Does anyone know if having a Ohio CCW permit eliminates the federal instant check when a gun is purchased? I know that the 4473 form has a place on the back that states no check required if the purchaser has a valid CCW permit. But I also understand that Indiana still requires the NICS check even if you have a permit, so I'm wondering what Ohio's laws are?
On the Ohio CCW mailing list, someone emailed the ATF (in Cleveland, I think he said?) and was told Ohio's CCW is more lax than NICS. Can't speak as to whether there's any validity to that or not. Just reporting what they claimed the ATF told them.
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
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
(Enforcement Programs and Services)
So there you go, straight from the horses mouth.
Here's what I dont get. The ATF letter, which I got today also, says " 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". Uh, wait a second here....you get turned down for a license if you have a Minor Misdemeanor conviction for Possession of Marijuana, or any kind of assault (which is a VERY easy charge to catch). These are crimes that the fed law doesnt even blink at, you get approved. But they will keep you from getting a CCW permit here....and the feds think that this doesnt keep people who would be prohibited from getting a license? Isnt one of the requirements for our law that you have to not otherwise be prohibited from owning firearms?
I'm thinking that some anti-gun POS at one of the Ohio ATF offices has his stinky little hands in this.....