What non-resident CCW exempts you from the NICS check??

[musher]

So, in Alaska, we've been told that the FBI is too tired (bored, busy, apathetic?) to run a NICS background check on CCW applicants. As a result, our permits will no longer exempt us from the NICS check when purchasing firearms. Nevermind the fact that the FBI will likely have to do multiple NICS checks on most CCW holders during the life of their permit.

Anyway, I am wondering if there are any non-resident CCW permits I can obtain that will exempt me from the NICS check when purchasing a firearm.

 

[.cheese.]

really?

Here in Florida, they run a background check both when you apply for your CCW, and when you purchase firearms.

All you get around is the waiting periods that places like Broward and Miami-Dade County have. Still have to pay the $5 for the BG check and they still call it in.

Didn't realize some places let you skip the BG check if you have a CCW.

 

[musher]

dang, I was sorta hoping florida would be an answer.

 

[Impax]

Yep, here we fill out the paper work and show our CHL and walk out the door

 

[.cheese.]

Well, it might be - you have to check

I don't think this is going to be an issue of the CCW itself, but more the local policy for buying guns.

See if a Florida CCW would work - ask your LGS. Can't hurt.

 

[Robert Hairless]

Yup. Here's what the Alaska Department of Public Safety says:

The Federal Bureau of Investigation (FBI) has informed the Department of Public Safety that effective June 1, 2006, they will no longer complete National Instant Check System (NICS) checks subsequent to the processing of fingerprint cards for the purposes of obtaining an Alaska Concealed Handgun Permit (ACHP).

This means that Concealed Handgun Permits issued after June 1, 2006 will contain the notation "NOT NICS EXEMPT", and a permit holder will be required to undergo a NICS background check at the time of any firearm purchase.

Permits issued prior to June 1, 2006 and indicating "NICS EXEMPT" may still be used in lieu of the permit holder undergoing a NICS check at the time of a firearm purchase, for the life of the permit.

We have requested that the FBI reconsider this decision; should they do so, we will once again be able to issue "NICS EXEMPT" Alaska Concealed Handgun Permits.

The Department of Public Safety will not accept the submission of fingerprints for ACHP renewals after June 1, 2006. However, state law still requires a fingerprint based background check prior to the issuance of a new concealed handgun permit.

I think that you're trying to get out of a maze with no exit.

Federal law prohibits you from buying and taking delivery of a handgun outside the state in which you reside. So even if you have a non-resident permit in some state that exempts its resident permit holders from NICS checks you can't buy a handgun in that state using your non-resident permit to exempt you from the check. You can buy the handgun but it will have to be shipped to an FFL in your state, at which point your state's law applies as far as the NICS check is concerned. You are back to square one.

Now comes the good news and the bad news.

The good news is that you can buy a long gun, fill out the Form 4473, and personally receive it in a state contiguous to the one within which you reside. So feel free to go to any state that touches Alaska, buy the rifle or shotgun there, comply with its laws, and return home happily with your new gun.

The bad news .... Uh, I hate to say this but you probably know it already.

Look at the map.

I hope, and expect, that anyone with a better knowledge of either the law or geography will correct me so your story can have a happy ending. I'm pulling for you. Or mushing for you, if that's more appropriate.

 

[EOD Guy]

So, in Alaska, we've been told that the FBI is too tired (bored, busy, apathetic?) to run a NICS background check on CCW applicants. As a result, our permits will no longer exempt us from the NICS check when purchasing firearms. Nevermind the fact that the FBI will likely have to do multiple NICS checks on most CCW holders during the life of their permit.

Anyway, I am wondering if there are any non-resident CCW permits I can obtain that will exempt me from the NICS check when purchasing a firearm.

There are no nonresident permits that can be used to bypass the NICS. Only resident permits, in the purchaser's home state, can be used for that purpose.

Also, it wasn't that the FBI refused to run NICS checks. The reason was that the State of Alaska didn't run the checks.

The good news is that you can buy a long gun, fill out the Form 4473, and personally receive it in a state contiguous to the one within which you reside. So feel free to go to any state that touches Alaska, buy the rifle or shotgun there, comply with its laws, and return home happily with your new gun.

The contiguous state provision was repealed many years ago. Now you can purchase rifles or shotguns in any state as long as the laws of both the seller's and purchaser's states allow it.

 

[Robert Hairless]

The contiguous state provision was repealed many years ago. Now you can purchase rifles or shotguns in any state as long as the laws of both the seller's and purchaser's states allow it.

I believe that you're correct about the above, EOD Guy, and I thank you for that correction. In a sense you've stretched the map from Alaska to the rest of the country, which is a feat in itself. Good for you.

 

[zoom6zoom]

I can't find the reference at the moment, but there's something about a state CHP can only be NICS exempt if it's valid for four years or less.

 

[ChestyP]

It's FIVE years or less.

Here's the NICS-exempt list hot off the ATF's website...

http://www.atf.gov/firearms/bradylaw/permit_chart.htm

 

[musher]

EOD guy, where can I find a reference to the limitation that only resident permits in your own state can be used as nics-exemption cards?

Thanks.

Also, you may be right about who's fault it is that our cards in AK are no longer nics exempt, but according to the dept of public safety the situation is exactly as quoted by Mr Hairless above:

The Federal Bureau of Investigation (FBI) has informed the Department of Public Safety that effective June 1, 2006, they will no longer complete National Instant Check System (NICS) checks subsequent to the processing of fingerprint cards for the purposes of obtaining an Alaska Concealed Handgun Permit (ACHP).

 

[EOD Guy]

EOD guy, where can I find a reference to the limitation that only resident permits in your own state can be used as nics-exemption cards?

It appears that I may have made an error on that statement. The exceptions for the NICS check are in 27 CFR §478.102(d)(1):

TITLE 27--ALCOHOL, TOBACCO PRODUCTS, AND FIREARMS

CHAPTER II--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES,
DEPARTMENT OF JUSTICE

PART 478_COMMERCE IN FIREARMS AND AMMUNITION--Table of Contents

Subpart F_Conduct of Business

Sec. 478.102 Sales or deliveries of firearms on and after November
30, 1998.


(d) Exceptions to NICS check. The provisions of paragraph (a) of
this section shall not apply if--
(1) The transferee has presented to the licensee a valid permit or
license that--
(i) Allows the transferee to possess, acquire, or carry a firearm;
(ii) Was issued not more than 5 years earlier by the State in which
the transfer is to take place; and
(iii) The law of the State provides that such a permit or license is
to be issued only after an authorized government official has verified
that the information available to such official does not indicate that
possession of a firearm by the transferee would be in violation of
Federal, State, or local law: Provided, That on and after November 30,
1998, the information available to such official includes the NICS;

From reading the above part, it appears that the permit only has to be issued by the state in which the sale is taking place. So, unless there was a state law prohibiting it, a rifle or shotgun buyer could bypass the NICS with a nonresident permit issued by the state in which he is purchasing the firearm. You still can't purchase handguns and take possession outside of your home state.

I guess I relied on my memory instead of looking for myself. :banghead: Sorry for the confusion.

 

[DoubleTapDrew]

I asked if my CHL would exempt me the last time I purchased a gun and the saleman said not since Portland took over the background checks
I didn't realize you needed a CHL in Alaska to carry concealed. Open carry is still legal right? I'm going fishing up there this summer and I'd like to buy a bear gun for the trip (Ruger Alaskan ).

 

[davhina]

Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety. - Benjamin Franklin

Too bad that Ben guy, did not know sh*-* from shinola

 

[K40]

So I can purchase handguns in UT on my valid Utah CCW? I am a NV resident. That would be great..

 

[Gray Peterson]

I asked if my CHL would exempt me the last time I purchased a gun and the saleman said not since Portland took over the background checks

What are you talking about? Oregon at least for the last decade or so has been a "Point of Contact" State for background checks on gun purchasers. Oregonians don't even touch NICS at all. That all goes from the OSP, NOT Portland.

 

[Nasty Jack]

State Police in WA ran a background check and DENIED ME (pended, later approved) for a long gun despite a valid Oregon CCW.

Ya just never know what runs in they's heads.

 

[Shotgunner60]

The way I read the statutes is. The CCW must be given by the state, here in oregon weget them from the county therefore we still need a NICS check. R

 

[Valkman]

I had a non-resident NV permit for 3 years and never had a NICS check done. I believe 1/06 they did start doing checks on CCW holders but after a few months it was stopped.

 

[wdlsguy]

So I can purchase handguns in UT on my valid Utah CCW? I am a NV resident.

You can buy a handgun outside of NV, but the seller needs to send it to an FFL in NV, who will have you fill out a 4473.

 

[DoubleTapDrew]

The way I read the statutes is. The CCW must be given by the state, here in oregon weget them from the county therefore we still need a NICS check.

Ah I see. Seems stupid though since the requirements are the same throughout the state no matter which county issues it.

I asked if my CHL would exempt me the last time I purchased a gun and the saleman said not since Portland took over the background checks

What are you talking about? Oregon at least for the last decade or so has been a "Point of Contact" State for background checks on gun purchasers. Oregonians don't even touch NICS at all. That all goes from the OSP, NOT Portland.

So they just perform the background check through OSP? Not sure what the saleman was talking about then unless the OSP background check call center is in PDX or something.

 

[musher]

Sigh, so I guess I'm sol on bypassing the NICS for purchases in AK.

You've got me wondering though, EOD. I'm going to do a little digging and see if the real situation is that our dept of public safety is declining to run the NICs check. We could maybe get that fixed.