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Problem: Our Concealed Handgun Permits are not recognized by the BATFE as valid for the purposes of exemption from a Brady background check.
I am not a law drafter, but the effect of the bill should be to amend the following statute as follows :
RS 40-1379.3 K.
Current wording:
K. The department shall execute a thorough background investigation, including a criminal history check, of every applicant for the purpose of verifying the qualifications of the applicant pursuant to the requirements of this Section. For purposes of this Subsection, a background check shall be defined as a computer check of available on-line state records, and, if warranted, the fingerprints may be forwarded to the Federal Bureau of Investigation for a national criminal history record check.
New wording:
K. The department shall execute a thorough background investigation, including a criminal history check, of every applicant for the purpose of verifying the qualifications of the applicant pursuant to the requirements of this Section. For purposes of this Subsection, a background check shall be defined as a computer check of available on-line state records, an FBI NICS check, an Immigrations & Customs Enforcement check, a Customs & Border Patrol check, and, if warranted, the fingerprints may be forwarded to the Federal Bureau of Investigation for a national criminal history record check.
Many States who issue weapons permits have taken care to comply with the requirements of 18 USC 922(t), which results in their citizens not having to complete an BATFE Form 4473 at the gun counters when they purchase a firearm. This makes sense, because a citizen who holds a valid permit has already been investigated and found to be legally able to own a firearm. Our legislators intended that our permits would qualify for this exemption, as evidenced by the wording of our RS 40-1379.3 (T.). However, our State Police are not mandated to do the checks necessary for us to qualify from the perspective of the BATFE/FBI.
Pursuant to 18 U.S.C. 922(t), the BATFE requires four things in order to qualify for an exemption:
- Your permit must be less than five years old.
- The issuing authority must do a NICS check before issuing the permit.
- The issuing authority must do an ICE (Immigrations & Customs Enforcement) check
- The issuing authority must do an CBP (Customs & Border Patrol) check
Our permits are four-year permits, so that one is covered. The others are not mandated by LA law, however. I have contacted my local BATFE field office, and the agents I spoke with expressed their desire to see this law changed. I have also contacted a lawyer in the FBI that deal with NICS operations, and he spelled out the needed changes and expressed hope that we would make the proper amendments. They recognize that this would in less paperwork for everyone involved, less potential for time-consuming problems, and less taxpayer money being spent to accomplish something that has already been done (the review of the potential buyer).
This is a win-win piece of legislation:
- You can sell it to pro-gun-control types by emphasizing that this amendment will make the review process more comprehensive for people seeking to acquire a carry permit.
[It should be noted before the objection arises that if a permittee commits a disqualifying crime or other action, their permit is revoked by the Department of Public Safety and Corrections. This should allay any concern that the exemption from a check at the time of transfer would allow someone who has committed a crime since the issuance of their permit to acquire a weapon illegally.]- You can sell it to pro-civil rights groups by emphasizing that no bona-fide citizen will be disqualified that does not already meet the guidelines set forth in our current statutes.
- Permitees who seek to purchase firearms will certainly benefit from the amendment, in the form of less paperwork and potential unnecessary delays.
- FFLs will benefit from the amendment, in the form of less paperwork and potential unnecessary delays.
- The FBI will benefit, in the form of less transaction volume.
- Firearms purchasers everywhere will glean an incidental benefit, as a result of less transactions in queue at the FBI NICS call center.
If you are a lawmaker or other legal professional with advice to offer on this subject, please contact me via our online form or by one of the methods listed at the bottom of this page.
For further information, you may contact the BATFE:
NO Office Regional Office: 504-841-7000
Shreveport Field Office: 424-6850
ATF 800-ATF-GUNS or 866-662-2750ATF Online - Firearms FAQs (topic specifically mentioned here)
ADDENDUM:
I believe that now would be an excellent time to rewrite the statute further, if there is political support for it. The optimal way it should read is:
K. The department shall execute a thorough background investigation, including a criminal history check, of every applicant for the purpose of verifying the qualifications of the applicant pursuant to the requirements of this Section. For purposes of this Subsection, a background check shall be defined as a computer check of available on-line state records, an FBI NICS check, an Immigrations & Customs Enforcement check, a Customs & Border Patrol check, and, if warranted, the fingerprints may be forwarded to the Federal Bureau of Investigation for a national criminal history record check.
Pertinent Statutes: (current as of March, 2007)
RS 40-1379.3 (View this statute on our State's web site)
K. The department shall execute a thorough background investigation, including a criminal history check, of every applicant for the purpose of verifying the qualifications of the applicant pursuant to the requirements of this Section. For purposes of this Subsection, a background check shall be defined as a computer check of available on-line state records, and, if warranted, the fingerprints may be forwarded to the Federal Bureau of Investigation for a national criminal history record check.
T.(1) Possession of a current and valid concealed handgun permit issued pursuant to this Section shall constitute sufficient evidence of the background check required pursuant to 18 USC 922(t). A current and valid concealed handgun permit issued by another state shall be deemed to be valid within this state if a current and valid concealed handgun permit issued by Louisiana is valid in those states. An out-of-state permit holder carrying a concealed handgun pursuant to this Paragraph is bound by the laws of this state regarding carrying a concealed handgun pursuant to a permit issued in accordance with this Section.
18 U.S.C. 922(t) (View this statute on the House of Representatives' web site)
(3) Paragraph (1) shall not apply to a firearm transfer between a licensee and another person if—
(A)
(i) such other person has presented to the licensee a permit that—
(I) allows such other person to possess or acquire a firearm; and
(II) was issued not more than 5 years earlier by the State in which the transfer is to take place; and
(ii) the law of the State provides that such a permit is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a firearm by such other person would be in violation of law;
(B) the Attorney General has approved the transfer under section 5812 of the Internal Revenue Code of 1986; or
(C) on application of the transferor, the Attorney General has certified that compliance with paragraph (1)(A) is impracticable because—
(i) the ratio of the number of law enforcement officers of the State in which the transfer is to occur to the number of square miles of land area of the State does not exceed 0.0025;
(ii) the business premises of the licensee at which the transfer is to occur are extremely remote in relation to the chief law enforcement officer (as defined in subsection (s)(8)); and
(iii) there is an absence of telecommunications facilities in the geographical area in which the business premises are located.
27 CFR 478.102(d) (view this code on our National Archives web site)
§478.102 Sales or deliveries of firearms on and after November 30, 1998.
(a) Background check. Except as provided in paragraph (d) of this section, a licensed importer, licensed manufacturer, or licensed dealer (the licensee) shall not sell, deliver, or transfer a firearm to any other person who is not licensed under this part unless the licensee meets the following requirements:
(1) Before the completion of the transfer, the licensee has contacted NICS;
(2)(i) NICS informs the licensee that it has no information that receipt of the firearm by the transferee would be in violation of Federal or State law and provides the licensee with a unique identification number; or
(ii) Three business days (meaning days on which State offices are open) have elapsed from the date the licensee contacted NICS and NICS has not notified the licensee that receipt of the firearm by the transferee would be in violation of law; and
(3) The licensee verifies the identity of the transferee by examining the identification document presented in accordance with the provisions of §478.124(c).
Example for paragraph
(a). A licensee contacts NICS on Thursday, and gets a “delayed” response. The licensee does not get a further response from NICS. If State offices are not open on Saturday and Sunday, 3 business days would have elapsed on the following Tuesday. The licensee may transfer the firearm on the next day, Wednesday.
(b) Transaction number. In any transaction for which a licensee receives a transaction number from NICS (which shall include either a NICS transaction number or, in States where the State is recognized as a point of contact for NICS checks, a State transaction number), such number shall be recorded on a firearms transaction record, Form 4473, which shall be retained in the records of the licensee in accordance with the provisions of §478.129. This applies regardless of whether the transaction is approved or denied by NICS, and regardless of whether the firearm is actually transferred.
(c) Time limitation on NICS checks. A NICS check conducted in accordance with paragraph (a) of this section may be relied upon by the licensee only for use in a single transaction, and for a period not to exceed 30 calendar days from the date that NICS was initially contacted. If the transaction is not completed within the 30-day period, the licensee shall initiate a new NICS check prior to completion of the transfer.
Example 1 for paragraph
(c). A purchaser completes the Form 4473 on December 15, 1998, and a NICS check is initiated by the licensee on that date. The licensee is informed by NICS that the information available to the system does not indicate that receipt of the firearm by the transferee would be in violation of law, and a unique identification number is provided. However, the State imposes a 7-day waiting period on all firearms transactions, and the purchaser does not return to pick up the firearm until January 22, 1999. The licensee must conduct another NICS check before transferring the firearm to the purchaser.
Example 2 for paragraph
(c). A purchaser completes the Form 4473 on January 25, 1999, and arranges for the purchase of a single firearm. A NICS check is initiated by the licensee on that date. The licensee is informed by NICS that the information available to the system does not indicate that receipt of the firearm by the transferee would be in violation of law, and a unique identification number is provided. The State imposes a 7-day waiting period on all firearms transactions, and the purchaser returns to pick up the firearm on February 15, 1999. Before the licensee executes the Form 4473, and the firearm is transferred, the purchaser decides to purchase an additional firearm. The transfer of these two firearms is considered a single transaction; accordingly, the licensee may add the second firearm to the Form 4473, and transfer that firearm without conducting another NICS check.
Example 3 for paragraph
(c). A purchaser completes a Form 4473 on February 15, 1999. The licensee receives a unique identification number from NICS on that date, the Form 4473 is executed by the licensee, and the firearm is transferred. On February 20, 1999, the purchaser returns to the licensee's premises and wishes to purchase a second firearm. The purchase of the second firearm is a separate transaction; thus, a new NICS check must be initiated by the licensee.
(d) Exceptions to NICS check. The provisions of paragraph (a) of this section shall not apply if—
(1) The transferee has presented to the licensee a valid permit or license that—
(i) Allows the transferee to possess, acquire, or carry a firearm;
(ii) Was issued not more than 5 years earlier by the State in which the transfer is to take place; and
(iii) The law of the State provides that such a permit or license is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a firearm by the transferee would be in violation of Federal, State, or local law: Provided, That on and after November 30, 1998, the information available to such official includes the NICS;
(2) The firearm is subject to the provisions of the National Firearms Act and has been approved for transfer under 27 CFR part 479; or
(3) On application of the licensee, in accordance with the provisions of §478.150, the Director has certified that compliance with paragraph (a)(1) of this section is impracticable.
(e) The document referred to in paragraph (d)(1) of this section (or a copy thereof) shall be retained or the required information from the document shall be recorded on the firearms transaction record in accordance with the provisions of §478.131.
(Approved by the Office of Management and Budget under control number 1512–0544)
[T.D. ATF–415, 63 FR 58279, Oct. 29, 1998]
