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Durkin Tactical Franklin Armory
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Posted: 8/15/2017 8:41:35 AM EDT
I worked part time at a big box store for many years.    We/they only accepted the home states concealed permits to bypass the NICS check.     Arkansas in my case.   Some people now have out of state non resident permits.   What is the rule on using an out of state non resident permit to bypass NICS?

Looking at the Brady chart is not clear.   Just says it needs to be valid.  How do you FFLs view this?
Link Posted: 8/15/2017 8:50:42 AM EDT
[#1]
The CHL must be in-state.
Link Posted: 8/15/2017 9:01:22 AM EDT
[#2]
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Quoted:
The CHL must be in-state.
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Where is that specified?

This was being discussed in a Facebook group and one guy mentioned he has used his AZ non resident permit at 2 different FFLs and was not a problem.   According to the poster they simply used the AZ permit to avoid NICS.    This is in Arkansas.
Link Posted: 8/15/2017 9:55:39 AM EDT
[#3]
Florida
Never been able to bypass nics
Always have to pay but chl allows bypass of waiting period
Am I being ripped off?
Link Posted: 8/15/2017 10:05:33 AM EDT
[#4]
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Quoted:
Florida
Never been able to bypass nics
Always have to pay but chl allows bypass of waiting period
Am I being ripped off?
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Every state handles it differently.
Link Posted: 8/15/2017 10:08:25 AM EDT
[#5]
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Quoted:
Florida
Never been able to bypass nics
Always have to pay but chl allows bypass of waiting period
Am I being ripped off?
View Quote
According to ATF/Brady Florida has no qualifying permits to honor.

That does seem to answer my question about however.  It does appear to show it must only come from an instate permit.
Link Posted: 8/15/2017 3:12:27 PM EDT
[#6]
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Quoted:

Where is that specified?
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The law.

922 (t)
(1) Beginning on the date that is 30 days after the Attorney General notifies licensees under section 103(d) of the Brady Handgun Violence Prevention Act that the national instant criminal background check system is established, a licensed importer, licensed manufacturer, or licensed dealer shall not transfer a firearm to any other person who is not licensed under this chapter, unless—

(A) before the completion of the transfer, the licensee contacts the national instant criminal background check system established under section 103 of that Act;

(3) Paragraph (1) shall not apply to a firearm transfer between a licensee and another person if—
(A)
(i) such other person has presented to the licensee a permit that—
(I) allows such other person to possess or acquire a firearm; and
(II) was issued not more than 5 years earlier by the State in which the transfer is to take place;
Link Posted: 8/15/2017 4:34:27 PM EDT
[#7]
Seems clear to me.   Thanks

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Quoted:


The law.

922 (t)
(1) Beginning on the date that is 30 days after the Attorney General notifies licensees under section 103(d) of the Brady Handgun Violence Prevention Act that the national instant criminal background check system is established, a licensed importer, licensed manufacturer, or licensed dealer shall not transfer a firearm to any other person who is not licensed under this chapter, unless—

(A) before the completion of the transfer, the licensee contacts the national instant criminal background check system established under section 103 of that Act;

(3) Paragraph (1) shall not apply to a firearm transfer between a licensee and another person if—
(A)
(i) such other person has presented to the licensee a permit that—
(I) allows such other person to possess or acquire a firearm; and
(II) was issued not more than 5 years earlier by the State in which the transfer is to take place;
View Quote
Link Posted: 8/15/2017 10:06:25 PM EDT
[#8]
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Quoted:
Where is that specified?....
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Quoted:
Quoted:
The CHL must be in-state.
Where is that specified?....
On the Form 4473 Instructions to Question 21.

No one bothers to read the damn instructions.
Link Posted: 8/15/2017 11:18:12 PM EDT
[#9]
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Quoted:

On the Form 4473 Instructions to Question 21.

No one bothers to read the damn instructions.
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Sorry I just don't see it under the explanation for question 21.   If you reference the Brady Permit Chart it shows AZ is valid.    We have several people posting here in AR they used non resident AZ permits to bypass the NICS check at some FFLs.    In those instructions AZ seems okay according to the Brady Chart.

However the rule copied above seems to make it clear that is had have to be issued in the state where the transfer takes place.
Link Posted: 8/16/2017 8:30:05 AM EDT
[#10]
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Quoted:
Sorry I just don't see it under the explanation for question 21.   If you reference the Brady Permit Chart it shows AZ is valid.    We have several people posting here in AR they used non resident AZ permits to bypass the NICS check at some FFLs.    In those instructions AZ seems okay according to the Brady Chart.

However the rule copied above seems to make it clear that is had have to be issued in the state where the transfer takes place.
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Quoted:
Quoted:

On the Form 4473 Instructions to Question 21.

No one bothers to read the damn instructions.
Sorry I just don't see it under the explanation for question 21.   If you reference the Brady Permit Chart it shows AZ is valid.    We have several people posting here in AR they used non resident AZ permits to bypass the NICS check at some FFLs.    In those instructions AZ seems okay according to the Brady Chart.

However the rule copied above seems to make it clear that is had have to be issued in the state where the transfer takes place.
Question 21. No NICS check was required because the transferee/buyer has a valid permit from the State where the transfer is to take place, which qualifies as an exception to NICS.

How on earth could you not understand that sentence?
1. What state is the transfer taking place?...........Arkansas.
2. Does the buyer have a valid permit from that State?.........means an Arkansas permit.


The Brady Chart shows what state issue firearm permits that can serve as an exemption IN THOSE STATES. WTF would you look at the Brady chart to see any other state but Arkansas?

Sounds like some Arkansas dealers are going to get crosswise with ATF at their next compliance inspection.
Link Posted: 8/16/2017 11:51:57 AM EDT
[#11]
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Quoted:

Question 21. No NICS check was required because the transferee/buyer has a valid permit from the State where the transfer is to take place, which qualifies as an exception to NICS.

How on earth could you not understand that sentence?
1. What state is the transfer taking place?...........Arkansas.
2. Does the buyer have a valid permit from that State?.........means an Arkansas permit.


The Brady Chart shows what state issue firearm permits that can serve as an exemption IN THOSE STATES. WTF would you look at the Brady chart to see any other state but Arkansas?

Sounds like some Arkansas dealers are going to get crosswise with ATF at their next compliance inspection.
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Oh duh!   I see that now.   I was reading the explanation of question 21 further back in the 4473.    That does seem to be pretty clear as well.    RTFQ!!!

And yes I couldn't believe some were responding they weren't getting NICS checks using an out of state permit.    But this is on the FFL not the buyer
Link Posted: 8/16/2017 2:59:45 PM EDT
[#12]
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Quoted:


Where is that specified?

This was being discussed in a Facebook group and one guy mentioned he has used his AZ non resident permit at 2 different FFLs and was not a problem.   According to the poster they simply used the AZ permit to avoid NICS.    This is in Arkansas.
View Quote
Read the 4473...clearly stated there!
Link Posted: 8/21/2017 11:57:11 PM EDT
[#13]
This is another case in which having an Out of state permit is stupid.  If you actually read Arkansas law, you have 30 days to apply for an Arkansas concealed carry permit if you hold an outside of state permit.  Which should render an out of state invalid if you have an Arkansas residence.   I really think it's ignorant to get an out of state permit in the first place.  Places pushing those rather than legal permit.  Arkansas costs $200, chap out of state are cheap.
Link Posted: 8/22/2017 12:22:04 AM EDT
[#14]
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Quoted:
This is another case in which having an Out of state permit is stupid.  If you actually read Arkansas law, you have 30 days to apply for an Arkansas concealed carry permit if you hold an outside of state permit.  Which should render an out of state invalid if you have an Arkansas residence.   I really think it's ignorant to get an out of state permit in the first place.  Places pushing those rather than legal permit.  Arkansas costs $200, chap out of state are cheap.
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The best reason to have a permit from the state where you live?

Gun Free School Zones Act
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