ATF: Permit To Carry Satisfies Background Check For Buying Guns

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Aim1

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This is great for Minnesotans. I wonder how many other states do this?






http://minnesota.cbslocal.com/2017/04/28/permit-to-carry-background-check/



ATF: Permit To Carry Satisfies Background Check For Buying Guns

April 28, 2017 4:45 PM

Minnesota residents who have permits to carry handguns may now be able to purchase guns from licensed dealers without the normally required background checks.

The Bureau of Alcohol, Tobacco, Firearms and Explosives said Friday that it has determined that Minnesota’s requirements for getting a permit to carry satisfy the background check requirements under federal law for purchasing a firearm.

That means carry permits with expiration dates of Aug. 1, 2019, or later, now qualify as alternatives to usual the FBI instant background checks.
 
And applied equally to all states? Would Oregon's CHL check qualify? I'd think so. Not that I'd want to deny a bureaucracy some of my money.
 
This applies only to Minnesota. The ATF will separately determine if your state's license requirements are adequate.
 
Guy B. Meredith wrote:
Not that I'd want to deny a bureaucracy some of my money.

What money?

You aren't being charged anything for the ATF to determine if your state's background check meets Federal standards.

And if you can't identify what of your money is going to this verification, then maybe you need to acknowlege you were wrong.
 
What money?

You aren't being charged anything for the ATF to determine if your state's background check meets Federal standards.

And if you can't identify what of your money is going to this verification, then maybe you need to acknowlege you were wrong.

I am assuming that if the CCW is sufficient I do not need to pay for a background check, hence denying those doing background checks that money.
 
In KY the permit exempts you from NICS. The Kentucky State police run a background check on all permit holders every month anyway, whether we buy a gun or not.

I've never paid to have a background check done.
 
It would be nice if Tennessee would do this. Here there is a $10 fee for the background check charged by the state not including what the store charges if it is a transfer and a carry permit does not exempt you from the background check.
 
Kansas carry permit satisfies ATF. We still fill out the form but there is no NICS check.
 
hdwhit writes:

What money?

You aren't being charged anything for the ATF to determine if your state's background check meets Federal standards.

And if you can't identify what of your money is going to this verification, then maybe you need to acknowlege you were wrong.

I read it that he does not want to pay for a background check each time he purchases a firearm if one isn't required. In most cases, the buyer pays for the NICS (or other) check.

EDIT: I missed where Mr. Meredith already addressed your comment.
 
The only gun I have bought at retail since my CCP was approved was when I found it on sale at a big box store. The corporate paperwork took longer than any 4473 + phone call I have ever done at a real gun store. I am not looking for anything at the moment to test the process at a dedicated dealer.
 
WA concealed pistol license has the blessing of ATF to bypass BG check, the state government won't go along with it. In fact, the legislature had the opportunity this session to exempt CPL holders from I-594 which requires a gun dealer to lawfully transfer private firearms; fail.

I'm pretty sure if there's ever a contest which rewards the winner with the most BG checks, I'm in the running :)
 
GA was that way years ago, the permit saved you $10 or so each time you bought something.

md barely grants permits (reason 2,409,092 I hate this state) so the $10 they charge is something I'll have to keep paying. Even AFTER you get a license to buy here (take a class, fingerprinted, photographed, etc) you have to pay for the check and wait the 8 days.
 
Does anyone know how they determine if a state's permit qualifies? Our requirements to obtain one are far more complicated than in Texas, but a New Mexico permit doesn't get an exemption from NICS.
 
I purchased a pistol last year in Nov. I think. Had to do the 4473 and got a delay. This is one state that will never buy into Nat'l reciprocity. Just way too many AG folks here in our WA. state legislature. I'm surprised they haven't passed an AR ban yet. I think they will in time. One reason I've never purchased one. I don't want it to become something I can't sell or use at the range. I'm not moving or registering anything either.
 
Does anyone know how they determine if a state's permit qualifies? Our requirements to obtain one are far more complicated than in Texas, but a New Mexico permit doesn't get an exemption from NICS.

Even if the ATF determines your state qualifies, the state can choose to require the background check anyway.

I can't answer your specific question, but here in GA we've had that option since the day the Brady bill was signed. With a permit I've never had a background check done here when I purchased a gun in GA. I've bought a couple of long guns across the line in TN and had to pay for the background check there.

A few years go the ATF determined that GA's background checks to get a carry permit were not thorough enough. Before it only took a few days to get a permit renewed. But there were people with carry permits who committed crimes after getting the permits and there was no system in place to notify local officials and revoke the permit. Initially the new requirements created a backlog. I went to renew nearly 2 months early because I had heard about the issues. It took 3 months to get the permit back and I did not have a valid permit for about a month, during that time I would have had to go through the background check.

Fortunately that only lasted a few months before someone solved the problem. Last time I renewed I got everything done the same day. I walked into the courthouse and walked out with my new permit
 
"... how many other states do this?"

Not Tennessee.

Tennessee requires the judge to pull your Tennessee Handgun Carry Permit (THCP) if you are charged with a crime until the case is adjudicated. THCP is tied to Tennessee Driver License (TDL) so that should be easy to do. In fact running a TN car tag returns TDL and THCP status of the registered owner. Tennessee did not see a need to run periodic federal NICS checks on THCP holders, so THCP is not a FF4473 substitute for NICS. Tennessee also does a state TICS before NICS as a substitute for the old Permission to Purchase BG check through city police or county sheriff. I suspect the $10 fee for the BG check for 4473s in Tennessee is for the TICS check, not the NICS check.
 
Does anyone know how they determine if a state's permit qualifies? Our requirements to obtain one are far more complicated than in Texas, but a New Mexico permit doesn't get an exemption from NICS.
To qualify as an exemption to the Brady Law, a state permit must require the holder to submit fingerprints, photographs and the issuing state must run an FBI background check at least every five years.



Missouri you pay $30. every time.
Why?
Missouri is an FBI NICS non POC state. Meaning all NICS checks are run through the FBI.......and that's a toll free call with no fees to the dealer or buyer.
https://www.fbi.gov/services/cjis/nics/about-nics
Participation Map
The NICS Participation Map, as illustrated below, depicts each state’s level of participation with the NICS.

Thirteen states have agencies acting on behalf of the NICS in a full Point-of-Contact (POC) capacity. These POC states, which have agreed to implement and maintain their own Brady NICS Program, conduct firearm background checks for FFLs’ transactions in their respective states by electronically accessing the NICS. Upon completion of the required ATF Form 4473, the FFLs conducting business in the POC states contact a designated state agency to initiate a NICS background check in lieu of contacting the NICS Section.

Full POC states (contact state/territory for all firearm background checks, including permits): California, Colorado, Connecticut, Florida, Hawaii, Illinois, Nevada, New Jersey, Oregon, Pennsylvania, Tennessee, Utah, Virginia

Seven states are currently sharing responsibility with the NICS Section by acting as partial POCs. Partial-POC states have agencies designated to conduct checks for handguns and/or handgun permits, while the NICS Section handles the processing of the states transactions for long gun purchases.
Partial POC states (contact state for handgun and FBI for long gun background checks): Maryland, New Hampshire, Washington, Wisconsin
Partial POC states (contact state for handgun permit and FBI for long gun background checks): Iowa, Nebraska, North Carolina

Thirty-six states/territories do not have POC status and rely on NICS for all firearm background checks.
Non-POC states/territories (contact FBI for all firearm background checks): Alabama, Alaska, American Samoa, Arizona, Arkansas, Delaware, District of Columbia, Georgia, Guam, Idaho, Indiana, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, New Mexico, New York, North Dakota, Northern Mariana Islands, Ohio, Oklahoma, Puerto Rico, Rhode Island, South Carolina, South Dakota, Texas, Vermont, Virgin Islands, West Virginia, Wyoming
Twenty-six states have at least one ATF-qualified alternate permit, which are issued by local or state agencies. Specific permit details can be found on the ATF's Permanent Brady Permit Chart.

ATF-qualified alternate permit states: Alabama, Alaska, Arizona, Arkansas, California, Georgia, Hawaii, Idaho, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Montana, Nebraska, Nevada, North Carolina, North Dakota, Ohio, South Carolina, Texas, Utah, West Virginia, Washington, Wyoming
 
To qualify as an exemption to the Brady Law, a state permit must require the holder to submit fingerprints, photographs and the issuing state must run an FBI background check at least every five years.
Well, in NM, we get fingerprinted and they run the check every 4 years. However, they get the photo from your DL instead of having you provide one, so maybe that is it.
 
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