NICS check for CCW

[glove]

Hello Everyone
I will try this again. Now that CCW renewal goes through NICS what happens if you get a delay? As you know there are three results Proceed , Delay or Denial. Now when buying a pistol you get a proceed you take the pistol home now. You get a delay you wait 3 days to get your pistol. You get a denial you do not get your pistol. So at your renewal you get a delay do you come back in 3 days to pick up your permit?
Thanks

 

[oneounceload]

HUH? Is this an Ohio thing?

 

[glove]

Yes just started in March.

 

[oneounceload]

OK, got it...not the way in FL so I was befused and confuddled - (gets worse as I get older.... )

 

[jrmiddleton425]

Ask whoever processes permits what they are required to do. In NY it's a "delay" until you get a "proceed." They use NCIC here.

 

[Old Fuff]

This is sort of interesting because NICS is part of the FBI, and by law is restricted to doing no more then make background checks for FFL holders, and only then when they are "transferring" a firearm to an unlicensed individual or company. Dealers, and other FFL licensees have a secret identification code that they have to tell the NICS operator before a background check process can proceed.

I suspect the Ohio background check is being done by another agency, or that state's legislature has really fouled up.

Clearly Ohio cannot tell Uncle Sam to make background checks for them.

 

[Art Eatman]

Are you sure it's NICS and not NCIC? (National Crime Information Center.) A NICS search relies on NCIC. SFAIK, any law enforcement agency can access NCIC.

 

[F-111 John]

From Ohio Law 311.41 Criminal records check and incompetency check of applicant:

(A)

(1) Upon receipt of an application for a concealed handgun license under division (C) of section 2923.125 of the Revised Code, an application to renew a concealed handgun license under division (F) of that section, or an application for a concealed handgun license on a temporary emergency basis under section 2923.1213 of the Revised Code, the sheriff shall conduct a criminal records check and an incompetency check of the applicant to determine whether the applicant fails to meet the criteria described in division (D)(1) of section 2923.125 of the Revised Code. As part of any such criminal records check, the sheriff shall contact the national instant criminal background check system to verify that the applicant is eligible lawfully to receive or possess a firearm in the United States. The sheriff shall conduct the criminal records check and the incompetency records check required by this division through use of an electronic fingerprint reading device or, if the sheriff does not possess and does not have ready access to the use of an electronic fingerprint reading device, by requesting the bureau of criminal identification and investigation to conduct the checks as described in this division.

Is that not the NICS?

 

[Snyper]

Is that not the NICS?

Yes, that is "NICS" but it doesn't change the fact that NICS is set up for FFL dealers only

It seems the state doesn't understand federal law very well

States can use it, but it's pointless since the FBI will simply check the same databases the state can access

https://www.fbi.gov/about-us/cjis/nics

Official site of NICS, used by Federal Firearms Licensees (FFLs) to instantly determine whether a prospective buyer is eligible to buy firearms or explosives

 

[huntsman]

Ohio used to use our BCI for BG checks, this new law was sold to the sheeple gun owner as progress. Don't need to do NICS when buying a gun from the FFL (discretionary) and greater reciprocity.

In the end we all get the Government we deserve.

 

[bearcreek]

Yes, that is "NICS" but it doesn't change the fact that NICS is set up for FFL dealers only

It seems the state doesn't understand federal law very well

States can use it, but it's pointless since the FBI will simply check the same databases the state can access

https://www.fbi.gov/about-us/cjis/nics

Where does it say it's for FFL dealers only?

 

[Jeff H]

Yes, that is "NICS" but it doesn't change the fact that NICS is set up for FFL dealers only

It seems the state doesn't understand federal law very well

States can use it, but it's pointless since the FBI will simply check the same databases the state can access

https://www.fbi.gov/about-us/cjis/nics

Maybe/maybe not but we did gain reciprocity in a couple more states because of the law change so it is all good as far as I can tell.

 

[bearcreek]

Yes, that is "NICS" but it doesn't change the fact that NICS is set up for FFL dealers only

I'm serious. Where does it say that NICS is for FFL dealers only? All I found was a statement that it was used by FFL dealers, not that it was exclusive to them. Am I missing something?

 

[REB]

Alabama has the same wording.

Prior to issuance or renewal of a permit, the sheriff shall contact available local, state, and federal criminal history data banks, including the National Instant Criminal Background Check System, to determine whether possession of a firearm by an applicant would be a violation of state or federal law.