ATF Recognizes Alabama Concealed Carry License as NICS Exception

The Bureau of Alcohol, Tobacco and Firearms has recently issued a letter to Alabama federal firearms licensees, which informed them that Alabama’s permit that recognizes gun owners right to carry a gun in their vehicle or concealed is an alternative to going through a background check for the purchase of a gun.

According to the letter, it was to inform FFLs of “an important change to the procedure you may follow to comply with the Brady Handgun Violence Prevention Act… when transferring a firearm to an unlicensed person.”

In a similar fashion to that of my home State of South Carolina, all that is required is for a person to show that they have an Alabama permit and they do not have to go through the NICS system for a background check in order to obtain a firearm.

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The exception applies to permits that have been issued on or after August 1, 2013.

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Now, before anyone like Barack Hussein Obama Soetoro Sobarkah tells you that this means such people who have the permits are not being put through a background check, let’s make it abundantly clear that those with permits have already been put through a NICS background check in order to obtain their permit.

In fact, according to the ATF letter, “…the Brady Act contains exceptions to the NICS check requirement, including an exception for holders of certain State permits to possess, carry, or acquire firearms. The law and implementing regulations provide that permits issued within the past 5 years may qualify as alternatives to the NICS check if certain other requirements are satisfied. Most importantly, the authority issuing the permit must conduct a NICS background check and must deny a permit to anyone prohibited from possessing firearms under Federal, State, or local law.”

If one is to transfer a firearm to an unlicensed person pursuant to the permit alternative, they must complete the following:

  1. Have the transferee complete and sign ATF Form 4473, Firearms Transaction Record.
  2. Verify the identity of the transferee through a Government-issued photo identification (for example, a driver’s license).
  3. Verify that the permit was issued on or after August 1, 2013, and within the past 5 years by the State in which the transfer is to occur, and that the permit has not expired under State law.
  4. Either retain a copy of the transferee’s permit and attach it to the Form 4473, or record on the Form 4473 any identifying number from the permit, the date of issuance, and the expiration date of the permit.

The cost of Alabama concealed carry permits are issued to those 18 and older and can cost between $5 and $20. While the application process can take up to 30 days, AFT encourages those with questions to call the ATF’s Firearms Industry Programs Branch at 202-648-7190.

In the end, one really has to question why there need to be permission (a permit) in order to exercise a God given right to keep and bear arms. To add insult to injury, the state then charges you for infringing on that right and gives you a laminated piece of paper for your troubles. Wouldn’t it have been easier to simply bring justice upon those who commit violent crimes and leave everyone else, their rights and their money alone? I think so.

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