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Old July 26, 2012, 03:32 PM   #1
BoogieMan
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Gun buying restriction around the country

I am fairly familiar with buying guns in NJ and its no easy task. We have a state firearms id with background check. We need a separate permit for each pistol we want to buy and we can only buy one pistol per 30 day period. At the point of sale we still pay the $16 for a NICS check which does the same thing the state id did.
When you buy in other states dont you still have to do a NICS check? I was under the impression that was a federal check. Why does the news and the POTUS keep saying that individuals dont have to have a background check prior to purchasing?
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Last edited by BoogieMan; July 26, 2012 at 03:42 PM.
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Old July 26, 2012, 04:11 PM   #2
scpapa
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They are refering to face to face sales betwee indivduals. Like buying a bicycle from your friend. In the free states there is no background checks on FTF sales. At gun shows, when you buy from a dealer, the NICS check is initiated (unless your state allows CWP holders to show their card and not do the check because their name is run through a database every 24 hours.)

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Old July 26, 2012, 04:22 PM   #3
BoogieMan
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We can do FTF in NJ among FID card holders. But, we have to use a state police transfer form. The form is good because if the gun shows up somewhere you can prove that you no longer own it. This is only good for long guns.
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Old July 26, 2012, 04:28 PM   #4
aarondhgraham
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Oklahoma,,,

No waiting period,,,
No firearm owners card of any kind,,,
No restrictions on how many guns you can purchase at once.

You fill out the form 4473 and the FFL seller calls it in,,,
Approval for me has never taken more then 5 minutes time.

I'm out the door and headed to the range.

If I am buying from a private citizen,,,
I hand him the money and I'm on my way to the range.

I have always obtained a signed Bill of Sale when buying privately,,,
But it's not required by any state law,,,
It's just to protect me.

If the seller won't do that,,,
I doubt if I would buy the gun.

Aarond

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Old July 26, 2012, 04:29 PM   #5
Spats McGee
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In many states, an FTF transaction of both handguns and long guns can be done without a NICS check or any sort of permit. This is true regardless of whether the transfer takes place at a gun show, in a parking lot, on Uncle Bob's back 40 . . . The 4473 and associated NICS check only come into play if there's a transfer through an FFL. Mind you that in such states, you could still, as a matter of private party contract, require that the buyer fill out a bill of sale in order to purchase from you. If the buyer declines to do so, you can decline to make the sale.
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Old July 26, 2012, 05:22 PM   #6
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Wait a second, you pay $16 to have a free NICS check done?
I was unaware anyone could make it mandatory to charge for that call. If the gun store charges that, I think I would be looking for someplace else to spend my hard earned dollars.

My process here in Texas is:
Pick and pay for the gun wanted.
Fill out 4473
Show valid Texas CHL
Head out the door with new gun
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Old July 26, 2012, 06:07 PM   #7
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@Cowtowner It's not the FFL, states have the option of running their own systems in parallel with the NICS, that's what the charge is for. California and Nevada also have such systems.

@OP

Illinois: You first have to get a FOID(firearm owners ID) then there's a 3 day wait on handguns(I think 1 day on long guns). If you live in Chicago there's the additional step of the getting a CFP(Chicago firearms permit) then register each handgun purchased or moved into the city. You can only register 1 handgun per 30 days with the city. The total time to go from non-owner to first time owner can be a few months. Longer if you need to get a CFP also.

California: Handgun Safety Certificate to buy handguns (can be completed at time of purchase at most FFLs) 10 day wait on all firearms, 1 per 30 days for handguns, private party transfers must go through an FFL, however are exempt from the 1 per 30 rule in most jurisdictions. DROS fees(Cali background system). New residents must register handguns($19 per handgun) with the CADOJ.

Nevada: $25 background check fee(Waved with CCW permits issued after a certain date, I forget the date though). Mandatory(but free) handgun registration in Clark County, along with 3 day wait in Las Vegas unless you can show a blue card(the receipt from registration).

Jeez, I just can't get away from handgun registration!
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Old July 26, 2012, 09:28 PM   #8
Eghad
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Yep.. federal law requires a background check. Either the state has this or a state can use the federal background check run by the FBI. Here in Texas they use the FBI. As said above if you have a CHL they use that instead of a background check.
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Old July 26, 2012, 10:37 PM   #9
Tom Servo
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Quote:
Yep.. federal law requires a background check.
In many states, a carry permit allows the buyer to skip the NICS check.
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Old July 26, 2012, 11:31 PM   #10
hermannr
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Federal law only involves transfers by federally licensed Firearms dealers. If you go to a gun shop, in WA state, yes, it will be checked and transfered just like everywhere else, if you use an FFL.

If you live in WA, you can purchase from another resident of WA, that is not a FFL, FTF, with no check, no muss, no fuss and no required paperwork. same for OR, ID, MT..and quite a few other states.
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