The Trump administration has reconsidered what state and territory firearms permits qualify as substitutes for National Instant Criminal Background Check system checks, or more generally, for Brady Law checks when purchasing a firearm. Two more states, Michigan and Alabama, have been added to the current list. As of present, 29 states and Puerto Rico have permits that qualify.
Not all permits in a particular state may qualify. In Alabama, both the Concealed Carry Permit and the Lifetime Concealed Carry Permit qualify. In Michigan, both the Permit to Purchase, Carry, Possess, or Transport a handgun and the license to conceal carry qualify.
Missouri has multiple types of carry permits. The Lifetime Concealed Carry Permit, the Extended Concealed Carry Permit, and the Concealed Carry Permit all qualify. The Provisional Lifetime Concealed Carry Permit, the Provisional Extended Concealed Carry Permit, and the Provisional Concealed Carry Permit do not qualify.
None of the California permits qualify. Surprisingly, both Hawaii permits qualify.
Here is a list of states where no permits qualify. Some of these states are surprising.
California, Colorado, Connecticut, Delaware, Florida, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Tennessee, Virginia and Washington State.
Vermont does not issue a permit, but has Constitutional Carry.
These non-state territories and the District of Columbia do not have permits that qualify:
American Samoa, District of Columbia, Guam, Northern Mariana Islands and U.S. Virgin Islands.
To see exactly which permits qualify and which do not, examine the Brady Permit Chart at the ATF website. The ATF lists limitations on the substitutions of these permits for a Brady Law (NICS) system check.
From the ATF:
Prior to transferring a firearm utilizing the exception in § 922(t)(3)(A), an FFL must ensure the following:
- the permit is valid and unexpired;
- the permit was issued not more than five years earlier by the state in which the transfer is to take place;
- the laws of the state provide that such permit
was to be issued only after the state conducted a background check in
accordance with the Brady law.Please note: Permits issued more than five years before the date of transfer may not be used, even if those permits remain valid and unexpired under state law.
Routinely, I use the Arizona permit for transfers from an FFL. The licensee of the FFL gives a discount for use of the permit because it reduces paperwork and time for the dealer.
The use of state permits for a Brady Law or NICS check (Some Brady Checks are done under state authority) is a good step in the right direction. Noted researcher John Lott notes that many NICS checks are false positives, which wrongly deprive innocent people of the right, protected by the Second Amendment, of purchasing firearms. The waiting periods in some states, such as California, are being challenged in the courts as an infringement on rights protected by the Second Amendment.
There is at least one challenge against the federal prohibition on purchasing handguns across state lines, even if both states would approve the purchase. The NICS system needs a serious overhaul. It is designed to deny purchases. It uses broad criteria. Much better commercial systems are in place that allow quicker, more positive identifications.
The biggest problem with NICS is that it is a solution in search of a problem. There is very little indication that the NICS system is anywhere near cost-effective. It costs dealers and citizens millions of hours of lost time each year and a minimum of tens of millions of dollars to operate. There is no reason to believe it has any significant effect on crime rates.
The premise, “Guns are Bad,” has not been demonstrated to be true. Eliminating the NICS system will take Congressional action.
About Dean Weingarten:
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.
