Exempt from NICS

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  • Papabeargsh

    Plinker
    Rating - 0%
    0   0   0
    Feb 17, 2013
    122
    18
    Anderson
    Indiana used to exempt and now they are not. I have read the letter the ATF sent to FFL dealers the ATF has on thier web page here is a portion of the letter (Recently, the ISP informed ATF that although they will continue to conduct NICS checks on all applicants for licenses to carry handguns, effective October 1, 2003, the ISP only will apply State law in determining if a license should be denied. Accordingly, licenses may be issued to persons prohibited from possessing firearms under Federal law. Therefore, effective October 1, 2003, Indiana licenses to carry handguns will no longer qualify as alternatives to the NICS background check required under the Brady Law. This means that starting October 1, 2003, an FFL must contact the FBI to conduct a NICS check on all purchasers, including those possessing an Indiana license to carry a handgun.). What does Indiana not recognize the ATF does?
     

    Papabeargsh

    Plinker
    Rating - 0%
    0   0   0
    Feb 17, 2013
    122
    18
    Anderson
    Some states handgun permits make them exempt from having a NICS background check when purchasing a firearm. Why is Indiana's no longer accepted?
     

    Double T

    Grandmaster
    Rating - 100%
    15   0   1
    Aug 5, 2011
    5,955
    84
    Huntington
    I believe you are mistaken. All firearms purchases have to have a NICS check done at an FFL. I think federal law changed to get rid of the CCW/LTCH exemptions from the states due to the fact that I could present a license that I should no longer have to acquire a firearm I shouldn't have (hypothetically of course).
     

    Papabeargsh

    Plinker
    Rating - 0%
    0   0   0
    Feb 17, 2013
    122
    18
    Anderson
    As it states in my post I have read the letter. The letter states that Indiana will go by state law rather than federal law as to who they can issue permits to. What I'm asking is where do the two set of standards for issuance of a permit differ between state and federal? Is it just simply that the state says they are going by there own laws and not the the federal, or is there a real difference between what Indiana considers a law abiding citizen and what the Feds think one to be.
     

    Double T

    Grandmaster
    Rating - 100%
    15   0   1
    Aug 5, 2011
    5,955
    84
    Huntington
    Indiana is a shall issue state (regarding LTCH issuance). NICS checks are a completely unrelated entity. Not sure of what the question is?
     

    sb0

    Sharpshooter
    Rating - 100%
    34   0   0
    Aug 1, 2013
    458
    28
    Indy
    I believe you are mistaken. All firearms purchases have to have a NICS check done at an FFL. I think federal law changed to get rid of the CCW/LTCH exemptions from the states due to the fact that I could present a license that I should no longer have to acquire a firearm I shouldn't have (hypothetically of course).

    I don't think so. I know for a fact that North Carolina allows you to purchase a handgun with just an NC pistol purchase permit.

    I think that's what this means. Looks like it doesn't apply to Indiana though.

    *denotes states that have an ATF-qualified alternate permit

    FBI ? NICS Point of Contact States & Territories
     

    JetGirl

    Grandmaster
    Rating - 100%
    5   0   0
    May 7, 2008
    18,774
    83
    N/E Corner
    What I'm asking is where do the two set of standards for issuance of a permit differ between state and federal? Is it just simply that the state says they are going by there own laws and not the the federal, or is there a real difference between what Indiana considers a law abiding citizen and what the Feds think one to be.
    As told to me, back in the day when an LTCH was a free pass, the Feds were turning up felons that possessed LTCH and were easily buying guns.
    They decided they needed to conduct the searches on a time by time basis to thwart that.
     

    inccwchris

    Sharpshooter
    Rating - 100%
    2   0   0
    Dec 11, 2011
    376
    18
    Southside of Indiana
    Because it is federal law to run a person buying a firearm through a NICS system background check. Indiana State Police used to use the NICS system as a background check method. Now they run it through NCIC which is a different database entirely. The feds want the NICS check done but because it was done prior to the issuance of the LTCH before, that was fine for the exemption because a NICS check was preformed. Now that we no longer use NICS as the background checker for the LTCH, there is no longer an exemption and dealers have to run you every time
     

    Papabeargsh

    Plinker
    Rating - 0%
    0   0   0
    Feb 17, 2013
    122
    18
    Anderson
    Because it is federal law to run a person buying a firearm through a NICS system background check. Indiana State Police used to use the NICS system as a background check method. Now they run it through NCIC which is a different database entirely. The feds want the NICS check done but because it was done prior to the issuance of the LTCH before, that was fine for the exemption because a NICS check was preformed. Now that we no longer use NICS as the background checker for the LTCH, there is no longer an exemption and dealers have to run you every time

    Thank You
     
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