Is three day wait for handgun universal?

roscoe said:
If you have a CCW in AZ, there is no background search, even. 10 minutes, tops, and you are out the door with your new toy.
Click to expand...
I'm going to guess that this only applies if you have an Arizona carry license, and that Arizona is one of those states that deems a current carry license to satisfy the requirement for a background check.

Can an Arizona resident who does not have a carry license walk in, buy a handgun, and walk out in 10 minutes without a background check?
 
Aguila Blanca
Quote:
Originally Posted by roscoe
If you have a CCW in AZ, there is no background search, even. 10 minutes, tops, and you are out the door with your new toy.
Click to expand...
I'm going to guess that this only applies if you have an Arizona carry license, and that Arizona is one of those states that deems a current carry license to satisfy the requirement for a background check.
Click to expand...
Arizona doesn't decide whether their permits qualify as an exemption, ATF does. Not all states have a firearm permit that meets the requirements to serve as an exemption.

Can an Arizona resident who does not have a carry license walk in, buy a handgun, and walk out in 10 minutes without a background check?
Click to expand...
Of course not. Federal law has required dealers to conduct a background check since 1998.
 
From what I was told and have read, the ATF will give the ok waiving the NICS check IF the issuing agency for CCW permits is law enforcement.
 
dogtown tom said:
Arizona doesn't decide whether their permits qualify as an exemption, ATF does. Not all states have a firearm permit that meets the requirements to serve as an exemption.
Click to expand...
I know that, but the point was that in some states all you have to do is show your permit. I don't know if Arizona is one of those states, but it appears that they are.

dogtown tom said:
Aguila Blanca said:
Can an Arizona resident who does not have a carry license walk in, buy a handgun, and walk out in 10 minutes without a background check?
Click to expand...
Of course not. Federal law has required dealers to conduct a background check since 1998.
Click to expand...
That was a rhetorical question, directed at roscoe, for the purpose of emphasizing the fact that not just anyone can walk into a gun shop and walk out ten minutes later, with a handgun and not having to go through a NICS phone call.
 
I see several people commenting that having a CCW exempts you from a background check in a lot of places.

That's not actually true. In those states where you can skip a background check, it is because the state is running monthly background checks on you to determine if they need to revoke your CCW.

So, you don't skip background checks, there was already one run on you in the last 30 days.
 
ghbucky said:
I see several people commenting that having a CCW exempts you from a background check in a lot of places.

That's not actually true. In those states where you can skip a background check, it is because the state is running monthly background checks on you to determine if they need to revoke your CCW.

So, you don't skip background checks, there was already one run on you in the last 30 days.
Click to expand...
Source of information?
Specific states or all?
 
ghbucky I see several people commenting that having a CCW exempts you from a background check in a lot of places.

That's not actually true. In those states where you can skip a background check, it is because the state is running monthly background checks on you to determine if they need to revoke your CCW.

So, you don't skip background checks, there was already one run on you in the last 30 days.
Click to expand...
No, it actually IS TRUE.
First, the "background check" that everyone in this thread is referring to is the NICS check. Having a qualifying permit exempts you from a background check at the point of sale.
Second, read the Form 4473, top of page 3, Que 29 "No NICS check is required because the transferee/buyer has a valid permit from the State where the transfer is to take place, which qualifies as an exemption to NICS.

Whether the state is running monthly checks is immaterial for the purposes of buying a gun. In fact, a buyer could have had his qualifying permit revoked and if he doesn't tell the dealer he'll still get the gun. The dealer doesn't violate any law, but the buyer does.
 
This thread is the first time I've every heard of state permits that allow the FEDERAL instant check to be waived. I had no idea such a thing even existed.

In my state, a CHL allowed you to bypass the state waiting period. The Fed NICS check was still always done. Now, thanks to a voter initiative passed law that small "perk" has been taken from us. Everybody, CHL licensed or not has to wait the same amount of time for a handgun. Longer if you're wanting to buy a semiautomatic assault rifle....:mad:
 
44 AMP This thread is the first time I've every heard of state permits that allow the FEDERAL instant check to be waived.
Click to expand...
ghbucky Again, there is nothing that 'waives' background checks.
Click to expand...
Again, not true. Whether you call it an exemption or a waiver, the FBI NICS background check is not conducted by the dealer when the buyer/transferee holds a qualifying permit.

Whether a background check was conducted previously by a state agency is immaterial to what happens at a gun store counter.
 
So, you don't skip background checks, there was already one run on you in the last 30 days.
Click to expand...

That 30 days is not universally true. From the ATF link you provided (emphasis mine):

Note: Notwithstanding the dates set forth below, permits qualify as alternatives to the background check requirements of the Brady law for no more than 5 years from the date of issuance. The permit must be valid under state law in order to qualify as a Brady alternative.
Click to expand...

My state (NC) requires a Concealed Handgun Permit renewal every five years. At that time we sign paperwork giving authorization to run a background check and access mental health records.
 
So, you don't skip background checks, there was already one run on you in the last 30 days.
That 30 days is not universally true. From the ATF link you provided (emphasis mine):
Click to expand...

You are correct. I fell into the 'that's how we do it, so it must be universal' gap. KY does run background checks on CCDW holders monthly, but we are apparently an exception, not a rule.
 
You'stacould walk out with a handgun in Indiana just by showing your CCW card, no check. That changed years ago. I've walked out with a handgun and the longest part of the deal was the time it took me to fill out the 4473.
 
You are correct. I fell into the 'that's how we do it, so it must be universal' gap. KY does run background checks on CCDW holders monthly, but we are apparently an exception, not a rule.
Click to expand...
Yeah, unfortunately gun laws are a real patchwork, varying from state to state and even at the federal level.

On one hand I feel that's a good thing. One is free to leave a state that they feel is oppressive and move to another that more suits them. That is one reason I abhor federal regulation for all but the absolute most necessary things.

With federal regulation, we no longer have any avenue of escape and most other countries are worse off than we are regarding freedoms (plus moving to another country raises non-trivial citizenship and immigration issues)

But on the other hand folks get very confused with varying state laws and regulations and often feel the laws they are used to in their home state are universal in others. Out of state visitors are often shocked at open carry in my state for example. Vehicle laws are another good example of this. A lot of folks get tickets and fines when out of state for things that would be legal for them at home.

That said, I think the freedom of varying state laws is better. The alternative is almost always an adoption of the more strict laws universally.
 
You must log in or register to reply here.
Back
Top