Citation(s) from the literature library

LCPGV. 2020 ‘States that Issue Permits that Qualify the Holder for an Exemption from a NICS Check.’ Firearms Law Database - Background Checks Policy Summary. San Francisco, CA: Giffords Law Center to Prevent Gun Violence. 27 October

Relevant contents

2. States that Issue Permits that Qualify the Holder for an Exemption from a NICS Check:

Pursuant to 18 U.S.C. § 922(t)(3), twenty-two states issue permits or licenses that exempt the holder from the federal background check requirement at the point of sale.(61)

States that Issue Permits or Licenses that Qualify the Holder for an Exemption from a NICS Check(62)

Alaska (concealed weapons permits)
Arizona (concealed weapons permits)
Arkansas (concealed weapons permits)
California ("entertainment firearms permits" only)
Georgia (concealed weapons permits)
Hawaii (permits to acquire and licenses to carry)
Idaho (concealed weapons permits)
Iowa (permits to acquire a handgun and concealed weapons permits)
Kansas (concealed weapons permits issued on or after 7/1/10)
Kentucky (concealed weapons permits)
Michigan (licenses to purchase a pistol and concealed pistol licenses)
Mississippi (concealed weapons permits, but not security guard permits)
Montana (concealed weapons permits)
Nebraska (handgun purchase certificates and concealed handgun permits)
Nevada (concealed weapons permits issued on or after 7/1/11)
North Carolina (permits to purchase a handgun and concealed handgun permits)
North Dakota (concealed weapons permits)
South Carolina (concealed weapons permits)
Texas (concealed weapons permits)
Utah (concealed weapons permits)
Washington (concealed weapons permits issued on or after 7/22/11)
Wyoming (concealed weapons permits)

[NICS = National Instant Criminal Background Check System]


61) Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Department of Justice, Permanent Brady Permit Chart (August 26, 2011). The FBI determines whether a state's permitting process exempts purchasers from background checks, based on the statutory criteria set forth in 18 U.S.C. § 922(t)(3) and 27 C.F.R. § 478.102(d).

62) Laws in Delaware, Florida, and Louisiana purport to exempt concealed weapons permit holders in those states from the background check requirement. Del. Code tit. 11, § 1448A(d)(5); Fla. Stat. § 790.065(1)(b); La. Rev. Stat. § 40:1379.3(T)(1). However, ATF does not recognize permit holders in these states as exempt. As a result, dealers in these states must conduct a background check even if the purchaser presents a concealed weapons permit.

ID: Q7748

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