NICS Exemption with CHL Question

[03Lightningrocks]

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.

I have heard of this as well. I would likely walk if they tried to run a NICS on me. It is the principle of it all.

[almostfree]

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.

Thanks for the answer!

[jmra]

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.

I have heard of this as well. I would likely walk if they tried to run a NICS on me. It is the principle of it all.

[The_Busy_Mom]

I'm tardy to the party on this one, but I am curious as to a couple of things: Does your TX CHL have your Alaska address? As a FFL, this is the first thing I would have looked for. If it does, then I would definitely have transferred the gun to you with no NICS check. If your TX CHL has a former TX address and not your Alaska address, then I would have had an issue because your TX CHL would not have been updated per the TX CHL guidelines. I think I would have required a NICS check in this situation.

What was the outcome - were you able to purchase the rifle and bypass the NICS? I am curious, as I have not encountered this in our business yet. Let us know!

TBM

[almostfree]

My Texas CHL does list my AK address. Unfortunately I didn't find what I was looking for before I got sick. All I picked up while back in Texas was the flu from my family!

[bbobb]

The gift that keeps on giving.