Nics check state to state

mjbskwim · Jul 21, 2015

I found a cheapo Maverick shotgun today and then the store owner pulled out a lower at another shop.
Only out 220,so I'm good
Well Nics was having phone issues so the first store owner said if I had my Idaho carry permit they didn't need to call it in.
WHAT? BS! Nics is federal
Yes but if you have the permit we don't call it in.
Asked the second owner.He said the same thing.Well the sheriff had told me I didn't really need one since I had my Washington and Utah permits. Heck don't need one except big cities here.Legal to carry a loaded gun out side the cities anyway

Anyway,I though Nics was necessary on the fed side everywhere,not that it was a state to state thing,even though you had a permit.
Liking this state more and more

Hawaiian · Jul 21, 2015

Your first thought was correct. BS. A background check is required on all FFL sales nationwide. In some states that have a waiting period, it is waived with a permit. That does not change the federal requirement.

IronMonster · Jul 21, 2015

Hawaiian said:
Your first thought was correct. BS. A background check is required on all FFL sales nationwide. In some states that have a waiting period, it is waived with a permit. That does not change the federal requirement.

The check has already been done if you are a CCW holder thus they are not required to do one at the time of purchase.

http://smartgunlaws.org/background-checks-in-idaho/

Federal law requires federally licensed firearms dealers (but not private sellers) to initiate a background check on the purchaser prior to sale of a firearm. Federal law provides states with the option of serving as a state "point of contact" and conducting their own background checks using state, as well as federal, records and databases, or having the checks performed by the FBI using only the National Instant Criminal Background Check System ("NICS") database. (Note that state files are not always included in the federal database.)

Idaho is not a point of contact state for NICS. Idaho has no law requiring firearms dealers to initiate a background check prior to transferring a firearm. In Idaho, all firearms transfers by licensed dealers are processed directly through the FBI, which enforces the federal purchaser prohibitions referenced above.1

Brady Exemption: Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful.2 Holders of concealed weapons licenses in Idaho are exempt from background checks when purchasing a firearm, according to the <broken link removed> that outlines those permits that qualify as alternatives to the federal Brady Act. Please note that ATF's exempt status determination is subject to change without notice.

Firearms transfers by private sellers (non-firearms dealers) are not subject to background checks in Idaho, although federal and state purchaser prohibitions still apply. See the Idaho Private Sales section.

See our Background Checks policy summary for a comprehensive discussion of this issue.

Federal Bureau of Investigation, National Instant Criminal Background Check System Participation Map, at <broken link removed> (last visited Oct. 12, 2011). [↩]
18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d). [↩]