NICS question

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  • dlbrown75

    Sharpshooter
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    9   1   1
    May 2, 2011
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    Newcastle, IN
    As I was studying the NICS fact sheet, This caught my eye: Persons holding a firearms permit which qualify as an alternative,per the ATF, under the permanent provision of the brady act are not required to undergo a NICS check.

    So that lead me to this chart:
    ATF Online - Firearms - Brady Law / NICS - Permit Chart

    As you can see Indiana permits do not qualify but Utah's does. If I get the Utah permit then can I fore go any further NICS checks?
     

    shooter521

    Certified Glock Nut
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    17   0   0
    May 13, 2008
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    Indianapolis, IN US
    Why do some permits qualify for the exemption and some don't?

    Indiana's LTCH used to qualify for a NICS exemption, but several years ago (~2002, IIRC) the State Police stopped doing a federal-level background check in the course of issuing the license (ostensibly for budgetary reasons), and went to a state-level check only. When that happened, the LTCH no longer qualified for the exemption and FFLs started having to do NICS checks on LTCH holders as well.

    If I get the Utah permit then can I fore go any further NICS checks?

    My read would be "no" because the Utah permit wouldn't be valid in Indiana, for an Indiana resident.
     
    Last edited:

    LarryC

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    Jun 18, 2012
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    Frankfort
    Indiana's LTCH used to qualify for a NICS exemption, but several years ago (~2002, IIRC) the State Police stopped doing a federal-level background check in the course of issuing the license (ostensibly for budgetary reasons), and went to a state-level check only. When that happened, the LTCH no longer qualified for the exemption and FFLs started having to do NICS checks on LTCH holders as well.

    What is really odd to me is that my FFL-03 doesn't qualify me like the Utah Carry license, as far as background check. It is pretty obvious I have passed the Fed check. Mine only applies to Curio and Relic firearms and has zero bearing on modern firearms but I can ship or transfer C&R intrastate or have shipped to me!
     

    JettaKnight

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    6   0   0
    Oct 13, 2010
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    Fort Wayne
    My read would be "no" because the Utah permit wouldn't be valid in Indiana, for an Indiana resident.

    It's not valid in IN to carry a handgun by IN law, but for a NICS bypass, it may be legit because they're looking at it on Fed level. But would a dealer accept it?

    What is really odd to me is that my FFL-03 doesn't qualify me like the Utah Carry license, as far as background check. It is pretty obvious I have passed the Fed check. Mine only applies to Curio and Relic firearms and has zero bearing on modern firearms but I can ship or transfer C&R intrastate or have shipped to me!
    Then EVERYONE would get a FFL03!
     

    JettaKnight

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    6   0   0
    Oct 13, 2010
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    a FFL dealer would not sale a gun to you without doing the NICS check.

    I hate to pick on the new guy*, but do you know this to be the case in ALL states?





    * with three+ silver stars earned in one day?? I think the rep system is broken.
     

    remauto1187

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    Aug 25, 2012
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    Stepping Stone
    Just because a FFL can...does NOT mean they will. Alot of them dont even know the rules/laws or are over the top careful. Wrong or right....its the real world facts.
    You would be suprised how many FFL's in the U.S. are not even aware that a legal gun owner can ship a firearm to a FFL anywhere in the U.S. for transfer to an individual. Proof is all over gunbroker where a FFL will state that they will not accept a firearm from a non-FFL in an auction.
     

    Manatee

    Shooter
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    Jul 18, 2011
    2,359
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    Indiana
    Just because a FFL can...does NOT mean they will. Alot of them dont even know the rules/laws or are over the top careful. Wrong or right....its the real world facts.
    You would be suprised how many FFL's in the U.S. are not even aware that a legal gun owner can ship a firearm to a FFL anywhere in the U.S. for transfer to an individual. Proof is all over gunbroker where a FFL will state that they will not accept a firearm from a non-FFL in an auction.

    97% of all generalizations are untruthful.
     
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