CCW makes you exempt from background check?


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SpookyPistolero
March 22, 2005, 03:54 PM
I have long been under the impression that if you show your CCW permit when purchasing a gun, then they don't have to call in the background check. Is this correct? I remember reading instances were individuals had done just this.

However, when I went to pickup my rifle yesterday, I asked one of the younger guys working there if that was the case. (He is my age, a bit cocky, and likes to hear himself talk. Still a nice fellow though.) He assured me that it wasn't true. I don't completely value his opinion, but when an older, more professional employee came to check out my ID, I left the permit where he could see it too. No dice there.

Either way, it's a small matter, as I still have the rifle and waiting is minimal. But it would still be nice to have the facts.

Take care!

-Spooky

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spacemanspiff
March 22, 2005, 03:58 PM
i think it depends on how the individual state has written the law. it may be that the option is given to the dealer whether or not they will run the check.

and in some states, the plain ol ccw doesnt necessarily cover the nics background. up here in alaska, if you want to be exempted you have to pay extra and submit more fingerprints.

it wouldnt surprise me if some power-mongering gunshop employee wanted to make you feel inferior by insisting on phoning your info in. you know, cause gunshop employees are all evil and whatnot.

:neener:

RoyG
March 22, 2005, 03:58 PM
Depends on the state.

check out
packing.org (http://www.packing.org)
and
PERMANENT BRADY PERMIT CHART (http://www.atf.gov/firearms/bradylaw/permit_chart.htm)

BTW... KY carry Permit/License Does Not Qualify as A NICS check when buying firearms per the BATF.

foghornl
March 22, 2005, 03:59 PM
It is a state-by-state basis.

waterhouse
March 22, 2005, 04:04 PM
I'm a dealer in TX, and I love it when people have their Concealed permit because it means I don't have to make a phone call.

Section 21 of form 4473 (the yellow form you fill out) has a check box and a note that says "No NICS check was required because the buyer has a valid permit which qualifies as an exemtion to NICS. (see instructions to Transferor, sectio 7)

Section 7 basically says: Nics check is not required if a) transfers where the buyer has presented a permit . . .that allows the buyer to carry a firearm, and the permit has been recognized by the ATF as a valid alternative to a NICS check.

All this being said, this probably varies from state to state. Also, the dealer is the one who in the end is responsible for the transfer, and some dealers may be more comfortable calling the FBI to make sure.

hope this helps,
waterhouse

GaryP
March 22, 2005, 04:24 PM
Here in North Carolina a valid NC Concealed Handgun Permit qualifies as an exemption to NICS and holders do not have to purchase a permit to buy a handgun from their local Sheriff. :)


:evil:

SpookyPistolero
March 22, 2005, 04:25 PM
I'm in Kentucky and haven't yet checked what the state law on this is. I will run by packing.org and check it out.

I definitely didn't mean to imply the store employess were giving me the run around or a hard time! The store I go to is really great. Happy to see you, to chat and to offer a coke! It's Classic Arms and Archery, if anyone in central KY is looking for a shop.

Spreadfire Arms
March 22, 2005, 04:35 PM
as waterhouse noted, in TX the CHL is an exemption to NICS. another exemption is:

NFA firearms with approved Form 4. yellow sheet is still performed unless it is a corporation.

NavajoNPaleFace
March 22, 2005, 04:44 PM
In Arizona the CCW allows one to buy without the background check.

So does holding any federal firearms licenses.

yesterdaysyouth
March 22, 2005, 05:02 PM
sorry...

not in KY..

Standing Wolf
March 22, 2005, 05:19 PM
Not in Colorado. That's all that's kept us from enduring more Columbine-style school massacres.

jetman
March 22, 2005, 05:44 PM
I just bought a Kahr PM40 from a local dealer and showed him my Ohio CCW.... unfortunately I STILL had to do the yellow form and pass the NICS background check. It was no problem of course but still a hassle. Too bad Ohio isn't like Texas in this regard.

Bear Gulch
March 22, 2005, 05:48 PM
CCW holders in Idaho are exempt. I got mine back when they were talking about a $15 fee per gun if you didn't hold a permit. I have held one since. Fortunately that law didn't pass.

50 Freak
March 22, 2005, 06:07 PM
here in Kali, a CCW only gets you an exemption to having to prove state residency. Big Whoop :cuss: :cuss:

You still have to do the background check, 10 day wait and 1 HG a month rule.

lyricsdad
March 22, 2005, 06:09 PM
In South Dakota, we have to fill out the "yellow form" which still is a fed check, just that its like a "credit check" they call it to somewhere. You get a yes or no answer. If your a CCW holder, you can take your handgun home that day no waiting period. If your not a CCW holder, you have the 2 day waiting period. Long Guns have no waiting period whatsoever.

Invisible Swordsman
March 22, 2005, 07:52 PM
Jetman,

Your Ohio CCW permit cannot be used to bypass the NICS check because the ATF will not accept it. It is not because Ohio requires the NICS check to be completed.

Since I have a C&R license I get the same notices from ATF that regular FFL's receive. Shortly after the Ohio CCW passed I received a letter stating that Ohio CCW's are not recognized for this purpose. I think the reason had to do with NICS standards being more stringent than what was required to get the permit.

Ringer
March 22, 2005, 08:30 PM
CCW makes you exempt from background check?Not in Michigan. It does however eliminate the need to go play 20 questions (quiz) with your local police and get a purchase permit (which is only good for 10 days). You still have to go through the background check though when you purchase. At least it lets you buy someting on the spot if you happen to run across it instead having to go get "permision" to buy it.

George S.
March 22, 2005, 09:06 PM
WA requires a NICS check for purchase of a gun even if the buyer has a valid CHL. That changed IIRC, toward the end of 2003. http://www.atf.gov/firearms/bradylaw/permit_chart.htm

secamp32
March 22, 2005, 09:26 PM
Can a NYer with a NY permit buy a long gun in TX without a NICS check or are only TX permits good in TX?

TheOtherOne
March 22, 2005, 09:48 PM
In Utah, your CCW saves you the normal $7.50 they charge for background checks but they still have to call in and verify your CCW is valid. The person on the other end of the line gives them some transaction number they write down on the yellow form.

LSCurrier
March 22, 2005, 09:55 PM
StandingWolf,

What do you mean by:

"Not in Colorado. That's all that's kept us from enduring more Columbine-style school massacres."


I don't see how not allowing people that have a CCW to purchase without a background check at the time of purchase keeps kids who are two young to purchase handguns from buying handguns for the purpose of going on a killing spree. Please explain.

Luke

modifiedbrowning
March 22, 2005, 09:57 PM
In Montana no NICS with a CCW.

rms/pa
March 22, 2005, 10:02 PM
not in PA, the FFL still has to call the PA state police so they(da popo) can compile thier nonexistant registry.

rms/pa

SpookyPistolero
March 22, 2005, 10:38 PM
Iscurrier, I believe his statement bears a bit of sarcasm.

tyme
March 22, 2005, 11:20 PM
If a state's license is on the BATFE's exemption list, do non-resident permits also qualify, or does it only apply to resident licenses?

Standing Wolf
March 22, 2005, 11:23 PM
I don't see how not allowing people that have a CCW to purchase without a background check at the time of purchase keeps kids who are two young to purchase handguns from buying handguns for the purpose of going on a killing spree. Please explain.

Inexplicable, really. I'm infamous hereabouts for snide remarks. Sorry for the confusion. 'Twill happen again, I'm sure.

PaleRyder
March 22, 2005, 11:35 PM
In Indiana, having a ccw license bypasses the state background check. The federal background check is mandatory.

JamisJockey
March 23, 2005, 09:42 AM
Spooky, I can't speak for your state, but here in Utah it doesn't work that way. This state has an automated back ground check system that runs a permit holder several times a day. So when you show up at a gun shop, A) you don't pay a background check fee ($7.50), and B) your background check is almost instant.
How good is Utah's background check? A guy I work with had a GF write a bad check over 15 years ago. He has since been a cop, and is now a Federal Employee. Two years ago he went to buy a new gun, and was promptly arrested for a Warrant out of NM for bad checks. Once he got that cleared up (plead down to a misdemeanor and paid fines), he did finally buy that gun.

fiVe
March 23, 2005, 10:10 AM
In Florida, a CWL lets you avoid the three-working-day wait for a handgun. They still do the background check, though.

dairycreek
March 23, 2005, 11:46 AM
I have long been under the impression that if you show your CCW permit when purchasing a gun, then they don't have to call in the background check.

As others have posted, it varies from state to state. In Oregon, having a CHL does not exempt you from a background check. :)

Bobarino
March 23, 2005, 01:15 PM
in WA, its been my experience that a CWP does not exempt you from NICS checks but it does negate the five day waiting period for pistols.

Bobby

Hellion Productions
March 23, 2005, 03:41 PM
Nevada CCW means no NICS check.

Best,
John Bear Ross

Phil Ca
March 23, 2005, 07:10 PM
What 50Freak said; Big Whoop!!! :cuss: :cuss: + :banghead: :fire:

gazpacho
March 23, 2005, 07:22 PM
Seacamp32,

Yes, a NYer can buy a long-gun in TX. However, that NYer can't take posession of it in Texas. It has to be shipped to an FFL in the state of residency (NY) where the NYer can take posession after passing all the necessary requirements for purchasing said weapon.

In general, you can only take posession of a firearm in your home state. Even if you have an out-of-state CCW permit in that state. FFLs have other rules which I do not know.

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