Universal Background Checks - Concealed Carry Permit Holders

[VaTom]

This is not a political post just a post seeking information.

In July of 2020 new restrictions went into effect in the Commonwealth of Va. Prior to that time private sales between two state residents did not required you to do a background check through a FFL. Now you have to do that. Also limits handgun purchases to one a month through an FFL unless you have a Concealed Carry Permit. This was under a Democratic Governor and Democratic Controlled General Assembly.

We now have a Republican Governor, Republican controlled House of Delegates, but the State Senate is still controlled by Democrats. In this years session (in session now) a Republican Senator entered a Bill to exclude from universal background check a sale between two state residents who hold conceal carry permits. The bill was "passed over indefinitely" in the Senate committee so it is dead unless they return to consider it which is unlikely. (In Virginia Concealed Carry permits are issued by the Circuit Court Clerk for five years in the locality where you live after a background check, proof of training, etc.)

My question is two fold:

Are there any states that allow a private sale between two resident CCP holders without a "universal background Check" at a FFL?

Are there any states where such restrictions have been passed and then amended and loosened when the political parties in control change?

 

[glenwolde]

Are there any states that allow a private sale between two resident CCP holders without a "universal background Check" at a FFL?

Well.....yes, since there are states that permit private sales without carry (or any other) permits.

But I think you mean ones that also restrict private sales otherwise.

 

[ladder13]

To #1, Yes, North Carolina allows private sales. No paperwork required between CHP holders, or a qualified resident with a permission slip, aka PPP, signed by the Sheriff.

Our CHP is our BGC, no need to go to an FFL. You can go to an FFL or have the buyer sign a BOS if you wish, but no requirement.

Buy by the truckload.

#2 I have no knowledge.

 

[altbrewer]

Among others, Texas allows sales between private individuals without background checks. My license to carry also allows me to receive a firearm purchase without waiting for the results of the federal background check. Makes sense, considering the fingerprints and background check I had to provide when I got licensed.

 

[Inusuit]

Wyoming has no restrictions on face to face sales between state residents.

 

[Truckman]

No restrictions here in Texas other than the need to adhere to Federal law, IE: no sales to known felons, drug addicts, minors, crazies and no handgun sales to out of state residents...When I transfer ownership of any gun, I look at Texas ID to verify residence and age......Ben

 

[cgt4570]

To #1, Yes, North Carolina allows private sales. No paperwork required between CHP holders, or a qualified resident with a permission slip, aka PPP, signed by the Sheriff.

Our CHP is our BGC, no need to go to an FFL. You can go to an FFL or have the buyer sign a BOS if you wish, but no requirement.

Buy by the truckload.

#2 I have no knowledge.

Several years ago, I gifted a handgun to a relative in NC (I'm in TN). I expected to have to go through a local FFL (as Federal law suggests). The local Sheriff's office said they were allowed to authorize the transfer. My relative just had to do the paperwork for the state required permit to purchase. My relative has her handgun, and a little piece of paper from them saying she was allowed by the state to purchase (or receive it as a gift in this particular case) from me.
Still doesn't sound correct to me, but it was cheaper than going through a dealer.

Thankfully in TN, there are no special requirements (beyond asking if the buyer is a felon, and ensuring they are a TN resident) to buy or sell a handgun.

 

[quikdraw67]

In PA the CWP doesn't affect background checks. If you are buying any kind of gun at a FFL dealer, you will be subjected to a BC, whether you have a carry permit or not.

Regarding private sales, face to face with no BC is OK for long guns. Handguns must be transferred though a FFL and the buyer has to go through a background check.

 

[ISCS Yoda]

To clarify, Texas FFLs don't even run NICS checks on LTC holders. They do not have to. They take a copy of the LTC, you complete the 4473, they take your money, and you leave with the firearm. Any firearm not under the NFA. Done and done.

Same with face to face transfers. You can sell, trade, or give your guns of any kind not under the NFA to anyone legally permitted to possess a firearm.

Texas is still a free state. For now.............

 

[ancient-one]

Private sales between two Oklahoma residents has no restrictions. My problem is that I don't sell guns, I buy them. What few that I have sold, I required a OK DL.

 

[sigp220.45]

Colorado could not possibly care less if you have a CCW, retired from the cops, or are currently the Pope - everybody gets a background check and pays $10.50 to the Guvner. Buying from a store? Pony up your $10.50. Buying from your neighbor? Carry your behind down to the store and pony up $10.50 for the Guvner and $25 for the store.

 

[fordson]

Florida currently does not require a background check for firearm sale between state residents, CWP not withstanding.

 

[Mike SC Hunter]

This is not a political post just a post seeking information.

In July of 2020 new restrictions went into effect in the Commonwealth of Va. Prior to that time private sales between two state residents did not required you to do a background check through a FFL. Now you have to do that. Also limits handgun purchases to one a month through an FFL unless you have a Concealed Carry Permit. This was under a Democratic Governor and Democratic Controlled General Assembly.

We now have a Republican Governor, Republican controlled House of Delegates, but the State Senate is still controlled by Democrats. In this years session (in session now) a Republican Senator entered a Bill to exclude from universal background check a sale between two state residents who hold conceal carry permits. The bill was "passed over indefinitely" in the Senate committee so it is dead unless they return to consider it which is unlikely. (In Virginia Concealed Carry permits are issued by the Circuit Court Clerk for five years in the locality where you live after a background check, proof of training, etc.)

My question is two fold:

Are there any states that allow a private sale between two resident CCP holders without a "universal background Check" at a FFL?

Are there any states where such restrictions have been passed and then amended and loosened when the political parties in control change?

Here in SC you don't need nuthin to sell another person legally.

 

[Thiokol]

In Illinois, to own a firearm you must obtain a Firearm Owner Identification Card. Other than that, private party sales are allowed but you have to run the buyer’s FOID number through the state police website for approval. Once that’s done the buyer can take delivery 72 hours from the time that the sale was agreed to.

 

[Rob613]

No background checks in Montana for private sales, concealed carry let’s you bypass the nics check at a FFL. Just fill out the 4473 and go.

I won’t go over the process in NY since it’s ridiculous but one thing I learned…once they take a right away, you’ll rarely ever get it back.

 

[otis24]

Count South Dakota amongst the Land of the Free!

 

[Kevin J.]

but one thing I learned…once they take a right away, you’ll rarely ever get it back.

So true. Very wise words…..

 

[VaTom]

Thanks for all the responses. Virginia did put a maximum charge of $15 for the FFL to do the background check through the state police for a private (person to person) sale.

I stopped in a large local modern gun shop / range and inquired about their process. The guy behind the counter say they don't do private person to person background check as the State Police and ATF haven't come to an agreement on the process ??? I think it is just a store policy as they advertise locally (big ad) in the newspaper every weekend that they buy firearms or they will consign your firearm so perhaps it would cut into their business.

 

[BC38]

In answer to your first question, Idaho still allows FTF sales between legal gun owners with no FFL or BGC.
Washington used to - but the Republic of Puget Sound (Seattle area) managed to push through a UBGC law, which quickly lead to a waiting period for handguns and semi-auto rifles, even for those with a CCP.

So far none of it has been reversed - or for that matter even challenged in court. Nobody has any "standing" to fight it in court because in 6-7 years only ONE person has been prosecuted for violating it. A guy sold a gun to his thug nephew who used it to kill someone. He's the only person who has been charged under the new law AFAIK.

Of course that begs the question "what has the law accomplished - other than to make some money for the FFLs and inconvenience us LAW ABIDING folks buying firearms"? Obviously if only ONE criminal has been prosecuted for breaking this law in around 7 years the answer is NOTHING.

 

[Paul in Nevada]

Never give them an inch. You will not get it back. Here in NV we had private party sales between residents and never had a problem. The people were fool enough to vote for "common sense background checks" and we were told that private sales at an FFL would cost nothing! Well, that was a lie. The NICS/4473 in a private party sale is free, but FFL's can charge whatever they want. Some charge $50, some won't do private party transfers at all! If the buyer has a CCW he can walk out with his gun the same day. If not, the background check can take two weeks.