Specific code that shows TXCHL can bypass NICS?

[OldCannon]

Can one of you more bookish chaps tell me which part of the Texas State Code exempts CHL holders from an NICS check when purchasing a new firearm?

[speedsix]

...ATF PUB 5300.4 of Sept 2005 General Information Q&A page 193 Question P28... not a state law, but an ATF reg....nothing of NICS is a part of state law....

[OldCannon]

...ATF PUB 5300.4 of Sept 2005 General Information Q&A page 193 Question P28... not a state law, but an ATF reg....nothing of NICS is a part of state law....

For some reason, I thought something was called out in Texas code. I'm aware of the ATF citation and FBI reg. Interesting though.

Thanks!

[Skiprr]

To my limited knowledge, the only time NICS is referenced in any Texas Code is in Government Code Section 411.052, "Federal Firearm Reporting"--specifically GC §411.052(5)(b)--and it deals only with the state's provision of information to the feds, not about collecting the information related to a firearm purchase:

The department by rule shall establish a procedure to provide federal prohibited person information to the Federal Bureau of Investigation for use with the National Instant Criminal Background Check System. Except as otherwise provided by state law, the department may disseminate federal prohibited person information under this subsection only to the extent necessary to allow the Federal Bureau of Investigation to collect and maintain a list of persons who are prohibited under federal law from engaging in certain activities with respect to a firearm.

As speedsix noted, I think all procedures related to collection, transmission, and storage of NICS information at point-of-purchase is controlled by the BATFE, not the states...but don't hold me to that statement, 'cause I'm not absolutely certain.

[ELB]

This got me curious, so for my own education, I went on a little stroll through the federal legal landscape:

The exemption from NICS check for CHL holders is established in Federal law, specifically: 18 U.S.C. § 922 (t)(3)

This sets the basic requirements that the purchaser must have a license to acquire or possess firearms, the license is not more than five years old, and state law requires the official issuing the license verify that no information available to him shows that possession of the licencee would violate any law. Note that this does not specifically require the license to be a concealed handgun license, nor does it specifically say a "NICS" check is required (altho that may appear in another part of § 922).


The exemption requirements are further elaborated in the Code of Federal Regulations, specifically: 27 C.F.R. §478.102(d)(1)

which is handily titled "Exceptions to NICS check." This regulation regurgitates almost the exact language of the Federal law, but then ADDS the requirement that the information available to the state official issuing the license include the NICS check. (it also calls out that the license must be "valid," which means no expired licenses can be used even if the NICS check to get it is less than five years old). The regulation also add the requirement that a copy of the license be kept (by the FFL, I guess) or that the required information from the license be recorded on the "firearms transaction record." I don't know if this is the 4473 or another record required of the FFL, I am too lazy to go look.


The ATF then has its own set of publications, rules, regs, circulars, letters, 3x5 cards, and what-have-you (one of which is cited by speedsix above) that further define requirements. Somewhere someone (in the ATF I believe) is assigned to periodically review state laws and decide which states have licenses that meet the requirements of the federal law, federal regs, and ATF rules. Georgia went from having a CHL that qualified to having one that did NOT, then back to having one that did in the 2004-2006 time frame, I think, because of changes they made to their law.

[speedsix]

...at the bottom of the Q&A I posted is [18U.S.C.922(t), 27 CFR 478.102(d)] , which are the laws this answer is derived from...

[Skiprr]

This got me curious, so for my own education, I went on a little stroll through the federal legal landscape:

The exemption from NICS check for CHL holders is established in Federal law, specifically: 18 U.S.C. § 922 (t)(3)

This sets the basic requirements that the purchaser must have a license to acquire or possess firearms, the license is not more than five years old, and state law requires the official issuing the license verify that no information available to him shows that possession of the licensee would violate any law. Note that this does not specifically require the license to be a concealed handgun license, nor does it specifically say a "NICS" check is required (altho that may appear in another part of § 922).

The exemption requirements are further elaborated in the Code of Federal Regulations, specifically: 27 C.F.R. §478.102(d)(1)

Yeppers. And as a minor Topic detour, there is occasional discussion here on the board expressing the desire to extend the CHL valid term beyond five years. But the highlighted portion above is one significant reason that, at least until federal law is changed, we probably don't want to do that in Texas.