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.

mdeadman
May 28, 2016, 12:50 PM
Just a little update to this, almost 10 years later, but Ohio CCW permit holders can now bypass the NICS background check system

http://ohgunowners.org/2016/05/25/breaking-news-ohio-ccw-holders-get-nics-exemption/

acdodd
May 28, 2016, 01:04 PM
Correct about Washington but it eliminates the wait time so that's good.

PowerG
May 28, 2016, 01:52 PM
The permit takes the place of the check in Mississippi.

glove
May 28, 2016, 02:00 PM
Just a little update to this, almost 10 years later, but Ohio CCW permit holders can now bypass the NICS background check system

http://ohgunowners.org/2016/05/25/br...ics-exemption/

Only if your CCP was issued after March 2015. I renewed mine in 2014 so I cannot use in in place of the NCIS. When I renew in 2019 I will be good to go.

longknife12
May 28, 2016, 02:08 PM
Sorry,even with a CHP, Colorado is business as usual.
Dan

Handloader109
May 28, 2016, 04:26 PM
Corrected link https://www.atf.gov/rules-and-regulations/permanent-brady-permit-chart

And I avoid the check with my Arkansas permit..

Nanook
May 28, 2016, 06:07 PM
IL still does the check and the 3 day wait for handguns / 1 day for long guns. The CCL doesn't matter.

You can now use your CCL in lieu of the FOID in IL. Whoopee.

Ah well, baby steps. Before this we had nothing as far as CCL goes.

Coyote3855
May 28, 2016, 07:37 PM
Wyoming CFP = no background check. For state residents.

Twiki357
May 28, 2016, 08:19 PM
CCW is good to go in Arizona. Still have to fill out the 4473 to keep the Feds happy, but instead of the background check, the FFL just records your CCW number and away you go with your new best friend.

DP03
May 28, 2016, 08:23 PM
In our liberal state (MD) you are waiting 8 days for a handgun, CCW or not. But you can walk out with an AR15 in 1/2 hour. Our laws make no sense whatsoever.

matrem
May 28, 2016, 08:29 PM
Current renewal 04/09/15. Guess I can save filling out the 4473?
Last purchase about three weeks ago, maybe next time?

kcofohio
May 28, 2016, 09:29 PM
My son just told the news a day or two ago. Makes me want to buy a new gun! :)

Tommygunn
May 28, 2016, 10:32 PM
Here in Alabama we were recently given the OK for using a CCW permit in place of a NICS check for purchase.
About 2 weeks ago I bought a Century C308 semiauto rifle and instead of going through NICS, I handed the salesman my CCW permit and he did the transfer off that.

White35
May 28, 2016, 10:54 PM
In our liberal state (MD) you are waiting 8 days for a handgun, CCW or not. But you can walk out with an AR15 in 1/2 hour. Our laws make no sense whatsoever.
Well handguns account for a much larger portion of murder weapons, than do rifles. Not that I agree with the waiting period, but that law isn't totally bonkers. I've yet to see a person travel any distance, and go through an process, to obtain something to harm a person they are angry at. Closest club would be their weapon of choice in a "heat of passion" scenario. But I know I'm just preaching to the choir here.

JTHunter
May 28, 2016, 11:27 PM
Originally Posted by DP03 View Post
In our liberal state (MD) you are waiting 8 days for a handgun, CCW or not. But you can walk out with an AR15 in 1/2 hour. Our laws make no sense whatsoever.

It also has to do with "concealability" of the handgun vs. a rifle.

Kaeto
May 29, 2016, 07:37 AM
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.
Actually the CPL does negate the check. You don't have to have a Purchase Permit if you buy from a FFL seller if you do or don't have a CPL. A CPL does obviate the need for a
Purchase Permit when buying from a private seller.

joem1945
May 29, 2016, 07:49 AM
I've never tried it. If I remember, I'll try it the next time I make a purchase.

Ringer
May 29, 2016, 08:21 AM
Actually the CPL does negate the check. You don't have to have a Purchase Permit if you buy from a FFL seller if you do or don't have a CPL. A CPL does obviate the need for a
Purchase Permit when buying from a private seller.
Uhm you realize you quoted a post that is 10 years old? Things change [emoji106] .

Sent from my SM-G860P using Tapatalk

AZ Desertrat
May 29, 2016, 12:53 PM
Yes.....in my state....don't know about others.

Elkins45
May 29, 2016, 02:20 PM
Here in KY if you have a CCW the state police run a NICS check on you monthly anyway. So unless you are buyng more than one gun a month you really aren't being exempted from anything. That's why our numbers are so incredibly high whenever many media outlets publish the background check numbers and then equate them to the number of firearm purchases. I wish I could afford to buy 12 guns/year!

toivo
May 29, 2016, 02:42 PM
It's a matter of negotiation between states and the ATF. In NY, a CCW used to exempt you, but it no longer does. I was told that this is because NY's sloppy record-keeping with lifelong permits no longer satisfied the Feds. When some smartass "journalist" posted the permit-holder database online a few years ago, Eleanor Roosevelt was still listed on it.

Derry 1946
May 29, 2016, 02:55 PM
In Louisiana, you're exempt with your carry permit, except, perversely, with a lifetime permit.

JohnKSa
May 29, 2016, 03:39 PM
It is a fine distinction, but one that is probably worth noting.

There is really no way to be exempted from the background check required by federal law to purchase a firearm from a dealer. Everyone who purchases a firearm from an FFL holder/dealer gets background checked. It's just that not all checks happen at the time of sale.

The law accepts proof of a qualifying background check that has taken place within the last few years. Some state-issued handgun licenses/permits require a qualifying background check. Such permits/licenses are therefore accepted as proof that the buyer has been background checked.

threefeathers
May 29, 2016, 04:05 PM
I LOVE Arizona.

MICHAEL T
May 29, 2016, 11:23 PM
I have used my Permit in Ky for guess near 10 years. fill out 4473 No check needed He enters you permit number on the 4473 where check info goes . This been a law in Ky for a long time .

Come on down to Harrodsburg and buy their cheaper price and dealer knows what going on.

burk
May 30, 2016, 07:07 PM
There are a few chain stores like Dunhams (I believe) that still require a NICS check even though the CPL of the state supersedes it. And for a while Cabelas use to require it. I can't remember the last time I've had one run on me. CPLs in most cases are far more stringent than a NICS check. At least in MI you get fingerprinted and an FBI records check.

Warp
May 30, 2016, 07:24 PM
In Louisiana, you're exempt with your carry permit, except, perversely, with a lifetime permit.
I didn't know LA had liftetime permits, though IN was the only one...is that brand new?

That is because a regular carry license, which expires, shows you passed a background check at least that recently, a lifetime could mean you haven't passed a check for a long time, possibly

I have used my Permit in Ky for guess near 10 years. fill out 4473 No check needed He enters you permit number on the 4473 where check info goes . This been a law in Ky for a long time .

Come on down to Harrodsburg and buy their cheaper price and dealer knows what going on.

That is because KY literally runs a background check on very single permit holder every single month...so you're getting checks run constantly whether you fill out forms or buy guns at FFL's or not

Derry 1946
May 30, 2016, 07:41 PM
I didn't know LA had liftetime permits, though IN was the only one...is that brand new?



That is because a regular carry license, which expires, shows you passed a background check at least that recently, a lifetime could mean you haven't passed a check for a long time, possibly







That is because KY literally runs a background check on very single permit holder every single month...so you're getting checks run constantly whether you fill out forms or buy guns at FFL's or not



It's comparatively new in Louisiana. I understand the theory. The theory is inaccurate. You still have to have the background check every five years, same as the regular permit. You just pay for a lifetime's worth at once, with a slight discount. I think it pays for itself after 20 years.

packpike
June 1, 2016, 01:27 PM
SC CWP = no new background check for gun purchase

dragon813gt
June 1, 2016, 01:33 PM
Still have them in PA. I honestly don't care. The state is slow to revoke CCW permits, which is a good thing. But that's the reasoning they give for not accepting the CCW as your check. W/ the amount of government clearances I have the NICS check is of no concern. It adds an extra five minutes to the transaction.

Warp
June 1, 2016, 01:35 PM
SC CWP = no new background check for gun purchase

Well, what do you mean by that, exactly?

I have two responses to this statement.

1-That depends on the state and the license in question

2-I would say that, no, a carry license does NOT = no background check for a gun purchase (from an FFL)...I would say that, in applicable states, a carry license = the background check you already had performed when you got the license has a certain lifespan during which it can be applied to firearm acquisitions from FFL's


Edit: I realize you said no "new" background check for a gun purchase, in which case, yes, that is basically the case in some states, for purchases from FFL's, no "new" background check done at that moment when you are in the store

jmorris
June 1, 2016, 01:36 PM
In Texas I wouldn't say it "exempts" you from a check they simply know that they already preformed the check before they sent you the CHL. At that point, no need to waste money/resources doing the same job over and over.

A rare use of common sense in Government.

packpike
June 1, 2016, 01:39 PM
Please delete.

packpike
June 1, 2016, 01:40 PM
Well, what do you mean by that, exactly?

I have two responses to this statement.

1-That depends on the state and the license in question

2-I would say that, no, a carry license does NOT = no background check for a gun purchase (from an FFL)...I would say that, in applicable states, a carry license = the background check you already had performed when you got the license has a certain lifespan during which it can be applied to firearm acquisitions from FFL's


Edit: I realize you said no "new" background check for a gun purchase, in which case, yes, that is basically the case in some states, for purchases from FFL's, no "new" background check done at that moment when you are in the store
Hence the word 'new'. No new background check has to be made when you purchase a gun through an FFL as they accept the one that was done when you got your CWP. Or did you mean to quote my post anyway as I don't understand your #1 response either since I listed SC as the state?

Warp
June 1, 2016, 03:31 PM
Hence the word 'new'. No new background check has to be made when you purchase a gun through an FFL as they accept the one that was done when you got your CWP. Or did you mean to quote my post anyway as I don't understand your #1 response either since I listed SC as the state?

#1 was I can't read, I saw the word "so" where you had the postal abbreviation SC lol

toivo
June 1, 2016, 05:03 PM
Originally Posted by packpike

SC CWP = no new background check for gun purchase

Well, what do you mean by that, exactly?

I have two responses to this statement.

1-That depends on the state and the license in question

I think "SC" in his post means "South Carolina."

Jim Watson
June 1, 2016, 05:35 PM
Alabama CCW permit background check was decreed good enough for purchases this past February.

wgp
June 1, 2016, 05:42 PM
No NICS background check required in Kansas with carry permit. Still fill out the 4473 form.

The Lone Haranguer
June 1, 2016, 06:34 PM
Not in my state. They (i.e., TBI) run the background check every time.

spazzymcgee
June 1, 2016, 06:42 PM
Just chiming in for Delaware: CCDW doesn't exempt us from NICS checks when purchasing directly from an FFL, but exempts us from a "transfer" when purchasing a firearm from another individual.

Warp
June 1, 2016, 09:02 PM
I think "SC" in his post means "South Carolina."

Well...

#1 was I can't read, I saw the word "so" where you had the postal abbreviation SC lol

Good Ol' Boy
June 1, 2016, 10:09 PM
Last pistol I purchased was Feb '16. Walked in, NO CCW, showed DL and vehicle registration as second ID, filled out a 4473 and a sheet for the store. Guy told me to wait for BG check. Maybe 5min later, before I had even finished looking at ammo the guy comes back saying the check was good to go.

Maybe it's just my state, but if it goes like that for me all the time I really don't care if my CCW negates a few minutes. I am getting my CC by the way...

Warp
June 1, 2016, 10:22 PM
Last pistol I purchased was Feb '16. Walked in, NO CCW, showed DL and vehicle registration as second ID, filled out a 4473 and a sheet for the store. Guy told me to wait for BG check. Maybe 5min later, before I had even finished looking at ammo the guy comes back saying the check was good to go.

Maybe it's just my state, but if it goes like that for me all the time I really don't care if my CCW negates a few minutes. I am getting my CC by the way...

Sometimes that background check system is down. Sometimes it has the FFL wait/hold for several days for no good reason. Not typical but not uncommon.

packpike
June 3, 2016, 09:48 AM
Agree with Warp that sometimes the system is down. My dad and I passed through a Walmart in NC a few years ago on Black Friday. I saw a Sig AR-10 that we were interested in but the NICS system went down so no one could purchase anything at the time. We both had our concealed permits (me SC, my dad NC) so my dad was able to make the purchase.

toivo
June 3, 2016, 11:02 AM
I think "SC" in his post means "South Carolina."

#1 was I can't read, I saw the word "so" where you had the postal abbreviation SC lol

Well...
Oops ... Note to self: read whole thread before replying. :o

Carl N. Brown
June 3, 2016, 12:01 PM
The instant background check in Tennessee goes through the state first, then they check NICS, and approve, deny or delay the sale.

The instant check replaced the state Application for Permission to Purchase a Handgun requiring Chief of Police or County Sheriff sign-off on a local BG check, with waiting period up to fifteen days to complete the check. Under that system, I had two approved in fifteen minutes after I handed the application to the Police Dept. and another approved within 36 hours by mail after I drove to the county seat to present the application to the desk clerk at the sheriff's office.

It would be nice if my TN Handgun Carry Permit (which required state and federal BG checks and since I still have it that means I have not been arrested) were accepted in place of the instant check, but compared to what I dealt with for decades, the system has gotten easier for me, so I am not inclined to complain.

(I do think the restrictions on the law abiding have little or no effect on bad behavior by bad people. I also remember when the state actually debated banning handguns 1959-1961, my father and my uncle both made a point of acquiring handguns and curiousity lead me to discover that local bootleggers ran guns along with beer and booze. But my point is, I guess, I have seen restrictions and their unintended consequences lifted in my lifetime; I expect the trend to continue. The prohibitionists blame the NRA for that, so I make a point of finding the money to keep up my NRA membership. ;) )

Al Thompson
June 3, 2016, 06:39 PM
As this is a resurrected 10 year old thread, I'm closing this one as things have indeed changed and the age may be confusing.

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