Is the FBI backround check for a LTC different than the NICS when purchasing a firearm?

[puma guy]

I had an online discussion with a person that said you don't avoid a background check by using your LTC exemption when purchasing a gun by saying you His response to someone saying Quote: "When you decide to get a firearm, you get to bypass the NICS background check." To which he replied Quote: "You can’t avoid NICS in a commercial sale…" His argument was it's a de facto background check. I relied you most certainly bypass NICS using the exemption. His replied that tacking advantage of the exemption is a de facto back ground check. I argued that the NICS was not the same as the FBI Criminal History Background Check done after they receive your finger prints when applying for a carry permit. My assumption, right or wrong, is that the NICS doesn't entail the full much more detailed FBI background check, rather a confirmation that there is data available that you're eligible to own a gun and have no criminal history. Anyone know what NICS entails and if it's similar or different than the full tilt boogie version?

[ScottDLS]

I had an online discussion with a person that said you don't avoid a background check by using your LTC exemption when purchasing a gun by saying you His response to someone saying Quote: "When you decide to get a firearm, you get to bypass the NICS background check." To which he replied Quote: "You can’t avoid NICS in a commercial sale…" His argument was it's a de facto background check. I relied you most certainly bypass NICS using the exemption. His replied that tacking advantage of the exemption is a de facto back ground check. I argued that the NICS was not the same as the FBI Criminal History Background Check done after they receive your finger prints when applying for a carry permit. My assumption, right or wrong, is that the NICS doesn't entail the full much more detailed FBI background check, rather a confirmation that there is data available that you're eligible to own a gun and have no criminal history. Anyone know what NICS entails and if it's similar or different than the full tilt boogie version?

The FBI doesn't do the background checks for Texas LTC. The Texas Department of Public Safety does. However, in order for Texas LTC to qualify for waiving the NICS check on purchases from FFL, the DPS, must perform a NICS check and find you eligible to purchase. This must be done every 5 years at least which is when the license gets renewed. DPS may use the FBI operated criminal records and warrants database (NCIC) as part of its check. But that is not the FBI doing the background check. There is no way the FBI would do the background check for every state LTC, it would take way too long. NCIC <> NICS <> "FBI does the check".

[puma guy]

I had an online discussion with a person that said you don't avoid a background check by using your LTC exemption when purchasing a gun by saying you His response to someone saying Quote: "When you decide to get a firearm, you get to bypass the NICS background check." To which he replied Quote: "You can’t avoid NICS in a commercial sale…" His argument was it's a de facto background check. I relied you most certainly bypass NICS using the exemption. His replied that tacking advantage of the exemption is a de facto back ground check. I argued that the NICS was not the same as the FBI Criminal History Background Check done after they receive your finger prints when applying for a carry permit. My assumption, right or wrong, is that the NICS doesn't entail the full much more detailed FBI background check, rather a confirmation that there is data available that you're eligible to own a gun and have no criminal history. Anyone know what NICS entails and if it's similar or different than the full tilt boogie version?

The FBI doesn't do the background checks for Texas LTC. The Texas Department of Public Safety does. However, in order for Texas LTC to qualify for waiving the NICS check on purchases from FFL, the DPS, must perform a NICS check and find you eligible to purchase. This must be done every 5 years at least which is when the license gets renewed. DPS may use the FBI operated criminal records and warrants database (NCIC) as part of its check. But that is not the FBI doing the background check. There is no way the FBI would do the background check for every state LTC, it would take way too long. NCIC <> NICS <> "FBI does the check".

Thanks. Learned something new. It makes sense that the state does the check for the LTC, but I would think the search would include info from the federal level.

[ScottDLS]

I had an online discussion with a person that said you don't avoid a background check by using your LTC exemption when purchasing a gun by saying you His response to someone saying Quote: "When you decide to get a firearm, you get to bypass the NICS background check." To which he replied Quote: "You can’t avoid NICS in a commercial sale…" His argument was it's a de facto background check. I relied you most certainly bypass NICS using the exemption. His replied that tacking advantage of the exemption is a de facto back ground check. I argued that the NICS was not the same as the FBI Criminal History Background Check done after they receive your finger prints when applying for a carry permit. My assumption, right or wrong, is that the NICS doesn't entail the full much more detailed FBI background check, rather a confirmation that there is data available that you're eligible to own a gun and have no criminal history. Anyone know what NICS entails and if it's similar or different than the full tilt boogie version?

The FBI doesn't do the background checks for Texas LTC. The Texas Department of Public Safety does. However, in order for Texas LTC to qualify for waiving the NICS check on purchases from FFL, the DPS, must perform a NICS check and find you eligible to purchase. This must be done every 5 years at least which is when the license gets renewed. DPS may use the FBI operated criminal records and warrants database (NCIC) as part of its check. But that is not the FBI doing the background check. There is no way the FBI would do the background check for every state LTC, it would take way too long. NCIC <> NICS <> "FBI does the check".

Thanks. Learned something new. It makes sense that the state does the check for the LTC, but I would think the search would include info from the federal level.

The search may very well include something from the FBI/national databases, hence the fingerprints. But the FBI doesn't "do the background check". They just maintain some of the national systems, which are actually fed by state and local police departments and courts.

[srothstein]

Thanks. Learned something new. It makes sense that the state does the check for the LTC, but I would think the search would include info from the federal level.

The Texas Crime Information Center (TCIC) computers and the National Crime Information Center (NCIC) computers are programmed to work together so almost all queries are run through both systems at the same time. It is possible to run queries through just TCIC but about the only time you do that is for local Texas information (like Texas license plates or Texas driver's licenses). But to show just how connected the systems are, even if I run a Texas DL or registration, it gets the data locally but also automatically runs stolen/wanted checks through both systems.