Posted on 07/02/2021 10:27:30 AM PDT by Towed_Jumper
AmmoLand News learned through a leaked Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conference call that the agency is starting to run gun buyers retroactively through the FBI’s National Instant Criminal Background Check System (NICS).
In the conference call, the ATF leadership asked its Industry Operations Inspectors (IOI) to collect information on the customers that used concealed carry permits instead of obtaining a background check through the NICS. The purpose of obtaining this information would be to run the customer’s data through the NICS to see if the customer would have received an approved or denied status. In addition, the IOI will pass on the names and information of customers denied by the NICS to the criminal branch for a special agent to follow up.
Some states, such as Alaska, allow gun buyers to use their concealed carry permits to buy a gun instead of being subjected to a background check through NICS. Gun buyers in these states believe that using a concealed carry permit to purchase firearms gives them a level of anonymity that the NICS doesn’t provide.
The information from the firearms background check paperwork (ATF Form 4473) is not submitted to the FBI when the customer uses their permit. Before the new policy, the only time the government would know a person bought a gun is when the FFL goes out of business, a trace request is submitted, or the customer buys multiple handguns within a seven-day period.
Congress wrote an exemption to the mandated background check using the NICS into the Brady Handgun Violence Prevention Act in 1998. However, the ATF has not been a fan of states letting their citizens use their concealed carry permits to buy guns without going through the NICS. In fact, the ATF has told states like Michigan that they can no longer use the concealed carry permit exemption.
According to the Brady Act, states can let gun buyers use concealed carry permits instead of going through the NICS if the permit meets or exceeds the NICS requirements, and the issuing agency performs a background check on the permit applicant using the NICS. However, even though states like Michigan meet all the conditions laid out in the Brady Act for a NICS exemption, The ATF had an issue with how some issuing agencies implemented the law.
Some sheriffs used the National Crime Information Center (NCIC) to perform background checks instead of the NICS. The NCIC database is where the NICS database pulls most of its information. They claimed since that the sheriffs were not following the proper procedure, that the FFLs of the state could not use the concealed carry permit to buy a gun.
Gun Owners of America (GOA) sued the ATF over their decision to revoke the NICS exemption for Michigan and other states. GOA claimed that the ATF did not have the right to reinterpret the Brady Act law. The ATF stopped revoking exemption status for states once the lawsuits started to be filed in multiple states by the gun rights organization.
It seems like the ATF has found another way to run customers through the NICS. Unfortunately, the ATF would not provide AmmoLand News a comment.
My understanding is that there are about 29 states that currently allow firearms buyers the ability use their CWP/CCW permits in lieu of going through the FBI's NICS background check process.
This retroactive inspection is made even more ludicrous when you note that all CWP/CCW holders have already been vetted by federal and state-level background checks, had their fingerprints (and photos), taken and have in many cases successfully completed CWP/CCW training classes.
My guess would be that if/when David Chip-monk is confirmed as the director of the ATF, this type of additional ATF scrutiny and snooping will only become even more pervasive and invasive. Keep in mind that Chip-monk is a ATF Waco 'veteran' and committed gun grabber with deep ties to the Gifford gang gun banners.
If I’m not mistaken David Chip-Monk alleged that the Branch Dividians used 50 cal machine guns to shoot down ATF helicopters during the siege...the guy is a certified lunatic...
Looks like they were wrong in their belief.
“Gun buyers in these states believe that using a concealed carry permit to purchase firearms gives them a level of anonymity that the NICS doesn’t provide.”
These buyers are idiots.
They’re getting their database completed, so that they can then have everyone who bought a gun from an FFL identified with the serial number of the gun.
This is for their second step* of gun confiscation, where they send every gun owner a ‘Dear John’ letter letting them know they have to register their guns or, if they no longer own the guns, tell ATF how it was dispositioned, with the threat of jail time for lying (and yes, they will allow for a ‘boating accident’, but if so, the gun better not turn up in your hands, or in the hands of someone you know).
*the first step is getting the legislation in place and packing the courts, something that the Democrats are VERY CLOSE to achieving, thanks to Republicans who sit out elections to ‘teach the GOP a lesson’.
There is no enumerated power given the federal for these background checks.
The transportation of personal property across State lines is not interstate commerce.
Are they?
It’s going to be a hell of a job arresting 100 million people.
Even fining them will be massively troublesome.
Yawn...
A lot of guys I know are ditching or not renewing their FFL’s because of this type of stuff.
These Union Einsatzgruppen are sure feeling their oats now that the communists are in charge.
They don’t have to arrest anyone. Just make it impossible to travel, get a job, online access, etc.
The vaccination system will make this easily possible.
The purpose of running the people through the NICS is that the record of the searches allows the ATF to compile a de facto firearms owner database. Something that they are not supposed to do. Just saying.
He’s a good and loyal Nazi
Might explain why I was delayed at Cabella’s (gift cards. $500 worth) a couple of weeks ago although my state doesn’t take carry permits in lieu of a NICS check. Three freaking hours. Of course, they can also see my posting history on the internet. Trump supporter, you know.
Yes, they were idiots for assuming their CCP/CHLs were providing any anonymity over that of the average Joe getting NICS’d. It never was going to, despite what they thought.
I thought there was a law passed, maybe during Bush years, that required these forms to be destroyed after so many years and forbade the creation of a database.
If you have a CCP you’re not anonymous anyways.
Cops know that before they exit their car when they pull you over.
Yes, but I was responding direct to the line in the article that asserted that buyers with CHLs believed that their no-NICS purchases allowed them anonymity. Like I said, anyone who believed that is an idiot.
That was part of the creation of NICS. They were not supposed to keep a database. They have acknowledged that they do and despite Congressional action to defund the database or order it deleted, they’ve refused or weaseled out of it a number of times.
4473s were supposed to be destroyed after a certain period of time, but IIRC the ATF now says you have to send them in.
+1
I agree.
You’re never anonymous in this world.
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