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John Boy

Guide to the National Instant Check System

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Too bad it doesn't really work this way....

 

My state has a permit-to-purchase system. What can I expect under the NICS system?

Permits that meet the criteria established by BATF will exempt purchasers from a NICS check at the point-of-sale, and handgun permits that meet the criteria will be accepted for long gun purchases.

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The fact that the NJ permit system has been required to incorporate a NICS check into the permit system means you should be exempt.From the NICS at the FFL. However, if they did this NJ wouldn't be able to collect their fee.

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FFL, FBI or NJSP do not have duty to advise you of your rights under the law, except to Mirandize you.

 

Every FID issued less than 5 years old falls under paragraph (3) of 922(t).

If S2723 goes in effect, every embedded FID is less than 5 years old.

 

http://codes.lp.findlaw.com/uscode/18/I/44/922

 

 

(3) Paragraph (1) shall not apply to a firearm transfer between a licensee and another person if -
(A)(i) such other person has presented to the licensee a permit that -
(I) allows such other person to possess or acquire a firearm; and
(II) was issued not more than 5 years earlier by the State in which the transfer is to take place; and
(ii) the law of the State provides that such a permit 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 such other person would be in violation of law;

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