How does the NICS check differ from the Check to get your Handgun Permit?

How does the NICS check differ from the Check to get your Handgun Permit?

This is a discussion on How does the NICS check differ from the Check to get your Handgun Permit? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; How does the NICS check differ from the Check to get your Handgun Permit? Federal law generally requires that licensed firearms dealers conduct a background ...

Results 1 to 8 of 8
  1. #1
    Member Array IndianaJones's Avatar
    Join Date
    Jul 2006
    Location
    Indiana
    Posts
    24

    Question How does the NICS check differ from the Check to get your Handgun Permit?

    How does the NICS check differ from the Check to get your Handgun Permit?

    Federal law generally requires that licensed firearms dealers conduct a background check on all prospective firearms purchasers to ensure that such persons are not prohibited from buying or possessing a firearm. This background check requirement and the National Instant Criminal Background Check System (“NICS”) were enacted through the Brady Handgun Violence Prevention Act, pursuant to Public Law 103-159, and codified at 18 U.S.C. § 921 et seq. Federal law defines a number of classes of prohibited purchasers (including felons, fugitives, persons adjudicated as “mental defectives” or those committed to mental institutions), and leaves to the states the power to determine additional classes. (For a complete list of federally prohibited purchasers, click here.)

    Under the Brady Act, states have the option of serving as a “state point of contact” and conducting their own background checks using NICS and state informational records and databases, or having the checks performed by the FBI using only NICS. Federal law does not require that private sellers (persons other than firearms dealers) conduct background checks on prospective purchasers.

    In Indiana, all firearms transfers by licensed dealers are processed directly through either the Indiana State Police (handguns) or the FBI (long guns; i.e., rifles and shotguns), which agency enforces the federal purchaser prohibitions referenced above. Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, Midyear 2004 (August 2005). In addition, Indiana has adopted other classes of prohibited persons, and incorporated some of the federal prohibitions as state offenses.

    Indiana Code Annotated § 35-47-2.5-4, as amended by 2006 Ind. House Enrolled Act No. 1176 prohibits a dealer from transferring a handgun to a person until the dealer has "contacted NICS...to request a background check," and "received authorization from NICS to transfer the handgun to the prospective purchaser."

    Under section 35-47-2-7(b), a person may not transfer a handgun to an individual who the person has reasonable cause to believe:

    Has been convicted of a felony or adjudicated a delinquent child for an act that would be a felony if committed by an adult, if the person seeking to obtain ownership or possession of the handgun is less than 23 years of age;

    Is a drug abuser;

    Is an alcohol abuser; or

    Is mentally incompetent.

    Any person convicted of domestic battery under section 35-42-2-1.3, or any person convicted of committing, attempting to commit, or conspiring to commit a serious violent felony, is prohibited from possessing a firearm. Sections 35-47-4-5, 35-47-4-6. For other provisions related to domestic violence and firearms, see sections 34-26-5-3 and 34-26-5-9.

    Persons convicted of domestic battery under section 35-42-2-1.3 may not possess or carry a handgun under any circumstances, unless the person's right to possess a firearm has been restored under sections 3-7-13-5 or 33-28-4-8. Section 35-47-2-1(b).

    Firearms transfers by private sellers (non-firearms dealers) are not subject to background checks in Indiana, although federal and state purchaser prohibitions still apply. However, section 35-47-2-8 specifically notes that the handgun sales regulations under Chapter 35-47-2 (i.e., the prohibited purchaser prohibitions) apply equally to an occasional sale, trade, or transfer between individual persons and to retail transactions between dealers and individual persons. See the Indiana Private/Secondary Sales section.

    http://www.lcav.org/states/indiana.asp#bradylaw


  2. #2
    Member Array SoftPoint's Avatar
    Join Date
    Jun 2006
    Location
    USA
    Posts
    20
    Here in Colorado, I recently inquired through the Colorado Bureau of investigation the very thing you ask. The CBI serves as the POC for both the instant check and CCW prmits. The CBI contacts the Insta-Check system. IF there are any hits,, they then go to the specific state database to get specifics and dispositions, to detemine purchaser eligibilty. They also check nation wide mental health records. For CCW, the local sheriff sends fingerprints to FBI for basically the same check, with the fingerprings checking identity, in case of aliases. If a hit is found, they then access the states database where the hit is found, for info, and disposition. After receiving FBI report, the local sheriff than investigates any local info, i.e.or person of interest files, to see if sheriffs have visited you for getting in your neighbors face for example, or repeated visits by sheriff for lewd or violence issues. If sheriff find verifiable and recorded evidence you could be a threat, he can still deny you.

  3. #3
    VIP Member
    Array gunthorp's Avatar
    Join Date
    Aug 2005
    Location
    home office
    Posts
    2,355
    As a firearms dealer, I must comply with the federal NICS on any sale or transfer, long gun or hand gun. They're not supposed to keep the info in their database, and I don't know the criteria they use for their answer.

    The permit to carry is a state thing, and some states are more exhaustive in their background checks. Some require annual checks during their 5 yr permits. Ask the clerks who do the checks.
    Liberty, Property, or Death - Jonathan Gardner's powder horn inscription 1776

    Tu ne cede malis, sed contra audentior ito.
    ("Do not give in to evil but proceed ever more boldly against it.")
    -Virgil, Aeneid, vi, 95

  4. #4
    Member Array soundwave's Avatar
    Join Date
    Jul 2006
    Location
    Arizona
    Posts
    356
    Your permit is done through your state-level law enforcement agency with a localized background check (feds don't have access to state systems, generally) and your fingerprints are then handed off to the FBI to do a full criminal history check for all 50 states and the territories. Your fingerprints are absolute proof of who you are and if you've never submitted prints on an FBI card, it creates your FBI record file.

    The NICS is done exclusively by the FBI. They run a full criminal history check for all the 50 states plus the territories, but using the information that you put on your BATF form rather than relying on your fingerprints. If you've never submitted fingerprints on an FBI card then you have no FBI record file, it's only a check.

    The permit is more thorough as your fingerprints are checked against anything possible along with your information. While you may have never been convicted of a crime, if your fingerprints are attached to a "wanted" record for a crime it will match while the regular check won't because there is no name attached to the record. Also, because you will have an FBI record created, your prints are now checked against any new additions to the "wanted" records for future crimes.

    Hope that helps.

    Cheers.

    Edit! Additionally, if someone that is prohibited from receiving a gun attempts to buy one, a message is sent by NICS through a national law enforcement "messaging system" that all law enforcement agencies have that will notify anyone within that state that the person is attempting to purchase a firearm and where they currently are. For those familiar with how the system works, this will only happen for those persons that receive the outright "denied" response rather than "delay... delay... delay... delayed" response. The "delay" response means that there is usually too many returned records that are too close to that person's information and needs to be checked closely and cannot be resolved "instantly".
    Last edited by soundwave; September 18th, 2006 at 07:10 AM. Reason: additional information

  5. #5
    Distinguished Member Array RSSZ's Avatar
    Join Date
    Mar 2005
    Location
    USA
    Posts
    1,843
    Good info here,thanks guys.

    Have heard rumors(?) here in Fla. of a BG attempting to purchase a firearm,and 15 minutes later the LEO's arrive at the gunshop to question the subject.

    Is this/could this be true. Certinly hope so. Or would this be "too" easy. Kinda like,"you've just won the lottery.Come on down to claim your prize". -------

  6. #6
    Administrator
    Array QKShooter's Avatar
    Join Date
    Dec 2004
    Location
    Off Of The X
    Posts
    35,433
    Very Good Thread & Great Info - Thanks folks.
    Liberty Over Tyranny Μολὼν λαβέ

  7. #7
    Member Array soundwave's Avatar
    Join Date
    Jul 2006
    Location
    Arizona
    Posts
    356
    Quote Originally Posted by RSSZ View Post
    Have heard rumors(?) here in Fla. of a BG attempting to purchase a firearm,and 15 minutes later the LEO's arrive at the gunshop to question the subject.

    Is this/could this be true. Certinly hope so.
    Yes, as I said in my edited portion of my post. A message goes out from NICS to all law enforcement in that state with the name, description and location of the BG that tries to purchase a firearm. It will also give his current address that he used on the form sometimes. We don't get a lot of them, but they do come in every once and awhile.

    The answer that I gave also usually cannot be given by a LEO. Most LEOs do not receive these messages. In most departments only the people that enter in "wanted" or "stolen" records or people in dispatch get these messages.

    Cheers.

  8. #8
    Distinguished Member Array AKsrule's Avatar
    Join Date
    Dec 2004
    Location
    Pennsylvania
    Posts
    1,387
    Every State has Differences.

    My state ( PA ) requires no permit to purchase.

    NO Fingerprints are required for a CCL ( carry license).

    And even after you HAVE a CCL - you still do the NICS
    everytime you buy a gun.
    -------
    -SIG , it's What's for Dinner-

    know your rights!
    http://www.handgunlaw.us

    "If I walk in the woods, I feel much more comfortable carrying a gun. What if you meet a bear in the woods that's going to attack you? You shoot it."
    {Bernhard Goetz}

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Does your State charge you for a NICS check?
    By CLASS3NH in forum General Firearm Discussion
    Replies: 45
    Last Post: December 14th, 2011, 03:18 AM
  2. Buy rifle in another state w/NICS check, need FFL to take home?
    By Ananael in forum Defensive Rifles & Shotgun Discussion
    Replies: 16
    Last Post: September 16th, 2010, 01:51 PM
  3. Permit: Finally. Gun: Check. Holster? HELP! -S&W M&P
    By tommyp in forum Defensive Carry Holsters & Carry Options
    Replies: 29
    Last Post: September 9th, 2010, 10:58 PM
  4. Antifreeze-check, wiper blades-check, ammo?
    By BuckeyeEric in forum Defensive Ammunition & Ballistics
    Replies: 7
    Last Post: October 6th, 2009, 05:29 PM
  5. NICS Check
    By bballer4life in forum General Firearm Discussion
    Replies: 24
    Last Post: January 10th, 2008, 11:12 PM

Search tags for this page

ccw fbi background check
,
check my own nics records
,
fbi background check for ccw
,
indiana gun permit background check
,
indiana gun permit mental health
,
indiana nics
,
lying on nics
,
ncis check
,
nics background check
,

nics check

,
what is a nics check
,
what is nics check
Click on a term to search for related topics.

» Log in

User Name:

Password:

Not a member yet?
Register Now!

» DefensiveCarry Sponsors