Background check for CCW permit holder?

LadyLuck · November 8, 2011, 12:10 PM

I'm pretty sure I know the answer to this but wanted to double check. Does a dealer (or FFL) still have to do a background check for a buyer who has a CCW? Not a problem if they do, but I thought I read somewhere that if you already have the license the instacheck is moot.

Thanks in advance!

Pahoo · November 8, 2011, 12:13 PM

You'd have to check your state but in our state, as long as the permit is current, that is the background check and you are good to go. ....

In Iowa, you have two kind of permits. One is called a Permit to Purchase. The other, is the CCW permit or carry permit. I should add that you can purchase with both types. Some folks have one or the other and some have both. ..

Be Safe !!!

Don P · November 8, 2011, 12:20 PM

It depends on the issuing authority. If law enforcement issued the CCW permit the NICS check can/is waved. Here in FLA our CCW permit is issued by the Dept. of Agriculture ( non-law enforcement agency ) so we have to have the NICS check every time we purchase from a FFL.

LadyLuck · November 8, 2011, 12:42 PM

Dept of Agriculture, huh?

I'm in Colorado, my CCW was issued by my county SO. We don't have separate purchasing permits.

Don P · November 8, 2011, 01:03 PM

Quote:

Dept of Agriculture, huh?

Strange isn't it. Better than it was before the state got involved. Local sheriffs or chief of police would issue and if A was all mad at B then that county would not honor the others permits. made it real tough on the permit holders as to who was urinating on who as to whether you were legal or not plus the state realized the money that could be made issuing CCW permits.

Ronbert · November 8, 2011, 01:10 PM

Not it Colorado. Should be - but it's not.

Idahoser · November 8, 2011, 02:47 PM

They're considering in TN a law waiving the BGC for licensees. It's a state thing.

Rj1972 · November 8, 2011, 02:51 PM

In Texas if you have a CCW permit (CHL), then no NCIS background check is required.

divil · November 8, 2011, 03:02 PM

Based on this letter, I believe the ATF needs to decide if a particular state's concealed carry laws are sufficient to stand in place of a NICS check. So it's probably not safe to assume it, even if the concealed carry law in your state involves a NICS check (most do).

Kansas and North Dakota are 2 I know of where FFLs can waive the background check for concealed carry license holders.

jimbob86 · November 8, 2011, 03:03 PM

In Nebraska, we got our Legislature to enact a law that alows our CHP to work as our Firearm Purchase Certificate, essentially doing the NICS check in advance...... and making the NICS unnessessary. It makes gun pruchases simpler..... I've never heard "The system is down...." .....just fill out the form, show my CHP and driver's license, pay, and take my gun home.

IDK what Colorado does..... but these folks could probably help you:

http://www.rmgo.org/

Niner4Tango · November 8, 2011, 03:20 PM

Quote:

I'm in Colorado

Yep, here ya go:

http://cbi.state.co.us/ic/CHP_FAQ.html

glenncal1 · November 8, 2011, 03:35 PM

Colorado tried to pass that a while ago, if I remember correctly (always a big if) it passed the legislature but was vetoed by the governor.

Dragline45 · November 8, 2011, 03:52 PM

In Massachusetts everytime I buy a gun before I fill out the paperwork they call into the FBI to do a background check even though I have a CCW that was just renewed less than two years ago. Really not that much of a hassle it has never taken more than 5 minutes.

MonsterB · November 8, 2011, 04:37 PM

NH= fill the paperwork out, they call it in, and in 10 to 20 minutes you have your gun. Not sure if that's a background check, they do call the state police I think to get the ok. I don't think they did much of a background check when I got my ccw license, nobody I put as references wete contacted and I had it 21 hours after submitting the aplication. Probably doesn't hurt that I have no police record, never been in trouble for anything. NH is a great state to live in!

brickeyee · November 8, 2011, 05:13 PM

Quote:

Does a dealer (or FFL) still have to do a background check for a buyer who has a CCW?

Depends on if BATFE has approved the states CCW process as adequate.

Some have, others not.

pendennis · November 8, 2011, 05:14 PM

In Michigan, the CPL license is supposed to be "the background check". However, some dealers do it anyway, as a matter of course.

Don P · November 9, 2011, 08:09 AM

This what is written in the Federal Firearms Regulations Reference Guide,
on page 193,
Firearm transfers are exempt from the requirement for a NICS check in 3 situations. These include transfers:
(1) too buyers having a State permit that has been recognized by the ATF as an alternative to a NICS check; (2) of National Firearms Act weapons approved by ATF; and (3) certified by ATF as exempt because compliance with the NICS check requirement is impractical.
[18 U.S.C. 922(t),27 CFR 478.102(d)]
The above reference guide can be ordered from the ATF's web sight FOR FREE. The ATF also has other publications available FOR FREE and all can be found here at www.atf.gov just go to publications and place you order. One of the publications that is good to have is the Personal Firearms record publication # 3312.8

KC Rob · November 9, 2011, 08:30 AM

I used to live in VA, they had a limit on the number of handguns you could buy in a month (pretty sure it was one) but if you had a CCW that was waived and you could buy handguns by the box load if you wanted, but I think they still ran the background check despite the CCW license.

Kreyzhorse · November 9, 2011, 07:28 PM

A background check isn't waived in Kentucky if you are a CCW holder to my knowledge.

22-rimfire · November 9, 2011, 11:01 PM

You will have to check the state statutes. Since you don't list a state, nobody here can do that for you or someone from your own state could tell you.

In my state, a NICs check is required for the purchase of a firearm from a FFL dealer. You can buy multiple guns with the same check (same day), but still a check is done.

allenomics · November 9, 2011, 11:39 PM

In Florida, you get checked, regardless.

kealil · November 9, 2011, 11:56 PM

As previously stated, it depends on your state but in Florida you still get the background check even with a CCW .

divil · November 10, 2011, 12:08 AM

Since a few people (including me) seem to have missed this, the OP did say she was in Colorado.

Don P · November 10, 2011, 08:03 AM

Quote:

Since a few people (including me) seem to have missed this, the OP did say she was in Colorado.

I was wondering when someone would catch on. As I wrote and quoted from in post #17 the ATF's guide its up to the ATF to deside which states can bypass the NICS and CCW holders.

ammo.crafter · November 10, 2011, 08:17 AM

Anyone have room for a NJ resident and his

lab so he can relocate to a gun-friendly state?

November 8, 2011, 12:13 PM	#2
Pahoo Senior Member Join Date: February 16, 2006 Location: IOWA Posts: 8,783	You'd have to check your state but in our state, as long as the permit is current, that is the background check and you are good to go. .... In Iowa, you have two kind of permits. One is called a Permit to Purchase. The other, is the CCW permit or carry permit. I should add that you can purchase with both types. Some folks have one or the other and some have both. .. Be Safe !!! __________________ 'Fundamental truths' are easy to recognize because they are verified daily through simple observation and thus, require no testing. Last edited by Pahoo; November 8, 2011 at 12:27 PM. Reason: Depends on your state but should be good to go !!

November 8, 2011, 12:20 PM	#3
Don P Senior Member Join Date: December 17, 2005 Location: Swamp dweller Posts: 6,187	It depends on the issuing authority. If law enforcement issued the CCW permit the NICS check can/is waved. Here in FLA our CCW permit is issued by the Dept. of Agriculture ( non-law enforcement agency ) so we have to have the NICS check every time we purchase from a FFL. __________________ *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.*

November 8, 2011, 12:42 PM	#4
LadyLuck Junior Member Join Date: November 8, 2011 Posts: 5	Dept of Agriculture, huh? I'm in Colorado, my CCW was issued by my county SO. We don't have separate purchasing permits. __________________ Lady Luck

November 8, 2011, 03:35 PM	#12
glenncal1 Senior Member Join Date: April 21, 2009 Location: Denver area Posts: 504	Colorado tried to pass that a while ago, if I remember correctly (always a big if) it passed the legislature but was vetoed by the governor. __________________ Jim Many K and N Frames

November 9, 2011, 08:30 AM	#18
KC Rob Senior Member Join Date: January 3, 2009 Location: Outside KC, MO Posts: 321	I used to live in VA, they had a limit on the number of handguns you could buy in a month (pretty sure it was one) but if you had a CCW that was waived and you could buy handguns by the box load if you wanted, but I think they still ran the background check despite the CCW license. __________________ KC Rob

November 8, 2011, 12:10 PM	#1
LadyLuck Junior Member Join Date: November 8, 2011 Posts: 5	Background check for CCW permit holder? I'm pretty sure I know the answer to this but wanted to double check. Does a dealer (or FFL) still have to do a background check for a buyer who has a CCW? Not a problem if they do, but I thought I read somewhere that if you already have the license the instacheck is moot. Thanks in advance! __________________ Lady Luck

November 8, 2011, 01:10 PM	#6
Ronbert Senior Member Join Date: September 23, 2009 Location: Ft. Collins, CO. Posts: 398	Not it Colorado. Should be - but it's not.

November 8, 2011, 02:47 PM	#7
Idahoser Senior Member Join Date: April 13, 2005 Location: West TN Posts: 244	They're considering in TN a law waiving the BGC for licensees. It's a state thing.

November 8, 2011, 02:51 PM	#8
Rj1972 Senior Member Join Date: December 16, 2010 Posts: 129	In Texas if you have a CCW permit (CHL), then no NCIS background check is required.

November 8, 2011, 03:02 PM	#9
divil Senior Member Join Date: November 11, 2009 Posts: 506	Based on this letter, I believe the ATF needs to decide if a particular state's concealed carry laws are sufficient to stand in place of a NICS check. So it's probably not safe to assume it, even if the concealed carry law in your state involves a NICS check (most do). Kansas and North Dakota are 2 I know of where FFLs can waive the background check for concealed carry license holders.

November 8, 2011, 03:03 PM	#10
jimbob86 Junior member Join Date: October 4, 2007 Location: All the way to NEBRASKA Posts: 8,722	In Nebraska, we got our Legislature to enact a law that alows our CHP to work as our Firearm Purchase Certificate, essentially doing the NICS check in advance...... and making the NICS unnessessary. It makes gun pruchases simpler..... I've never heard "The system is down...." .....just fill out the form, show my CHP and driver's license, pay, and take my gun home. IDK what Colorado does..... but these folks could probably help you: http://www.rmgo.org/

November 8, 2011, 03:52 PM	#13
Dragline45 Senior Member Join Date: November 30, 2010 Posts: 3,513	In Massachusetts everytime I buy a gun before I fill out the paperwork they call into the FBI to do a background check even though I have a CCW that was just renewed less than two years ago. Really not that much of a hassle it has never taken more than 5 minutes.

November 8, 2011, 04:37 PM	#14
MonsterB Senior Member Join Date: June 15, 2010 Posts: 347	NH= fill the paperwork out, they call it in, and in 10 to 20 minutes you have your gun. Not sure if that's a background check, they do call the state police I think to get the ok. I don't think they did much of a background check when I got my ccw license, nobody I put as references wete contacted and I had it 21 hours after submitting the aplication. Probably doesn't hurt that I have no police record, never been in trouble for anything. NH is a great state to live in!

November 8, 2011, 05:14 PM	#16
pendennis Junior member Join Date: March 18, 2009 Posts: 572	In Michigan, the CPL license is supposed to be "the background check". However, some dealers do it anyway, as a matter of course.

November 9, 2011, 08:09 AM	#17
Don P Senior Member Join Date: December 17, 2005 Location: Swamp dweller Posts: 6,187	This what is written in the Federal Firearms Regulations Reference Guide, on page 193, Firearm transfers are exempt from the requirement for a NICS check in 3 situations. These include transfers: (1) too buyers having a State permit that has been recognized by the ATF as an alternative to a NICS check; (2) of National Firearms Act weapons approved by ATF; and (3) certified by ATF as exempt because compliance with the NICS check requirement is impractical. [18 U.S.C. 922(t),27 CFR 478.102(d)] The above reference guide can be ordered from the ATF's web sight FOR FREE. The ATF also has other publications available FOR FREE and all can be found here at www.atf.gov just go to publications and place you order. One of the publications that is good to have is the Personal Firearms record publication # 3312.8 __________________ *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.*

November 9, 2011, 07:28 PM	#19
Kreyzhorse Senior Member Join Date: April 12, 2006 Location: NKY Posts: 12,463	A background check isn't waived in Kentucky if you are a CCW holder to my knowledge. __________________ "He who laughs last, laughs dead." Homer Simpson

November 9, 2011, 11:01 PM	#20
22-rimfire Senior Member Join Date: February 19, 2005 Location: Tennessee Posts: 5,323	You will have to check the state statutes. Since you don't list a state, nobody here can do that for you or someone from your own state could tell you. In my state, a NICs check is required for the purchase of a firearm from a FFL dealer. You can buy multiple guns with the same check (same day), but still a check is done.

November 9, 2011, 11:39 PM	#21
allenomics Senior Member Join Date: January 20, 2007 Posts: 1,536	In Florida, you get checked, regardless. __________________ NRA Benefactor Life Member Knowledge is not power. Applied knowledge is power!

November 9, 2011, 11:56 PM	#22
kealil Senior Member Join Date: July 27, 2011 Posts: 270	As previously stated, it depends on your state but in Florida you still get the background check even with a CCW .

November 10, 2011, 12:08 AM	#23
divil Senior Member Join Date: November 11, 2009 Posts: 506	Since a few people (including me) seem to have missed this, the OP did say she was in Colorado.

November 10, 2011, 08:17 AM	#25
ammo.crafter Senior Member Join Date: June 25, 2006 Location: The Keystone State Posts: 1,970	ccw Anyone have room for a NJ resident and his lab so he can relocate to a gun-friendly state? __________________ "Peace is that brief glorious moment in history when everybody stands around reloading". --Thomas Jefferson