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General Categories => Laws and Legislation => Topic started by: Lorimor on April 02, 2011, 04:57:29 PM

Title: CCW permit substitute for Handgun purchase card confusion
Post by: Lorimor on April 02, 2011, 04:57:29 PM
It's my understanding that I no longer have to have a Nebraska handgun purchase card since I have my CHP.  Unfortunately, convincing some FFL's that this is the case is difficult. 

Have the state/Feds/ATF notified them officially or is that part of the program? 

I have a nice S&W 66-1 sitting at the FFL right now 'cause I can't pick it up for lack of the infamous Nebraska purchase card.  FFL insists I have it.  I'm not going to argue with him as I don't want to cause any hard feelings. 
Title: Re: CCW permit substitute for Handgun purchase card confusion
Post by: Dan W on April 02, 2011, 09:04:16 PM
At this time, the BATFE has not approved use of the NE CHP as a sustitute for a Federal NICS check, but it does satisfy the Nebraska requirement for a purchase permit.


So in a nutshell your FFL just needs to record your CHP number and complete a NICS check, but that does not mean he will agree to do it.

We have several FFL's on this site who understand the law and can process this type of transfer.

I don't know for sure what your options are right now, but I would talk to Chris Z or Rod Moeller about it
Title: Re: CCW permit substitute for Handgun purchase card confusion
Post by: Lorimor on April 03, 2011, 04:45:33 AM
Apparently it's up to the individual FFL to get educated.  I doubt I can provide this guy with anything that will convince him otherwise.  I told him yesterday that I had been buying handguns with my CHP but he wouldn't believe me I guess.  ::)
Title: Re: CCW permit substitute for Handgun purchase card confusion
Post by: Chris Z on April 03, 2011, 06:40:44 PM
Dan has it right on.

State of Nebraska no longer requires the purchase permit for a CHP holder.

However the ATF will not recognize the CHP for a Brady check, SO the FFL must still run a NICS check if the buyer does not have the purchase permit.

It all comes down to ignorance and choices. Some gun stores are ignorant and don't keep up on the laws, some are just stubborn and don't want to do it for customers, because God forbid the NICS check takes a few minute and then they run the risk of getting a "Delayed" response. I had a Manager at one of the large box stores tell me they won't sell without the permit because they don't want to do the NICS check and possibly get a delayed response.


ATF seems to have forgotten about approving this process and notifying FFL's
Title: Re: CCW permit substitute for Handgun purchase card confusion
Post by: Mudinyeri on April 04, 2011, 09:21:26 AM
So, why do business with an FFL who doesn't get it when we have supporting FFL's on this site who do?
Title: Re: CCW permit substitute for Handgun purchase card confusion
Post by: FarmerRick on April 04, 2011, 10:21:30 AM
So, why do business with an FFL who doesn't get it when we have supporting FFL's on this site who do?

Not sure if we have any "supporting FFL's" in Platte county or not.  AJ's Guns of Columbus seemed like nice folks when I talked them a few times.  I would think they would be aware of current situations, but not sure if that is the case or not.
Title: Re: CCW permit substitute for Handgun purchase card confusion
Post by: ghknives on April 04, 2011, 12:32:29 PM
From what I have been told, the dealer cannot do a back ground check as with other firearms. When he/she identifies themselves as a Nebraska dealer selling a handgun the agency contacted says the purchase permit is required and refuses to do the back ground check and authorize the sale.
Title: Re: CCW permit substitute for Handgun purchase card confusion
Post by: Chris Z on April 04, 2011, 12:50:21 PM
I an a Nebraska dealer with an FFL. I have personally done transfers for CHP holders who did not have a purchase permit. I do the NICS check thru the FBI online service, and there is nothing on there asking whether one is a permit holder or not.
Title: Re: CCW permit substitute for Handgun purchase card confusion
Post by: Lorimor on April 04, 2011, 03:10:22 PM
So, why do business with an FFL who doesn't get it when we have supporting FFL's on this site who do?

I didn't know this would be his stance.  I'll check ahead of time next time.  He did reduce his xfer fee by $5 to cover the cost of a permit though. 

I've bought two handguns on my CCW permit w/o any issues from Cabelas and at the Hastings gun show. 

I never saw this situation arising.
Title: Re: CCW permit substitute for Handgun purchase card confusion
Post by: SemperFiGuy on April 04, 2011, 06:41:31 PM
Seems that if this situation is an issue, the sensible thing is to cancel the deal with the FFL who doesn't want to sell without your display of the NE Firearm Purchase Certificate, using only your NE CHP.

And then go to an FFL who keeps up with NE law and make your firearms purchases at that establishment.    Assuming that he also has the stuff you want.

sfg
Title: Re: CCW permit substitute for Handgun purchase card confusion
Post by: Lorimor on April 05, 2011, 06:23:58 AM
Seems that if this situation is an issue, the sensible thing is to cancel the deal with the FFL who doesn't want to sell without your display of the NE Firearm Purchase Certificate, using only your NE CHP.

And then go to an FFL who keeps up with NE law and make your firearms purchases at that establishment.    Assuming that he also has the stuff you want.

sfg

Again, I should have done more research.  This guy is reasonably priced and more importantly, nearby. 

First gun, the Smith 66, is in his hands right now.  Bought off of gunbroker.

Second gun, a 1911 order from Wilson, is due to be delivered probably mid-May. 

It's not like I'm finding this stuff locally. 

And again, he was nice enough to knock $5 off of his xfer fee for my trouble. 

Mainly, I was seeking clarification.  I was pretty certain I no longer needed the handgun purchase card. 
Title: Re: CCW permit substitute for Handgun purchase card confusion
Post by: Chris Z on April 05, 2011, 06:26:43 AM
It is a good idea to keep the purchase permit current even if you have a CHP. Just makes things easier and its only $5 every 3 years.
Title: Re: CCW permit substitute for Handgun purchase card confusion
Post by: Lorimor on April 05, 2011, 06:38:28 AM
Well, now ya tell me Chris!  :)

Yeah, I'm beginning to see that. 

I might need that $5 to buy a pint of gas someday.

:)
Title: Re: CCW permit substitute for Handgun purchase card confusion
Post by: bullit on April 05, 2011, 07:19:32 AM
Man Tim....another Wilson????   What would Clint say?  Also, I need a job like yours......
Title: Re: CCW permit substitute for Handgun purchase card confusion
Post by: Lorimor on April 05, 2011, 08:50:43 AM
:)  What can I say?   They're addictive! :)

Clint would say, "Two is one.  One is none." :)
Title: Re: CCW permit substitute for Handgun purchase card confusion
Post by: FarmerRick on April 14, 2011, 05:26:27 PM
The BATFE just ruled that a valid Kansas Concealed Carry License will take the place of a NICS check.   

I wonder if hope we're next....
http://www.atf.gov/press/releases/2011/04/040811-open-letter-to-kansas-ffls.html (http://www.atf.gov/press/releases/2011/04/040811-open-letter-to-kansas-ffls.html)


Title: Re: CCW permit substitute for Handgun purchase card confusion
Post by: Chris Z on April 14, 2011, 06:25:49 PM
I sent a note to Senator Johanns today with a copy of that KS letter asking him to light a fire under the ATF and get the same accomplished for Nebraska