The text of the letter sent to all Ohio FFL holders RE: Ohio CCW and NICS
U.S. Department of Justice
Bureau of Alcohol, Tobacco, Firearms and Explosives
Assistant Director
MAY 3 2004
Washington, DC 20226
OPEN LETTER TO ALL OHIO FEDERAL FIREARMS LICENSEES
OHIO CARRY CONCEALED HANDGUN LICENSE
NOT AN ALTERNATIVE TO NICS
The purpose of this letter is to advise you of your responsibilities under the Brady Law, 18
U.S.C. § 922(t), in relation to the new Ohio Carry Concealed License law, Ohio Revised Code
(O.R.C.) Section 2923.125.
The permanent provisions of the Brady Law took effect on November 30, 1998. The Brady Law generally requires Federally firearms licensees (FFLs) to initiate a National Instant Criminal Background Check System (NICS) check through the FBI before transferring a firearm to an unlicensed individual. However, the Brady Law contains a few exceptions to the NICS requirement, including an exception for holders of certain State permits to possess, carry or acquire firearms. The law and the implementing regulations provide that permits issued within the past 5 years may qua1if as alternatives to the NICS check if certain other requirements are satisfied, most importantly, the authority issuing the permit first must conduct a NICS background check and must deny a permit to anyone prohibited from possessing or receiving firearms under Federal, State, or local law.
On April 8, 2004, the Ohio Carry Concealed Handgun law went into effect. It is not an alternative to NICS because the provisions of the law would not deny a license to all persons prohibited from possessing or receiving firearms under Federal law. Therefore, you must contact NICS for a background check prior to transferring a firearm to persons who have been issued an Ohio license to carry concealed a handgun.
If you have any questions about this letter, please contact the ATF Director of Industry Operations in Columbus, Ohio at (614) 827-8400.
Lewis P. Raden
Assistant Director
(Enforcement Programs and Services)
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So there you go, straight from the horses mouth.
Dave