NICS check when buying

[walt o]

Why is it that our CCL is not recognized as a NCIS check when we buy a firearm. At one time it was all you had to do to buy a pistol was to have & show your licence at time of purchase and you were good to go. I know some state licences are recognised but not INDIANA 'S WHY?

 

[dave29]

I was told because the Indiana license is not Federally checked when issued, only state.

I could be wrong, but it makes perfect sense.

 

[bstewrat3]

Just because you were a good person when your LTCH was issued doesn't mean you haven't gotten in trouble since. I may be wrong but the NCIC check is a nationwide requirement.

 

[ljadayton]

Just because you were a good person when your LTCH was issued doesn't mean you haven't gotten in trouble since.quote]

would make sense

 

[Hiker1911]

If you use your Indiana CCL, it is supposed to shorten the process. Correct me if I'm way off on this...

You mean that if it is presented in Indiana when buying a firearm it will not in some way-shorten the whole process with NICS?

 

[walt o]

Wrong N.C- FLA-TX are a few states that your state licence are good for a NCIS check ,and as i originally stated our INDIANA -CCL was good to go at one time why not now?
In Georgia, if you have a carry license, there is no background check. The dealer simply writes the license number and dates of issue and expiration on the 4473, and it is cash & carry.

 

[Kirk Freeman]

What's a CCL???

I know some state licences are recognised but not INDIANA 'S WHY?

$

When you ask a legal/political question, always think of money. Then think of the bling, bling.

If you use your Indiana CCL, it is supposed to shorten the process.

Used to be, in days gone bye, but then the feds wanted more money and the General Assembly has not funded ISP in order to satisfy the feds.

 

[MrsGungho]

I was told because the Indiana license is not Federally checked when issued, only state.

I could be wrong, but it makes perfect sense.

this is what I have been told.

showing your LTCH does not speed the process up nor does it give you a waiver to bypass the check. Has been this way for awhile.

 

[bstewrat3]

That was a different time. The LTCH has not been asked for for years. Previously we could not go to Florida and purchase a gun but I was able to buy one last year because everyone gets called in to the feds.

 

[Hiker1911]

The call-in check that's been standard since Sept. 2003 does not benefit in any form or fashion if the CCW is presented with the Indiana Driver's License prior to the phone call...

Got it!

(I was not suggesting that a CCW would negate the requirement for call-in for approval.)

 

[MrsGungho]

That was a different time. The LTCH has not been asked for for years. Previously we could not go to Florida and purchase a gun but I was able to buy one last year because everyone gets called in to the feds.

you still can't buy a handgun from any state other than Indiana if you are an Indiana resident. long guns in surrounding states only IE: Illinois, Kentucky, Ohio, Michigan. Unless you have it transferred to Indiana for the NICS check.

 

[6birds]

long guns in surrounding states only IE: Illinois, Kentucky, Ohio, Michigan. Unless you have it transferred to Indiana for the NICS check.

Indiana will only sell an out-of-stater a long gun if the are from a surrounding state, but you can buy a long gun where ever you please.

 

[T-DOGG]

I was just talking to the owner of a gun shop Saturday about this. They had 2 people at the same time wanting to buy handguns. Both filled out the paperwork and both got denied. The first guy was from Ohio and the second guy's address on his driver's license didn't match address he put down on paperwork. The guy from Ohio could buy a long gun but not a handgun.

 

[dg101win]

IIRC at one time Indiana had a waiting period to purchase a handgun. However if you held a concealed carry permit the waiting period was waived. I do recall a friend whose permit expired had to wait to pick up his handgun he won at a fundraiser.
When the NICS check was started the waiting period was dropped. Also at the same time Indiana chose not to allow the state issued carry permit to waive the NICS phone call.

 

[walt o]

Beg to differ with you I have in the past ( since the ncis check started)bought pistols and the CCL was enough to bypass the check . I believe that the FED'S disallowed the INDIANA CCL . I was asking why some other states CCL are accepted by the FED's and not ours. I might not have my self clear on the original post.

 

[rimfire_crazed]

I still don't know what this CCL you're talking about is...

 

[Kirk Freeman]

However if you held a concealed carry permit the waiting period was waived.

What's a concealed carry permit?

*leans on cane*

Yes, you took out your 4"x6" pink card and the dealer wrote "waived" or "exempt" (if you had a badge) on the state handgun form and we like it and all this was orchard. I took the ferry to West Lafayette, which is what we called East Ogdenville then, I wore an onion on my belt, which was the style at the time. The ferry only costs a bee, which is what nickels were called. Give me five bees for a quarter we'd say . . . .

Also at the same time Indiana chose not to allow the state issued carry permit to waive the NICS phone call.

The feds did the choosing, not Indiana. However, Indiana choses not to spend the $ to upgrade.

I believe that the FED'S disallowed the INDIANA CCL .

Correct because the Indiana State Police background is insufficient according to the feds.

 

[MrsGungho]

Correct because the Indiana State Police background is insufficient according to the feds.

which is why I can have people denied by the feds who possess a LTCH from Indiana.

 

[dbeattie]

I just purchased my first handgun since the old way when your license did waive the background check. I must say I was satisfied with the speed of the transaction.

 

[finity]

Indiana will only sell an out-of-stater a long gun if the are from a surrounding state, but you can buy a long gun where ever you please.

No. Not unless you first transfer it to a FFL in this state.

IC 35-47-5-6
Purchasing or obtaining a rifle or shotgun
Sec. 6. (a) Any resident of Indiana:
(1) who is eighteen (18) years of age or older; and
(2) who is not prohibited by law from obtaining, possessing, or using a firearm;
may purchase or obtain a rifle or shotgun in Ohio, Kentucky, Michigan, or Illinois.
(b) Any resident of Ohio, Kentucky, Michigan, or Illinois:
(1) who is eighteen (18) years of age or older; and (2) who is not prohibited by the laws of Indiana, his domicile, or the United States from obtaining, possessing, or using a firearm;
may purchase or obtain a rifle, shotgun, or ammunition for a rifle or a shotgun in Indiana.
(c) Any transaction under this section is subject to the provisions of the Gun Control Act of 1968 (82 Stat. 1213, 18 U.S.C. 0.922(B)(3)).
As added by P.L.311-1983, SEC.32.

The above law is written to satisfy the requirements of the following federal firearm law (the below law is the referenced USC just above):

18 USC Sec. 922 01/05/2009

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 44 - FIREARMS

Sec. 922. Unlawful acts

(a) It shall be unlawful -
.
.
(3) for any person, other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector to transport
into or receive in the State where he resides (or if the person
is a corporation or other business entity, the State where it
maintains a place of business) any firearm purchased or otherwise
obtained by such person outside that State, except that this
paragraph (A) shall not preclude any person who lawfully acquires
a firearm by bequest or intestate succession in a State other
than his State of residence from transporting the firearm into or
receiving it in that State, if it is lawful for such person to
purchase or possess such firearm in that State, (B) shall not
apply to the transportation or receipt of a firearm obtained in
conformity with subsection (b)(3) of this section, and (C) shall
not apply to the transportation of any firearm acquired in any
State prior to the effective date of this chapter;
.
.
.
(b) It shall be unlawful for any licensed importer, licensed
manufacturer, licensed dealer, or licensed collector to sell or
deliver -
(1) any firearm or ammunition to any individual who the
licensee knows or has reasonable cause to believe is less than
eighteen years of age, and, if the firearm, or ammunition is
other than a shotgun or rifle, or ammunition for a shotgun or
rifle, to any individual who the licensee knows or has reasonable
cause to believe is less than twenty-one years of age;
(2) any firearm to any person in any State where the purchase
or possession by such person of such firearm would be in
violation of any State law or any published ordinance applicable
at the place of sale, delivery or other disposition, unless the
licensee knows or has reasonable cause to believe that the
purchase or possession would not be in violation of such State
law or such published ordinance;
(3) any firearm to any person who the licensee knows or has
reasonable cause to believe does not reside in (or if the person
is a corporation or other business entity, does not maintain a
place of business in) the State in which the licensee's place of
business is located, except that this paragraph (A)

shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States

(and any licensed manufacturer, importer
or dealer shall be presumed, for purposes of this subparagraph,
in the absence of evidence to the contrary, to have had actual
knowledge of the State laws and published ordinances of both
States), and (B) shall not apply to the loan or rental of a
firearm to any person for temporary use for lawful sporting
purposes;

IOW, unless it is written into the laws OF BOTH STATES then it is illegal to buy a gun in another state by a resident of this state.

IOOW, if you are a resident of IN, unless BOTH the laws of IN & FL say it is OK to buy a gun in FL it is NOT legal.

I think it's BS the way the IN law is written, though. Laws are supposed to be written to PREVENT you from doing something, not to ALLOW you to do something. It should be written (if it is to be written into law at all) as "it is not legal to buy from any state except...".

I was just talking to the owner of a gun shop Saturday about this. They had 2 people at the same time wanting to buy handguns. Both filled out the paperwork and both got denied. The first guy was from Ohio and the second guy's address on his driver's license didn't match address he put down on paperwork. The guy from Ohio could buy a long gun but not a handgun.

I would think that the owner of a gun store would (should?) be knowledgeable about the federal laws by which he is governed. If not they are asking for trouble.