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Background check

This is a discussion on Background check within the Concealed Carry Discussion forums, part of the Main Category category; Hi: Does anyone know if the background checks the same for buying a firearm the same as it is for ...

  1. #1
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    Hi:

    Does anyone know if the background checks the same for buying a firearm the same as it is for a concealed carry permit?

    If they are the same why is the cost different?

    Thanks,
    Terry

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    It varies by state. For instance, PA uses the PICS (the state version of the NICS) to approve gun purchases as well as issue permits. Some states run a check with the FBI for permits and NICS for guns.

    The costs are most likely an arbitrary figure.
    The two enemies of the people are criminals and government, so let us tie the second down with the chains of the Constitution so the second will not become the legalized version of the first. - Thomas Jefferson

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    Utimmer43 or anyone else that might know. I got my non resident permit in Florida. Went to the Sheriff's office in Jacksonville. If I remember, it was about a year ago, I think they send prints to the FBI and run a check that way. Is that correct? If it is, since I was given my Florida permit, wouldn't it be likely that I would be granted my Federal class 3 permit if I was to apply for one since the Florida check went through the FBI and no problem. I know that it would be a new check with the FBI. BTW I know the application goes through the Florida dept of Agriculture. Thought they sent prints off to the FBI also.

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    Quote Originally Posted by CapGun View Post
    Utimmer43 or anyone else that might know. I got my non resident permit in Florida. Went to the Sheriff's office in Jacksonville. If I remember, it was about a year ago, I think they send prints to the FBI and run a check that way. Is that correct? If it is, since I was given my Florida permit, wouldn't it be likely that I would be granted my Federal class 3 permit if I was to apply for one since the Florida check went through the FBI and no problem. I know that it would be a new check with the FBI. BTW I know the application goes through the Florida dept of Agriculture. Thought they sent prints off to the FBI also.
    If you are asking "since I was approved for a carry permit, will I automatically be approved for a NFA tax stamp?"... not necessarily. While you would undoubtedly pass the background check, you must also seek approval from your local Chief of Police, County Sheriff, or District Attorney.

    If you are talking about becoming a dealer, I'm not sure of the specifics, but I do know it's more than just passing an FBI check.

    Hope I helped.
    The two enemies of the people are criminals and government, so let us tie the second down with the chains of the Constitution so the second will not become the legalized version of the first. - Thomas Jefferson

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    You did. There should not be a problem here with the Sheriff I am happy to say.
    Don't want to be a class 3 dealer but an FFL would be nice. THanks for the help!

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    I too have been considering getting a FFL. I found this GUIDE which seems like it will be quite helpful. I have yet to purchase it myself, since the administrative details are the least of my concerns.

    I also have been pondering (let's face it, who hasn't?) purchasing a full auto. I just recently came across this THREAD on a TN gun owners forum, which does a pretty god job of detailing the process of purchasing a NFA weapon.
    The two enemies of the people are criminals and government, so let us tie the second down with the chains of the Constitution so the second will not become the legalized version of the first. - Thomas Jefferson

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    I have a link to a site on getting a FFL on another HD. Might be the same. If not I will try to get the link on here. I will also look in one of my gun magazines (not sure which one) Gives details on getting/ applying for the Fed stamp for class 3
    Thanbks

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    I have heard that FFL dealers can have their place of business searched at any time by the Feds. If you run your firearms business out of your house then it becomes subject to warrantless searches. Assuming this is true I would not want an FFL unless I had a separate place of business from my home. Not that I have anything to hide but I wouldn't want to put up with 3AM visits.

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    Quote Originally Posted by AvidshooterTX View Post
    I have heard that FFL dealers can have their place of business searched at any time by the Feds. If you run your firearms business out of your house then it becomes subject to warrantless searches. Assuming this is true I would not want an FFL unless I had a separate place of business from my home. Not that I have anything to hide but I wouldn't want to put up with 3AM visits.
    I don't have any personal experience with this, but I do know that the requirements pertaining to your facility are pretty strict. i.e. Obviously you couldn't just run your business out of your livingroom. It needs to be secure from the outside as well as from the rest of your house. In the same regard, my assumption is that any search could only be done specifically in the part that is your actual shop space.
    The two enemies of the people are criminals and government, so let us tie the second down with the chains of the Constitution so the second will not become the legalized version of the first. - Thomas Jefferson

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    Her are several answers to what has been queries on this thread.

    1) In PA., the PICS check has a charge that dealers MUST pay and this gets passed on to the customer. It's more nominal than many dealers charge, though. The NICS check that other states use has no fee. Any fees charged here are on the dealer.

    2) In Pa., the background check in a CCW application is part of the total charge for the permit. As there is no national standard and even none within some states, it's hard to say what is charged elsewhere. You'd have to ask the particular jurisdiction you are applying in how they charge and for what.

    3) As a result of becoming an FFL, you do consent to unscheduled and unannounced checks of your business by ATF. If you have a home based business like mine, they can come into the dwelling, but I believe that they would have to limit their business to the office/shop part of the dwelling. They require that the business part of the home be separate from any other part and thusly would make it extremely difficult for them to arbitrarily go into any other part of the dwelling without the potential for reprocussion. When I was inspected for compliance while the process was ongoing, the agent went straight into the office, make no gestures or attempts to even look anywhere else, and exited when we were done through the same door he entered through. He made a point, it seemed, to avoid any other areas of the dwelling intentionally. My gut says that they are instructed to behave this way and I'd be surprised to see it not be the same for subsequent compliance inspections. FYI, going class 3 does put you under more scrutiny than just becoming a class 1. I am a class 1 dealer because I just chose not to deal with the auto stuff, no other reasons. Here, though, worrying about getting knocks on your door at 3am is pretty much a non issue. The only way they'd do that is if they had a warrant because there was evidence that you were involved in some criminal activity. Odds are that it would happen within your posted hours of operation. You must have hours of operation when you apply. These can be subject to change, though you cannot do business strictly on a "by appointment only" basis.

    4) I used a guide site that charged for the service when I was in the process of getting my act together for an FFL. It was very helpful, but the bottom line is that the info is available through ATF and elsewhere for free. It just takes more time and effort to find it all. I have had contact with the ATF licensing center in W. Va. while I was in progress to be approved and they seem to be very friendly and helpful, not at all as one might expect. All forms and much info can be obtained through them. The phone number for the FFLC is 888-662-2750. I would be happy to pass along what I have learned to anyone planning on going into business.

    I have to admit that while there are hoops to jump through like any venture, this one wasn't really painful at all, at least for me. Expect to be inspected prior to your FBI background check being done during the licensing process by an ATF representative. They have to make sure that you meet the minimum letter of the law for a business, home based or not. They also go over the paperwork, both federal and state. My experience was very good. My agent was pretty cool and spent a long time with me answering my questions, going over how to correctly fill out the paperwork like the 4473, etc., and just making sure the prospective new dealer is familiar with what he/she needs to know. No complaints at all here.
    Last edited by WJN Firearms; 01-22-2010 at 10:53 AM. Reason: missed info

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