In the 1993 Brady bill, exemptions for the background checks were provided for people who had undergone the background check for state gun permits. Not all states meet the federal requirements. For example, the background check for the permit system must go through the National Instant Check System (NICS) and it must have been done within the last five years. That is why most state permits are renewed every five years. From gunlaws.com:
The statute provides the following exceptions to the national instant background check system:
1. The transferee presents to the licensee a permit which was issued not more than 5 years earlier by the State in which the transfer is to take place and which allows the transferee to possess or acquire a firearm, and the law of the State provides that such a permit is to be issued only after an authorized government official has verified that available information does not indicate that possession of a firearm by the transferee would be in violation of the law;
In addition, some states, such as Illinois, have their own state background check system. While the permit may meet the federal requirement, the state still requires a state check for their system.
A glance at the map reveals many surprising juxtapositions. For example, Missouri recently became a permitless or "Constitutional carry" state. But the legislature has not bothered to have their permit meet the requirements for the holders to be exempt from the federal NICS checks.
Here is the list of states that qualify. The list is from atf.gov: and was last updated as of June 10th, 2014. There are 25 states permits that qualify. I am not including the California "Entertainment Firearms Permit".
Alabama, Alaska, Arizona, Arkansas, Georgia, Hawaii, Idaho, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Montana, Nebraska, Nevada, North Carolina, North Dakota, Ohio, South Carolina, Texas, Utah, Washington, West Virginia, and Wyoming.
©2016 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Link to Gun Watch
Update, somehow Nebraska was not included. It has bee added as a state where the permit is an alternate to NICS. The map mistakenly shows Nebraska in red.
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This is what I am talking about when I say The Tenth Amendment. any state not in compliance with the federal law has a real problem. there are a number of United States Supreme Court rulings to rely on. where state law and federal law conflict the federal law is superior. states are required to comply with all federal laws. If the state does not have a law on a particular subject the only law to consider is federal law. state laws must comply with all federal laws. this is the very basis why state gun laws are violating federal laws. the reason federal laws exist is because they apply to all of the states and territories and possessions. the second amendment is by virtue of existing the federal law. because the words Shall Not Be Infringed are in the second amendment, that also applies to the states.
Gibbons v Ogden 1824 a supreme court ruling on this very issue. "When a state law and a federal are in conflict the federal law is supreme".
Marbury v Madison 1803 a supreme court ruling " a law repugnant to the constitution is void" State gun laws are repugnant to the constitutions second amendment. this is settled case law and applies to every level of government in this nation. these are the issues that gun rights groups and advocates should be arguing. everything else is just nitpicking and wasted time. it does make good money for the lawyers but does absolutely nothing for our gun rights. No individual state has the authority to amend the federal constitution. they can not ad words ignore words or change words. there is no age limit in the second amendment. You will not find the words gun safe, trigger lock or open or concealed carry or permit or license or tax in the second amendment. the word Infringe is an all encompassing word. Even the US congress had no authority to pass any of the federal gun control acts. Your right to keep and bare is a federal right. It is with you where ever you are in this country. state lines can not interfere. I know this information will break the hearts of legislators every where, too bad it is a federally guaranteed right. It is time to make it clear to all. I'm not concerned with anyone that hates guns, they do not have to own one but it is my right and it is guaranteed. a guarantee is only as good as it is enforced. our government has done an extremely bad job of enforcing that right and our guarantee. I hope we do not have to follow Mexico's example to get this clarified. This is one time I will tell everybody to get on their ass, set down and read the constitution. let us get control of the government that we own. we have a government of the people by the people and for the people and special interests are not listed. I do not care if you do not like guns I do. it is my individual right.
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