NICS Exemption with CHL Question

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almostfree
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NICS Exemption with CHL Question

#1

Post by almostfree »

I am an Alaska resident with a Texas CHL back in Texas visiting family. I know that I cannot buy a pistol, but that I can buy a long gun. Would my Texas CHL still exempt me from the NICS requirement on a long gun purchase?

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Re: NICS Exemption with CHL Question

#2

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almostfree wrote:I am an Alaska resident with a Texas CHL back in Texas visiting family. I know that I cannot buy a pistol, but that I can buy a long gun. Would my Texas CHL still exempt me from the NICS requirement on a long gun purchase?
Unless you have something showing that you are a resident in Texas, I do not believe that any dealer will transfer a firearms to you directly. They certainly will ship it to Alaska for you.
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Re: NICS Exemption with CHL Question

#3

Post by jmra »

Something may have changed, but several years ago I overheard a FFL answer that question with a "no". The guy had a CA DL and a TX CHL. He was purchasing a rifle.
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Re: NICS Exemption with CHL Question

#4

Post by almostfree »

Unless you have something showing that you are a resident in Texas, I do not believe that any dealer will transfer a firearms to you directly.
I believe that I can legally buy a long gun, unless Texas has a state law prohibiting it. When I was a Texas resident living in Alaska, I was able to purchase a long gun from an FFL in Alaska without any problem.
Last edited by almostfree on Sat Dec 21, 2013 10:38 am, edited 2 times in total.
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Re: NICS Exemption with CHL Question

#5

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PBratton wrote:
almostfree wrote:I am an Alaska resident with a Texas CHL back in Texas visiting family. I know that I cannot buy a pistol, but that I can buy a long gun. Would my Texas CHL still exempt me from the NICS requirement on a long gun purchase?
Unless you have something showing that you are a resident in Texas, I do not believe that any dealer will transfer a firearms to you directly. They certainly will ship it to Alaska for you.
:headscratch I was at a Cabellas a few months ago when a guy with a CO DL bought and walked out of the store with a rifle.
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Re: NICS Exemption with CHL Question

#6

Post by jmra »

almostfree wrote:I believe that I can legally buy a long gun, unless Texas has a state law prohibiting it. When I was a Texas resident living in Alaska, I was able to purchase a long gun from an FFL without any problem.
I believe you are right about that. How do you plan on getting it home? Checked luggage?
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Re: NICS Exemption with CHL Question

#7

Post by almostfree »

I believe you are right about that. How do you plan on getting it home? Checked luggage?
US Mail. It is legal to mail a long gun to yourself in another state, though sometimes USPS tries to tell you that it isn't.
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Re: NICS Exemption with CHL Question

#8

Post by jmra »

almostfree wrote:
I believe you are right about that. How do you plan on getting it home? Checked luggage?
US Mail. It is legal to mail a long gun to yourself in another state, though sometimes USPS tries to tell you that it isn't.
That should work. Just wanted to make sure you weren't driving home with it. :mrgreen:
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Re: NICS Exemption with CHL Question

#9

Post by almostfree »

jmra wrote:That should work. Just wanted to make sure you weren't driving home with it. :mrgreen:
If this were summer time, I would load up my car with as much ammo as I could legally cross the border with and haul it up there. I haven't seen ammo in stock for the last year, except for 5.56 which is oddly plentiful. I'm glad to see things are easing up a little down here. I really miss online ammo orders!
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Re: NICS Exemption with CHL Question

#10

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almostfree wrote:
jmra wrote:That should work. Just wanted to make sure you weren't driving home with it. :mrgreen:
If this were summer time, I would load up my car with as much ammo as I could legally cross the border with and haul it up there. I haven't seen ammo in stock for the last year, except for 5.56 which is oddly plentiful. I'm glad to see things are easing up a little down here. I really miss online ammo orders!
That's right, most of the online folks don't ship to AK or HI. That's a bummer.

Side note: My boys have been bugging me about a trip to AK. Need to do it before they grow up and aren't interested in hanging with Dad anymore. If we make the trip this summer maybe I can haul some for you.
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Re: NICS Exemption with CHL Question

#11

Post by almostfree »

jmra wrote:Side note: My boys have been bugging me about a trip to AK. Need to do it before they grow up and aren't interested in hanging with Dad anymore. If we make the trip this summer maybe I can haul some for you.
Awesome! If you are able to make it up, come as late in the summer as you can manage. There are less people visiting, cheaper prices, and less mosquitoes. The perfect time to come is 9/1 to 9/15, because you get fall colors, no bugs, and the parks are still open. Unfortunately, most people with children can't make it up during that time because of school.
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Re: NICS Exemption with CHL Question

#12

Post by 03Lightningrocks »

almostfree wrote:
I believe you are right about that. How do you plan on getting it home? Checked luggage?
US Mail. It is legal to mail a long gun to yourself in another state, though sometimes USPS tries to tell you that it isn't.
I have gone through that ordeal a time or two. Postal employees often interpret the rules improperly. Even the supervisors have backed them up. I have actually left one post office and gone across town to a different one and had no problems. CRAZY!!
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Re: NICS Exemption with CHL Question

#13

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almostfree wrote:I am an Alaska resident with a Texas CHL back in Texas visiting family. I know that I cannot buy a pistol, but that I can buy a long gun. Would my Texas CHL still exempt me from the NICS requirement on a long gun purchase?
Technically, the answer is "yes."

Since you're transferring in the state for which the CHL was issued, the federal law _allows_ the waiver of the background check. However, the key word there is "allow."

Bottom line is that you can purchase a long gun here and ship it back to yourself in Alaska. Whether an FFL will will accept the CHL to avoid a background check is up to them. I'm guessing that most won't, because the guidance is buried pretty deeply in US Code 27 CFR 478.
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Re: NICS Exemption with CHL Question

#14

Post by Keith B »

OldCannon wrote:
almostfree wrote:I am an Alaska resident with a Texas CHL back in Texas visiting family. I know that I cannot buy a pistol, but that I can buy a long gun. Would my Texas CHL still exempt me from the NICS requirement on a long gun purchase?
Technically, the answer is "yes."

Since you're transferring in the state for which the CHL was issued, the federal law _allows_ the waiver of the background check. However, the key word there is "allow."

Bottom line is that you can purchase a long gun here and ship it back to yourself in Alaska. Whether an FFL will will accept the CHL to avoid a background check is up to them. I'm guessing that most won't, because the guidance is buried pretty deeply in US Code 27 CFR 478.
:iagree: I have seen instances where even a Texas resident with a CHL had a NICS check ran because the store employee didn't understand they could legally bypass it.
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Re: NICS Exemption with CHL Question

#15

Post by OldCannon »

Keith B wrote: :iagree: I have seen instances where even a Texas resident with a CHL had a NICS check ran because the store employee didn't understand they could legally bypass it.
Actually, some stores (like Academy) run background checks anyway, even though they know the CHL waives the requirement. It's VERY annoying to get an unnecessary NICS delay when you have a Texas CHL in your possession.
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