Gun Show Purchase Question

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  • salemons

    Plinker
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    Mar 22, 2008
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    I might try looking at the Indy 1500 for a new AK. Want a left side folder in 7.62. Does anyone know if this would need to be called in? I have a lifetime permit but most always when I buy a gun I'm delayed, I have a cousin with the same name that I think causes me problems.
     

    Shay

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    Mar 17, 2008
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    You will have to go through an "instant" background check if you buy from a licensed gun dealer.
     

    Bill of Rights

    Cogito, ergo porto.
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    Apr 26, 2008
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    Where's the bacon?
    Or you can buy a parts kit and a "flat" if you know what you're doing and can complete the other 20% of the receiver work yourself.

    Additionally, if you have a CCW from one of the states that allows it, you can skip the NICS. Utah, I think is one of those. Of course, to have that, you have to already be a law-abiding citizen, but I have yet to have anyone explain to me why we have to prove our innocence, rather than have someone who wants to take our freedoms and rights from us having to prove our guilt of some crime.

    Blessings,
    B
     

    wolfman

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    May 5, 2008
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    Additionally, if you have a CCW from one of the states that allows it, you can skip the NICS.

    Sorry but your info is incorrect ,,,, most dealers at the 1500 don't even look at your carry license anymore, and all purchases through a FFL dealer get the call in. Only way to get around it would be a face to face with one of the hundreds of owners walking around, looking to sell or trade.
     

    Ri22o

    Shooter
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    Feb 7, 2008
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    Sorry but your info is incorrect ,,,, most dealers at the 1500 don't even look at your carry license anymore, and all purchases through a FFL dealer get the call in. Only way to get around it would be a face to face with one of the hundreds of owners walking around, looking to sell or trade.
    aka the 'gunshow loophole' :rolleyesedit:
     

    Bill of Rights

    Cogito, ergo porto.
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    Apr 26, 2008
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    Sorry but your info is incorrect ,,,, most dealers at the 1500 don't even look at your carry license anymore, and all purchases through a FFL dealer get the call in. Only way to get around it would be a face to face with one of the hundreds of owners walking around, looking to sell or trade.
    Perhaps this is how the dealers are choosing to do business; I don't know, as I've not been to the 1500. My information is correct, however, as per ATF Online - Sale of firearms to aliens admitted to the United States under a nonimmigrant visa

    CCWs and/or permits to purchase firearms from any of 19 states do qualify as alternatives to the background check requirements of the Brady law.

    I'm not saying what the FFLs at the 1500 do or don't do, just what ATF says the law is. Admittedly, however, (I just thought about that sentence) I've not gone to read that law's specifics for myself.

    Blessings,
    B
     

    NateIU10

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    Feb 19, 2008
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    I may be wrong, but I was under the impression that Indiana State Law requires the FFLs to do the background checks. It does not matter where your carry permit is from, its IC that requires it. It used to be that carry permits were substitutes, but that was changed in the early 2000's (I think).
     

    Bill of Rights

    Cogito, ergo porto.
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    I may be wrong, but I was under the impression that Indiana State Law requires the FFLs to do the background checks. It does not matter where your carry permit is from, its IC that requires it. It used to be that carry permits were substitutes, but that was changed in the early 2000's (I think).
    Now that's possible- I don't know on that one. I'll see if I can find out and you do likewise. If anyone does come up with an answer, let's post the verifying link so we can all see it, too.

    Blessings,
    B

    ETA: I'm surprised. If I read it correctly, the relevant state statute is IC 35-47-2.5 and state law doesn't seem to require anything if the purchaser holds a LTC (or is a LEO or importer/collector FFL)

    35-47-2.5-4 says they have to get a NICS check, but 2.5-1 says that doesn't apply to those groups.

    Fed law, of course, still requires NICS except as I noted above, per ATF.

    Standard IANAL and TINLA disclaimers apply.

    B
     
    Last edited:

    NateIU10

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    And also:
    Legal Community Against Violence

    Brady Exemption Concealed weapons permit holders in Indiana are not exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the federal Brady Act. Please note that ATF’s exempt status determination for a given state is subject to change without notice.
    Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d).
    Although Indiana Code Annotated § 35-47-2.5-1 specifically excludes Indiana residents licensed to carry handguns from the handgun sales requirements of Chapter 35-47-2.5, the Indiana State Police have stated that this statute became inoperative on October 1, 2003, when Indiana licenses to carry a handgun ceased being an alternative to background checks under the federal Brady Act.
     

    Bill of Rights

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    This chart:
    NRA-ILA :: Federal Gun Laws

    and this forum:
    http://www.thehighroad.org/archive/index.php/t-39358.html

    The BATFE doesn't accept it anymore because the state requirements to get the LTCH are not up to the Federal Standards.

    Makes a lot of sense really :n00b::rolleyesedit::bash:
    Oh yeah, all kinds of sense. (sarcasm off) Seriously, though, that's why I was saying to use a UT CCW or one of the other 20 states that BATFE does still recognize as an alternative. IIRC, the part where we "aren't up to Fed standards" is the fact that ISP checks your state-level record but not NICS when a 01FFL calls in your purchase, meaning we have to pass two levels of background check for a gun purchase and three (at least) for a LTC.

    "...shall not be infringed."... hmmm....

    Blessings,
    B
     

    NateIU10

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    But I am still under 21, so no UT or FL permit for me :dunno:

    "Shall not be infringed" yeah, I'm gonna have to call :bs: unfortunately
     
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