CHL and BATF "instant check" requirement?

[skeezix]

If I recall correctly, the BATF will honor a Texas CHL for 4 years (subsequent to the issue date) in lieu of the "instant check telephone call" when buying a handgun from a licensed dealer. The Texas CHLs are now valid for 5 years.

So, does this mean that during the 5th year of the CHL the "instant check telephone call" will be required for handgun purchases? Or has the BATF changed the 4 year limitation?

Or is this the wrong place to ask?

[seamusTX]

The bottom line is, don't worry about it.

What you're talking about is the National Instant Check System (NICS). It has little to do directly with BATFE. Federal law allows a holder of concealed weapon permit or license to bypass NICS for five years from the date of the background check.

Apparently they allow some wiggle room, since your background check might have been performed months before the license was issued. As far as I iknow, Texas FFLs will honor your CHL until the expiration date.

http://www.atf.gov/firearms/bradylaw/permit_chart.htm" onclick="window.open(this.href);return false;

Texas CHLs don't have an issue date printed on them, although the application date is encoded in the little numbers next to the photo if you send DPS two empty ammo boxes and $1.95 for the secret decoder ring.

- Jim

[skeezix]

Thanks, Jim.

[seamusTX]

You're welcome.

Since I had some time on my hands, I looked up the law that covers this topic. It is 18 U.S.C. 922(t)(3):

Paragraph (1) [requiring a NICS inquiry] 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 ...

What I meant about BATFE "not having much to do with it" was that they administer the law for FFLs, but the FBI oversees the operation of NICS.

The federal government is so wonderfully streamlined.

- Jim

[ELB]

What I meant about BATFE "not having much to do with it" was that they administer the law for FFLs, but the FBI oversees the operation of NICS.

The federal government is so wonderfully streamlined.

- Jim

In general, an "unstreamlined" government is might be a good thing...

And I would much prefer that the BATFE not have anything to do with background checks (or much else to do with guns, for that matter). Here, you might find this interesting. Nothing to do with background checks or gunowner issues, but lots to do with the BATFE: http://www.cleanupatf.org/" onclick="window.open(this.href);return false;

[seamusTX]

In general, an "unstreamlined" government is might be a good thing...

I agree in general, but in the case of NICS (for those who are subject to it), two government agencies have an opportunity to ruin your whole week.

- Jim

[Mike1951]

If I recall correctly, the BATF will honor a Texas CHL for 4 years (subsequent to the issue date) in lieu of the "instant check telephone call" when buying a handgun from a licensed dealer. The Texas CHLs are now valid for 5 years.

So, does this mean that during the 5th year of the CHL the "instant check telephone call" will be required for handgun purchases? Or has the BATF changed the 4 year limitation?

Or is this the wrong place to ask?

Actually, this is backwards. The Texas CHL was originally issued for two or four years. The qualification for NICS had been 5 years.

Texas just extended the term of the CHL's from four to five years to coincide with the NICS exemption.

[stash]

The only retailer that has ever looked at those little numbers adjacent to the photo on the CHL when I have made a gun purchase is Academy Sports. This fellow took the CHL out of my wallet and found a date somewhere in those numbers. By far, for me it takes longer to purchase a firearm at Academy Sports (about 45 minutes) than any place else but there prices are pretty good.

To me not having to do the NICS check is no big deal but I have a pretty uncommon name so I don't have any problems there. I am in the middle of my first renewal and I have made purchase both ways, i.e. CHL presentation and NICS check.