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Utah CHP Question
Posted: Fri Oct 03, 2008 8:13 am
by dwhitley
I know with a Texas CHL you can get a handgun with out waiting for the background check done by the seller, is this the same with the Utah License here in Texas?
Re: Utah CHP Question
Posted: Fri Oct 03, 2008 8:32 am
by barres
IIRC, and I'm going strictly on memory without looking up the codes, to be exempt from the NICS check, you must have a CHL from the state in which you reside that includes the proper background checks. So I believe that a Utah non-resident license would not exempt you from the NICS check when buying a firearm.
Re: Utah CHP Question
Posted: Fri Oct 03, 2008 10:34 am
by dwhitley
You may be right, because when I bought my Glock he asked me if I had a Texas CHL... Still curious I mean 10 minutes is not a big deal to wait anyway... But what about a gun show?
Re: Utah CHP Question
Posted: Fri Oct 03, 2008 10:44 am
by LarryH
If you buy from a recognized dealer at a gun show (think AJC Sports or Bachman or Schramm or AAMI), they would still run the NICS check even with your Utah license. If you have a Texas CHL, you'll still have to fill out the 4473 form, but they won't run the NICS check.)
If you buy from a private party, he/she will not (most private parties aren't set up to run the NICS check) -- it's been our experience that they may check whether the address on your check (if they will accept a check) matches the one on your DL, but that's about it.
Re: Utah CHP Question
Posted: Fri Oct 03, 2008 11:04 am
by barres
Licensed dealers (FFL's) have to run an NICS check on firearm sales regardless of where those sales occur (in store or at a gun show). What gun show loophole are the anti's always yakking about? Unless, of course, you have an exemption from the NICS check in the form of a Texas CHL. Private sales (from someone who does not hold an FFL) are not governed by the NICS, because only licensees can access the system.