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Old March 22, 2005, 03:54 PM   #1
SpookyPistolero
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CCW makes you exempt from background check?

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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Old March 22, 2005, 03:58 PM   #2
spacemanspiff
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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.

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Old March 22, 2005, 03:58 PM   #3
RoyG
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Depends on the state.

check out
packing.org
and
PERMANENT BRADY PERMIT CHART

BTW... KY carry Permit/License Does Not Qualify as A NICS check when buying firearms per the BATF.
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Old March 22, 2005, 03:59 PM   #4
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It is a state-by-state basis.
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Old March 22, 2005, 04:04 PM   #5
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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,
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Old March 22, 2005, 04:24 PM   #6
GaryP
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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.


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Old March 22, 2005, 04:25 PM   #7
SpookyPistolero
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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.
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Old March 22, 2005, 04:35 PM   #8
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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.
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Old March 22, 2005, 04:44 PM   #9
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In Arizona the CCW allows one to buy without the background check.

So does holding any federal firearms licenses.
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Old March 22, 2005, 05:02 PM   #10
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sorry...

not in KY..
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Old March 22, 2005, 05:19 PM   #11
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Not in Colorado. That's all that's kept us from enduring more Columbine-style school massacres.
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Old March 22, 2005, 05:44 PM   #12
jetman
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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.
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Old March 22, 2005, 05:48 PM   #13
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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.
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Old March 22, 2005, 06:07 PM   #14
50 Freak
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here in Kali, a CCW only gets you an exemption to having to prove state residency. Big Whoop

You still have to do the background check, 10 day wait and 1 HG a month rule.
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Old March 22, 2005, 06:09 PM   #15
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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.
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Old March 22, 2005, 07:52 PM   #16
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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.
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Old March 22, 2005, 08:30 PM   #17
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Quote:
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.
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Old March 22, 2005, 09:06 PM   #18
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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
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Old March 22, 2005, 09:26 PM   #19
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Does an out of state permit qualify?

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?
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Old March 22, 2005, 09:48 PM   #20
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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.
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Old March 22, 2005, 09:55 PM   #21
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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.

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Old March 22, 2005, 09:57 PM   #22
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In Montana no NICS with a CCW.
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Old March 22, 2005, 10:02 PM   #23
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not in PA, the FFL still has to call the PA state police so they(da popo) can compile thier nonexistant registry.

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Old March 22, 2005, 10:38 PM   #24
SpookyPistolero
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Iscurrier, I believe his statement bears a bit of sarcasm.
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Old March 22, 2005, 11:20 PM   #25
tyme
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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?
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