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Home Articles Concealed Carry

Does A Concealed Carry Permit Allow You to Bypass a Background Check When Purchasing a Firearm?

Luke McCoy by Luke McCoy
May 27, 2023
in Articles, Concealed Carry, General Firearm
Reading Time: 2 mins read
Does Having a CCW Bypass Background Checks When Buying a Gun?
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The USA Carry team fields a wide array of permit-related queries, and one of the most frequent among these revolves around the concealed carry permit’s capacity to bypass background checks. Does possessing such a permit effectively expedite your firearm purchase, eliminating the need for a background check, allowing you to complete the paperwork, pay, and promptly leave the store with your newly purchased firearm? The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) provides a clear list of permits and licenses that might just do that, and to simplify things for our readers, we’ve included this list on our website.

If you’re in a rush and want to avoid the historical backdrop, click here to scroll right to the list detailing states where concealed carry permits can exempt holders from background checks.

As many are aware, purchasing a firearm from a licensed dealer involves filling out the ATF Form 4473. The dealer then contacts the National Instant Criminal Background Check System (NICS) either through a phone call or the online portal (NICS E-Check). The typical responses include a “Proceed,” “Transfer,” or a “Delay.” A “Delay” implies that the background check requires further scrutiny, and you’ll have to wait for an updated response of “Proceed,” “Transfer,” “Deny,” or the passing of a three-business-day waiting period, depending on your state’s laws. However, if you possess a valid concealed carry permit or license, you might be able to bypass this background check step when buying a firearm.

The Origin of NICS Background Check Exemptions

The Brady Handgun Violence Prevention Act (Brady Act) is probably familiar to you, but if not, a quick overview: it mandates federal background checks on firearm purchases and initially imposed a five-day waiting period until the FBI established the NICS system in 1998.

The ATF reviews the laws governing the issuance of concealed carry permits or licenses in each state and determines whether possessing a valid permit or license can exempt you from a background check during a firearm purchase.

At the time of writing, 25 states have such exemptions. There are, however, a few exceptions, such as California, where only Entertainment Firearms Permit holders are exempted. Also, depending on when the law changed in some states, only permits or licenses issued on or after a specific date may be exempt. This may also depend on the permit or license type. For example, my Louisiana Concealed Handgun Permit came up for renewal last year (originally published in 2018). Since permits issued on or after March 9, 2015, qualify for the exemption, I renewed a few months early. I also discovered that only the 5-year permits are eligible for the exemption, while the lifetime permit is not. Thus, I chose the 5-year permit.

List of Concealed Carry Permits Exempt from NICS Checks The ATF last updated its list on December 20, 2022, and we will continue to update ours in line with any changes made by the ATF.

State or TerritoryQualifying Permits
WyomingConcealed weapons permits qualify.
WisconsinNone
West VirginiaConcealed handgun license issued on or after June 4, 2014 qualify.
WashingtonNone
VirginiaNone
VermontNone
UtahConcealed weapons permits qualify.
U.S. Virgin IslandsNone
TexasConcealed weapons permits qualify.
TennesseeNone
South DakotaGold Card Concealed Pistol Permits and Enhanced Permits to Carry a Concealed Pistol issued on or after January 1, 2017 qualify. Regular Concealed Carry Permits issued on or after July 1, 2018 qualify.
South CarolinaConcealed weapons permits qualify.
Rhode IslandNone
Puerto RicoNone
PennsylvaniaNone
OregonNone *
OklahomaNone *
OhioConcealed weapons permits issued on or after March 23, 2015, qualifies as an alternative to the background check requirements.
Northern Mariana IslandsNone
North DakotaConcealed weapons permits issued on or after December 1, 1999 qualify. *
North CarolinaConcealed handgun permits qualify.
New YorkNone
New MexicoNone
New JerseyNone
New HampshireNone
NevadaConcealed carry permit issued on or after July 1, 2011, qualify.
NebraskaConcealed handgun permit qualifies as an alternative. Handgun purchase certificates qualify.
MontanaConcealed weapons permits qualify.
MissouriNone *
MississippiLicense to carry concealed pistol or revolver issued to individuals under Miss. Stat. Ann. § 45-9-101 qualify. (NOTE: security guard permits issued under Miss. Stat. Ann. §97-37-7 do not qualify).
MinnesotaNone
MichiganLicenses to Purchase a Pistol (LTP) are the only permits that qualify as a NICS alternative.
MassachusettsNone *
MarylandNone *
MaineNone *
LouisianaConcealed handgun permits issued on or after March 9, 2015 qualify. Lifetime Concealed Carry Permits qualify for the initial five-year period beginning on the original issuance date.
KentuckyConcealed Deadly Weapons License (CDW) and Judicial Special Status CDW issued on or after July 12, 2006 qualify.
Kansas Concealed handgun licenses issued on or after July 1, 2010 qualify as alternatives to the background check.
IowaPermits to acquire and permits to carry concealed weapons qualify.
IndianaNone
IllinoisNone
IdahoConcealed weapons permits qualify.
HawaiiPermits to acquire and licenses to carry qualify.
GuamNone *
GeorgiaGeorgia firearms licenses qualify.
FloridaNone *
District of ColumbiaNone *
DelawareNone *
ConnecticutNone
ColoradoNone
CaliforniaEntertainment Firearms Permit only
ArkansasConcealed weapons permits issued on or after April 1, 1999 qualify. *
ArizonaConcealed weapons permits qualify.
American SamoaNone
AlaskaConcealed weapons permits marked NICS-Exempt
AlabamaNone
  • These states had permits or licenses that were grandfathered in when the Brady Act took effect. However, none of these permits or licenses are still valid.

Tags: background checknics
Luke McCoy

Luke McCoy

Luke McCoy is the founder of USA Carry. In 2007, he launched USA Carry to provide concealed carry information and a community for those with concealed carry permits and firearm enthusiasts.

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