private sale abckground checks

[Just Bill]

I just read an article in the March 1st Freedom(pg 20) about Nevada's recently passed law.  Their AG declared it unenforceable after receiving a letter from the FBI, that says states can't mandate how the feds allocate time.  That law requires local dealers to go through NICS, just like ours.  Has that ever been looked into for DE???

Bill

[NormH3]

This was the point I made when Bryan Townsend et al passed the law stating that Delaware residents would have to wait an additional 25 days on a back ground check if the seller didn't get a response within the 3 day limit as instructed by federal law.

[Just Bill]

So one state says not enforceable, ours says, tough do-do.......

[NormH3]

It probably needs to be challenged first.

[Federal Firearm]

the 25 day delay is the silliest thing i have seen...accomplishes nothing other than makes people wait.....nics is set up for 3 days after that they never get back to dealers....so what was the purpose again for this law?

[PPScarry]

It makes the liberals feel good. Other than that nothing.

[NormH3]

the 25 day delay is the silliest thing i have seen...accomplishes nothing other than makes people wait.....nics is set up for 3 days after that they never get back to dealers....so what was the purpose again for this law?

That's exactly how I explained it on Townsend's public FB page after he announced it had passed. The response?....    crickets

[rikwick]

I was told a Trin Tac that if we possess a ccdw the 25 day wait does not apply. 

[NormH3]

I was told a Trin Tac that if we possess a ccdw the 25 day wait does not apply. 

The reason the 25 day doesn't apply in that situation is because if you hold a permit, you are exempt from a federal background check...supposedly. Delaware no longer does state checks as they were considered redundant.

[lynch]

I was told a Trin Tac that if we possess a ccdw the 25 day wait does not apply. 

The reason the 25 day doesn't apply in that situation is because if you hold a permit, you are exempt from a federal background check...supposedly. Delaware no longer does state checks as they were considered redundant.

That only relates to a private sale where the buyer has a permit. Public sales still require a background check.

[Lumspond]

Lynch is correct.
Also in the "old days", we were subjected to both a state and federal check when buying a firearm. Your CCDW exempted you from the state, but not the federal.

[NormH3]

This is what I was reffering to.

"However, the laws concerning the background checks themselves - or specifically, when and where a background check is warranted, what they consist of, etc. - is the domain of the Bureau of Alcohol, Tobacco, Firearms and Explosives. (The BAFTE was previously the bureau of just the first three things and thus is colloquially referred to as the ATF.) The way the Loophole works is that if the requirements of getting a concealed carry permit satisfy the same investigatory requirements as an NICS check for a handgun...bearer of said permit doesn't need to submit to a background check. They already passed the background check to get the license.. Continue reading at: http://gunbelts.com/blog/nics-background-check-exemption/"

http://gunbelts.com/blog/nics-background-check-exemption/

It's documented this way on other sites as well.

[Just Bill]

When I presented my permit the last few times, I was told it matters not in the  PRODE.  Still have to do the check.  Even to Chris.

Bill

[SturmRugerSR9]

When I presented my permit the last few times, I was told it matters not in the  PRODE.  Still have to do the check.  Even to Chris.

Bill

Seems this may be a policy of the gun store. Maybe you need to check around for another gun store?

[oldgraygeek]

When I presented my permit the last few times, I was told it matters not in the  PRODE.  Still have to do the check.  Even to Chris.

Bill

Seems this may be a policy of the gun store. Maybe you need to check around for another gun store?

The Delaware CCDW permit does not eliminate the requirement that an FFL must do a NICS check when they sell a firearm.
I can sell you a firearm if you show me your permit. Chris can't.