ATF: Alabama Concealed-Carry Permit Holders No Longer Exempt from NICS Checks

in Concealed Carry/EDC, Max Slowik, This Week
ATF: Alabama Concealed-Carry Permit Holders No Longer Exempt from NICS Checks
Flaws within Alabama’s concealed-carry system permitted felons and other federally prohibited persons to purchase firearms, in some cases even after failing a background check. (Photo: ATF)

After reviewing a series of investigations following the alleged sale of firearms to prohibited persons, the ATF is revoking the NICS background check exception for Alabama concealed-carry permit holders.

According to investigators, Alabama concealed-carry programs issued permits to individuals without completing background checks, in some cases, issued permits to individuals who failed their background checks, and, most critically, issued permits to felons and other federally prohibited persons.

These felon permit-holders were then able to purchase firearms without undergoing background checks at the point of sale. Due to these errors, the ATF no longer accepts Alabama concealed-carry permits as valid background check exemptions.

“Alabama CCP permits have been, and continue to be, issued to individuals without completion of a NICS check, or after a NICS denial,” said the ATF in their public safety advisory. “At least some of these permits were issued to felons and other federally prohibited persons who used them to purchase firearms from Alabama FFLs without a NICS check.”

“In addition, ATF has determined that some Alabama counties have not been requiring non-U.S. citizen CCP permit applicants to submit the information necessary to run the [Immigrant Alien Query], specifically, the place/country of birth and an alien registration or admission number.”

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“Because county sheriffs have issued CCP permits s without completing a full NICS check, firearms have been transferred to felons and other prohibited individuals in violation of federal law, thereby creating a substantial public safety concern,” they said. “For this reason, the standards set forth in the Brady law require us to find that Alabama’s CCP permits no longer qualify as a NICS check alternative.”

“In the interest of public safety, and effective immediately, FFLs in Alabama may no longer accept CCP permits as an alternative to a NICS check,” said the ATF. “Unless another exception applies, a NICS check must be conducted whenever you transfer a firearm to an unlicensed person even if the individual presents an unexpired CCP permit.”

Prior to this decision, the ATF allowed Alabama gun stores and other FFLs to waive the federal background check process to anyone with a valid and recent state concealed-carry permit. The exemption went into place in February 2016.

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About the author: Max Slowik is a writer with over a dozen years of experience and is a lifelong shooter. He has unwavering support for the Second Amendment and the human right to self-defense. Like Thomas Paine, he’s a journalist by profession and a propagandist by inclination.

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  • D.J. July 28, 2019, 7:37 pm

    I am a strong advocate for the 2A , law of the land , no
    exceptions .
    However , not checkinging backround , piss-poor idea !
    Federally , convicted felons are prohibited from possessing
    firearms . Not to suggest they would slide ” under the radar ” ,
    but what if ……
    That damned war settled this question .
    Federales make the rules .
    I don’t like it one damned bit , but to dismiss it would do
    disservice to my ancestors .

  • interventor July 26, 2019, 6:35 pm

    My Alabama county sheriff does a rather complete investigation before issuing a CCL.

  • Trevor_Phillips July 26, 2019, 4:05 pm

    This is all a bunch of bull, I live in Alabama and every time I’ve purchased a gun they run a NICS check on me even though I have a CCW permit. Everybody knows that the ATF is a joke, just look at Waco.

    • Robert Spuhl July 27, 2019, 11:17 pm

      I live in Alabama as well… they’ve not been doing background checks on me… they’ve asked if I have a CCW… when I present it they don’t don’t do a background check… of course now they will thanks to some idiots.

  • Kenny Smith July 26, 2019, 1:12 pm

    This is more lying done by the left. Once again the propaganda from the gun control freaks are making up incidents that don’t exist. Most all gun people with carry permits are honest and decent people and would not do theith

  • Vic July 26, 2019, 12:39 pm

    There will always be cracks in any man made system.

    We need to reject the notion that individual failures or wrongs merit Population Wide Controls.. A”Mass Punishment/Control.

    Again this issue is Not about Guns..but about “Control” and the ability to engage in False Flag or Opportunistic Attacks on Liberty..

    “Never let a good “Crisis” (as often as not a fake crisis) go to waste”

  • Ralph July 26, 2019, 11:46 am

    I do not believe any Sheriff would issue a permit to a felon in this state. Permit to conceal what? It is illegal for felons to possess firearms!
    There a democrat (commie) behind this. We value liberty in this state which makes Alabama a target.

  • Tommy Laney July 26, 2019, 9:40 am

    Tim, I agree. If found guilty they should be removed from office. Their more concerned with the income from the permit fees than public safety!

  • T July 26, 2019, 8:30 am

    Sounds like the ATF is making up some BS. If no background checks were conducted how does the ATF know that guns were sold to felons??

    • Winston July 26, 2019, 12:53 pm

      Some of the counties in AL have black majority populations and have elected black sheriffs. It is suspicious that the counties have not been named. One third of all black males in the US are either on parole, in prison, in jail awaiting trial or have been freed from incarceration but are convicted felons.

  • Tim Winger July 26, 2019, 6:44 am

    What is bing done about the sheriffs who are issuing carry permits to prohibited persons? That’s what should be investigated most thoroughly here.

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