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Southwest Chuck
04-15-2011, 4:43 PM
ATF Open Letter dated 4/08/11 (http://www.atf.gov/press/releases/2011/04/040811-open-letter-to-kansas-ffls.html)
Just received this e-mail from them. Good for Kansas Permit holders!


ATF Seal
U.S. Department of Justice
Bureau of Alcohol, Tobacco,
Firearms and Explosives

Washington, DC 20226

April 8, 2011
Open Letter to All Kansas Federal Firearms Licensees

The purpose of this open letter is to advise you of an important change to the procedure you may follow to comply with the Brady Handgun Violence Prevention Act, 18 U.S.C. § 922(t), when transferring a firearm to an unlicensed person.

The permanent provisions of the Brady law took effect on November 30, 1998. The Brady law generally requires Federal firearms licensees (FFLs) to initiate a National Instant Criminal Background Check System (NICS) background check before transferring a firearm to an unlicensed person. However, the Brady law contains exceptions to the NICS check requirement, including an exception for holders of certain State permits to possess, carry, or acquire firearms. The law and implementing regulations provide that permits issued within the past 5 years may qualify as alternatives to the NICS check if certain other requirements are satisfied. Most importantly, the authority issuing the permit must conduct a NICS background check and must deny a permit to anyone prohibited from possessing firearms under Federal, State, or local law.

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has reviewed the Kansas Personal and Family Protection Act, K.S.A. 2010 Supp. 75-7c01 through 75-7c19, which contains the provisions for a license to carry a concealed handgun, and has determined that Kansas' license to carry a concealed handgun qualifies as an alternative to the background check required by the Brady law.

If you transfer a firearm to an unlicensed person pursuant to the permit alternative, you must comply with the following requirements:

1. Have the transferee complete and sign ATF Form 4473, Firearms Transaction Record.
2. Verify the identity of the transferee through a Government-issued photo identification (for example, a driver’s license).
3. Verify that the license to carry a concealed handgun was issued within the past 5 years by the State in which the transfer is to occur, and that the license has not expired under State law.
4. Either retain a copy of the transferee’s license to carry a concealed handgun and attach it to the Form 4473, or record on the Form 4473 any identifying number from the license, the date of issuance, and the expiration date of the license.

If you have any questions about Kansas’ license to carry a concealed handgun qualifying as an alternative to the NICS check, please call ATF’s Firearms Industry Programs Branch at (202) 648-7190.
Signature of Arthur Herbert

Arthur Herbert
Assistant Director
Enforcement Programs and Services

morfeeis
04-15-2011, 7:37 PM
so if you got a CCW in the past 5 years and any state says you shouldn't have a firearm they'll pull your CCW?

MP301
04-15-2011, 9:06 PM
IIRC, this was the set up in Nevada for a while as well. Then something happened that changed it. Anyone know the scoop?

Tripper
04-15-2011, 9:12 PM
Can we get that here

rbetts
04-16-2011, 6:32 AM
so if you got a CCW in the past 5 years and any state says you shouldn't have a firearm they'll pull your CCW?

Sounds like a good idea to me. Felons and knuckleheads do not deserve a CCW. . . In any state.

markw
04-16-2011, 8:57 AM
Sounds like a good idea to me. Felons and knuckleheads do not deserve a CCW. . . In any state.

Felons and knuckleheads don't require a CCW, that's for law biding citizens, those guys just carry.

Call_me_Tom
04-16-2011, 9:04 AM
I believe Arizona has the same thing going on.

MrPlutonium
04-16-2011, 10:00 AM
I believe Arizona has the same thing going on.

Yep, we do. 4473's still need to be filled out but it can be a timesaver if you've got one of those names that tend to be delayed during the nics check.

epilepticninja
04-16-2011, 12:19 PM
Felons and knuckleheads don't require a CCW, that's for law biding citizens, those guys just carry.

Exactly.

Exile Machine
04-16-2011, 12:53 PM
We've got that in TX as well. Flash the CHL, skip the NICS...
-Mark

Zhukov
04-16-2011, 1:14 PM
Idaho Concealed Weapons Permits also meet this requirement. It's pretty spiffy.

http://www.atf.gov/firearms/brady-law/permit-chart.html

Hasn't been updated in a bit, but it gives a quick rundown.

Maestro Pistolero
04-16-2011, 2:30 PM
In Nevada there is currently a bill to reinstate this exemption, although it is ultimately up to the ATF. The requirement is that the CCW issuing agency conduct an NICS check independently, and, I think, periodically.

audiophil2
04-16-2011, 3:32 PM
Felons and knuckleheads don't require a CCW, that's for law biding citizens, those guys just carry.

I don't need a CCW either. Does Constitutional Carry get lumped into the felon or knucklehead category?

VegasND
04-16-2011, 3:37 PM
Our saviors in blue screwed us... the Nevada Sheriffs and Chiefs Association (NVSCA) wanted more money and killed it:
http://forum.opencarry.org/forums/archive/index.php/t-46028.html
IIRC, this was the set up in Nevada for a while as well. Then something happened that changed it. Anyone know the scoop?

ghost
04-16-2011, 5:08 PM
I believe Arizona has the same thing going on.



+1:D

yes and its great! makes buying fireams from a dealer a faster process.

Cokebottle
04-16-2011, 5:23 PM
However, the Brady law contains exceptions to the NICS check requirement, including an exception for holders of certain State permits to possess, carry, or acquire firearms. The law and implementing regulations provide that permits issued within the past 5 years may qualify as alternatives to the NICS check if certain other requirements are satisfied. Most importantly, the authority issuing the permit must conduct a NICS background check and must deny a permit to anyone prohibited from possessing firearms under Federal, State, or local law.
My COE meets this. It is renewed every year, they do an NICS check, and the certificate clearly states that I am eligible to possess firearms.

dustoff31
04-16-2011, 5:31 PM
Can we get that here

You already have it. Sort of. The permits that CA issues to movie armorers, I forget what they call them, qualify to have the NICS check waived.

CA CCWs and COEs do not. Why? Ask Sacramento. Obviously the FBI is not the problem.

Here's a hint: The state has to ask for it.

Bend
04-16-2011, 5:47 PM
Our saviors in blue screwed us... the Nevada Sheriffs and Chiefs Association (NVSCA) wanted more money and killed it:
http://forum.opencarry.org/forums/archive/index.php/t-46028.html

Ditto in Oregon.