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Are new WA CCW Permits now NICS Exempt or ?

Discussion in 'Legal & Political Archive' started by gcban, Oct 25, 2011.

  1. gcban

    gcban Tukwila, WA Active Member

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    According to the ATF permanent NICS chart (link below).

    ATF Online - Firearms - Brady Law / NICS - Permit Chart

    WA permits that were issued after July 22, 2011 are now good for the NICS exemption? Is this true? I have searched the forum and have not seen any real mention of this, but there are several articles of it if you just Google it. Looks like it was done the same time Nevada got their exemption status back. Is there something in the RCW’s that prevent this even though ATF is good with it now!

    If somebody out there is in the know please fill me in. I get delayed all the time from some other same name guy with a dishonorable discharge from the military and it’s a pain in the rear. My AZ permit is exempt and I would love it if my WA permit was now the same. If so I’m going to renew pronto even though my recent WA permit is only 2 years old. Let me know if I missed something here! Thanks! - G
     
  2. Scott

    Scott Battle Ground Well-Known Member

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    Can you renew early? If this is true I will renew tomorrow and just say I lost it. I am delayed as well 9 out of 10 times but never delayed in OR. Figure that one out.
     
  3. ironmike86

    ironmike86 WA Member

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    So what does that means?
     
  4. Scott

    Scott Battle Ground Well-Known Member

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    If it is true you just fill out the form but they don't call it in. It is just a proceed and you walk out.

    If it were true it would save me a lot of headaches. I could have just got a pin though and not worry as well.
     
  5. ironmike86

    ironmike86 WA Member

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    Yeah it must be true. When I was at the Gun store they said I can walk out the same day with a Cpl
     
  6. One-Eyed Ross

    One-Eyed Ross Winlock, WA Well-Known Member

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    the CPL has always allowed that for hand guns. You don't have to wait for the five (5) days...
     
  7. gcban

    gcban Tukwila, WA Active Member

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    What is quoted above is true Ironmike86. The NICS exeption status would mean that since your CPL application has been run thru the NICS background check that when you went to purchase your firearm the FFL does not need to contact NICS for sale/transfer approval. You fill out the 4473, show ID and valid CPL, pay your money and out the door you go. Thats the way my AZ permit works, clean and simple. It also stops these nuisance delays when NICS gets busy or just issues a delay to buy them some more time.

    I really hope this is the case, I just figured there would be more buzz about this here and other places, but I just havent seen it. Think I will forward this to Dave Workman, he would know for sure. Be safe gang! - G
     
  8. ironmike86

    ironmike86 WA Member

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    That what I don't get? If a CCW you can take your weapon home whats the difference?I remeber even if you had a ccw you still had to wait a few year ago.
     
  9. enjr4

    enjr4 Renton, WA Active Member

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  10. ironmike86

    ironmike86 WA Member

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    Yeah that looks like if you have a ccw you still have to wait? Maybe not 5 days? Dunno haven't bought a gun in awhile. That page may need to be updated saying there no wait anymore with Cpl??
     
  11. gcban

    gcban Tukwila, WA Active Member

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    Your WA CCW permit only allows you to bypass the required 5 day waiting period for a handgun purchase, the FFL you purchase your firearm from still has to call the NICS background check system for a proceed, delay, or deny reply for the transfer of the firearm to the buyer with OR without a CCW permit. NICS is a name based system and many times people who are not prohibited from firearms purchase or possesion get delays and sometimes even denied. If you get a delay you are not leaving the store with your firearm unless NICS calls the FFL back while you are still in the store. It normal takes about 24 hours for my delays to turn into a proceed.

    I got denied a few years ago because of a similar named person who got dishonorably dischared from the military. I have NEVER been in the military but yet I had to prove I was not that guy to get my name cleared for that denial, which took several months. NICS is a deny first ask questions later system, guilty until proven innocent. Ever since then I get about and 80 to 90% delay response on all my purchases due to this other guy. The NICS exemption would stop this recurring delay response for me and many others. Hope this explains it better. Take care. -G
     
    Blitzkrieg and (deleted member) like this.
  12. ironmike86

    ironmike86 WA Member

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    Yup I got it now. The one time check and in good standing Cpl is enough no more NICS checks after 7/22/11. I just got my new one :)
     
  13. gcban

    gcban Tukwila, WA Active Member

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    Ironmike86,

    If I could ask you a quick question, on your new permit (if issued after 7/22/11) does it state anything on the permit about NICS exempt or is there anything new about this permit from your old one? Just curious since I dont know if they changed the permit printing also. Thanks! - G
     
  14. ironmike86

    ironmike86 WA Member

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    Nope looks the same. But I haven't had one for awhile and decided to get one again. Just expiration date and serial #. Personal information. And the warning on the back 7.80
     
  15. gcban

    gcban Tukwila, WA Active Member

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    Thanks Ironmike 86! So it must be something the FFL's has been notified about then. The Alaska Permit actually states NICS EXEMPT on the front of the permit. My Arizona permit does not say anything on it about the Exemption so WA must be going that way also if this new NICS thing in WA is truly in effect. I went to purchase a shotgun just yesterday and got my usual delay from NICS. Gave the clerk my DL and CPL but I dont remember if she really looked or wrote down info from the CPL. I will ask them if they know about new WA NICS exemption when I pick up my shotgun later. -G
     
  16. ironmike86

    ironmike86 WA Member

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    That sucks because you should walked out with the rife. specially since there no wait anyway.
     
  17. gcban

    gcban Tukwila, WA Active Member

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    Agreed, just got an Oregon permit about a month ago (NICS Background check conducted), renewed my AZ permit a few months ago (NICS and FBI background check conducted), go to buy a rifle in my home state and NICS delayed almost every time. I can walk into any AZ or Oregon FFL and walk out with my rifle or handgun everytime (would have to have handgun shipped to WA FFL though). Now you see the frustration. Been NICS/FBI checked out the wazoo and delay, delay, delay. I REALLY hope the WA CPL exemption is the real deal.

    If someone knows the real deal let us know. Thanks! - G
     
  18. gcban

    gcban Tukwila, WA Active Member

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    I found the answer. I contacted the WA Dept. of Licensing about the NICS Exemption for WA CPL holders permits issued on or after 7/22/11.

    Basically WA State has aligned its criteria with the Federal ATF standards for issuance of a WA CPL based on the Federal Firearms Prohibited Person criteria. Before this WA issuance of a CPL did not meet all of the same criteria as Federal Law so someone prohibited by Federal law from possessing a firearm may have still been able to obtain a WA CPL permit, not anymore.

    So, based on that change by WA State the ATF sent an open letter to all WA FFL’s stating that WA CPL’s issued on or after 7/22/11 are now exempt from NICS background checks for firearms purchases, BUT that’s not the end of the story.

    WA law has to be updated to allow this exemption to be used so even though new permits qualify for NICS exemption all WA CPL’s holders will still receive the NICS background check for every firearms purchase from WA FFL’s until WA law is changed.

    The person I talked with at the DOL stated that there is a Bill being put together to submit to The House to update this so the exemption will be able to be used in the future. Right now though its status quo my fellow CPL holders. Keep the faith and be safe! - G
     
  19. gcban

    gcban Tukwila, WA Active Member

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    Ironmike86, The reason I can’t wait for the NICS background check to go away here in WA for CPL holders is for exactly what I’m going thru right now. That shotgun that’s on sale I’m waiting to pick up is still on a NICS delay after 3 days. Even though the FFL (Big 5) is now able to transfer the firearm to me since NICS did not respond within the 3 day response period, Big 5 has a corporate policy not to do so unless NICS clears the sale.

    Tomorrow I am going down to AZ to visit family for the day. I have called a BIG 5 store in Phoenix about the same shotgun on sale in the same ad, which ends tomorrow. They are holding one for me. I will walk into the AZ Big 5 with my Arizona CWP, my Washington DL, lay down my money and walk out the door with my shotgun, no phone call to NICS to see if they can figure it out. In fact I bet by the time I get back to Seattle on Sunday, that NICS will still not have called Big 5 here back with a proceed response.

    NICS was created as a part of the Brady Bill Act and like a lot of federal things can be the model of inefficiency. My dealings with them when I got the erroneous Deny response proved that to me. Any police officer can run a person thru the FBI NCIC system and know everything about them practically including should they be allowed to be in possession of a firearm. NICS, also an FBI system, can’t figure it out in 3 days or more. Go figure! - G
     
  20. enjr4

    enjr4 Renton, WA Active Member

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    Stopped by my local gun runner's yesterday and asked about this subject. He said he had heard a rummor about it; but, he had gotten nothing from ATF or WA. So, business as usual. Fill out the state's white form and the NICS form and call it in.

    Ed
     
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