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

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.

• 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.