Understanding Carry Licenses and Background Checks for Firearm Purchases
Many individuals in the United States possess a carry license, commonly referred to as a concealed carry permit, which allows them to carry concealed firearms in specific states. However, a common question arises: does a carry license exempt one from a background check when purchasing a firearm? This article delves into the intricacies of the situation, providing clarity on this frequently asked issue and the potential consequences of a disqualifying offense.
Why a Carry License Exempts from a Background Check
Some states have established laws that exempt carry license holders from a background check at the point of sale. This is rooted in a more rigorous background check process required to obtain a permit. For instance, states that subject Concealed Carry Weapon (CCW) applicants to a fingerprint check through the National Crime Information Center (NCIC) have more thorough checks than the federal National Instant Criminal Background Check System (NICS) used by Firearms Transfer Licensees (FFLs).
The logic behind this is to ensure that carry license holders have undergone a more extensive background check. A fingerprint-based check by NCIC provides a more comprehensive review of an individual's criminal history. If an individual violates a state law that could lead to the revocation of their carry permit, law enforcement would seize the permit or the sheriff could revoke it on the spot, leading to the same outcome.
Furthermore, if an individual with a carry permit is convicted of a disqualifying offense, their permit may be seized, and if not on their person, the court may order its surrender. This means that a retailer can reasonably assume that a carry permit holder has a clean criminal record that exceeds the NICS standard, thus eliminating the need for a redundant background check at the point of firearm sale.
The Role of ATF Form 4473
It's important to note that even with a carry license, you cannot circumvent the federally mandated background check through ATF Form 4473. This form ensures that the sale of a firearm to an individual complies with federal laws and regulations. This process is performed each time a firearm is sold by an FFL.
However, your state-issued concealed permit does exempt you from the state’s 3-day waiting period. This waiting period is often required before a firearm purchase can be completed. Therefore, while the carry license itself does not exempt you from a background check, it does provide a means of streamlining the process to some extent by preventing the unnecessary duplication of the background check.
Consequences of a Disqualifying Offense
While a carry license provides certain privileges, it does not protect you from the consequences of a disqualifying offense. If an individual is arrested for a crime that is grounds for the revocation of a concealed carry permit, they can expect their permit to be seized. In the event of a conviction for a disqualifying offense, the permit will be revoked, and the individual may face further legal action.
For example, if an individual is arrested for any felony, convicted of incompetence, or required to stay at a psychiatric ward for more than one day, their carry permit will likely be revoked. In such cases, local law enforcement would be dispatched to retrieve any firearms in the possession of the individual, ensuring compliance with state and federal regulations.
In conclusion, while a carry license can provide a level of convenience and streamlining in the firearm purchase process, it does not exempt individuals from the background check required by federal law. The stringent background checks required to obtain a carry permit provide a level of assurance that a criminal background check is not duplicated at the point of sale. However, any disqualifying offense can lead to the revocation of the permit and potential legal consequences.
For more information on the laws and regulations surrounding carry licenses and firearm purchases, please seek assistance from local law enforcement or legal advisors.