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WV: NICS Exemption Bill Passes Senate Committee Unanimously!

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bcr229

Regular Member
Joined
Jul 2, 2008
Messages
60
Location
Inwood, West Virginia, USA
Woohoo! Just read it on MD Shooters:
http://www.mdshooters.com/showthread.php?t=76250

West Virginia: NICS Exemption Bill Passes Senate Committee Unanimously

Yesterday, the state Senate Judiciary Committee passed Senate Bill 353 unanimously by a voice vote! Thank you to all of the Judiciary members who voted to expedite the firearm purchasing process for concealed carry permit holders in the Mountain State.

SB 353, introduced by state Senate Majority Leader John Unger (D-16) and Senate President Jeff Kessler (D-2), would expedite the process of purchasing a firearm for valid concealed carry permit holders by making West Virginia eligible for an exemption from the FBI National Instant Criminal Background Check System (NICS). Such carry permit holders have already cleared a background check. This legislation would further conform state law to federal law and enhance greater reciprocity for permit holders throughout the United States.
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And is the WVCDL site down again? I can't get to their legislation tracking system.
 
Sig229

Sig229

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Dec 14, 2006
Messages
926
Location
Pittsburgh, Pennsylvania, USA
Does the bill specifically say WV CHL holders?
I know an out of state person cant buy a pistol in WV, but if I have a PA LTCF could I get around the NICS of I buy a rifle in WV?
 
M

Moodock

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Joined
Jan 29, 2012
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14
Location
West Virginia
Sig229 said:
Does the bill specifically say WV CHL holders?
I know an out of state person cant buy a pistol in WV, but if I have a PA LTCF could I get around the NICS of I buy a rifle in WV?
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Maybe I am missing something, but reading SB 353, the only change I noticed in reference to NICS is this:

(b) For both initial and renewal applications, the sheriff shall conduct an investigation [strike]including a nationwide criminal background check[/strike] an inquiry through the National Instant Criminal Background Check System, in order to verify that the information required in [strike]subdivisions (1), (2), (3), (5), (6), (8) and (9),[/strike] subsection (a) of this section is true and correct.
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Strike is text to be removed, underlined is text added. As far as subsection a, it simply states:

§61-7-4. License to carry deadly weapons; how obtained.

(a) Except as provided in subsection (h) of this section, any person desiring to obtain a state license to carry a concealed deadly weapon shall apply to the sheriff of his or her county for the license, and shall pay to the sheriff, at the time of application, a fee of $75, of which $15 of that amount shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code. Concealed weapons permits may only be issued for pistols or revolvers. Each applicant shall file with the sheriff, a complete application, as prepared by the Superintendent of the West Virginia State Police, in writing, duly verified, which sets forth only the following licensing requirements:
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Source: WV Legislature
 
B

bcr229

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Joined
Jul 2, 2008
Messages
60
Location
Inwood, West Virginia, USA
Part of ATF's process for determining whether or not a state's CHL can be used to exempt the permit-holder from NICS is whether or not the state runs the permit-holder through NICS when someone applies for or renews a permit. Since WV wasn't doing that in the past, the permit couldn't be used for the exemption. Once the change is made and passed into law, ATF will review WV's process and make another determination.

When other states changed their laws note that older permits did not qualify for the exemption because the state hadn't run them through NICS.

See http://www.atf.gov/press/releases/2005/10/101705-openletter-ffl-alaska-nics-exempt.html for an example.

I don't think out of state permits ever qualify for the exemption - though I would love to be wrong on this one.
 
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