm is only for pistols.
I asked the guy one time why some ammo was behind the counter & most was available for self-service, & he said that the pistol ammo was behind the counter. (The store also requires the clerk to verify your age, fill out a form, put it in a sealed plastic bag, then the checkout clerk also checks your age, but all of that is only for pistol ammo.)

So I asked, what if an adult under 21 wanted ammo for his rifle that uses 9mm?
He says something to the effect of "then it's using pistol ammo & we wouldn't sell it to him". :confused:
If it's a rifle, then it's using rifle ammo.
Wonder how he rationalizes .22?

I know we have some FFLs here... any insight into the "reasoning" of BATFE?

Archangel said:
You can buy [a pistol] from somebody in another state. But the transfer must go through an FFL.
Unless it was used in a crime (including being stolen by police :mad:), how would anyone know?
I'm sure it happens frequently with people with criminal intent,
less frequently with average citizens (some of whom may not know better).
Or how would BATFE prove that I bought a pistol in another state, as opposed to receiving it as a gift from a friend?
(It would, of course, be smart to get something in writing from the friend at the time of the gift... but it's not necessary, so how would they prove their claim that the pistol I own was bought illegally?)
 
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oliverclotheshoff

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Aug 17, 2010
Messages
845
Location
mauston wi
Kriss Super V, Beretta PX4 Storm, and H&K MP5 (just a few examples, I know there are many more) all use pistol rounds, even though they are rifles. .410 can be used in a handgun, rifle, or shotgun. Oh no, what do we do now?!

heres a thought most of the rifle rounds can be used in the contenders so technically they already are selling pistol ammo
 

littlewolf

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May 10, 2010
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The Fleet Farm in Germantown insists that 9mm is only for pistols.
I asked the guy one time why some ammo was behind the counter & most was available for self-service, & he said that the pistol ammo was behind the counter. (The store also requires the clerk to verify your age, fill out a form, put it in a sealed plastic bag, then the checkout clerk also checks your age, but all of that is only for pistol ammo.)

So I asked, what if an adult under 21 wanted ammo for his rifle that uses 9mm?
He says something to the effect of "then it's using pistol ammo & we wouldn't sell it to him". :confused:
If it's a rifle, then it's using rifle ammo.
Wonder how he rationalizes .22?

I know we have some FFLs here... any insight into the "reasoning" of BATFE?


Unless it was used in a crime (including being stolen by police :mad:), how would anyone know?
I'm sure it happens frequently with people with criminal intent,


less frequently with average citizens (some of whom may not know better).
Or how would BATFE prove that I bought a pistol in another state, as opposed to receiving it as a gift from a friend?
(It would, of course, be smart to get something in writing from the friend at the time of the gift... but it's not necessary, so how would they prove their claim that the pistol I own was bought illegally?)


FFL's can only transfer to non FFL's that are residents of the state their license was issued. Also your'e only allowed to sell and or transfer at the address on your license with the exeption of gun shows or certain qualified events and you have to log that on the 4473.
 
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littlewolf

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May 10, 2010
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it would be nice if they gave on this, we wasted the money got the permit, snob around in the school zones (gasp!), and we still get to wait 2 days?!

YUP you pay the DOJ $13 to do a Free NICS Check and have to wait 48hrs. for the result... I wonder what those STATE WORKERS are paid ?
 

littlewolf

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May 10, 2010
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A guy I know does the FFL transfer for $20 and the NICS check on an AK-47 receiver I had sent to him took about 2 minutes....

$20 for a free nics check ain't bad. I only charge $15 for long guns(NICS) and $20 for hand guns.$13 state fee. Since I'm retired my time ain't worth $20 hr no more >lol
 
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jpm84092

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Mar 5, 2010
Messages
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Location
Salt Lake City, Utah, USA
Pretty Silly Law

I remember the 48 hour wait law. It started out as a "cooling off period" law, but LEO with proper photo ID were exempt. It seems pretty silly now that SB-93 is becoming law. Once you have a permit you can carry concealed into the gun store, purchase a handgun while carrying concealed, but must wait to receive your new handgun. And when the wait period is over, you can pick up your new handgun while carrying another one concealed. Pretty Dumb. - Or, perhaps the gun stores support this because it gets you into the store twice. I don't know about you but it nearly takes an ACT OF GOD to keep me from purchasing something when I am at the gun store.

Just as silly - I purchase a handgun at Cabela's or Sportsman's Warehouse while carrying my trusty Springfield XD or Glock, but the store clerk carries the handgun to the check out, I pay, and on my way out, the clerk hands me the new handgun. (I have done this open carry as well.)
 

apjonas

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You're mostly correct on handguns. If you would like to buy one from another state, I think you have to have the seller transfer it to an FFL in your state, who will then sell it to you (I'm not sure; but, if the seller is a private seller, it may have to go from seller to seller's-state FFL to buyer's-state FFL to you). All that assumes that neither state objects (think New York, for example).

As for long guns, that used to be true. I think that was the case for the original Gun Control Act of 1968. In it, long guns could be purchased from contiguous states if BOTH states specifically had a statute which allowed contiguous-state purchase. The Firearm Owners Protection Act removed this provision. Now, long guns may be purchased in any state by residents of any state as long as both states don't specifically prohibit it. Please note that a few states still have the "contiguous state" purchase statutes on their books. For that matter, Florida and a couple of others repealed this law just this year. Until then, Florida residents could purchase only from Alabama, Georgia, and Mississippi; and only residents from Mississippi, Alabama, and Georgia could purchase from Florida.

Disclaimer: Although I plan to be one, I am not a lawyer.

Once the FOPA removed the long gun restriction, the contiguous state rule died. The statutes that states still had on the books were permissive - residents could purchase in an adjacent state and of no effect. They never said anything about not being able to buy. That was within the federal law. So a repeal of the state law isn't necessary.
 

littlewolf

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May 10, 2010
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I remember the 48 hour wait law. It started out as a "cooling off period" law, but LEO with proper photo ID were exempt. It seems pretty silly now that SB-93 is becoming law. Once you have a permit you can carry concealed into the gun store, purchase a handgun while carrying concealed, but must wait to receive your new handgun. And when the wait period is over, you can pick up your new handgun while carrying another one concealed. Pretty Dumb. - Or, perhaps the gun stores support this because it gets you into the store twice. I don't know about you but it nearly takes an ACT OF GOD to keep me from purchasing something when I am at the gun store.

Just as silly - I purchase a handgun at Cabela's or Sportsman's Warehouse while carrying my trusty Springfield XD or Glock, but the store clerk carries the handgun to the check out, I pay, and on my way out, the clerk hands me the new handgun. (I have done this open carry as well.)

Actually the cooling off period is supposedly the time it takes for the DOJ to get a response from NICS if there is a hold on the back round check .Sort of like NICS OK to transfer after a hold in 3 days if no response . I've had that happen on a couple of customers with common names and or skeletons in the closet but no felonies
 

Nascar24Glock

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Jun 29, 2011
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Johnson City, TN
Once the FOPA removed the long gun restriction, the contiguous state rule died. The statutes that states still had on the books were permissive - residents could purchase in an adjacent state and of no effect. They never said anything about not being able to buy. That was within the federal law. So a repeal of the state law isn't necessary.

I'm not so sure about that. Around here (Tennessee), our Wal-marts stock long guns (as I'm sure many do). All of them have a map of the U.S. posted in their gun department, with the states whose residents can purchase from that store colored green and the states whose residents can't purchase colored in red. Florida, Nevada, and South Dakota (among about 10 or fewer other states) were marked in red, as of a couple of months ago. If I recall right, those three states (along with a couple of others) repealed their contiguous state law this year.

It probably depends on how the states' versions of the law are/were written. Those that simply said "contiguous-state residents can purchase" would technically not need repealing, except to eliminate wordiness and prevent possible confusion. However, states that copied the federal law and said (in short) "non-residents can't purchase, unless they are in a contiguous state" would have to repeal their law.
 

jpm84092

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Actually the cooling off period is supposedly the time it takes for the DOJ to get a response from NICS if there is a hold on the back round check .Sort of like NICS OK to transfer after a hold in 3 days if no response . I've had that happen on a couple of customers with common names and or skeletons in the closet but no felonies

I yield to your knowledge Sir. Here in UT, as one of the super-six in the eyes of the ATF, there is no wait period if one has a UT CFP since UT repeats background checks every 24 hours (usually at 2 AM each day including weekends).
 
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