Question about LA CCW that maybe some can answer

[oldman45]

A person having a TX CCW can purchase a firearm and there is no call in for approval provided they show their CCW when filling out the federal form. I know of a few other states that have the same benefit.

I have not heard of that being the case in LA. Does the LA CCW have that benefit? While I have never shown mine at gun stores, the dealer I use the most knows I have one but never mentioned me using it for identification.

Anyone here got a correct answer?

 

[Leadfoot]

Having a Louisiana concealed handgun permit has absolutely NO bearing on having a NICS check done.

When you purchase a firearm in Louisiana, your information WILL BE CALLED IN to NICS, regardless of you having a concealed handgun permit, being a law enforcement officer, whatever.

 

[Tulse Luper]

Not valid here, but valid in some other states: The list:

http://www.atf.gov/firearms/brady-law/permit-chart.html

There are provisions for what constitutes a qualifying permit, supposedly, in the "permanent Brady law". I don't know what they are; the decisions were made by the ATF years ago from what I gather. I know this has been brought up here in the past, but I don't believe the law or the provisions for qualification were ever listed or linked?

This is related. From here:

http://www.atf.gov/publications/newsletters/ffl/ffl-newsletter-2004-08.pdf

5-YEAR PERIOD FOR
*GRANDFATHERED* PERMITS ENDS
The permanent provisions of the Brady law, 18
U.S.C. § 922(t) became effective November 30,
1998. Section 922(t) generally requires Federal
firearms licensees (FFLs) to initiate a National
Instant Criminal Background Check System
(NICS) check before transferring a firearm to an
unlicensed individual. However, the Brady law
contains a few exceptions to the NICS check
requirement, including an exception for holders of
certain State permits to possess, carry, or acquire
firearms.
In 1998, the Bureau of Alcohol, Tobacco, Firearms
and Explosives (ATF) wrote Open Letters to the
FFLs in every State, advising them whether
particular State permits qualified as a NICS check
alternative under permanent Brady. In many States,
ATF found that a permit that qualified as an
alternative under *interim Brady*, did not meet the
requirements to qualify as an alternative under
permanent Brady. However, ATF made a decision
to *grandfather* these permits. This meant they
could be used as an alternative to a NICS check
under permanent Brady for the duration of the
permit, but not to exceed five years from the date
of issuance.
As of November 30, 2003, all of the
grandfathered permits stopped qualifying as NICS
alternatives – either because they had expired or
because the five-year Federal limit had been
reached. Accordingly, as of November 30, 2003,
FFLs may no longer accept grandfathered permits
as an alternative to a NICS check. FFLs in affected
States should have received an open letter from
ATF in the fall of 2003 telling them to stop
accepting grandfathered permits.
An updated version of the *Permanent Brady
Permit Chart* is available on ATF’s Web site at:
http://www.atf.gov/firearms/bradylaw/
permit_chart.htm. We recommend you look at the
chart to see what, if any, permits in your State
continue to qualify as alternatives to a NICS check.
Beyond the expiration of the grandfathered
permits, there have been some additional changes
since November 1998. If you have any questions,
please contact your local ATF field office.

 

[themcfarland]

some states do have that, but we are not one, and it has been tried a few times and failed to pass.

 

[Leadfoot]

Oops, double post..

 

[Tulse Luper]

The bold bit is the only chunk of law I can find that specifies what can potentially qualify a permit over a NICS. Don't know if there's more.

http://www.gpo.gov/fdsys/pkg/USCODE-2011-title18/html/USCODE-2011-title18-partI-chap44-sec922.htm

(3) Paragraph (1) shall not apply to a firearm transfer between a licensee and another person if—
(A)(i) such other person has presented to the licensee a permit that—
(I) allows such other person to possess or acquire a firearm; and
(II) was issued not more than 5 years earlier by the State in which the transfer is to take place; and

(ii) the law of the State provides that such a permit is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a firearm by such other person would be in violation of law;

 

[oldman45]

I want to first say thank you to each of those replying and for all the great links supplied.

Now I am seriously considering working on getting such a law passed in LA so the good guys can purchase firearms easier.

As I understand, TX permitees have only been able to do this for about four years so if they can do it, so should LA.

Personally I am sick of being delayed and having to make another trip to pick up a gun when I am an honest, law abiding citizen. It really struck home a couple weeks ago when several were in a dedicated gun store that only sells guns or firearm accessories. A Caddo Parish Sheriff Deputy (in uniform). myself, a male with sagging pants his thug looking accomplice all bought handguns. The thuggish guy went first and was approved. the deputy went next and was delayed. I then went and was also delayed. The store owner asked us to remain for a while and we might get called back with approval. I got my gun two days later. Not sure when the deputy got his. Yet a guy that apparently could not speak in anything other than street terms, did not know how to dress for public and buying a handgun gets approved instantly.

Why can't the good guys here get the same treatment and benefits as TX.

And to all those here with long hair, sagging pants and bling, I am not singling you out. Your parents probably did their best to bring you up right.

 

[charlie12]

Years ago when I first got my CHP I bought a handgun from Sports Unlimited and they wrote my CHP number on the paper work and that was it. Can't do that anymore

 

[oldman45]

Years ago when I first got my CHP I bought a handgun from Sports Unlimited and they wrote my CHP number on the paper work and that was it. Can't do that anymore

I never got that benefit. I was one of the first 300 people in LA to get a CCW. I have a state commision in my wallet. I get checked out by some agency each year. Yet I get a delay more often than not. My name is unique and not one someone else would have. Never arrested, never had a domestic issue, fairly well known in law enforcement and I still get delayed.

 

[dawg23]

I never got that benefit. I was one of the first 300 people in LA to get a CCW. I have a state commision in my wallet. I get checked out by some agency each year. Yet I get a delay more often than not. My name is unique and not one someone else would have. Never arrested, never had a domestic issue, fairly well known in law enforcement and I still get delayed.

.

Maybe quit robbing those liquor stores ?

 

[alpinehyperlite]

So just showing the card automatically skips the check, or do they have a way to check that the card is actually valid? A ccw cars is like a drivers license, it can be suspended/cancelled and the individual could still have the card in their possession.

 

[Guate_shooter]

That was discussed on this board already a couple of years back in fact Allan with Geauxshooting had started the subject, the idea was for us to contact our politicians and start getting some sort of movement started for them to consider doing the change since Louisiana will fall under the "approved" States since we not only do a State Background check for a CHP.

I dont think it ever move forward though but I do remember the subject

 

[oldman45]

So just showing the card automatically skips the check, or do they have a way to check that the card is actually valid? A ccw cars is like a drivers license, it can be suspended/cancelled and the individual could still have the card in their possession.

I was in Marshall, TX this morning with a TX resident. He bought a rifle from a pawn shop and just showed his permit and filled out the fed form, paid for the gun and walked out. Took all of five minutes. He had looked at the gun days ago and decided to buy it this morning.