TexasCHLforum.com

I was sitting with some people last night(trade show) and a supplier was commenting on how he brought my boss to a "ducks unlimited" dinner and he won some guns the story turned to the waiting line for the background checks another man commented that if you had a CHL you did not have to go through that. I have seen comments on here in regards to this but have not seen a conclusive answer, Can somebody point me to a answer?

Next item was the same supplier commented on when he was out of state he wanted to buy a gun and the store clerk came back and said he could not sell it to him because he was from Texas and we can only buy guns from neighboring states to the state in which you live. I thought this was wrong but again have no proof.

Thanks for any help.

In response to Item 1: That is correct, your CHL (not expired) will exempt you from a background check.

...waiting line for the background checks another man commented that if you had a CHL you did not have to go through that.

If you have a CHL and are buying from an FFL, the FFL does not need to run you through NICS.

I don't know what the "waiting line" means. A NICS check usually takes about five minutes. Sometimes there are problems because of common names, and there might be a delay of three days.

Some states have waiting periods from the time a buyer purchases a weapon and can take it home. In some of those states, having their equivalent of a CHL lets the buyer avoid the waiting period.

As for buying in other states, the FBI had misinterpreted Texas law, saying that we could only buy in contiguous states. The Texas Legislature changed the law, effective September 1, 2009, so that is no longer the case. Probably some people have not read the memo.

- Jim

There are a few places that still run the check even though there is a CHL. Academy has been mentioned as one.

Is there a law, statute, exemption etc... that I can read as for the CHL holders not needing a NCIS check?

suthdj wrote:Is there a law, statute, exemption etc... that I can read as for the CHL holders not needing a NCIS check?

18 USC 922(t)(3)(A)

You can see it here and many other places: http://codes.lp.findlaw.com/uscode/18/I/44/922" onclick="window.open(this.href);return false;

- Jim

longtooth wrote:There are a few places that still run the check even though there is a CHL. Academy has been mentioned as one.

It must depend on the location. I purchased a pistol from Academy at I-10 & Bunker Hill in Houstion and they didn't call in; also at Carter's Country and a gun show at GRB. You still had to fill out the form but it wasn't called in.

Academy has training issues. I was buying ammo there a few years ago when a manager was coaching a cashier. The manager told the trainee that people had to be 18 or older to buy ammo.

This is true for rifle and shotgun ammo. Handgun ammo cannot legally be purchased by someone under 21.

Later they programmed their cash registers to ask the question correctly in most cases. I purposely put some shotshells in front of some 9 mm. The register prompted the cashier to ask if I was 18 or older for the shotshells, then 21 or older for the pistol rounds.

(I haven't looked younger than 18 since I was about 16, and now I have gray hair.)

- Jim

seamusTX wrote:As for buying in other states, the FBI had misinterpreted Texas law, saying that we could only buy in contiguous states. The Texas Legislature changed the law, effective September 1, 2009, so that is no longer the case. Probably some people have not read the memo.

- Jim

That's for long guns only, of course. Handguns still can't be bought in any state except state of residence.

Correct.

Technically, you can buy (pay for) a handgun in another state, but you can't take possession of it there. The FFL has to ship it to a Texas FFL.

That's actually not too bad. The cost is about $20 at each end, and you could possibly get the seller to roll the shipping into the cost. If you want it and the price is right, what's another $40? I've spent more than that on lunch.

Buying from a non-FFL individual in another state could ruin your whole day if the seller turned out to be an undercover agent of some kind.

- Jim

seamusTX wrote:

...waiting line for the background checks another man commented that if you had a CHL you did not have to go through that.

If you have a CHL and are buying from an FFL, the FFL does not need to run you through NICS.

But you still have to fill out the NICS paperwork, right?

jsimmons wrote:But you still have to fill out the NICS paperwork, right?

As a non-FFL (what the law calls an "unlicensed person") are obligated to fill out a Form 4473 every time you receive a firearm from an FFL.

Also in some other circumstances, such as pawning a firearm or getting the same out of hock.

- Jim

seamusTX wrote:Academy has training issues. I was buying ammo there a few years ago when a manager was coaching a cashier. The manager told the trainee that people had to be 18 or older to buy ammo.

This is true for rifle and shotgun ammo. Handgun ammo cannot legally be purchased by someone under 21.

Later they programmed their cash registers to ask the question correctly in most cases. I purposely put some shotshells in front of some 9 mm. The register prompted the cashier to ask if I was 18 or older for the shotshells, then 21 or older for the pistol rounds.

(I haven't looked younger than 18 since I was about 16, and now I have gray hair.)

- Jim

We bought some Hoppes solvent and cleaning patches at Academy and they carded my husband. I was like...really? Do you have to be old enough to have a gun to buy gun cleaner?? *sigh*

We bought some Hoppes solvent and cleaning patches at Academy and they carded my husband. I was like...really? Do you have to be old enough to have a gun to buy gun cleaner?? *sigh*

That's the most ridiculous thing I've ever heard! I would have called the head of the department over and given him a piece of my mind. Some of these Academy employees.....the lights are on but nobody's home.

Maybe they thought he was one of those glue-huffing teenagers, and that they had abandoned glue because it was now hard to get, and had moved onto gun cleaning solvent