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Old August 3, 2014, 08:36 PM   #1
steve4102
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NICS Not Required?

Form 4473 line 23 States that No NICS background check is required if the buyer has a valid Permit to carry.

Is this indeed the case? I have a valid Permit to carry, does this mean that I do not have to go through the NICS background checks?

I gotta be missing something, yes?

http://www.atf.gov/files/forms/downl...f-f-4473-1.pdf

http://www.gpo.gov/fdsys/pkg/CFR-201...sec478-102.pdf
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Old August 3, 2014, 08:38 PM   #2
NJgunowner
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It varies state to state.
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Old August 3, 2014, 09:08 PM   #3
Tom Servo
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If the state issues a carry permit that meets certain federal criteria, yes. The criteria are:
  • The license or permit valid for five (5) years or less,
  • a NICS check was performed and passed during the license application process,
  • the pemit is denied to anyone prohibited from possessing firearms under federal, state, or local law
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Old August 3, 2014, 09:58 PM   #4
kilimanjaro
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I always offer my permit and ID when buying, and the NICS check gets made, irregardless. The C&R license doesn't cut much ice in the store, either, even though all they need is a signed copy and the price of the gun, still doing the 4473 and NICS check, every time.
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Old August 4, 2014, 12:51 PM   #5
ThesNazud
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Anyone know if IL does the nics check on their cc permit?
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Old August 4, 2014, 12:55 PM   #6
JimDandy
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That doesn't guarantee avoiding the NICS on a purchase. Or the slight bump in cost you'd get.
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Old August 4, 2014, 01:21 PM   #7
ThesNazud
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Ok, after looking through the ISP site and reading the actual Act, I found this...

Link: https://ccl4illinois.com/ccw/Public/AboutTheAct.aspx

430 ILCS 66/35
Sec. 35. Investigation of the applicant.
The Department shall conduct a background check of the applicant to ensure compliance with the requirements of this Act and all federal, State, and local laws. The background check shall include a search of the following:
(1) the National Instant Criminal Background Check
System of the Federal Bureau of Investigation;


Now, granted the license is only valid for five years and I highly doubt that it is issued to a prohibited person, it appears that the FCCL does meet this exemption... I, however am too poor and not brave enough to test the theory though...
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Old August 4, 2014, 01:45 PM   #8
A400 Fan
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In FL, they still make the call for the check; the advantage the CWP gives you is no 3-day waiting period on handguns
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Old August 4, 2014, 02:17 PM   #9
Doyle
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Quote:
In FL, they still make the call for the check; the advantage the CWP gives you is no 3-day waiting period on handguns
Fl doesn't qualify for the NICS exemption because of the way it manages its CCW lists. I don't remember the exact issue but I seem to recall it having something to do with the lack of automatic checking for revocation of the CCW for disqualifiying events.
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Old August 4, 2014, 04:57 PM   #10
steve4102
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I found this.

https://www.atf.gov/files/publicatio...nformation.pdf
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Old August 6, 2014, 07:22 AM   #11
SkunkApe
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In Wyoming, having a CCW permit means no NICS check. You still have to fill out form 4473, they just don't have to call it in.
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Old August 6, 2014, 10:06 AM   #12
dogtown tom
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Quote:
steve4102 Form 4473 line 23 States that No NICS background check is required if the buyer has a valid Permit to carry.
That's NOT what Question 23 says, you left out the really important part. It actually reads:
Quote:
No NICS check was required because the buyer has a valid permit from the State where the transfer is to take place, which qualifies as an exemption to NICS (See instructions for Question 23.)...
The instructions for Question 23 go on to explain that the permit must be recognized by ATF as a valid alternative to the NICS check.


Quote:
ThesNazud Anyone know if IL does the nics check on their cc permit?
Does not appear so:

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Old August 6, 2014, 01:58 PM   #13
ThesNazud
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I've seen that graphic before, but as it is dated as last updated 3/13 before we had a CCW I wonder if they just haven't had a chance to update, or are waiting on the DC decision....
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Old August 6, 2014, 03:27 PM   #14
Rj1972
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In Texas, no NICS is required if you have a CHL (CCW).
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Old August 7, 2014, 01:27 PM   #15
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No check in SC with a CWP, but the CWP must have the correct address.

I bought a handgun right after moving, and SLED hadn't send me a new CWP with the correct address yet. They had to call...wasn't a big deal.

Note to all... at least in south carolina if you move don't change your address online for your DL. The address printed on the DL needs to be your actual address. I had to find my car registration to buy that gun because I had done the online change (This was part of the reason SLED delayed my new CWP).

I had to go get a physical DL with new DL before SLED would issue the new CWP. So if you move...spend the $15 ($10 to DMV and $5 to SLED) to get both issued with the new address.
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Old August 7, 2014, 03:25 PM   #16
skizzums
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from what can tell from the graph it says Georgia requires for all sales, that is not the case at this time. if you have carry, no background required. maybe I am reading it wrong
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Old August 7, 2014, 03:37 PM   #17
Doyle
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Skizzums, you're reading it wrong. That particular map shows which agency is the point of contact for call-ins (state or FBI). Ga is an FBI state. FL is a state agency call-in.
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Old August 7, 2014, 10:48 PM   #18
dogtown tom
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Quote:
skizzums from what can tell from the graph it says Georgia requires for all sales, that is not the case at this time. if you have carry, no background required. maybe I am reading it wrong
See the GA....the underlining means the state has a permit that is an exemption to the NICS check.
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