Utah CFP - NICS Check in Texas?

BCRdreamer · #1

I recently obtained a Utah CFP. I do not have a Texas CHL. Was picking up a new gun today from my FFL. I showed him my Utah CFP but we both agreed he should still do the NICS check. But we also agreed it would be good to know for sure whether this is still required by law. I promised to poll this forum. QUESTION: IF A TEXAS RESIDENT HAS A PERMIT/LICENSE FROM A STATE WITH A RECIPROCITY AGREEMENT WITH TEXAS, IS THIS CONSIDERED A VALID REASON FOR GRANTING AN EXCEPTION TO THE NICS CHECK WHEN SAID TEXAS RESIDENT IS PURCHASING A FIREARM IN TEXAS?

Thanks in advance!

Mithras61 · #2

I don't know that a CHL or CFP qualifies based on state of residence. It qualifies as a Federal NICS exemption (http://www.atf.gov/firearms/bradylaw/permit_chart.htm). I can't see how it would not qualify if it has an address, and you have a TDL with the same address on it.

KBCraig · #3

Mithras61 wrote:I don't know that a CHL or CFP qualifies based on state of residence.

It does. As part of the transition from the temporary Brady provisions to the permanent NICS system, ATF established the "alternative NICS checks" such as CHLs.

Part of those rules require the permit or license to be issued by the state in which the transaction takes place. So, your UT license would let you avoid NICS in Utah, but of course you can't buy a handgun in Utah. If you buy a long gun in Utah, you get to avoid NICS.

http://www.atf.gov/firearms/bradylaw/states/texas.htm

kdmill_1 · #4

Exactly. To bypass NICS requirement in TX, you must have a TX CHL.

Mithras61 · #5

KBCraig wrote:
Mithras61 wrote:I don't know that a CHL or CFP qualifies based on state of residence.
It does. As part of the transition from the temporary Brady provisions to the permanent NICS system, ATF established the "alternative NICS checks" such as CHLs.

Part of those rules require the permit or license to be issued by the state in which the transaction takes place. So, your UT license would let you avoid NICS in Utah, but of course you can't buy a handgun in Utah. If you buy a long gun in Utah, you get to avoid NICS.

http://www.atf.gov/firearms/bradylaw/states/texas.htm

Ah, I see...