Alabama Permit Holders No Longer Subject to NICS Check

[Hydor]

Good new for AL permit holders:

"This week, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) published an open letter to Alabama Federal Firearm Licensees (FFLs) notifying them that, effective immediately, they may accept a valid Alabama concealed carry permit issued on or after August 1, 2013 in lieu of conducting a background check through the National Instant Criminal Background Check System (NICS)."

https://www.nraila.org/articles/20160226/alabama-nics-exemption-status-now-recognized-for-alabama-permit-holders

Given the State of Tennessee's permit background check requirement it would seem that TN permit holders should be afforded the same "privilege".

[Worriedman]

No, that would result in a decrease in State revenue, and as such verboten...

The State exist, after all, to take your cash.

[Oh Shoot]

...

Given the State of Tennessee's permit background check requirement it would seem that TN permit holders should be afforded the same "privilege".

 

1. ATF has to certify that the state's permit system satisfies the Brady Bill requirements regarding NICS check -- which the HCP does as far as I know.

2. The STATE has to officially adopt/enact that procedure.

 

TN has not done #2.

 

- OS

Edited February 27, 2016 by Oh Shoot

[DaveTN]

1. ATF has to certify that the state's permit system satisfies the Brady Bill requirements regarding NICS check -- which the HCP does as far as I know.
2. The STATE has to officially adopt/enact that procedure.
 
TN has not done #2.
 
- OS

Don't they say there is a problem with our mentally ill reporting?

[Oh Shoot]

Don't they say there is a problem with our mentally ill reporting?

 

To my knowledge, that has been criticism from some other state(s), but not the feds. You could be right, but I myself have never seen anything saying that. Was part of VA governor's "reasons" in the recent reciprocity flap, btw.

 

It didn't seem to be an issue when the legislature discussed the proposed legislation using HCP in lieu of background check about 4 years ago, the only issues came down to the fiscal nature in committee. They went so far to even "estimate" (somehow) the average number of guns bought per year by permit holders, which of course was just seemingly a WAG, unless of course TICS ain't destroying personal info on gun sales as required by law.

 

- OS

Edited February 27, 2016 by Oh Shoot

[TripleDigitRide]

This would make too much sense.

[TripleDigitRide]

Also, does this mean Alabama permit holders can have firearms sent directly to their homes, or are they still required to do a transfer through an FFL?

[Oh Shoot]

Also, does this mean Alabama permit holders can have firearms sent directly to their homes, or are they still required to do a transfer through an FFL?

 

Still requires transfer through FFL via 4473. In all states. Still federal law.

 

Look on the 4473, there's just a section where permit info is entered in lieu of NICS check.

 

- OS

[300winmag]

I thought that the issue Tennessee had was that yearly background checks are not required on the handgun carry permits.  The background checks were only done at the time of a new permit and renewals.

 

Still, it is funny that people in a state where you basically buy a pistol license at the sheriff's department can bypass NICS, but our permit is somewhat expensive to get and it doesn't give us near the benefits. 

[Oh Shoot]

I thought that the issue Tennessee had was that yearly background checks are not required on the handgun carry permits.  The background checks were only done at the time of a new permit and renewals.

 

Brady Bill provision in federal law interpretation by ATF only requires NICS checks for permit every 5 years for using it in lieu of background check for firearm purchase.
 
That and fact that permit must of course be valid at the time; I think FFLs still have to at least check with state that permit is indeed valid at time of firearm purchase and hasn't been revoked or anything, but can't say that with total certainty.
 

Still, it is funny that people in a state where you basically buy a pistol license at the sheriff's department can bypass NICS, but our permit is somewhat expensive to get and it doesn't give us near the benefits.

Surely the sheriff issuance system in Bama must indeed use NICS now, and this is the change that occurred on 10/1/13 when it became a Shall Issue state?
 
- OS

Edited February 28, 2016 by Oh Shoot