SDA License Number on 4473 Forms

[SoonerP226]

I have gotten delayed once at a gun show, and it was very embarrassing. The dealer basically very loudly told me that I must have something in my history that brings up a flag, as if it was my fault.

If he portrayed it that way, he's a jerk. I don't know if it's still the case, but people used to get delayed for all sorts of silly reasons. A friend of mine used to own a gun store, and he had an active duty Colonel stationed at Tinker who would get delayed every single time he went through NICS. I think they figured it had something to do with his security clearance or maybe his rank, because he had no criminal record and his name wasn't all that common, plus he was eventually approved every time.

 

[Rod Snell]

i was always told that the reason we couldn't use our SDA license on the form 4473s was because of the SDA class length
something about needing to be more than 10 hours of class time
it was around the first renewals being processed

Utah class time is 3 hours with no shooting, and theirs qualifies instead of the NCIS check. Hearsay information is incorrect in this case, as it often is.

Permanent Brady Permit Chart


Prepared by: ATF Office of Enforcement Programs and Services.

Last updated: June 10, 2014

Note: Notwithstanding the dates set forth below, permits qualify as alternatives to the background check requirements of the Brady law for no more than 5 years from the date of issuance. The permit must be valid under State law in order to qualify as a Brady alternative.



State / Territory

Qualifying Permits



Alabama
None

Alaska
Concealed weapons permits marked NICS-Exempt

American Samoa
None

Arizona
Concealed weapons permits qualify.

Arkansas
Concealed weapons permits issued on or after April 1, 1999 qualify.
*


California
Entertainment Firearms Permit only

Colorado
None

Connecticut
None

Delaware
None
*


District of Columbia
None
*


Florida
None
*


Georgia
Georgia firearms licenses qualify.

Guam
None
*


Hawaii
Permits to acquire and licenses to carry qualify.

Idaho
Concealed weapons permits qualify.

Illinois
None

Indiana
None

Iowa
Permits to acquire and permits to carry concealed weapons qualify.

Kansas
Concealed handgun licenses issued on or after July 1, 2010 qualify as alternatives to the background check.

Kentucky
Concealed weapons permits issued on or after July 12, 2006 qualify.

Louisiana
None
*


Maine
None
*


Maryland
None
*


Massachusetts
None
*


Michigan
Licenses to Purchase a Pistol qualify. Concealed Pistol Licenses (CPLs) issued on or after November 22, 2005, qualify as an alternative to a National Instant Criminal Background Check System (NICS) check. CPLs issued prior to November 22, 2005 and Temporary Concealed Pistol Licenses do not qualify as NICS alternative.

Minnesota
None
*


Mississippi
License 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).

Missouri
None
*


Montana
Concealed weapons permits qualify.

Nebraska
Concealed handgun permit qualifies as an alternative. Handgun purchase certificates qualify.

Nevada
Concealed carry permit issued on or after July 1, 2011, qualify.

New Hampshire
None

New Jersey
None

New Mexico
None

New York
None

North Carolina
Permits to purchase a handgun and concealed handgun permits qualify.

North Dakota
Concealed weapons permits issued on or after December 1, 1999 qualify.
*


Northern Mariana Islands
None

Ohio
None

Oklahoma
None
*


Oregon
None
*


Pennsylvania
None

Puerto Rico
None

Rhode Island
None

South Carolina
Concealed weapons permits qualify.

South Dakota
None
*


Tennessee
None

Texas
Concealed weapons permits qualify.

U.S. Virgin Islands
None

Utah
Concealed weapons permits qualify.

Vermont
None

Virginia
None

Washington
Concealed pistol license issued on or after July 22, 2011 qualify.

West Virginia
Concealed handgun license issued on or after June 4, 2014 qualify.

Wisconsin
None

Wyoming
Concealed weapons permits qualify.

* While certain permits issued in these states prior to November 30, 1998 were “grandfathered” as Brady alternatives, none of these grandfathered permits would still be valid under State law as of November 30, 2003.
http://www.atf.gov/content/firearms/firearms-industry/permanent-brady-permit-chart

https://www.atf.gov/press/releases/1998/10/103098-openletter-ffl-oklahoma-brady-law.html

 

[Gabriel42]

Pertinent CFR:
http://www.law.cornell.edu/cfr/text/27/478.102

(d) Exceptions to NICS check. The provisions of paragraph (a) of this section shall not apply if—
(1) The transferee has presented to the licensee a valid permit or license that—
(i) Allows the transferee to possess, acquire, or carry a firearm;
(ii) Was issued not more than 5 years earlier by the State in which the transfer is to take place; and
(iii) The law of the State provides that such a permit or license is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a firearm by the transferee would be in violation of Federal, State, or local law: Provided, That on and after November 30, 1998, the information available to such official includes the NICS;

Wonder if the OSBI uses NICS or not? That and the state law could be the impetus.

 

[SMS]

Pertinent CFR:
http://www.law.cornell.edu/cfr/text/27/478.102

Wonder if the OSBI uses NICS or not? That and the state law could be the impetus.

They probably don't since Oklahoma is a "non participant" state for NICS.

Like I said in my earlier post, Oklahoma would have to take steps, be it law or procedure, to bring our permit system in line with the requirements for a Brady exemption and then petition the BATFE to grant that exemption.

The juice isn't worth the squeeze to me.

 

[Gabriel42]

They probably don't since Oklahoma is a "non participant" state for NICS.

Like I said in my earlier post, Oklahoma would have to take steps, be it law or procedure, to bring our permit system in line with the requirements for a Brady exemption and then petition the BATFE to grant that exemption.

The juice isn't worth the squeeze to me.

Clarification: Question regarding NICS was in relation to the background check for the SDA permit not them participating as a clearing house for NICS.

Texas shows as a non-participant state but still has the exemption.

[Broken External Image]

 

[SMS]

Yeah, I get that. I was just making the leap that since we don't participate as a NICS clearinghouse we probably don't use NICS as part of the permit background check either.

Other states might, but it's not far fetched that we don't.

 

[Gabriel42]

Yeah, I get that. I was just making the leap that since we don't participate as a NICS clearinghouse we probably don't use NICS as part of the permit background check either.

Other states might, but it's not far fetched that we don't.

Ok, just wanted to make sure.

Still seems like 2 fairly easy fixes; piece of legislation and adding an extra check block and 5 min burden on what has recently been an extremely efficient section or public servant. People that would care to use the perk would only be good to go within the first 5 years of a 10 yr license or be stuck renewing every 5 years.

 

[Bearly]

Is there an upside to being a non participating state?

 

[Gabriel42]

Is there an upside to being a non participating state?

By non-participating, it means that there is not someone, or group of someone's, at the OSBI or other OK state agency that interfaces with the NICS systems and clears or denies approvals when a 4473 is called in to them. Instead, in non-participating states, FFL holders call or submit 4473 information directly to the NICS system. The burden remains unchanged at the FFL holder as they are submitting the same info just to different people so it appears the upside is the time and money savings by the state not having a dedicated section to process.