Fire Arm Background Checks

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Fire Arm Background Checks

Postby Mulegun » Sat Mar 04, 2017 3:23 pm

Why can not FFL Dealers grant the firearm purchase with a valid Permit to carry on Ohio? Did Ohio pass the law in 2014 to allow Permit holders after 2014 to be able to?
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Re: Fire Arm Background Checks

Postby Cosmos » Sat Mar 04, 2017 4:02 pm

From a practical standpoint, it is likely legal CYA. They do not want any issues should the license have been revoked or suspended since it was issued. Someone could still be in possession of a suspended or revoked license.

A side note: I wish licenses were not counted as revoked simply because someone moved out of state or died. I believe these instances should be reported separately.
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Re: Fire Arm Background Checks

Postby Mulegun » Sat Mar 04, 2017 4:38 pm

Yes that makes perfect sense. Yes again on moving..it should make no issue. One who holds a carry Permit or one with out a permit could have criminal charges "pending" during the purchase of Firearm with FLL Dealer unaware if all questions on the form were answered in concealment would it not? I fail to the difference or would I be thinking just wrong?
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Re: Fire Arm Background Checks

Postby JustaShooter » Sat Mar 04, 2017 6:31 pm

Cosmos wrote:I wish licenses were not counted as revoked simply because someone moved out of state

Moving out of state no longer causes your license to be revoked, as of MArck 23 2015.

FYI
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Re: Fire Arm Background Checks

Postby JustaShooter » Sat Mar 04, 2017 6:34 pm

Mulegun wrote:Why can not FFL Dealers grant the firearm purchase with a valid Permit to carry on Ohio? Did Ohio pass the law in 2014 to allow Permit holders after 2014 to be able to?


FFL dealers can choose to accept a valid Ohio Concealed Handgun License issued March 23 2015 or later in place of calling in a background check. They do not have to, and some do not - in large part because they cannot check the validity of the license. When a license is suspended in Ohio, it is not always seized so you could potentially have a suspended or revoked license in your possession and the dealer would not be able to know anything was amiss.
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Re: Fire Arm Background Checks

Postby JediSkipdogg » Sat Mar 04, 2017 10:41 pm

Ditto to what others have said. To add, when an FFL does a NICS check they are doing one that is live. Your CHL, is not really live. It is a license that is issued at one point, then presumed to be valid for 5 years. The issuing sheriff is suppose to suspend it and notify you that they have done so if they become aware of something coming up, however, that's a two part process that doesn't always happen.

The first is many sheriff's do not become aware when a suspending offense arises. I've heard some sheriff's run all licenses randomly on a monthly basis to check for new offenses but they are not required. Technically if say Columbus PD arrests someone for a disqualifying offense and Clermont County issued the license, Columbus PD should notify them. Well, I can say that does not happen as often as it should.

The second part then is the issuing agency should send a letter to the licensee that they need to turn their license in because it is suspended. Well, to me that's a "you want my license, you come pick it up from me" type thing. So again, probably not many licenses are turned in unless they happen to be confiscated at the time of arrest.

So it's easy for one to have a suspended license in their possession. I don't think an FFL would be liable at all for selling a gun to one having an unknowingly suspended license to them...but it definitely would make news and probably create bad press for the FFL and Ohio CHLs and maybe create a new bad law or removal of the law.
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Re: Fire Arm Background Checks

Postby techguy85 » Tue Mar 07, 2017 9:53 pm

I wonder if FFLs can do it on an individual basis as well. I know of at least one place that allows people they know to use their CHL but not everyone gets that treatment. (and no, I'm not going to name them.)
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Re: Fire Arm Background Checks

Postby Brian D. » Wed Mar 08, 2017 12:24 am

techguy85 wrote:I wonder if FFLs can do it on an individual basis as well. I know of at least one place that allows people they know to use their CHL but not everyone gets that treatment. (and no, I'm not going to name them.)


Probably nothing illegal about that store's practice but if my CHL was NICS-compliant and I knew what they were doing it *might* compel me to shop elsewhere.
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Re: Fire Arm Background Checks

Postby techguy85 » Mon Mar 13, 2017 10:27 am

Brian D. wrote:
techguy85 wrote:I wonder if FFLs can do it on an individual basis as well. I know of at least one place that allows people they know to use their CHL but not everyone gets that treatment. (and no, I'm not going to name them.)


Probably nothing illegal about that store's practice but if my CHL was NICS-compliant and I knew what they were doing it *might* compel me to shop elsewhere.

Sure, and nothing wrong with that. I think it is more to do with they know their regulars aren't going to have revoked licenses but aren't so sure about John Doe walking in off the street. But I haven't really asked since it doesn't bother me either way.
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Re: Fire Arm Background Checks

Postby TJW815 » Mon Mar 13, 2017 1:21 pm

Not that many of us do so, but Wal-Mart accepts a CHL in place of the standard checks for the purchase of firearms.
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Re: Fire Arm Background Checks

Postby rimfireOH » Mon Mar 13, 2017 9:40 pm

techguy85 wrote:I think it is more to do with they know their regulars aren't going to have revoked licenses but aren't so sure about John Doe walking in off the street.

This is how my favorite FFL operates.
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