WA state CHL exempt from instant check - status?

[9by19]

According to the ATF at the link: https://www.atf.gov/rules-and-regulations/permanent-brady-permit-chart
WA CHL's issued after 7/22/2011 can replace the instant check for firearm purchases.
Anyone know what the hold up is on the implemenation of this? Does the WA legislature or attorney general need to do something? (good luck, I know)...

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[kilimanjaro]

Hasn't worked for me, yet, at the gun shop.
I think my C&R FFL got me past the 4473 form exactly once.

Dealers don't like to incur liability, real or imagined.

 

[IronMonster]

Man that would save me some serious headaches

 

[Brutus57]

It hasn't worked for me on my last 2 purchases...It only seems to preempt the waiting period.

Brutus Out

 

[Caveman Jim]

Just need to find the right FFL, mine told me of that little tidbit 3 years ago so I bought 3 more....

 

[slimmer13]

They still have to abide by state law. (9 41 92)

Except as otherwise provided in this chapter, a licensed dealer may not deliver any firearm to a purchaser or transferee until the earlier of:
(1) The results of all required background checks are known and the purchaser or transferee is not prohibited from owning or possessing a firearm under federal or state law; or
(2) Ten business days have elapsed from the date the licensed dealer requested the background check. However, for sales and transfers of pistols if the purchaser or transferee does not have a valid permanent Washington driver's license or state identification card or has not been a resident of the state for the previous consecutive ninety days, then the time period in this subsection shall be extended from ten business days to sixty days.
[2015 c 1 § 4 (Initiative Measure No. 594, approved November 4, 2014).]
NOTES:
Finding—2015 c 1 (Initiative Measure No. 594): See note following RCW 9.41.010.

 

[HRE Slane]

Last few purchases/transfers from 2 different FFL's with CHL has only pre-empted the waiting period. Maybe it's the proximity to Seattle.

 

[mjbskwim]

That's the way the smart folk in Idaho do it

Been here a year and can't wait for it to be 2 years

 

[The Heretic]

Politicians/lawmakers/bureaucrats and in general antigun leaders won't let such things be implemented.

The reason?

Because BGCs are not about making sure only those who pass the BGC can buy firearms - it is about de-facto registration.

 

[gcban]

https://www.northwestfirearms.com/threads/are-new-wa-ccw-permits-now-nics-exempt-or.71026/

Check out this thread I started in 2011 about this subject.

The long and short of it is this:
WA CPL meets criteria for NICS exemption BUT the legislature has not passed legislation to aloow the WA CPL to be used as a NICS exemption. Politics at its finest.

I hope it does happen someday soon.

 

[Diamondback]

https://www.northwestfirearms.com/threads/are-new-wa-ccw-permits-now-nics-exempt-or.71026/

Check out this thread I started in 2011 about this subject.

The long and short of it is this:
WA CPL meets criteria for NICS exemption BUT the legislature has not passed legislation to aloow the WA CPL to be used as a NICS exemption. Politics at its finest.

I hope it does happen someday soon.

Have to fix the Blooming Buttnugget problem we have first... too bad we can't deport 'em all back to Burn-in-Hellifornia where they belong.

 

[WALawyer]

Excuse me for bumping an old thread. ATF considers certain CPLs as excemt from the NICS requirement. 27 C.F.R. s 278.102(d). As mentioned, ATF considers a WA CPL eligible for the exemption since 7/22/11. The problem is in RCW 9.41.090(2)(b): "[A] dealer shall use the state system and national instant criminal background check system . . . to make criminal background checks of applicants to purchase firearms." Until this is amended, WA FFLs have to continue doing background checks.

As a practical matter, the only way this exemption works is if the FFL is required to verify the validity of the CPL. As a criminal defense lawyer, I see judges order defendants to simply surrender their firearms and concealed pistol licenses after a domestic violence misdemeanor or felony conviction, yet there is essentially no follow through on that. The convict is free to retain the CPL and could present it to an FFL to avoid being denied.

 

[gcban]

WALawyer; In most other states where your CWP, CPL or CCW permit/license gives you a NICS exemption, the FFL merely checks a computer database or makes a phone call to an automated system at the States designated law enforcement agency that lets the FFL know your permit is still valid. That State agency is constantly updated with the NICS system (in AZ it's updated daily). So if you do become a prohibited person in NICS OR in the States judicial systems your permit is flagged and will be suspended immediately or possibly terminated. No valid permit, no NICS exemption. At that point a standard NICS background check must be done for the sale to proceed. It's so much faster and efficient then the standard NICS background check especially for people like myself who live in NICS purgatory for a similar named prohibited person. I have a UPIN with NICS and still get a delayed about 6 out of 10 times in WA. In AZ, never a single problem ever!

 

[Doc In UPlace]

As I'm sure you're aware most other states is not named Washington. . I have people quoting me laws for Louisiana and California and to that I have to ask, "So?"

Good for Arizona but we ain't there!

This is the law here and this is the reality:
RCW 9.41.090(2)(b): "..dealer shall use the state system and national instant criminal background check system . . . to make criminal background checks of applicants to purchase firearms."

 

[Brutus57]

Last few purchases/transfers from 2 different FFL's with CHL has only pre-empted the waiting period. Maybe it's the proximity to Seattle.

My experience as well.

Brutus Out