TICS/NICS with HCP

[Capbyrd]

Lately, I've been getting more and more into the legal side of things and really educating myself about why things are certain ways and how we can change them.  
 
One of the things that I have been looking into was background checks.  
 
 
According to the ATF, there are a number of states that a NICS check is not required if the purchaser is a permit holder.  I hesitate to use abbreviations here because so many different states have different types of permits.  Well, TN has one of the most stringent class requirements for obtaining a permit so why couldn't TN also save folks 10 bucks a pop.  I've been working with some people for a couple of months and couldn't figure this one out.  I assumed it was a money thing since the state handles the checks.  But its not exactly that easy.  
 
I finally found the answer on the TBI site today.  
 

 

I have a Tennessee Handgun Carry Permit.  Why do I also have to have a TICS/NICS check done to be able to purchase a firearm?                                                                                                   [background=#ffffff]Tennessee's Handgun Carry Permit does not meet the requirements of the federal Brady Bill because it lacks a requirement for an annual re-check of the permit holder's criminal history and it does not require a check through the National Instant Check System (NICS).  Therefore, purchasers holding a valid Tennessee Handgun Carry Permit still have to have a TICS/NICS check performed when purchasing a firearm.  The carry permit can be used as a primary source of identification for purchasing a firearm as long as it contains the purchaser's photograph, date of birth and current address.[/background]

 

 
 
I seriously doubt that we could ever get this changed unless we added a significant fee to the permit cost.  That was a bit disappointing.  
 
 
 
 
 
I also learned that a NICS check is not necessary for NFA purchases.  If an individual buys an NFA item, they can even have it mailed to them within their state.  Its pretty cool.  The 4473 still has to be filled out but no background check is required. Edited December 18, 2014 by Capbyrd

[ProfEngr]

 
I also learned that a NICS check is not necessary for NFA purchases.  If an individual buys an NFA item, they can even have it mailed to them within their state.  Its pretty cool.  The 4473 still has to be filled out but no background check is required.

 

Tell that to my local C3. He intends to charge me $10/visit to fill out the 4473 and hand me *MY* property. I'm going to remind him of this (box 22something) when next I see him; nicely.

[runco]

Can you say revenue stream.  TN does not want to loose one! 

[JohnC]

I'd rather they do the yearly check on the TN HCP because the background at the gun dealer is just a PITA and a hassle to me. So let them up the permit fee if I don't have to deal with that BS anymore! :up:

Plus, maybe it would cut down on those stupid denials people keep getting that always get overturned in a few hours or a day.

I wholeheartedly think they do that to try to deter people from buying a gun because folks with no felonies or domestic violence get denied all the time and then they overturn it on a faxed in appeal and there just isn't any reason for that to be happening.

[A.J. Holst]

2 words...revenue stream.

[macville]

Still don't understand why the NRA or GOA hasn't challenged the fact that paid permits and background checks are no different than a poll tax and are therefore unconstitutional since I have to pay to exercise my right to keep and bear arms.

[USMC8672]

Tennessee's permit system is easy. Having moved here from another state where depending on where you lived and could be months before getting your permit after taking the required class.

 

The only bad thing that I see here is the nics check and fee each time you want to purchase a weapon. Perhaps if we can convince the state to do a check each year, we wouldn't have to pay.

 

Just my two cents worth.

Jim

[Smith]

Lately, I've been getting more and more into the legal side of things and really educating myself about why things are certain ways and how we can change them.  
 
One of the things that I have been looking into was background checks.  
 
 
According to the ATF, there are a number of states that a NICS check is not required if the purchaser is a permit holder.  I hesitate to use abbreviations here because so many different states have different types of permits.  Well, TN has one of the most stringent class requirements for obtaining a permit so why couldn't TN also save folks 10 bucks a pop.  I've been working with some people for a couple of months and couldn't figure this one out.  I assumed it was a money thing since the state handles the checks.  But its not exactly that easy.  
 
I finally found the answer on the TBI site today.  
 

 
 

 
 
I seriously doubt that we could ever get this changed unless we added a significant fee to the permit cost.  That was a bit disappointing.  
 
 
 
 
 
I also learned that a NICS check is not necessary for NFA purchases.  If an individual buys an NFA item, they can even have it mailed to them within their state.  Its pretty cool.  The 4473 still has to be filled out but no background check is required.

 

"so why couldn't TN also save folks 10 bucks a pop."  

 

Haha! I couldn't get past that part. Government has never been about saving people money. The whole TN system is set up to make money. They found a way to charge $10 by bein g amiddle man in a free system from the NICS as it is. 

Edited December 19, 2014 by Smith

[dcloudy777]

I think TICS exemption for HCP holders would be an excellent target for this legislative session.

 

And for the "NICS is free!!!" crowd... just stop. NICS also sucks.  It goes down all the time, delays and mistaken denials are quite common.

 

TICS is worth every penny... it's light-years ahead of the feds' pitiful system.

Edited December 19, 2014 by dcloudy777

[300winmag]

I don't think you'll see the handgun carry permit provide an exemption for the background check because the state would lose some money.  Look at how the hunting licenses are going up 20% in price next year.  I do think there should be a yearly background check done and am surprised the state does not do that.  How often are the permits checked by the state?   Are background checks only done when renewed?

[Fallguy]

Don't quote me on this but I think the problem is TN only does a background check on you when you apply for a HCP or renew it every 4 years.  Those states where their permit/license can take the place of the NICS check do an annual background check.

 

I could be totally wrong, but thought I read/heard that somewhere once.

[Oh Shoot]

Don't quote me on this but I think the problem is TN only does a background check on you when you apply for a HCP or renew it every 4 years.  Those states where their permit/license can take the place of the NICS check do an annual background check.

 

I could be totally wrong, but thought I read/heard that somewhere once.

 

See TBI statement quoted in first post.

 

- OS

[JayC]

TICS goes down every time NICS goes down because they won't give a full approval until they get a clear NICS check.

 

TICS has a MUCH higher false positive rate, and a much higher cost per purchase than the federal NICS check.  

 

It's nothing but a make work department that does nothing to protect TN residents.

 

Finally, TICS violates the TN state constitution, because the constitution only gives the legislature the power to regulate the wearing of firearms, not the purchase or possession of said firearms.

 

I think TICS exemption for HCP holders would be an excellent target for this legislative session.

 

And for the "NICS is free!!!" crowd... just stop. NICS also sucks.  It goes down all the time, delays and mistaken denials are quite common.

 

TICS is worth every penny... it's light-years ahead of the feds' pitiful system.

 

[Fallguy]

See TBI statement quoted in first post.

 

- OS

Oops  :ugh:

[GhostRecon21]

I guess I'm in the minority here. Costs me $10 and 5mins of my time to fill out the 4473. By the time they've entered in the info for the transfer the approval comes back. I've never used a dealer where they didn't use the online system. It amazes me shops still use the call in method at all. I don't think I've ever had an approval that took more than 2-3mins to get back. Seems like a simple painless process in my eyes. What's annoying to me is the transfer fees some dealers charge for the 5mins of their time I'm taking up picking up my purchase.


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[Ron Padilla]

now I could be wrong, but I think that I read a while back where California of all places changed the procedure there. Where if you have bought a weapon recently they arent going to do a recheck everytime you go in for a new perchase.  coulld be wrong like I said but you would think that if you still have a current HCP you wouldnt need to go through it, thinking being that if you were a recently convicted individaul they would yank your permit.

[JohnC]

TICS goes down every time NICS goes down because they won't give a full approval until they get a clear NICS check.
 
TICS has a MUCH higher false positive rate, and a much higher cost per purchase than the federal NICS check.  
 
It's nothing but a make work department that does nothing to protect TN residents.
 
Finally, TICS violates the TN state constitution, because the constitution only gives the legislature the power to regulate the wearing of firearms, not the purchase or possession of said firearms.

Agree. :up: