non-resident CHL as alternative to NICS check

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txnative1951
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non-resident CHL as alternative to NICS check

Post by txnative1951 »

Awhile back, I was in Las Vegas on business and noticed that Nevada did not recognize my (resident) Texas CHL. Having some spare time while I was there and since I don't gamble or hit the casinos for buffets, I decided to get a Nevada (non-resident) CHL in my spare time. So, I took the Saturday 1-day course at one of the gun ranges near the strip and then went to the LVMPD locations on Monday and did the fingerprint and photo part and submitted the application. All in all, I would say that it was very straightforward and less paperwork and running around than when I got my Texas CHL.

So, the question that I have is:
Will a non-resident CHL act as an alternative to the NICS check when purchasing a firearm through a FFL? I know that I could bypass the NICS check with my Texas CHL, but I'm curious if I can bypass it with my Nevada CHL.

Oh, BTW, it took exactly 13 weeks from when I turned in my paperwork to the LVMPD to receiving my NV CHL in the mail. My wife has been waiting longer than that just for her TX CHL renewal that was done entirely online!
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The_Busy_Mom
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Re: non-resident CHL as alternative to NICS check

Post by The_Busy_Mom »

A non-resident NV CHL will NOT exempt you from NICS if you are buying a gun in Texas. It is Texas CHL or nothing. I am not sure if a NV CHL will actually exempt NICS checks in NV - not saying it will or won't - but not all states that have CHL have a NICS exemption attached with them. And some states don't even participate in NICS.

:txflag: TBM

ETA: Just saw this is your first post - welcome to the forum!
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nightmare
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Re: non-resident CHL as alternative to NICS check

Post by nightmare »

In Nevada, it depends when the license was issued. https://www.atf.gov/content/firearms/fi ... rmit-chart" onclick="window.open(this.href);return false;
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txnative1951
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Re: non-resident CHL as alternative to NICS check

Post by txnative1951 »

nightmare wrote:In Nevada, it depends when the license was issued. https://www.atf.gov/content/firearms/fi ... rmit-chart" onclick="window.open(this.href);return false;
It is a very recent CHL, so according to that ATF page at least, it should work as a replacement to the NICS. Interesting that the Florida one does not though -- that was going to be the next one I was going to get when the Nevada one gets close to expiring.
mikeloc
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Re: non-resident CHL as alternative to NICS check

Post by mikeloc »

txnative1951 wrote:Awhile back, I was in Las Vegas on business and noticed that Nevada did not recognize my (resident) Texas CHL. Having some spare time while I was there and since I don't gamble or hit the casinos for buffets, I decided to get a Nevada (non-resident) CHL in my spare time. So, I took the Saturday 1-day course at one of the gun ranges near the strip and then went to the LVMPD locations on Monday and did the fingerprint and photo part and submitted the application. All in all, I would say that it was very straightforward and less paperwork and running around than when I got my Texas CHL.

So, the question that I have is:
Will a non-resident CHL act as an alternative to the NICS check when purchasing a firearm through a FFL? I know that I could bypass the NICS check with my Texas CHL, but I'm curious if I can bypass it with my Nevada CHL.

Oh, BTW, it took exactly 13 weeks from when I turned in my paperwork to the LVMPD to receiving my NV CHL in the mail. My wife has been waiting longer than that just for her TX CHL renewal that was done entirely online!
You cannot bypass the NICS in Texas with a Nevada permit.
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The_Busy_Mom
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Re: non-resident CHL as alternative to NICS check

Post by The_Busy_Mom »

txnative1951 wrote:
nightmare wrote:In Nevada, it depends when the license was issued. https://www.atf.gov/content/firearms/fi ... rmit-chart" onclick="window.open(this.href);return false;
It is a very recent CHL, so according to that ATF page at least, it should work as a replacement to the NICS. Interesting that the Florida one does not though -- that was going to be the next one I was going to get when the Nevada one gets close to expiring.
If you were in NV, and your NV CHL met the timeline qualification, then you could bypass the NICS in NV. You cannot use an out-of-state CHL to bypass NICS in Texas.
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txnative1951
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Re: non-resident CHL as alternative to NICS check

Post by txnative1951 »

The_Busy_Mom wrote:If you were in NV, and your NV CHL met the timeline qualification, then you could bypass the NICS in NV. You cannot use an out-of-state CHL to bypass NICS in Texas.
But if I was in Nevada, I have to wonder if the fact that I was not a Nevada resident would prevent me from buying a firearm there even with the Nevada CHL.

It's starting to sound like I'm going to have to keep my Texas CHL also.
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The_Busy_Mom
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Re: non-resident CHL as alternative to NICS check

Post by The_Busy_Mom »

txnative1951 wrote:
The_Busy_Mom wrote:If you were in NV, and your NV CHL met the timeline qualification, then you could bypass the NICS in NV. You cannot use an out-of-state CHL to bypass NICS in Texas.
But if I was in Nevada, I have to wonder if the fact that I was not a Nevada resident would prevent me from buying a firearm there even with the Nevada CHL.

It's starting to sound like I'm going to have to keep my Texas CHL also.
I probably chose my word poorly. Let me correct.

If you live in NV, and your NV CHL met the timeline qualification, then you could bypass the NICS in NV. You cannot use an out-of-state CHL to bypass NICS in Texas. You can purchase a gun in a non-resident state, you just can't take possession of that gun (there are a few exceptions to this, but that is for another thread). You would have to have it shipped to a dealer in your state, and then pass the background in your resident state.

Long and short: If you are a resident of Texas, and want to bypass NICS in Texas, the only CHL that will work is a Texas CHL. The advantage to having non-resident CHLs is that a couple of them have reciprocity with states that Texas does not. Right now, your Texas CHL is valid in 30+ states. IMO, Texas residents should have Texas CHL primary, others secondary.

:txflag: TBM
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apostate
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Re: non-resident CHL as alternative to NICS check

Post by apostate »

The_Busy_Mom wrote:You can purchase a gun in a non-resident state, you just can't take possession of that gun (there are a few exceptions to this, but that is for another thread). You would have to have it shipped to a dealer in your state, and then pass the background in your resident state.
There's no impediment in Federal law to me walking into a gun shop in another state, purchasing an AR-15, and walking out with it. Furthermore, thanks to the change in TPC 46.07, it doesn't need to be a contiguous state these days.
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The_Busy_Mom
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Re: non-resident CHL as alternative to NICS check

Post by The_Busy_Mom »

apostate wrote:
The_Busy_Mom wrote:You can purchase a gun in a non-resident state, you just can't take possession of that gun (there are a few exceptions to this, but that is for another thread). You would have to have it shipped to a dealer in your state, and then pass the background in your resident state.
There's no impediment in Federal law to me walking into a gun shop in another state, purchasing an AR-15, and walking out with it. Furthermore, thanks to the change in TPC 46.07, it doesn't need to be a contiguous state these days.
Hence why I said there are a few exceptions to this rule. The OP didn't specify type of firearm (rifle vs. handgun). Just firearm. Plus, not only does the purchaser have to comply with Texas law, they also have to comply with the law for their state. So, while Texas may have removed the contiguous state clause, does the resident state have any law about interstate purchases? And handguns purchased from an out-of-state FFL must go through a FFL in your resident state. As a purchaser, you need to be well informed of the laws for your state/city/area because they can be very different depending on where you are.

:txflag: TBM
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Final Shot Armory - Specializing in Firearms Sales & Transfers, NFA Sales
$20 Transfers for Current TX CHL Holders, Military, Teachers, LEO / $25 Everyone else
http://www.FinalShotUS.com" onclick="window.open(this.href);return false;
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