Jump to content

Alabama Permit Holders No Longer Subject to NICS Check


Recommended Posts

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".
  • Like 4
Link to comment

...

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 by Oh Shoot
Link to comment

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?
Link to comment

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 by Oh Shoot
Link to comment

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

  • Like 2
Link to comment

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. 

Link to comment

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 by Oh Shoot
Link to comment

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

TRADING POST NOTICE

Before engaging in any transaction of goods or services on TGO, all parties involved must know and follow the local, state and Federal laws regarding those transactions.

TGO makes no claims, guarantees or assurances regarding any such transactions.

THE FINE PRINT

Tennessee Gun Owners (TNGunOwners.com) is the premier Community and Discussion Forum for gun owners, firearm enthusiasts, sportsmen and Second Amendment proponents in the state of Tennessee and surrounding region.

TNGunOwners.com (TGO) is a presentation of Enthusiast Productions. The TGO state flag logo and the TGO tri-hole "icon" logo are trademarks of Tennessee Gun Owners. The TGO logos and all content presented on this site may not be reproduced in any form without express written permission. The opinions expressed on TGO are those of their authors and do not necessarily reflect those of the site's owners or staff.

TNGunOwners.com (TGO) is not a lobbying organization and has no affiliation with any lobbying organizations.  Beware of scammers using the Tennessee Gun Owners name, purporting to be Pro-2A lobbying organizations!

×
×
  • Create New...

Important Information

By using this site, you agree to the following.
Terms of Use | Privacy Policy | Guidelines
 
We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.