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11/22/2017 10:05:29 PM
Posted: 9/4/2004 4:05:25 AM EST
Does the NICS check go away with the AWB? I thought they were both part of the 'Brady Bill'.
Link Posted: 9/4/2004 4:41:48 AM EST
No, The NICS check is not going away. The five day waiting period that was implemented in the original Brady legislation was replaced by the current instant check system.

If you have a NY Pistol Permit that is stamped "NICS Certified" or issued with a separate NICS certification you can bypass the NICS check for both handgun and long gun purchases.

From The ATF:

For Immediate Release FY 98-16
Contact: Art Resnick Date: October 29, 1998


Implementation of Permanent Provisions of the Brady Handgun Violence Prevention Act


WASHINGTON - Today, the Bureau of Alcohol, Tobacco and Firearms (ATF) announced an amendment of regulations to implement the provisions of Public Law 103-159, relating to the permanent provisions of the Brady Handgun Violence Prevention Act. These regulations implement the law by requiring, with some exceptions, a licensed importer, manufacturer, or dealer to contact the national instant criminal background check (NICS) before transferring any firearm to an unlicensed individual. NICS will advise the licensee whether the system contains any information that by law prohibits the prospective purchaser from possessing or receiving a firearm. The law requires that the permanent system be established not later than November 30, 1998.

On November 30, 1993, the Brady Handgun Violence Prevention Act was enacted, amending the Gun Control Act of 1968. The Brady Law imposed as an interim measure a waiting period of 5 days before a licensed importer, manufacturer, or dealer may sell, deliver, or transfer a handgun to an unlicensed individual. The waiting period applies only in states without an acceptable alternate system of conducting background checks on handgun purchasers. The interim provisions of the Brady law became effective on February 28, 1994, and cease to apply on November 30, 1998. While the interim provisions of the Brady law apply only to handguns, the permanent provisions of the Brady law apply to all firearms.

For further information refer to the October 29, 1998, issue of the Federal Register, contact ATF’s Public Information Division at (202) 927-8500, or visit ATF’s web site at www.atf.treas.gov. For additional information regarding the implementation of NICS, contact the NICS Program Office at (304) 625-2750.
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