From: cdt@sw.stratus.com (C. D. Tavares)
Newsgroups: talk.politics.guns
Subject: Re: Reading Brady
Date: 21 Aug 92 18:51:42 GMT
Distribution: usa
Organization: Stratus Computer, Inc.

In article <17355iINNjap@agate.berkeley.edu>, fcrary@ocf.berkeley.edu (Frank Crary) writes:
> >(1) A dealer may not sell a handgun unless one of the following is true:
> >...
> >	If the chief doesn't respond, the waiting period still stops 
> >	after seven days and the dealer can deliver.  (If the chief
> >	finds out the buyer is a Bad Guy, see 4.)
> 
> This clause specifies the seven day period as starting when the police
> receive the paperwork. I _think_ there is something about the dealer
> being notified by the police of this, before he starts to clock on the 
> waiting period.

No.  Here's the text.

                       102d CONGRESS 1st Session
				H.R. 7
...
May 9 (legislative day, April 25) 1991     Received
May 15 (legislative day, April 25) 1991    Read the first time
Passed the House of Representative May 8, 1991.
...

"(s)(1) It shall be unlawful for an licensed importer, licensed
manufacturer, or licensed dealer to sell, deliver,or transfer a handgun to
an individual who is not licensed under section 923, unless --

    "(A) after the most recent proposal of such transfer by the
	transferee --

	"(i) the transferor has --

	    "(I) received from the transferee a statement of the transferee
	    containing the information described in paragraph (3);

	    "(II) verified the identification of the transferee by examining
	    the identification document presented; and

	    "(III) within one day after the transferee furnishes the
	    statement, provided a copy of the statement to the chief law
	    enforcement officer of the place of residence of the transferee;
	    and

{the dealer has ONE day to get the paperwork to the chief.}

	"(ii)(I) 7 days have elapsed from the date the transferee furnished the
	    statement, and the transferor has not received information from
	    the chief law enforcement officer that receipt or possession of
	    the handgun by the transferee would be in violation of Federal,
	    State, or local law; or

{the chief sits on it for seven days from the day the dealer DELIVERED it,
 in which case the sale can proceed.}

	    "(II) the transferor has received notice from the chief law
	    enforcement officer that the officer has no information
	    indicating that receipt or possession of the handgun by the
	    transferee would violate Federal, State, or local law; ...

{the clock stops when the chief responds that the buyer is OK, and the sale
 can proceed.}

> >(2) If the chief doesn't want to do anything, he doesn't have to.
> >    (But the clock STILL ticks despite his inaction.)
> 
> The copy I saw didn't mention the waiting period at this point, it
> simply said something like, "Nothing in this law shall be construed
> to require police departments to take any action." (Which would include
> accepting the paperwork on a sale.)

"(2) Paragraph (1) shall not be interpreted to require any action by a
chief law enforcement officer which is not otherwise required.

Since there is NO requirement anywhere for the chief to acknowledge
receipt of the paperwork -- only for the dealer to deliver it -- and
since everything is clocked from the time the dealer delivers it, what
this says is that nobody is forcing the chief to do a background check --
but the buyer still gets the gun after seven days because of (ii)(I).
-- 

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