NY: Pistol Permit is no longer NICS check

[Berek]

Well, it happened. In NY, a pistol permit no longer qualifies as a NICS check. Now, everyone has to go through the NICS check for retail and pawn purchases, even the CCW holders. A letter was sent from the ATF to all FFLs stating the following (which can also be viewed at http://www.atf.gov/firearms/050206openletter-ny_ffls.pdf

U.S. Department of Justice

Bureau of Alcohol. Tobacco, Fireanns and Explosives

Assistant Director

Washington. DC 20226

May 2, 2006

OPEN LETTER TO ALL NEW YORK FEDERAL FIREARMS LICENSEES

The purpose ofthis letter is to advise you of an important change to the procedure you must follow beginning May 2, 2006, in order to comply with the Brady Law, 18 U.S.c. § 922(t).

Beginning May 2, 2006, New York's license to carry and possess handguns no longer qualifies as an alternative to a National Instant Criminal Background Check System (NICS) check through the Federal Bureau of Investigation (FBI). Please note that this change also applies to pawn transactions. The change is discussed in detail below.

BACKGROUND

The permanent provisions of the Brady Law took effect on November 30, 1998. The Brady Law generally requires licensed dealers to initiate a NICS background check through the FBI before transferring a firearm to an unlicensed individual. However, the Brady Law contains a few exceptions to the NICS check requirement, including an exception for holders of certain State permits to possess, carry, or acquire firearms. The law and implementing regulations provide that permits issued within the past 5 years may qualify as alternatives to the NICS check if certain other requirements are satisfied. Most importantly, the authority issuing the permit must conduct a NICS background check and must deny a permit to anyone prohibited from possessing firearms under Federal, State, or local law.

In 1998, the Bureau of Alcohol, Tobacco, Firearms and Explosives (A TF) sent an Open Letter to all New York FFLs advising them that New York licenses to carry and possess handguns would qualify as alternatives to the background check required under the Brady Law. In March 2004, A TF began a review of all States that had permits that qualified as NICS check alternatives to detennine if they still qualified. In May 2005, we informed New York's Division of Criminal Justice that New York no longer met the qualifications.
We gave them until September 30, 2005, and then an extension until April 30, 2006, to address our concerns. New York was not able to meet our concerns during this time frame. Accordingly, New York licenses to carry and possess handguns can no longer qualify as a NICS check alternative.


2

HOW THIS AFFECTS FFLS

Beginning May 2, 2006, you must contact NICS before transferring a firearm to an unlicensed person, even if the person has a New York license to carry and possess handguns. To contact NICS to conduct a background check, call, toll free, 1-877-3246427, 7 days a week (with the exception of Christmas Day), between 8 a.m. and 1 a.m.
eastern standard time (EST).

CONTACTS FOR NICS ENROLLMENT AND FURTHER QUESTIONS

FFLs must be enrolled with NICS before they can initiate NICS checks directly with the FBI. FFLs who are not currently enrolled are advised to do so upon receipt of this letter.
To enroll, call the FBI NICS Section Customer Service, toll free, at 1-877-444-NICS (1877-444-6427).

If you have any questions about enrolling with the FBI or conducting NICS checks through the FBI, please call the FBI, toll free, at 1-877-444-NICS (1-877-444-6427). If you have any questions about New York's license to carry and possess handguns no longer qualitYing as an alternative to a NICS check, please caB A TF's Brady Operations Branch at 304-616-4200.

We hope that your transition to this new procedure on May 2, 2006, will not be an inconvenience. As always, we thank you for your cooperation.

Lewis P. Raden
Assistant Director
(Enforecement Programs And Services)

 

[Henry Bowman]

I predict that this is a trend. F-troop's current assault is on FFLs and making life hard for them. The federales will find something wrong with any State's process, even if they have to give the law a warped interpretation to make it so.

Color me cynical.

 

[striker3]

Anybody know what is lacking in the NY CCW checks that is not up to the ATF standards?

 

[Poodleshooter]

It's probably because most NY handgun permits in existence are issued "Good unless revoked", and many were typed out on paper permits at some point in the stone age, and may not even include the most up to date address. Remember you only have to notify your locality when you move,they don't actually have to change your permit. Many upstate counties don't bother. My grandma's premises/target shooting/hunting license probably hasn't been seen by any law enforcement official in 40 years, and doubtless has not been updated into any sort of database. The judge who issued it is probably long dead. Heck,when I lived there,I remember stories of LEO's finding people with handguns that were only registered on their long dead father/husband/brother's handgun permit. The state/locality never even knew about them dying!
Not that I'm in favor of NY state updating and computerizing the records of course,though I'm sure they'll do that eventually.

 

[Bartholomew Roberts]

The permit must be renewed at least every five years to be valid for the NICS check substitute. This came up during TSRA's recent attempt to extend the renewal date for a Texas CHL. They decided to just go for an extra year rather than lose the NICS substitute.

 

[MarkDido]

I've had a FL CCW permit for 6 years now, and have gone through a NICS check every time I have purchased a firearm

What the CCW permit DOES do is eliminate the waiting period (3 days) to purchase a handgun, at least in Florida anyway.....

Results my vary in your state

 

[George S.]

Thats the same way here in WA from a couple years ago.. A CCW will allow you to take a firearm home as soon as you fill out the 4473, pass the phone check, and pay for it. The gun shop still has to make the phone call.

 

[The Real Hawkeye]

I've had a NY concealed carry and possession pistol permit since 1980 (still have it, and it has a couple of years left on it). I remember occasionally meeting older folks way back then who had ancient carry licenses that they had laminated to last forever. Those old licenses didn't have expiration dates on them. The police tried to get them to turn in those old licenses to be replaced with the modern kind, and the folks I knew who had them refused to turn them in. The local cops eventually gave up. I thought that was pretty funny. Always nice when the cops are frustrated in their efforts to make life more difficult for folks.

 

[Freedspeak]

HOW THIS AFFECTS FFLS

Beginning May 2, 2006, you must contact NICS before transferring a firearm to an unlicensed person, even if the person has a New York license to carry and possess handguns. To contact NICS to conduct a background check, call, toll free, 1-877-3246427, 7 days a week (with the exception of Christmas Day), between 8 a.m. and 1 a.m.
eastern standard time (EST).

Well if they have a licence to carry and posses handguns how can they be unlicenced?

To the real Hawkeye, I still have mine that was issued back in the 70's, not sure if they would still honor it since I moved though!

 

[Valkman]

They tried this in NV this year but it didn't last. We have always skipped the NICS but earlier this year we had to start going through it and paying the fee. I have no doubt this is a money making scheme and nothing else. But it only lasted a couple of months and I bought a gun the other day with no check. Maybe voicing your complaints will help - I think it swayed people here.

 

[Old Dog]

As George S. notes, our Washington CPLs don't get us out of the NICS check; however, our CPLs do get us out of the waiting period, and I personally have never been delayed more than about five minutes or so by the NICS phone call having to be made ... And, in this state, the retailers nor the state government pass along any additional fees (such as California's DOJ registration fee or some states' dealers' charges for conducting NICS checks), so ... can't complain up here ...