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Indiana CCW No Longer Valid for NICS Check

Discussion in 'Legal' started by Route 66, Sep 8, 2003.

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  1. Route 66

    Route 66 Member

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    Well I just got a bad news letter today in the mail. I hold a CCW permit in the State of Indiana. Doing so allows me to instantly buy a handgun or long gun at a gun shop or from a vendor at a gun show without going through the FBI background check.

    The letter today from the ATF says that effetcive 10-1-03 the background check performed by the Indiana State Police no longer meets the requirements of the Brady Law. Therefore on and after 10-1-03 I will need to go through the FBI background check when I want to buy a handgun or long gun! That stinks! :mad:
     
  2. Standing Wolf

    Standing Wolf Member in memoriam

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    <sarcasm> I can't tell you how glad I am that the A.T.F.E. has finally assumed the onerous burden of enacting legislation! </sarcasm>
     
  3. cordex

    cordex Member

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    Are they sending this warning out to all permit holders?

    Haven't received any such notification yet.
     
  4. AZRickD

    AZRickD Member

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  5. El Tejon

    El Tejon Member

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    Route, alright, which dealer told you THIS?

    Route, could you send me a copy of the letter:

    Law Office of Kirk Freeman
    225 Main Street, 2nd Floor
    P.O. Box 1132
    Lafayette, Indiana 47902-1132

    TIA for your help.:)
     
  6. MPFreeman

    MPFreeman Member

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    Letter in the mail? What? Sender name?

    Scan that letter and post it here.
     
  7. Gray Peterson

    Gray Peterson Member

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    According to Packing.org postings, the reason is that the Indiana State Police told the ATFE that they would only consider state law in terms of denying someone a LTC, not both state and federal. Therefor, the ATF will not give Indiana LTC's an exemption anymore.
     
  8. MPFreeman

    MPFreeman Member

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  9. Route 66

    Route 66 Member

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    My letter from the BATF, Wsahington, DC dated September 2, 2003, in oart has the following paragraph..........

    "Recently, the ISP informed ATF that although they will continue to conduct NICS checks on all applicants for licenses to carry handguns, effective October 1, 2003, the ISP only will apply state law in determining if a license should be denied. Accordingly, licenses may be issued to persons prohibited from posessing firearms under Federal law. Therefore, effective October 1, 2003, Indiana licenses to carry handguns will no longer qualify as alternatives to the NICS background check required under the Brady Law. This means that starting October 1, 2003, an FFL must contact the FBI to conduct a NICS check on all purchasers, including those posessing an Indiana license to carry a handgun."

    :banghead:
     
  10. hilljack22

    hilljack22 Member

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    This morning, one of the guys that I work with that has an FFL showed me the letter. It might just be going to FFL holders.

    Not very happy about this one...
     
  11. Route 66

    Route 66 Member

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    Another item from the letter I forgot to mention is the added check if the buyer does not have a CCW. In those cases the FFL will have to contact the FBI for the NICS check and contact the Indiana State Police for the state requirement! How about that? Why did the Indiana State Police decide to change? Is this political or are they trying to save cost? How different can the federal requirement be from the state? :fire:
     
  12. cordex

    cordex Member

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    Just sent an email to ISP. Will post the response here.
     
  13. garrettwc

    garrettwc Member

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    Any response on this from the ISP?

    Has anyone thought of contacting the state attorney general's office?

    The following are some questions I would have:

    1. Is ISP acting within the law? Does the Indiana Code specify what types of checks are done?

    2. If this implies that ISP will only check records in the state of Indiana, can a prohibited person from another state establish residence and get a CCW from Indiana? If so does this then make the state a haven for illegal activity related to firearms?

    3. Dependent on the answer to #2 above, will this lead to other states no longer recognizing the IN permit?
     
  14. cordex

    cordex Member

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    Not to my email yet.
    State police website is:
    http://www.in.gov/isp/

    Contact page:
    http://www.in.gov/isp/contact/

    Hey Kirk ... what's the word on this?

    Update:
    A friend ran by a local gun store and sent me this email:
     
    Last edited: Sep 10, 2003
  15. El Tejon

    El Tejon Member

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    cordex, word came down from O'Bannon's office to all admin agencies in the twin warehouses of bureaucracy to save money where they could. E.g. Judges of all counties received notice from IDOC (Indiana Department of Correction) that they could no longer receive DOC committments for lower substance offenders (OWIs, dope, etc.).

    While I have better getting better offers on HSOs, et al, all agencies are scrambling to save money from A&TC to the Port Authority. Why ISP did THIS, I do not know.

    Time to generate some heat, gentlemen, so that ISP and the General Assembly sees the light!:)
     
  16. cordex

    cordex Member

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    Thanks for The Word.

    Indiana Senate/House contact info:
    http://www.in.gov/legislative/contact/index.html

    Light the fires.

     
  17. emc

    emc Member

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    El Tejon is correct. As an additional point, the restrictions that this creates for sales at gun shows will also occur at any estate auctions.

    I cannot help but suspect that there are some other agendas working behind the scenes here, and the request for expense reduction measures certainly plays into them. :scrutiny:
     
  18. txgho1911

    txgho1911 Member

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    Any updates

    Does anyone have anything to add for updates to this issue.
    Last thing I have heard was certain documentation requirements where not met on time my the dearly departed gov office. This may be true or it was partly the ISP. In any case this is something that can be fixed.
     
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