how can states override the NICS?

[45calibre]

I've been reading on the net about the NICS when you buy a gun via ffl since I had one delayed today(very very disappointing). I read now Texas and Georgia residents don't have to pass the NICS if the have a gun permit on some forum posts from 2008 but I thought it was a federal law that it was mandatory to pass the NICS? I remembe reading something in th IC that said something along the lines that Indiana residents with a ltch were exempt from it also but don't remember the code.

 

[Cwood]

There is a way for the state to set up a system like NICS and they do not have to go through the Feds.

Federal Bureau of Investigation - NICS Participation Map

Thirteen states have agencies acting on behalf of the NICS in a full Point-Of-Contact (POC) capacity. These POC states, which have agreed to implement and maintain their own Brady NICS Program, conduct firearm background checks for FFLs' transactions in their respective states by electronically accessing the NICS. Upon completion of the required ATF Form 4473, the FFLs conducting business in the POC states contact a designated state agency to initiate a NICS background check in lieu of contacting the NICS Section.
Additionally, eight states are currently sharing responsibility with the NICS Section by acting as partial POCs. Partial-POC states have agencies designated to conduct checks for handguns and/or handgun permits, while the NICS Section handles the processing of the states transactions for long gun purchases. The NICS Participation Map, as illustrated below, depicts each state's level of participation with the NICS.

 

[bobn911]

After going through the steps of getting my Concealed pistol license, I can purchase a pistol from a FFL in Michigan and it will be up to the FFL if he/she wants to run the check. On the last one I bought the FFL started to call, then changed his mind and hung up. Later, Bob

 

[TheLoneRaider]

I've been reading on the net about the NICS when you buy a gun via ffl since I had one delayed today(very very disappointing). I read now Texas and Georgia residents don't have to pass the NICS if the have a gun permit on some forum posts from 2008 but I thought it was a federal law that it was mandatory to pass the NICS? I remembe reading something in th IC that said something along the lines that Indiana residents with a ltch were exempt from it also but don't remember the code.

Arizona is the same way as Texas and Georgia. No call with the Arizona CCW.

 

[NateIU10]

IN used to be like that, but now the LTCH doesn't exempt ffl purchases. I believe it had to do with the fact that there was a small gap between the qualifications for the LTCH and the check the NICS runs. Basically, the state level check doesn't check for everything the federal level does, so now federal law isn't exempted.