Why doesn't the TN HCP qualify as a background check exepmtion?

[dcloudy777]

Many states' carry permits allow the holder to be exempt from background checks when purchasing guns. I was under the impression that the TN HCP did not exempt gun purchasers from an NICS/TICS background check because the issuing authority (TN) did not do a background check on permit holders yearly. I looked up the relevant regulation [27 CFR 178.102(d)], and I found only this...

(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;

It certainly looks like the TN HCP should qualify... what am I missing?

DanO

[Guest uofmeet]

Good one, but I would guess it has something to do with section iii. but then again, I could be completely wrong.

[TNRobocop]

BATFE requires that the state do an annual criminal check on the HCP holder for that exemption to count, and with TBI making $10 a pop on each transaction, that ain't gonna happen

[dcloudy777]

BATFE requires that the state do an annual criminal check on the HCP holder for that exemption to count, and with TBI making $10 a pop on each transaction, that ain't gonna happen

I had always thought that as well, but I can't find any mention of it anywhere in UCA or CFR.

DanO

[Jonnin]

The real reason: its a tax to take money from you.

The other reason: you could have committed a felony or had a restraining order or the like against you recently and still somehow have your carry permit physically (even if revoked) on your person. By doing a background check, the store can see that you are in the clear currently. The HCP just shows that at one point in time in the past 4 years you were in the clear.

Its a good thing that they check it for current problems. But it should be 100% free. Its a hit on a database over the internet, the cost of that is like $0.15 tops, for the electricity and hard disk wear & tear and time spent typing in your name.

[East_TN_Patriot]

Each state is different; it would be great if TN would do away with the check for CCW holders. To show how screwed up state laws can be, when I was a cop in Florida, I found out that CCW holders were exempt from the background and waiting period (Florida still has one for handguns), but full-time sworn LEOs were not (unless they also had a permit). I went in to buy a new BUG and had to wait while another guy in there at the same time walked out with his that day. Really peeved me to say the least.

[dcloudy777]

I understand the rationale behind it, and I really don't have a problem with the state checking the backgrounds of permit holders annually, or even more often, provided it's done in a revenue-neutral manner.

UPDATE: I found the relevant part of TCA that requires a licensed dealer to go above and beyond BATFE requirements: TCA 39-17-1316 C3.

(3) The gun dealer shall request by means designated by the bureau that the Tennessee bureau of investigation conduct a criminal history record check on the purchaser and shall provide the following information to the bureau:

(A) The federal firearms license number of the gun dealer;

( The business name of the gun dealer;

© The place of transfer;

(D) The name of the person making the transfer;

(E) The make, model, caliber and manufacturer's number of the firearm being transferred;

(F) The name, gender, race, and date of birth of the purchaser;

(G) The social security number of the purchaser, if one has been assigned; and

(H) The type, issuer and identification number of the identification presented by the purchaser

So I guess I dug a little deeper and answered my own question. I think I have dispelled a very commonly-held misconception though: The fact that HCP holders in TN have to go though background checks has nothing to do with our permit vetting process, or any other part of federal law. According to the feds' rules, our HCP's would work in lieu of NICS/TICS checks. Tennessee's own law is the only thing costing HCP holders 10 bucks a pop to transfer guns.

DanO

[bubbadavis]

The state is not going to give up that revenue stream. I've bought long guns in KY and the FFL makes a simple phone call to NICS to complete the transfer and doesn't collect a fee for the background check. Its the same process that happens in TN, only here they call TICS and charge $10.

Follow the $$$.

[Fallguy]

BATFE requires that the state do an annual criminal check on the HCP holder for that exemption to count, and with TBI making $10 a pop on each transaction, that ain't gonna happen

That's basically my understanding.

So since a check on HCP holders is only done ever 4 years when they renew, it doesn't count.

Overall I guess it is money, of course I'm sure if they ran them annually the renewal would go up from $50. Depends on how much and how many transactions you do in a year/4 years time if worked out in you favor.

[Guest 270win]

When I lived in Arkansas, my Arkansas concealed handgun license exempted me from the NICS check when buying from an FFL in Arkansas.. Arkansas State Police runs background checks once a year on licensees. You don't pay for them. I'm sure it is some kind of in house computer deal. Mississippi does the same thing for their concealed handgun licenses so their people are exempt from NICS when buying from an FFL. I wish TN would do the same thing that Arkansas and MS do so I didn't have to pay an extra ten bucks when buying a gun.

[strickj]

I wouldn't have a problem with TICS for each gun purchase, but there should be absolutely no fee for HCPs, like with other states

[Guest friesepferd]

When I lived in Michigan, my carry permit meant that I didnt need to go get a purchase permit. That was awesome as the pruchase permit was a pain.

The background check they do here when you buy a handgun only takes 2 minutes, so is of no huge inconveniance to me. It still would be nice of course.

There are a lot of security related things I wish were more streamlined in general.

One can have a ton of permits and government clearances and still need to get a pat down every time they get onto and airplane.