TexasCHLforum.com

Hello everyone. I am new to the forum and fairly new to TX. I have a FL non resident permit that still has about 3 yrs on it. I got it when I was a resident of Louisiana based simply off the fact that I did not have to waste my time taking a class and going to a range. I spent 0 yrs in the Marine Corps and 1 tour to Afghan and 1 to Iraq so I think I am well versed in shooting firearms. Fl waives that with my dd214 so I am good with that and will keep FL. My question is I recently found out that CHL holders do not have to have a background check done when purchasing. Is this only for TX permits or any permit that is valid? If so what do I do? Just go in pick out the weapon and notify the gun shop person that I have a CHL and show it and just pay and go?

Thanks!!

Short answer: Yes it has to be a Texas LTC for a transfer from a Texas FFL.

Long answer: 18 USC 922(t) says

(1) Beginning on the date that is 30 days after the Attorney General notifies licensees under section 103(d) of the Brady Handgun Violence Prevention Act that the national instant criminal background check system is established, a licensed importer, licensed manufacturer, or licensed dealer shall not transfer a firearm to any other person who is not licensed under this chapter

...

(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

https://www.law.cornell.edu/uscode/text/18/922#t

This is also why Texas LTC's expire after 5 years, if it was any longer we'd lose the NICS exemption. For what it's worth, Florida licenses are good for 7 years so they don't qualify for a NICS exemption even for a licensee being transferred a gun from a Florida FFL.

Buyer still needs to complete a 4473,regardless of license exemption.
No grab, pay and go..

If I am not mistaken, your current FL non-resident license is only valid with a current address on it.

I spent 4 years in the Army in a combat unit (Artillery) and never once fired a handgun. So having military service does not mean that one is familiar with the operation of handguns. Heck, they even give DD-214's to REMF's last I checked.

That said, I personally favor constitutional carry, and don't think there should be a test of any type (written or shooting) to exercise our God given rights. But I also believe that everyone has a responsibility to train with the gun(s) they plan to carry and use.

So this exemption only applies to Texas CHL's is what I'm gathering. No big deal it would it be nice to just fill out the paperwork and walk out since I'm always delayed for some reason usually a day or 2. I'm willing to do that vs wasting half of my Saturday sitting in a class. And yes I know not all military members fire pistols, yet we all are taught firearm safety and if you can fire rifles, lmg's, grenade launchers, the 50, and so forth common sense should be that this person can fire a handgun. Just my thoughts on that matter. But thanks for the reply's on this issue and everyone take care.

roecityryder wrote:My question is I recently found out that CHL holders do not have to have a background check done when purchasing. Is this only for TX permits or any permit that is valid? If so what do I do? Just go in pick out the weapon and notify the gun shop person that I have a CHL and show it and just pay and go?

Have you purchased a gun in the past 20 years? If so, the process is essentially the same as last time The forms may look slightly different but nothing major. As a buyer, the process is essentially the same whether or not you have a license to carry. It's different for the FFL but it shouldn't take more than a few minutes extra to make the call, unless your name is Jason Derek Brown or something, but even then I think you can get a redress number to speed things up if you're not the one on the Most Wanted list.

roecityryder wrote:So this exemption only applies to Texas CHL's is what I'm gathering. No big deal it would it be nice to just fill out the paperwork and walk out since I'm always delayed for some reason usually a day or 2. I'm willing to do that vs wasting half of my Saturday sitting in a class. And yes I know not all military members fire pistols, yet we all are taught firearm safety and if you can fire rifles, lmg's, grenade launchers, the 50, and so forth common sense should be that this person can fire a handgun. Just my thoughts on that matter. But thanks for the reply's on this issue and everyone take care.

The class is not designed to teach you to shoot, it's more to help cover the laws and restrictions and familierize you with how to carry in Texas with an LTC. Besides the NICS bypass, with a Texas LTC you also get the Gun Free School Zone 1000 foot exemption and get reciprocity with states that don't honor a non-resident permit. I would say it would not be a waste of time.

BBYC wrote:

roecityryder wrote:My question is I recently found out that CHL holders do not have to have a background check done when purchasing. Is this only for TX permits or any permit that is valid? If so what do I do? Just go in pick out the weapon and notify the gun shop person that I have a CHL and show it and just pay and go?

Have you purchased a gun in the past 20 years? If so, the process is essentially the same as last time The forms may look slightly different but nothing major. As a buyer, the process is essentially the same whether or not you have a license to carry. It's different for the FFL but it shouldn't take more than a few minutes extra to make the call, unless your name is Jason Derek Brown or something, but even then I think you can get a redress number to speed things up if you're not the one on the Most Wanted list.

I have purchased several, what I was asking was simply does the CHL eliminate the gun shop from having to call in the background form? I read that it does in which in Louisiana where I'm from it doesn't matter if u do or don't have a CHL they still call you in. Not that that is a big deal because I am good to go, but I always get delayed and if this would eliminate having to have my info called in in which I know 9 out of 10 I will be delayed will be great.

roecityryder wrote:

BBYC wrote:

roecityryder wrote:My question is I recently found out that CHL holders do not have to have a background check done when purchasing. Is this only for TX permits or any permit that is valid? If so what do I do? Just go in pick out the weapon and notify the gun shop person that I have a CHL and show it and just pay and go?

Have you purchased a gun in the past 20 years? If so, the process is essentially the same as last time The forms may look slightly different but nothing major. As a buyer, the process is essentially the same whether or not you have a license to carry. It's different for the FFL but it shouldn't take more than a few minutes extra to make the call, unless your name is Jason Derek Brown or something, but even then I think you can get a redress number to speed things up if you're not the one on the Most Wanted list.

I have purchased several, what I was asking was simply does the CHL eliminate the gun shop from having to call in the background form? I read that it does in which in Louisiana where I'm from it doesn't matter if u do or don't have a CHL they still call you in. Not that that is a big deal because I am good to go, but I always get delayed and if this would eliminate having to have my info called in in which I know 9 out of 10 I will be delayed will be great.

If you are getting delayed 9 out of 10 times they do a NICS check, then you should definitely look into getting a redress number.

roecityryder wrote:

BBYC wrote:

roecityryder wrote:My question is I recently found out that CHL holders do not have to have a background check done when purchasing. Is this only for TX permits or any permit that is valid? If so what do I do? Just go in pick out the weapon and notify the gun shop person that I have a CHL and show it and just pay and go?

Have you purchased a gun in the past 20 years? If so, the process is essentially the same as last time The forms may look slightly different but nothing major. As a buyer, the process is essentially the same whether or not you have a license to carry. It's different for the FFL but it shouldn't take more than a few minutes extra to make the call, unless your name is Jason Derek Brown or something, but even then I think you can get a redress number to speed things up if you're not the one on the Most Wanted list.

I have purchased several, what I was asking was simply does the CHL eliminate the gun shop from having to call in the background form? I read that it does in which in Louisiana where I'm from it doesn't matter if u do or don't have a CHL they still call you in. Not that that is a big deal because I am good to go, but I always get delayed and if this would eliminate having to have my info called in in which I know 9 out of 10 I will be delayed will be great.

It doesn't eliminate it per-say, you fill out the form as normal but they take a copy of DL and LTC and fill out some extra info on their side but don't have to call it in. I've heard of shops still calling it in, but the LTC removes the requirement to run the check. If I remember correctly, it is due to the stringent nature of the TX LTC background check when you apply that it's technically more substantial than NICS.

Some stores, mostly big box, will still call in the check even with the Texas LTC. Just because it is not required by Texas, the store policy may be to call regardless.

twomillenium wrote:If I am not mistaken, your current FL non-resident license is only valid with a current address on it.

What address?

roecityryder wrote:So this exemption only applies to Texas CHL's is what I'm gathering. No big deal it would it be nice to just fill out the paperwork and walk out since I'm always delayed for some reason usually a day or 2. I'm willing to do that vs wasting half of my Saturday sitting in a class. And yes I know not all military members fire pistols, yet we all are taught firearm safety and if you can fire rifles, lmg's, grenade launchers, the 50, and so forth common sense should be that this person can fire a handgun. Just my thoughts on that matter. But thanks for the reply's on this issue and everyone take care.

I understand how you feel, years ago when the state wanted those who didn't have digital prints to get them, the place I went only accepted check or money order. There was a young man (younger than me by 20 years) who was active military but getting out in a few months and getting his then CHL he brought cash and had a out of state check. They allowed me to pay for his prints, he said that it was hard for him to believe that active military had to take the class and fingerprints and that it should be automatic. I asked if he felt comfortable with everyone in his company have concealed carry without instruction. He pondered a moment, then smiled and said "I see what you mean".