Bypass NICS with CCW Permit?

[crabjoe]

Being that I'm always NICS delayed, and from my understanding, WV allows a bypass of NICS if the buyer has a WV CCW Permit. I've heard it doesn't work for non-residents for long guns, but I haven't been able to fins any WV law that forbids it. Tonight I found the below. Does that mean, as a non-resident of WV, once I get my WV CCW, I can bypass the NICS check in WV? It sure looks like it, assuming WV doesn't have a law against it for non-residents they've issued a permit to.

ATF has recognized the concealed weapons permits in State A and State B as valid alternatives to a NICS check. Can a resident of State A use a concealed weapons permit issued by State A to purchase a long gun in State B without undergoing a NICS chec

No. A permit qualifies as a NICS alternative only if it was issued by the state in which the transfer is to take place. [18 U.S.C. 922(t); 27 CFR 478.102(d)]

www.atf.gov

 

[adit]

Being that I'm always NICS delayed, and from my understanding, WV allows a bypass of NICS if the buyer has a WV CCW Permit. I've heard it doesn't work for non-residents for long guns, but I haven't been able to fins any WV law that forbids it. Tonight I found the below. Does that mean, as a non-resident of WV, once I get my WV CCW, I can bypass the NICS check in WV? It sure looks like it, assuming WV doesn't have a law against it for non-residents they've issued a permit to.

ATF has recognized the concealed weapons permits in State A and State B as valid alternatives to a NICS check. Can a resident of State A use a concealed weapons permit issued by State A to purchase a long gun in State B without undergoing a NICS chec

No. A permit qualifies as a NICS alternative only if it was issued by the state in which the transfer is to take place. [18 U.S.C. 922(t); 27 CFR 478.102(d)]

www.atf.gov

View attachment 434387

NO.

You are not a resident of WV, so you can't bypass NICS with a WV NR permit.

https://www.atf.gov/file/5221/download#:~:text=Furthermore%2C%2018%20U.S.C.,examining%20a%20valid%20identification%20document.

 

[crabjoe]

NO.

You are not a resident of WV, so you can't bypass NICS with a WV NR permit.

https://www.atf.gov/file/5221/download#:~:text=Furthermore%2C%2018%20U.S.C.,examining%20a%20valid%20identification%20document.

Well that sux for me!

 

[outrider58]

Well that sux for me!

You need to get a UPIN to avoid getting hung up on 4473

I keep getting wrongfully denied for a firearms license. Is there a way to avoid this happening? | Bureau of Alcohol, Tobacco, Firearms and Explosives

You may avoid delays in the firearm licensing process by obtaining a unique personal identification number (UPIN) which is assigned by the Federal Bureau of Investigation (FBI) during the voluntary appeal file (VAF) process. It’s created for applicants who frequently experience delays or have...

www.atf.gov

 

[rbird7282]

You need to get a UPIN to avoid getting hung up on 4473

I keep getting wrongfully denied for a firearms license. Is there a way to avoid this happening? | Bureau of Alcohol, Tobacco, Firearms and Explosives

You may avoid delays in the firearm licensing process by obtaining a unique personal identification number (UPIN) which is assigned by the Federal Bureau of Investigation (FBI) during the voluntary appeal file (VAF) process. It’s created for applicants who frequently experience delays or have...

www.atf.gov

This. Will make your long gun buying life much easier


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[DaemonAssassin]

Being that I'm always NICS delayed, and from my understanding, WV allows a bypass of NICS if the buyer has a WV CCW Permit. I've heard it doesn't work for non-residents for long guns, but I haven't been able to fins any WV law that forbids it. Tonight I found the below. Does that mean, as a non-resident of WV, once I get my WV CCW, I can bypass the NICS check in WV? It sure looks like it, assuming WV doesn't have a law against it for non-residents they've issued a permit to.

ATF has recognized the concealed weapons permits in State A and State B as valid alternatives to a NICS check. Can a resident of State A use a concealed weapons permit issued by State A to purchase a long gun in State B without undergoing a NICS chec

No. A permit qualifies as a NICS alternative only if it was issued by the state in which the transfer is to take place. [18 U.S.C. 922(t); 27 CFR 478.102(d)]

www.atf.gov

View attachment 434387

No you do not get to do a NICS exemption. The WV NICS exemption law was passed back when WV was only issuing CCW permits to residents. As such, just because they now offer a non-resident permit, does not mean you are able to get a NICS exemption under WV state law. Furthermore, some FFL's in WV will not do a NICS exemption 4473 on residents, because they have been burned in the past by people that were in fact prohibited.

 

[cmartin]

I have found Daemon to be correct. WV Resident and CCW and still have to do NICS at stores I use.

 

[crabjoe]

Well.. I picked up a shotgun for my kid's 13th birthday today and I didn't go into DELAY. I took less than 10 mins, possibly, less than 5. When the gun shop told me I was good to go, I was like "What, it said proceed and not delay?" I was so excited, I grabbed the box and took off for home! LOL The only think different this time than past is that he had me use the weight on my DL, instead of my actual weight.

 

[DaemonAssassin]

I have found Daemon to be correct. WV Resident and CCW and still have to do NICS at stores I use.

Oh do I have stories for you...