In the (first) Clinton era 1993 Brady bill, exemptions for background checks were provided for people who had undergone a check for state gun permits. Not all states meet the federal requirements for those exemptions. For example, the background check for the permit system must go through the National Instant Check System (NICS) and must have been done within the previous five years. That’s why most state permits are renewed every five years.
The statute provides the following exceptions to the national instant background check system:
1. The transferee presents to the licensee a permit which was issued not more than 5 years earlier by the State in which the transfer is to take place and which allows the transferee to possess or acquire a firearm, and the law of the State provides that such a permit is to be issued only after an authorized government official has verified that available information does not indicate that possession of a firearm by the transferee would be in violation of the law;
In addition, some states, such as Illinois, maintain their own state background check system. While those permits may meet the federal requirement, the state still requires a state check for their system.
A glance at the map above reveals some surprising contradictions. For example, Missouri recently became a permitless or “Constitutional carry” state. But the legislature hasn’t bothered yet to make their permit meet the requirements for their holders to be exempt from federal NICS checks.
You can check the list of states that qualify at atf.gov. There are currently 25 states that qualify (not including the California “Entertainment Firearms Permit”).
Alabama, Alaska, Arizona, Arkansas, Georgia, Hawaii, Idaho, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Montana, Nevada, North Carolina, North Dakota, Ohio, South Carolina, Texas, Utah, Washington, West Virginia, and Wyoming
©2016 by Dean Weingarten: Permission to share is granted when this notice and link are included.