Wisconsin Will Only Honor A VA Non Resident?

[Gary Slider]

Wisconsin has done what I thought would never happen. They will honor a states Non Resident permit/license but not their Resident permit/license. You can go to the WI DOJ Page at the link below and see it for yourself.
http://www.doj.state.wi.us/dles/cib/ConcealedCarry/reciprocity.asp

This happened because of the way WI law reads on who they will honor based on what type of a back ground check the state runs on it applicants. I was told that FL runs its background checks through the FBI and not the NICS program so WI will not honor FL. Will just have to wait and see if there are any more twists in WI and who they will honor.

 

[NavyLCDR]

I was told that FL runs its background checks through the FBI and not the NICS program so WI will not honor FL.

Gary,

I don't understand your Florida comment. NICS is the FBI. NICS can only be used by FFLs for firearms purchases and has nothing to do with Concealed Carry Permits. No state or local government can use NICS for Concealed Carry permits.

28 CFR 25:
http://ecfr.gpoaccess.gov/cgi/t/tex...8&view=text&node=28:1.0.1.1.26.1.4.11&idno=28

§ 25.3 System information.
(a) There is established at the FBI a National Instant Criminal Background Check System.

(b) The system will be based at the Federal Bureau of Investigation, 1000 Custer Hollow Road, Clarksburg, West Virginia 26306–0147.

(c) The system manager and address are: Director, Federal Bureau of Investigation, J. Edgar Hoover F.B.I. Building, 935 Pennsylvania Avenue, NW, Washington, D.C. 20535.

§ 25.6 Accessing records in the system.
(a) FFLs may initiate a NICS background check only in connection with a proposed firearm transfer as required by the Brady Act. FFLs are strictly prohibited from initiating a NICS background check for any other purpose. The process of accessing the NICS for the purpose of conducting a NICS background check is initiated by an FFL's contacting the FBI NICS Operations Center (by telephone or electronic dial-up access) or a POC. FFLs in each state will be advised by the ATF whether they are required to initiate NICS background checks with the NICS Operations Center or a POC and how they are to do so.

§ 25.11 Prohibited activities and penalties.
(a) State or local agencies, FFLs, or individuals violating this subpart A shall be subject to a fine not to exceed $10,000 and subject to cancellation of NICS inquiry privileges.

(b) Misuse or unauthorized access includes, but is not limited to, the following:

(1) State or local agencies', FFLs', or individuals' purposefully furnishing incorrect information to the system to obtain a “Proceed” response, thereby allowing a firearm transfer;

(2) State or local agencies', FFLs', or individuals' purposefully using the system to perform a check for unauthorized purposes; and

(3) Any unauthorized person's accessing the NICS.

 

[jak67429]

Go back to the fist page and read the update. Alot changed after the legislature made some changes to the "emergency rules" the DOJ put in place. Also they are still updating the list of out of state CCW's they will honor.

 

[Gary Slider]

I am just going on what FL told me. They stated that FL uses the FBI and WI requires a NICS. Maybe the person was in error. I don't know. I am just reporting what I was told. The only thing I know for sure is what WI is reporting on whose permit/license they will honor. This is the only criteria that another state must meet to be honored by WI. They state right on their website This:

HOME APPLICATION RECIPROCITY CURRICULUM
Concealed Carry - Reciprocity

Out-of-state Licenses Recognized in Wisconsin
Under s. 165.25(12m), Wis. Stats., DOJ is required to establish a list of states that issue a license to carry a concealed weapon, if that license requires, or designates that the holder chose to submit to, a background search that is comparable to the type of background check that DOJ is required to conduct for Wisconsin licensees. The Wisconsin background check includes two components: (1) a criminal history record search; and (2) a search of the national instant criminal background check system (NICS) operated by the Federal Bureau of Investigation. Any person who is at least 21 years of age, who is not a Wisconsin resident,* and who holds a valid concealed carry license issued by any of the states on DOJ’s list will be recognized in Wisconsin as an out-of-state licensee, per s. 175.60 (1)(g).

 

[NavyLCDR]

Well, I stand corrected in part. Looks like state governemnts can use NICS for background checks, if they are going to use their concealed carry permits to exempt persons from NICS checks for firearms purchases:

27 CFR 478.102
(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;

Weird, though. Washington law requires a NICS check for CPLs too (didn't know that until just now), but that sure appears to be in violation of 28 CFR 25 because Washinton has no exception to NICS checks for CPL holders for purchases. Not the first time a Federal system established for one distinct purpose has been abused and morphed into something completely different, look at Social Security Numbers.

 

[Gary Slider]

I don't know what background checks VA runs on its applicants. But since WI states they will honor the Non Resident but not the resident there must be different checks run on those applicants. They must run an extra check on non residents. It could be WI is in error or there is a misunderstanding. But I have contacted the VCDL and I figure they will get right on it and find out for sure what is up. They have the contacts in the VA Government who can get them an answer from WI and why.

 

[Gary Slider]

When I first saw this I contacted the VCDL. Got some emails back from them and they were confused by this also. They have contacts who work with them in the State Government that can get them answers. They will get the correct answer on why but it could take a few days or longer.

 

[bikemutt]

NavyLCDR, as I understood it, the requirement that CPLs issued after the law was put into effect must include a NICS check, was to prevent the inadvertent issuance of a CPL to someone who, while not prohibited by State law, was prohibited by Federal law.

 

[MAKster]

In Virginia, gun purchase background checks are called in to the Virginia State Police, not directly to NICS. But I believe the Virginia State Police is using the same federal database the FBI uses to determine who is approved. Virginia just wants to have control over the process so that they can also check info that only Virginia has records of such as mental health evaluations.

 

[wlewisiii]

Wisconsin runs it's own background check for handguns. It goes through the state DOJ at $13 a pop and it does not go through NICS. I have a NICS UID number because I get delays otherwise on my long gun purchases. It has no impact on the WI handgun check.

The CC permit does not exempt you either - Republicans like that $100,000/month in tax revenue.

 

[Monkeyleg]

A few weeks ago I spoke with a woman at the WI DOJ. She said that FL had been slow to respond with their paperwork for reciprocity. She said that, because Florida uses the more stringent FBI check, there should be no problem with reciprocity with FL. It will just take time.

That said, if there isn't reciprocity, I'm going to light up some legislators' phone lines.

 

[Craig_AR]

Virginia Check System

The latest edition of the VCDL Alert cites Virginia Pilot and Roanoke Times editorials about the Virginia state check system, and how it is not NICS.
http://blog.vcdl.org/index.php?/archives/1240-VA-ALERT-VCDL-Update-12611-Part-1.html#extended

Scroll down to #11 and #12

From hamptonroads.com: http://tinyurl.com/87zkn3h

Virginia background checks for gun sales challenged
By Julian Walker
The Virginian-Pilot
November 21, 2011

RICHMOND - Virginia's criminal background check system for firearm purchases, the first of its kind in the nation, is being targeted for elimination.

Gun-rights advocates have lobbied Gov. Bob McDonnell to scrap the program, arguing that it is redundant because a federal background check system can replace it.

From The Roanoke Times: http://tinyurl.com/6qdmkpx


Editorial: Gunning for Va.'s gun checks
Gun rights advocates see opportunity in the GOP takeover in Richmond.
November 25, 2011

... from that editorial:

"If Virginia Republicans do the bidding of gun rights advocates and eliminate the state's criminal background check on firearms purchasers, they will seriously weaken its defenses against firearms sales to people barred by law from buying them.

Virginia's restrictions are tougher than the federal check that would become the only mechanism for weeding out illegal buyers. Those convicted of serious crimes as juveniles could purchase weapons undetected because the state does not share juvenile records with the National Instant Criminal Background Check System.

State police also can respond faster and investigate attempts at illegal purchases more aggressively than federal agents.

The Virginia State Police Firearms Transaction Center in Richmond, which conducts all background checks on purchases made through licensed gun dealers in the commonwealth, can dispatch a trooper immediately to the location when someone tries to buy a firearm and is denied. The trooper might arrive before the would-be purchaser even leaves the scene.

The state center runs buyers' names through Virginia's database and forwards them to NICS - wasteful duplication, in gun advocates' eyes."

Craig