Author Topic: A CONCEALED HANDGUN LICENSE DOESN'T ALWAYS GET YOU OUT OF A NICS CHECK (Read 1295 times)

watkibe · « **on:** March 04, 2012, 03:15:35 PM »

Here in WA, a CHL does not replace a NICS check. There is currently a bill in the state legistature to make it so, but it hasn't happened yet.
If you haven't screwed up since you got your CHL, you should be golden, but you still have to pay to let BATFE give your records a rectal exam.
Really, it beats the alternatives.

Sourdough · « **Reply #1 on:** March 04, 2012, 05:39:16 PM »

NIX exemptions went out about four or five years ago. I don't believe anyone is NIX exempt any more. Some stores refused to accept NIX exempt anyway. They ran a check on everyone.

Sourdough · « **Reply #2 on:** March 04, 2012, 05:50:34 PM »

I'm sorry, that is for Alaska, no more NIX exempt. Our State Troopers refused to make the checks, so no one in Alaska has NIX exemptions anymore. My wife's first permit had NIX Exempt on it, but Sportsman's Warehouse refused to accept it. She bought me a gun for Christmas one year, took them an hour to get the clearance. She was ticked, especially when she had NIX Exempt on her permit.

Ten Ring · « **Reply #3 on:** March 04, 2012, 06:37:05 PM »

Not allowed in Louisiana either.
Jim

GEMSTATE · « **Reply #4 on:** March 04, 2012, 06:48:08 PM »

Maybe it's time to ask your legislators why you need to pass both a state AND federal check to be legal. Only to be ignored by one or the other.

trotterlg · « **Reply #5 on:** March 04, 2012, 07:06:58 PM »

Here in WA it doesn't exempt the fed check, but it does allow you to walk out with a hand gun without the week wait without the permit. If the bill passes then some of the CCP permits will exempt you, depending on when they were issued I think. Larry

Darreld Walton · « **Reply #6 on:** March 05, 2012, 01:54:49 AM »

Sucks to be in states that require their own check on top of the federal. Bummer. I like Idaho, even though there isn't the reciprocity that some other states' permits allow. Personally, I obtained the CWL to carry concealed, especially back when I was commuting 330 miles a day, and then later, when I clerked in a pawn/gun shop. Been right handy at least a half dozen times. Bypassing the federal NICS is a bonus.
There are several things that folks should know about using the CWL to bypass. As I'm sure everyone knows, federal law allows persons to purchase long guns across state lines, as long as the purchase is legal in the purchaser's home state and the purchase is done face to face. Not so with handguns, they must go from the store, to an FFL in the purchaser's home state, where it still must pass legal muster.
Second, to use a CWL to bypass NICS, the purchase MUST be made in the state where the CWL was issued, long guns or handguns, no argument.
When the NICS is called in, the call does NOT go to BATFE, nor to the FBI! The call goes to a contractor that is contracted with by the FBI, who's records have great huge holes in reporting the records of felons to the data base.
If the purchase is made in a state where the call goes to a state agency, that agency calls the same federal contractor that all other FFL's call, and while that's happening, they're checking the state's records as well.
If you believe that if you use a CWL to bypass the NICS, and that's the end of it, you had better know that if that FFL where the purchase was made is subjected to a records check by BATFE, those 4473's that indicate a NICS bypass are flagged, and at some point, those names and identities ARE eventually checked.
If your name continually brings a postponement or denial, it's most likely that a felon or other "person of interest" with the same or SIMILAR name is tripping the denial. If you look on the 4473, you'll see a block where a person can use a "unique personal identifier". That alpha-numeric identifier is obtained by filling out a federal form, sending it in, and then the FBI issues that identifier that you must keep and remember for all subsequent purchases. When the FFL calls it in, they give that identifier to the contractor, and it goes straight to the detailed background check that t he FBI did before issuing it, and will give you a "go". Gotta know, though, that your personal information becomes a part of FBI's permanent record, and includes a lot more information that just not having a felony, or other disqualifier!
Hope that helps clear some things up, but it's been awhile, and maybe with THIS current regime, things have changed, especially in light of the DoJ now requiring southwestern states to report ALL purchases of semi auto firearms that hold more than five rounds......

Land_Owner · « **Reply #7 on:** March 05, 2012, 05:24:24 AM »

I have been proctologically checked and verified so often as permission to access Federal Facilities that I no longer have a semblance of a personal "anything". I am a series of endless 1's and 0's in a progression of computer based records, backed up by a plethora of hard copies, reverified on a minimum five year recurring basis (some annually, others tri-annually, all of them analy), and commenced all over again for each and every new installation that my job takes me to over a 25-year, and beyond, career.

I am no Spring Chicken to ever believe that our "Records Exclusion" laws prevent keeping track of CCL and CWL purchases, unless through individual to individual sales. Everybody's in the System. I don't care what they say. The System demands to be fed. You can bet the Farm that there are no exclusions. How many "gooberment" programs were instituted with the requirement to put themselves out of business? Exactly none come to mind. With the Obamanation in the Tainted House, you can count on even GREATER intrusions, contortions, and afrontery to the Constitution and Federal Law, the least of which is exemption to NICS checking.

stimpylu32 · « **Reply #8 on:** March 05, 2012, 05:39:41 AM »

I'm with you LO , so many places that I go require "Fatherland " ,ops Homeland Sec. checks that its just gotten to be an O-well thing for me , now if they would just let me carry at work , god knows that I have been screaned enough times to allow it .

stimpy

Land_Owner · « **Reply #9 on:** March 05, 2012, 05:50:31 AM »

stimpylu, me and you. We're NOT THE ENEMY, but Washington, DC and the Uber Left would make it so.

Rightfully, there are bases I visit wherein I AM GLAD they check every orifice, in particular the Nuke bases. And, our soldiers deserve to right to be careful, especially now that "their own" are frequently turning against them and they are not supposed to profile.

How in the heck did this Land of the Free and Home of the Brave get so screwed up?

mechanic · « **Reply #10 on:** March 05, 2012, 12:07:59 PM »

If I'm in Ga. all I have to do is plunk down my CCL and I'm out the door in 5 min.

Ben

Troyboy · « **Reply #11 on:** March 05, 2012, 01:03:46 PM »

VA you have to get the check even with a CCW. Va is an open carry state but you have to get a permit to carry concealed. Va you can only purchase one handgun a month unless you have a CCW.

Uncle Harry · « **Reply #12 on:** March 05, 2012, 06:07:32 PM »

Troyboy
Yer gubnor just signed the bill that rescinds that one gun a month thing. I live on the VA/TN border so it was all over the news.

keith44 · « **Reply #13 on:** March 05, 2012, 08:21:11 PM »

Quote from: Land_Owner on March 05, 2012, 05:24:24 AM

...[size=78%] With the Obamanation in the Tainted House, you can count on even GREATER intrusions, contortions, and afrontery to the Constitution and Federal Law, the least of which is exemption to NICS checking.[/size]

hope and change working for everyone

I'll be getting an FFL and a CCW before the year ends (assuming my name hasn't made some list somewhere) but for personal purchases I still expect an anal exam

jpshaw · « **Reply #14 on:** March 06, 2012, 01:53:04 AM »

Quote from: Troyboy on March 05, 2012, 01:03:46 PM

Va you can only purchase one handgun a month unless you have a CCW.

Can I misquote you on this and tell my wife you HAVE to purchase one handgun a month by state law?

chubcobear · « **Reply #15 on:** March 06, 2012, 02:20:36 AM »

Aye, and here in "The Natural State" your CCW Permit will get you out of the check up. Gets you out the door quickly. The exception, some retailers require that your DL and the CCW card addresses agree (Gander Mountain, for one) or they call you in anyway. State Police don't even require that the DL and CCW cards agree! But some retailers are dotting every "I", and etc As Land_Owner stated, we are on every data base ever created anyway. Onward and upward.

jackruff · « **Reply #16 on:** March 06, 2012, 06:29:16 AM »

Quote from: mechanic on March 05, 2012, 12:07:59 PM

If I'm in Ga. all I have to do is plunk down my CCL and I'm out the door in 5 min.

Ben

Same in Mississippi.

SHOOTALL · « **Reply #17 on:** March 06, 2012, 06:45:46 AM »

In Va. the run a check. I have had to wait over night before. I called to ask why and found out a guy in OK. used my ss number in a crime so I got flaged , After the call to the State Police it has been quicker , the officer I talked with must have made a note or took the flag off my ssn.

watkibe · « **Reply #18 on:** March 10, 2012, 04:43:05 PM »

The way I understand it, every state that wants to know who buys firearms in their state can make an arrangement with NICS, whereby the state does the exact same NICS check (National Instant Check System) that a BATFE federal employee does. This takes more time and adds a layer of bureaucratic complexity.

Darreld Walton · « **Reply #19 on:** March 11, 2012, 04:37:28 AM »

Not long after I became single again, I attended a dance in Pocatello, approximately 20 miles away, and must cross through the Shoshone-Bannock Indian Reservation to get there and back. Coming back home at about 12:30 in the morning, I pulled off the first off ramp to Blackfoot, which is still on the reservation, and was promptly pulled over by an Idaho State Trooper for a taillight that was out. When the officer came up to the window, I handed him what I thought was my driver's license, at the time, the DL and CWL were almost identical, and in the dim light of the dome light, I pulled the wrong one out. I heard the snap come off of the officer's duty weapon, and he stepped back, asking if I was armed. I realized the mistake, and instead of saying "NO", like the smart aleck I'm usually accused of being, I replied "doesn't that say that I CAN be"? Bad move.
BTW, at least in Idaho, IF you are a CWL holder, and are pulled over for a traffic stop, you MUST declare to the officer that you are a CWL holder, and whether or not you are armed. He already knows that you hold a license when he runs your plates, but has to ask for his own safety, and you'd BETTER reveal your status!

SHOOTALL · « **Reply #20 on:** March 12, 2012, 06:55:35 AM »

Quote from: watkibe on March 10, 2012, 04:43:05 PM

The way I understand it, every state that wants to know who buys firearms in their state can make an arrangement with NICS, whereby the state does the exact same NICS check (National Instant Check System) that a BATFE federal employee does. This takes more time and adds a layer of bureaucratic complexity.

In Va. the State Police have always preformed the check , even before the feds started.

Land_Owner · « **Reply #21 on:** March 13, 2012, 10:41:57 AM »

Quote from: Darreld Walton on March 11, 2012, 04:37:28 AM

I realized the mistake, and instead of saying "NO", like the smart aleck I'm usually accused of being, I replied "doesn't that say that I CAN be"? Bad move.

So, did you have to eat the trunk or the hood?