NICS checks out in free states

[Fig]

No more NICs checks for CCW in free states!

Brady Permit Chart | Bureau of Alcohol, Tobacco, Firearms and Explosives

The Brady Handgun Violence Prevention Act (18 U.S.C. § 922(t)) requires federal firearms licensees (FFLs) to initiate a National Instant Criminal Background Check System (NICS) background check prior to transferring a firearm to an unlicensed person. However, the Brady law includes an exception...

www.atf.gov

 

[Maggot]

Oklahoma is one. After I got my CCW I they never ran the background check, just stuck the paperwork in the file.

 

[lash]

No more NICs checks for CCW in free states!

Brady Permit Chart | Bureau of Alcohol, Tobacco, Firearms and Explosives

The Brady Handgun Violence Prevention Act (18 U.S.C. § 922(t)) requires federal firearms licensees (FFLs) to initiate a National Instant Criminal Background Check System (NICS) background check prior to transferring a firearm to an unlicensed person. However, the Brady law includes an exception...

www.atf.gov

It’s interesting that Florida’s CWP does not qualify, even though we have to submit fingerprints and photographs and submit to a state background check.

 

[Hecouldgoalltheway]

When the page opened, a box popped up that allowed you to sign up for emails from the ATF. I've gone back 5 times entering the email addresses of people who pissed me off in the last couple of years.

Best served cold bitches..

 

[fdkay]

No more NICs checks for CCW in free states!

Brady Permit Chart | Bureau of Alcohol, Tobacco, Firearms and Explosives

The Brady Handgun Violence Prevention Act (18 U.S.C. § 922(t)) requires federal firearms licensees (FFLs) to initiate a National Instant Criminal Background Check System (NICS) background check prior to transferring a firearm to an unlicensed person. However, the Brady law includes an exception...

www.atf.gov

Welcome to 15 years ago

 

[Fig]

Too true, but at least these Deamonrat ATF rules, trying to make us all felons, are being rolled back.

Long way to go, but at least the Obama/Biden damage is being quickly undone.

 

[375fan]

Oklahoma is one. After I got my CCW I they never ran the background check, just stuck the paperwork in the file.

Ohio is same way .

 

[sgtsmmiii]

It’s interesting that Florida’s CWP does not qualify, even though we have to submit fingerprints and photographs and submit to a state background check.

We were told that it was because those states that ran criminal history checks every month to insure that CC holders did not have a disqualifying arrest or event.
Sounds legit.............

 

[lash]

We were told that it was because those states that ran criminal history checks every month to insure that CC holders did not have a disqualifying arrest or event.
Sounds legit.............

So they run a criminal history check on everyone in the state that carries a concealed license every month? That sound unbelievable to me. Yes, that does meet the requirements of 18 U.S.C. § 922(t)(3)(A). But, it sounds like an over application of the exception clause, which is:

1. the permit must allow the nonlicensee to possess or acquire a firearm;
2. the permit must have been issued not more than five years earlier by the state in which the transfer is to take place; and
3. state law must provide that the permit was to be issued only after an authorized government official verified that the information available to such official does not indicate that it would be a violation of the law for the nonlicensee to possess a firearm.

It says nothing about continuous or monthly verifications. Only that the permit must be no older than five years.

Maybe that’s why Florida doesn’t qualify. They issue theirs every 7 years. However, that should technically still be no reason for disqualification. There’s an issue date and a renewal date on the license. Is math that hard?

 

[Fx51LP308]

So they run a criminal history check on everyone in the state that carries a concealed license every month? That sound unbelievable to me. Yes, that does meet the requirements of 18 U.S.C. § 922(t)(3)(A). But, it sounds like an over application of the exception clause, which is:

So it would seem. Are you saying that this criminal check is done "automatically" every month for all CWFL holders. or only when some action triggers it (i.e. FFL Delivery or CWFL renewal)?

Maybe that’s why Florida doesn’t qualify. They issue theirs every 7 years. However, that should technically still be no reason for disqualification. There’s an issue date and a renewal date on the license. Is math that hard?

Do you mean "Driver's License" of CWFL when you say "7 year renewal?" MY DL yes is a 7 year renewal but CWFL is only 5.

All that aside, I am also wondering if the fact that Florida, being a POC state, might trigger these additional checks, That is, 4473 checks have to go first through the FDLE who then contact the FBI on behalf of the FFL. My former state (PRNJ) does the same thing. The 4473 check has to go through the NJSP "Firearms Unit" before they contact the FBI NICS.

Still, it would seem a bit much.

 

[chevy_man]

Here they write the CC license number in the box and file it. Only reason to bother getting one.

 

[lash]

Are you saying that this criminal check is done "automatically" every month for all CWFL holders. or only when some action triggers it (i.e. FFL Delivery or CWFL renewal)?

I am not saying anything. I’m asking. @sgtsmmiii brought that up. I don’t know.

Do you mean "Driver's License" of CWFL when you say "7 year renewal?" MY DL yes is a 7 year renewal but CWFL is only 5.

Of course I mean my CWFL. Which is a seven year renewal. I renewed mine last year and it expires in 2031. Ive got it setting right here in front of me.

You better check yours.

I was wrong though when I said it has both date of issue and date of expiration on it. Unlike your DL, it only has the date of expiration on it.

 

[Fx51LP308]

I am not saying anything. I’m asking. @sgtsmmiii brought that up. I don’t know.


Of course I mean my CWFL. Which is a seven year renewal. I renewed mine last year and it expires in 2031. Ive got it setting right here in front of me.

You better check yours.

Well, mine expires in 2028. And, like you say, there is no issue date. Although I do recall now that my initial FL CWFL was issued in 2014 while I was still living in the PRNJ. That would have expired in 2021. Which would make my most recent renewal expire 2028, as mentioned.... 7 year cycle.

I stand corrected.

My Utah permit definitely is 5 years. I just renewed it in 2024 and it expires 2029.

 

[Slash0311]

In Indiana, I have a lifetime permit. Once its issued more than 5 years, it will still be valid but they'd still run the check.

Of course that's if I understand the write-up.

 

[Malum Prohibitum]

the permit must be no older than five years.

Maybe that’s why Florida doesn’t qualify. They issue theirs every 7 years. However, that should technically still be no reason for disqualification. There’s an issue date and a renewal date on the license. Is math that hard?

This is the only correct answer.

 

[sloporsche]

I am not saying anything. I’m asking. @sgtsmmiii brought that up. I don’t know.


Of course I mean my CWFL. Which is a seven year renewal. I renewed mine last year and it expires in 2031. Ive got it setting right here in front of me.

You better check yours.

I was wrong though when I said it has both date of issue and date of expiration on it. Unlike your DL, it only has the date of expiration on it.

mine too ....expires 12/15/2030 on the card ,i got it 12/23/2023 which is not on the card

 

[sloporsche]

It’s interesting that Florida’s CWP does not qualify, even though we have to submit fingerprints and photographs and submit to a state background check.

We [florida CCP] are still leaving with our handgun purchase that day .....having moved from NJ to fla i was pleasantly shocked

 

[rtB]

AZ has been like this for years. Show CCW and DL, leave.
Still fill out 4473, but no call.

 

[doubloon]

It’s interesting that Florida’s CWP does not qualify, even though we have to submit fingerprints and photographs and submit to a state background check.

Write your senator, it's determined by state law I believe.

Texas has also not required a NICS for license holders since forever, I'm guessing fig posted this because of some recent change I'm not aware of.

Florida is a POC state

file:///Users/louis/Downloads/nics-participation-map-020124.pdf

So they run a criminal history check on everyone in the state that carries a concealed license every month?

I don't *think* it works that way here in Texas. AFAIK it's tied to violations and convictions and whether or not the court mandates a suspension or revocation. It's an event driven driven process not a polling process. But no NICS check would be required for this, the offender has a license and it gets revoked/suspended.

Access to NICS is pretty regulated. Nationwide, FFLs aren't supposed to access NICS without an application for transfer, no "pre-checks" are supposed to happen, no paper, no checky. Assuming the state isn't one that has a designated point of contact for NICS checks. If a state doesn't have a POC then access to NICS is by FFLs through the FBI, AFAIK no "direct" access. But I'm not an FFL so I could easily be wrong.

Some states have a point of contact designated by the state that acts as an intermediary between FFL and FBI and processes NICS checks for the FFLs. These POCs get access to NICS through a network connection and I *think* they submit the request directly bypassing the FBI but they're supposed to provide a "purpose code". Below are the only purpose codes I'm aware of. I don't know if a state POC can run a NICS for willy nilly any reason. Depending on the state the number of checks for every license holder would range between <200 to >1M.

Purpose.• Purpose
Code C: Used by criminal justice agencies and child protective services for official duties in connection with the administration of criminal justice and investigations•
Purpose Code J: Used by criminal justice agencies to run background checks for criminal justice agency employment•
Purpose Code D: Used by civil courts in the investigation of domestic violence/stalking only•
Purpose Code H: Used by criminal justice agencies when providing a Yes or No to a housing agency• Purpose
Code X: Used by Bureau of Indian Affairs (BIA) when child placement is necessary under exigent circumstances

 

[lash]

We [florida CCP] are still leaving with our handgun purchase that day .....having moved from NJ to fla i was pleasantly shocked

True.

Write your senator, it's determined by state law I believe.

Texas has also not required a NICS for license holders since forever, I'm guessing fig posted this because of some recent change I'm not aware of.

Florida is a POC state

file:///Users/louis/Downloads/nics-participation-map-020124.pdf

View attachment 8695016



I don't *think* it works that way here in Texas. AFAIK it's tied to violations and convictions and whether or not the court mandates a suspension or revocation. It's an event driven driven process not a polling process. But no NICS check would be required for this, the offender has a license and it gets revoked/suspended.

Access to NICS is pretty regulated. Nationwide, FFLs aren't supposed to access NICS without an application for transfer, no "pre-checks" are supposed to happen, no paper, no checky. Assuming the state isn't one that has a designated point of contact for NICS checks. If a state doesn't have a POC then access to NICS is by FFLs through the FBI, AFAIK no "direct" access. But I'm not an FFL so I could easily be wrong.

Some states have a point of contact designated by the state that acts as an intermediary between FFL and FBI and processes NICS checks for the FFLs. These POCs get access to NICS through a network connection and I *think* they submit the request directly bypassing the FBI but they're supposed to provide a "purpose code". Below are the only purpose codes I'm aware of. I don't know if a state POC can run a NICS for willy nilly any reason. Depending on the state the number of checks for every license holder would range between <200 to >1M.

Purpose.• Purpose
Code C: Used by criminal justice agencies and child protective services for official duties in connection with the administration of criminal justice and investigations•
Purpose Code J: Used by criminal justice agencies to run background checks for criminal justice agency employment•
Purpose Code D: Used by civil courts in the investigation of domestic violence/stalking only•
Purpose Code H: Used by criminal justice agencies when providing a Yes or No to a housing agency• Purpose
Code X: Used by Bureau of Indian Affairs (BIA) when child placement is necessary under exigent circumstances

Some good information. Thanks.

 

[Ronws]

In Texas, I have an LTC (license carry concealed or open.) So, that means that when I transfer an item, presenting my LTC is all it takes and doesn't require an additional NICS check.

And that is the main reason I keep it renewed.

 

[mi650]

We used to have this here, and for some reason just got it back. FATF took it away when weed was legalized in 2018, I think.

No idea why they put us back on the gtg list, but I'm not complaining.

 

[Marinevet1]

In Kansas if you have a state carry permit, you fill out the 4473, but it doesn't get called in.............pay your money, walk out with the firearm.............been this way for years.

 

[Redheeler]

In Kansas if you have a state carry permit, you fill out the 4473, but it doesn't get called in.............pay your money, walk out with the firearm.............been this way for years.

I kid the LGS that I get things at that they need to get a “that’s easy” button for every time someone with a CCP buys a weapon. Just fill out the 4473, pay your money, and walk out.
I would actually buy them one if you didn’t have to fill out the 4473.

 

[jpjulian]

In Illinois, yeah I know, we have to have a Firearms Owners Identification Card, foid, to purchase or possess a firearm or ammunition. Now we even have to go through a background check to purchase ammunition, any and all ammunition! The foid is run by the state daily for any disqualifying offenses and now is run again not just for firearms purchases but ammunition also. Total BS. This will do absolutely nothing to reduce crime. No wonder internet sites don't want to ship to Illinois.

 

[mosin46]

I am not saying anything. I’m asking. @sgtsmmiii brought that up. I don’t know.


Of course I mean my CWFL. Which is a seven year renewal. I renewed mine last year and it expires in 2031. Ive got it setting right here in front of me.

You better check yours.

I was wrong though when I said it has both date of issue and date of expiration on it. Unlike your DL, it only has the date of expiration on it.

odd. both of mine from last year go til '32. doesn't matter. if i am functional then,will renew. if not,well....