Getting around the NICS Check

Don P · April 15, 2011, 10:14 AM

I received this from the ATF. Curious as to why Florida has not followed suit as well as the rest of the states that allow CCW with permits.
http://www.atf.gov/press/releases/20...nsas-ffls.html

Technosavant · April 15, 2011, 10:53 AM

Why?

Good question. We here in MO have looked into it, and at first it was difficult to figure out exactly what was needed; the ATF and FBI kept giving some folks the run around to determine what was needed on the state end. Apparently this has been figured out (not sure what all is needed, I haven't followed all THAT closely), and now the question is if it is a big enough priority to push it through the legislature.

I think it generally isn't that big a priority because the NICS call takes very little time and just isn't an issue for the vast majority of CCW holders. It would save more time on the dealer end, but they haven't really organized to do anything about it.

Don P · April 15, 2011, 11:07 AM

On issue I would like to save the $5.00 fee for the background check. State runs the check each time we renew or initially get the CCW permit along through the FBI's data base if I was informed right.

MLeake · April 15, 2011, 12:53 PM

... I'm not sure what you mean.

When I lived in FL, I never paid $5 and never had to wait for the check, after I got my CCW. Florida waives the waiting period for permit holders. You may need to find a different dealer.

Don P · April 17, 2011, 02:55 PM

Quote:

I'm not sure what you mean.

Simple I have had a CWP since 1993 in Florida and every firearm that I have purchased the selling dealer has charged me $5.00 for the NICS. Total of 7 different dealers. So to reply to your suggestion on finding another dealer how many more should I try before finding one that waives the NICS call and fee?????

zoomie · April 17, 2011, 03:03 PM

I had a CHL in Texas and was exempt from the NICS calls. I moved to FL and was confused/annoyed that the same wasn't true.

What I heard (unverified) is that it is because the FL CHL is not issued by a LEO agency. It's issued by the Department of Agriculture, who does not have the authority to waive Brady Law requirements. Texas was issued by the state police (DPS) and therefore had that authority.

Don P · April 17, 2011, 03:22 PM

Very well could be the answer. Red tape gallor as they say. Someone has to be doing the inital check for the permit to be issued. No problem I'm made of money

GoOfY-FoOt · April 17, 2011, 08:33 PM

We pay $6.00 for a BG check, up around these parts.
There is a section on the 4473, bottom half of second page, that states something to the effect of not needing the call-in with a permit, but we were told to call (and charge) anyway.

The Dept. of Ag. angle makes sense, but I haven't asked our BATFE guy, yet...He is due in sometime this year. If I remember, I'll get the skinny. Of course, his response and another agent's, might differ, but we have to do what we have to do.

MLeake · April 17, 2011, 08:39 PM

Haven't lived in FL since 2008, and haven't bought a gun there since 2007, but if I was ever charged for the call, I never noticed that on the bill. And I always left with the gun when I purchased it. I think the shop owner may have placed the call, while I paid the guy at the desk, but it didn't delay or cost me anything so far as I can recall.

Is this call and charge a new thing (IE since 2008)?

Don P · April 18, 2011, 02:37 PM

Quote:

Is this call and charge a new thing (IE since 2008)?

Not as far as I know. Like I stated I have purchased firearms here since 1993 and every shop charged the $5.00 fee for the NICS. Always left with the gun because of the CCW permit but still had to pay. Maybe you overlooked the fee on your receipts?

MLeake · April 18, 2011, 03:03 PM

It's possible I did; I know I was never told I was being charged for the call.

It's also possible that the dealer I normally went to simply included that charge in his sale price.

johnbt · April 18, 2011, 03:07 PM

Some states don't qualify for the carry permit exemption because there are other federal requirements. Things that come to mind are: The city or county issuing the permit doesn't run a NICS check locally during a renewal; they don't run an immigration check; and I've forgotten the others.

A Virginia carry permit does not exempt you from NICS (the VA State Police actually), so I read up on it many years ago.

JT

Doyle · April 18, 2011, 03:20 PM

John has it right. Fl's CWP issuing process does not meet all the requirements necessary to provide NICS exemption.

Don P · April 18, 2011, 03:24 PM

Well their we go. Question answered and dilemma solved. Thanks for the info. I'm cheap and would like to save the saw buck

April 15, 2011, 10:14 AM	#1
Don P Senior Member Join Date: December 17, 2005 Location: Swamp dweller Posts: 6,187	Getting around the NICS Check I received this from the ATF. Curious as to why Florida has not followed suit as well as the rest of the states that allow CCW with permits. http://www.atf.gov/press/releases/20...nsas-ffls.html __________________ *NRA Life Member, NRA Chief Range Safety Officer, NRA Certified Pistol Instructor,, USPSA & Steel Challange NROI Range Officer, ICORE Range Officer, ,MAG 40 Graduate* *As you are, I once was, As I am, You will be.*

April 15, 2011, 11:07 AM	#3
Don P Senior Member Join Date: December 17, 2005 Location: Swamp dweller Posts: 6,187	On issue I would like to save the $5.00 fee for the background check. State runs the check each time we renew or initially get the CCW permit along through the FBI's data base if I was informed right. __________________ *NRA Life Member, NRA Chief Range Safety Officer, NRA Certified Pistol Instructor,, USPSA & Steel Challange NROI Range Officer, ICORE Range Officer, ,MAG 40 Graduate* *As you are, I once was, As I am, You will be.*

April 15, 2011, 12:53 PM	#4
MLeake Senior Member Join Date: November 15, 2007 Location: Outside KC, MO Posts: 10,128	Don P... ... I'm not sure what you mean. When I lived in FL, I never paid $5 and never had to wait for the check, after I got my CCW. Florida waives the waiting period for permit holders. You may need to find a different dealer.

April 17, 2011, 03:22 PM	#7
Don P Senior Member Join Date: December 17, 2005 Location: Swamp dweller Posts: 6,187	Very well could be the answer. Red tape gallor as they say. Someone has to be doing the inital check for the permit to be issued. No problem I'm made of money __________________ *NRA Life Member, NRA Chief Range Safety Officer, NRA Certified Pistol Instructor,, USPSA & Steel Challange NROI Range Officer, ICORE Range Officer, ,MAG 40 Graduate* *As you are, I once was, As I am, You will be.*

April 18, 2011, 03:24 PM	#14
Don P Senior Member Join Date: December 17, 2005 Location: Swamp dweller Posts: 6,187	Well their we go. Question answered and dilemma solved. Thanks for the info. I'm cheap and would like to save the saw buck __________________ *NRA Life Member, NRA Chief Range Safety Officer, NRA Certified Pistol Instructor,, USPSA & Steel Challange NROI Range Officer, ICORE Range Officer, ,MAG 40 Graduate* *As you are, I once was, As I am, You will be.*

April 15, 2011, 10:53 AM	#2
Technosavant Senior Member Join Date: May 29, 2007 Location: St. Louis, MO area Posts: 4,040	Why? Good question. We here in MO have looked into it, and at first it was difficult to figure out exactly what was needed; the ATF and FBI kept giving some folks the run around to determine what was needed on the state end. Apparently this has been figured out (not sure what all is needed, I haven't followed all THAT closely), and now the question is if it is a big enough priority to push it through the legislature. I think it generally isn't that big a priority because the NICS call takes very little time and just isn't an issue for the vast majority of CCW holders. It would save more time on the dealer end, but they haven't really organized to do anything about it.

April 17, 2011, 03:03 PM	#6
zoomie Senior Member Join Date: January 23, 2006 Location: GA Posts: 1,862	I had a CHL in Texas and was exempt from the NICS calls. I moved to FL and was confused/annoyed that the same wasn't true. What I heard (unverified) is that it is because the FL CHL is not issued by a LEO agency. It's issued by the Department of Agriculture, who does not have the authority to waive Brady Law requirements. Texas was issued by the state police (DPS) and therefore had that authority.

April 17, 2011, 08:33 PM	#8
GoOfY-FoOt Senior Member Join Date: January 1, 2011 Location: West Central Florida Posts: 463	We pay $6.00 for a BG check, up around these parts. There is a section on the 4473, bottom half of second page, that states something to the effect of not needing the call-in with a permit, but we were told to call (and charge) anyway. The Dept. of Ag. angle makes sense, but I haven't asked our BATFE guy, yet...He is due in sometime this year. If I remember, I'll get the skinny. Of course, his response and another agent's, might differ, but we have to do what we have to do.

April 17, 2011, 08:39 PM	#9
MLeake Senior Member Join Date: November 15, 2007 Location: Outside KC, MO Posts: 10,128	Haven't lived in FL since 2008, and haven't bought a gun there since 2007, but if I was ever charged for the call, I never noticed that on the bill. And I always left with the gun when I purchased it. I think the shop owner may have placed the call, while I paid the guy at the desk, but it didn't delay or cost me anything so far as I can recall. Is this call and charge a new thing (IE since 2008)?

April 18, 2011, 03:03 PM	#11
MLeake Senior Member Join Date: November 15, 2007 Location: Outside KC, MO Posts: 10,128	It's possible I did; I know I was never told I was being charged for the call. It's also possible that the dealer I normally went to simply included that charge in his sale price.

April 18, 2011, 03:07 PM	#12
johnbt Senior Member Join Date: December 6, 1999 Location: Richmond, Virginia USA Posts: 6,004	Some states don't qualify for the carry permit exemption because there are other federal requirements. Things that come to mind are: The city or county issuing the permit doesn't run a NICS check locally during a renewal; they don't run an immigration check; and I've forgotten the others. A Virginia carry permit does not exempt you from NICS (the VA State Police actually), so I read up on it many years ago. JT

April 18, 2011, 03:20 PM	#13
Doyle Senior Member Join Date: June 20, 2007 Location: Rainbow City, Alabama Posts: 7,167	John has it right. Fl's CWP issuing process does not meet all the requirements necessary to provide NICS exemption.

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