State "universal" checks.

[Arizona_Mike]

I'm fortunate to live in Arizona but in the case of states that have "universal" background checks (ie FFL involvement for private transfers), do they use the FBI NICS and if the Federal Government were so inclined, could they choose not to subsidize/allow this use of the system beyond Federal law?

Mike

 

[Twiki357]

I’ve wondered the same thing. With all the non-FFL purchases increasing the volume of NICS checks, CCW recertification checks, etc, I suspect that the FBI unit is going to be overwhelmed.

 

[CapnMac]

It's my understanding that the states that so require already have a State check system in place, and do not use the NICS at all. But, that's supposition on my part, I've not sat down and tallied a list of the state-check states against the UBC state list.

 

[Sunray]

"...use the FBI NICS/State check system..." Issue, I think, will be who can legally access the data bases. Can a guy at a gun show selling privately access a government data base? If so, who's to say he's not a terr?

 

[danez71]

California has their own.

 

[bikemutt]

In WA a UBC (I-594) is not much different than any other. The dealer checks the gun into the "book", runs the BGC and checks it out of the book once proceeded. I'm paraphrasing terminology as I'm not an FFL. AFAIK the NICS doesn't know if the BGC is federally, state or personally required.

 

[rromeo]

I don't know about the other states. Virginia has a voluntary background check available at gun shows for private sales. I've never used it, but presumably the buyer gives his information to the troopers at the state police table, and runs it like a normal sale. Virginia does not use NICS,the VSP handles the background checks.

 

[Frank Ettin]

I'm fortunate to live in Arizona but in the case of states that have "universal" background checks (ie FFL involvement for private transfers), do they use the FBI NICS and if the Federal Government were so inclined, could they choose not to subsidize/allow this use of the system beyond Federal law?....

The way at least some of the state laws are written is along the lines of, roughly, "[Almost] Any transfer of a firearm must go through a licensed dealer."

Then to be licensed as a gun dealer by the State requires that the dealer also have the appropriate class of federal firearms license. And under federal law an FFL may [almost] never give possession of a gun to someone without having the transferee complete a 4473 and pass a background check. Therefore, the FFL is using NICS (or an otherwise acceptable system) pursuant to federal law.

 

[bikemutt]

Thinking of this is another way, if a FFL dealer accepts a gun in trade for a new gun lets say, the sale of the new gun must be accompanied by the transferee completing a 4473 and passing a BG check. Likewise, the sale of the used gun by the dealer at a later date must be accompanied by the transferee completing a 4473 and passing a BG check. In WA at least, a dealer-facilitated "private" transfer is no different than selling a used gun. The only material difference I've observed is some dealers choose to have a bound book dedicated to "private" transfers.

 

[Carl N. Brown]

Virginia State Police are supposed to offer private background checks through VSP access to NICS at Virginia gun shows.
http://wtop.com/virginia/2016/07/police-to-offer-background-checks-at-gun-shows-in-va/
"The law, passed by the General Assembly this year, allows private gun sellers to immediately request a background check on a potential buyer. Previously, only federally-licensed gun dealers were able to request such a check.
".... Background checks will take about three minutes to complete, and they will cost $2."
Why should a background check cost $2 in Virginia and, what, $65? in Washington State?

States that have their own gun BG system will ultimately go thru NICS on a gun transfer. Tennessee has a TICS that first goes through the state records for disqualifying factors that may not be NICS 4473 Question 11 "prohibited person" disqualifying factors, then they access the NICS for federal disqualifiying factors.

 

[bikemutt]

Why should a background check cost $2 in Virginia and, what, $65? in Washington State?

Good question. The cheapest I know of in WA is $10 at the Washington Arms Collectors-sanctioned gun shows, for members. Mostly around here it's $20-$35 per gun at a LGS.

Oregon has always charged $10 for a transfer, even for a new long gun from a dealer. Oregon BGCs are handled by Oregon State Patrol (OSP). BTW, Oregon now also requires "private" transfers to be BG checked through a FFL.

The only group exempt from a BG check and a fee in either state are criminals