Exemptions - no NICS check required.

[rbhargan]

While we were in Alabama we stopped by a Cabelas and I saw a sign that said that anyone with an Alabama CC permit issued after 1 AUG 2013 was not required to undergo a NICS check. I had never heard of such a thing and did a google search when we got home. I found out that 24 States have NICS exemptions for residents with CC permits. Interesting.

Alabama concealed carry permit holders exempt from extra background checks to buy guns | AL.com

 

[Kirk Freeman]

Why would this surprise you? Indiana used to have such an exemption.

Wait, how old are you?

 

[Kirk Freeman]

History lesson from Professor Grumpypants: https://www.atf.gov/file/84851/download

 

[rbhargan]

Well, I have only been a gun owner for the last five years. Prior to that, the topic was not on my radar.

 

[SSGSAD]

Why would this surprise you? Indiana used to have such an exemption.

Wait, how old are you?

YES, we did ..... I can't remember, why it changed .....

Did the Super of ISP, change it or WHAT ?????

 

[snorko]

YES, we did ..... I can't remember, why it changed .....

Did the Super of ISP, change it or WHAT ?????

We had that exemption when there was no instant NICS check and the checks were run through the SP...by mail...with fingerprints for a pistol purchase...and a 5(?) day waiting period for the check to run.

When the Brady bill was passed it was a trade off, losing the exemption but getting the instant check. Kentucky has this now but they run a NICS check on all licensees annually. That is also why the "gun sales" figures for Ky are often seen as very high.

 

[4651feeder]

It is my understanding Michigan and Ohio also have the NICS exemption for license holders. Have been told the reason it does not apply in Indiana is because the background check for LTCH does not meet Federal Standards.

 

[Libertarian01]

Why would this surprise you? Indiana used to have such an exemption.

Wait, how old are you?

Now Kirk is showing his age.

Perhaps it is time for a walker, reading glasses, and a new hearing aid for Christmas!

I think there' s a sale on Depends somewhere, now let me look...

 

[Old Dog]

For a while we had no 5 day waiting period and you could walk out the door with your new purchase immediately, if you had a LTCH. Then the feds determined that Indiana's check was not adequate because it only looked at Indiana records. We can thank the Brady's' for this folly. I can remember purchasing in the pre GCA68 days when there was no check or waiting period.

 

[ljk]

We'll, can we get it back?

 

[indiucky]

YES, we did ..... I can't remember, why it changed .....

Did the Super of ISP, change it or WHAT ?????

Lasted for roughly one year after the passage of the Brady Bill....About 1995 IIRC....

 

[pilotof727s]

Do we know which part doesn't meet it?

It is my understanding Michigan and Ohio also have the NICS exemption for license holders. Have been told the reason it does not apply in Indiana is because the background check for LTCH does not meet Federal Standards.

 

[HoughMade]

Look under "Change in ISP Procedures" on page 2.

https://www.atf.gov/file/84851/download

 

[indykid]

It does make me feel old when I can remember walking into Sears for instance, and walking out with the rifle of my choice just by showing them my drivers license for age verification if I remember that too. And Sears did have a very nice firearm section! And so did J.C. Penny's, and about every ma and pa hardware store on the corner.

 

[HoughMade]

It does make me feel old when I can remember walking into Sears for instance, and walking out with the rifle of my choice just by showing them my drivers license for age verification if I remember that too. And Sears did have a very nice firearm section! And so did J.C. Penny's, and about every ma and pa hardware store on the corner.

I bought my first 12ga at an Ace Hardware.

 

[4651feeder]

Do we know which part doesn't meet it?

True or not, this is what I have been told by my second call to a LGS in the area: Indiana is a "Shall Issue" state without firearm registration and as such does not qualify for NICS exemption. The first call to another LGS basically resulted in a chuckle and reply of when you find out let us know. Internet search on this topic was nonproductive for me.

 

[Kirk Freeman]

True or not, this is what I have been told by my second call to a LGS in the area: Indiana is a "Shall Issue" state without firearm registration and as such does not qualify for NICS exemption. The first call to another LGS basically resulted in a chuckle and reply of when you find out let us know. Internet search on this topic was nonproductive for me.

I posted the ATFE memo, guys. Please read it and all will be revealed!

 

[4651feeder]

I posted the ATFE memo, guys. Please read it and all will be revealed!

I saw that doc you've referenced prior to and when you posted it. I am not well versed in Legalezze, perhaps you could simplify to me how the language contained within it still prevents Indiana LTCH owners NICS exemption while I believe 26 other states have now qualified for that.

 

[HoughMade]

I saw that doc you've referenced prior to and when you posted it. I am not well versed in Legalezze, perhaps you could simplify to me how the language contained within it still prevents Indiana LTCH owners NICS exemption while I believe 26 other states have now qualified for that.

Legaleze?

..., the ISP only will apply State law indetermining if a license should be denied. Accordingly, licenses may be issued to persons prohibited from possessing firearms under Federal law

 

[Alamo]

The one appellate-level Gun Free School Zone Act prosecution that I could find that didn't involve the GFZA violation being an add-on to some kind of federal drug-related charges was the Feds going after a guy who had an Alabama carry license and a felony conviction in his background and was found in a school zone carrying a handgun. At that time Alabama did not do a federal NICS check, just state/local checks. The Feds argued that he did not qualify for the GFSZA exemption for licensed carriers because a) he was a prohibited person under federal law, and b) his license didn't count for the GFSZA exemption because Alabama didn't do a NICS check.

Both the Federal trial court and the appellate court ruled against the Feds on both charges because a) the guy's civil rights, including gun rights, were restored by operation of law in the state where was convicted (Michigan) after he had served his sentence, and b) the GFSZA carry license exemption or exception or whatever you call it doesn't specify that there has to be a NICS check, just that the handgun carrier have a state license to carry.

I didn't know until now that Alabama had joined the NICS check club. Interesting. I wonder what prompted them to change (looks like it was 2013?)