MKEgal
Regular Member
Federal law about handgun purchases & WI law about handgun purchases are not the same.
Since WI recently took the easy way out & decided to reference the federal "GF"SZ act instead of copying the words into its own law, I think we need to do the same with another provision of the gun control code, specifically the 48-hour waiting period.
Here's part of the applicable federal law:
http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000922----000-.html
Or does the fact that WI doesn't issue a "permit to possess or acquire" as some more controlling states do render this moot?
IMO, most states treat a cc permit as a "permit to possess or acquire".
Since WI recently took the easy way out & decided to reference the federal "GF"SZ act instead of copying the words into its own law, I think we need to do the same with another provision of the gun control code, specifically the 48-hour waiting period.
Here's part of the applicable federal law:
http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000922----000-.html
Note - what Federal law defines as acceptable documentation & what WI defines as acceptable documentation differs. I think that should change too.(t)
(1) ... [A] licensed dealer shall not transfer a firearm to any other person who is not licensed under this chapter, unless—
(A) before the completion of the transfer, the licensee contacts the national instant criminal background check system established under section 103 of that Act;
(B)
(i) the system provides the licensee with a unique identification number; or
(ii) 3 business days (meaning a day on which State offices are open) have elapsed since the licensee contacted the system, and the system has not notified the licensee that the receipt of a firearm by such other person would violate subsection (g) or of this section; and
(C) the transferor has verified the identity of the transferee by examining a valid identification document (as defined in section 1028 (d) of this title) of the transferee containing a photograph of the transferee.
(3) Paragraph (1) shall not apply to a firearm transfer between a licensee and another person if—
(A)
(i) such other person has presented to the licensee a permit that—
(I) allows such other person to possess or acquire a firearm; and
(II) was issued not more than 5 years earlier by the State in which the transfer is to take place; and
(ii) the law of the State provides that such a permit is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a firearm by such other person would be in violation of law.
Or does the fact that WI doesn't issue a "permit to possess or acquire" as some more controlling states do render this moot?
IMO, most states treat a cc permit as a "permit to possess or acquire".