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I'm not seeing anything in the law at all that specifically exempts CCW permit holders from NICS checks.
On page 12 of the actual bill, starting at Line 9, I see this:
9.......Although the permit is
10 considered valid in the state, a person who fails to renew his or her
11 permit within five years from the date of issuance or renewal shall not
12 be eligible for an exception to a National Instant Criminal Background
13 Check under federal regulations currently codified under 27 CFR
14 478.102(d) relating to the transfer, sale, or delivery of firearms from
15 licensed dealers.
This appears to leave the option open at a later date for CCW permit holders to be exempt from NICS checks, but AFAIK, unless specifically stated otherwise, FFL's are still required by Fed Law to perform NIC's checks when selling a firearm.
If I'm incorrect, somebody please feel free to educate me otherwise and please post a link or a citation showing this.
Personally, I'd be much happier if a CCW permit negated the need for NICS checks when purchasing a firearm from an FFL, but I'm not aware of anyway that an FFL could get around doing so currently.
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so that means as of oct 11 or oct 12 no more NICs checks for CCW holders?
this could be bad for those of us that get delays i have passed on deals before since i didn't feel like the hassle of the delay.
I think this is the part causing confusion.
Although the permit is
10 considered valid in the state, a person who fails to renew his or her
11 permit within five years from the date of issuance or renewal shall not
12 be eligible for an exception to a National Instant Criminal Background
Just means you have to have a valid permit. They are 5 years now, so if you don't renew your permit and it is 6 years from the last time it was issued and you try to use it when buying from an FFL, then it can't be used for an exception to the nics check.
I have never been exempted from the NICS check. I didn't think MO's permit qualified for an exemption for some reason?
I'm not seeing anything in the law at all that specifically exempts CCW permit holders from NICS checks.
On page 12 of the actual bill, starting at Line 9, I see this:
9.......Although the permit is
10 considered valid in the state, a person who fails to renew his or her
11 permit within five years from the date of issuance or renewal shall not
12 be eligible for an exception to a National Instant Criminal Background
13 Check under federal regulations currently codified under 27 CFR
14 478.102(d) relating to the transfer, sale, or delivery of firearms from
15 licensed dealers.
This appears to leave the option open at a later date for CCW permit holders to be exempt from NICS checks, but AFAIK, unless specifically stated otherwise, FFL's are still required by Fed Law to perform NIC's checks when selling a firearm.
If I'm incorrect, somebody please feel free to educate me otherwise and please post a link or a citation showing this.
Personally, I'd be much happier if a CCW permit negated the need for NICS checks when purchasing a firearm from an FFL, but I'm not aware of anyway that an FFL could get around doing so currently.
Hey Max, Here is the wording of 27 CFR 14 478.102(d)
http://www.law.cornell.edu/cfr/text/27/478.102
(d)Exceptions to NICS check. The provisions of paragraph (a) of this section
shall not apply if—
(1) The transferee has presented to the licensee a valid permit or license that—
(i) Allows the transferee to possess, acquire, or carry a firearm;
(ii) Was issued not more than 5 years earlier by the State in which the transfer is to take place; and
(iii) The law of the State provides that such a permit or license is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a firearm by the transferee would be in violation of Federal, State, or local law: Provided, That on and after November 30, 1998, the information available to such official includes the NICS;
(2) The firearm is subject to the provisions of the National Firearms Act and has been approved for transfer under 27 CFR part 479; or
(3) On application of the licensee, in accordance with the provisions of § 478.150, the Director has certified that compliance with paragraph (a)(1) of this section is impracticable.
(e) The document referred to in paragraph (d)(1) of this section (or a copy thereof) shall be retained or the required information from the document shall be recorded on the firearms transaction record in accordance with the provisions of § 478.131.
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FFL will simply make a copy of your CCW, instead of calling in for a nics check. I did a write up on this a while back, but it looks like it has moved to archive...you might find it there.