31 replies to this topic

[FST_Kent]

So state law/approval is overriding federal law/approval?

 

 

Yep.  All kinds of administrative rules that are part of the Brady Bill, particularly for states who operate their own systems.

[mjw45]

Illinois is not over riding anything. States are free to do a back ground check however they want. It all goes back years ago before federal instant back ground checks were in use to the Brady Bill and initially included a federal 5 day waiting period. Many states have moved to just using NICS, but they are not required to. People get this confused all the time, state vs Federal. An FFL is required to do a back ground check before transferring a firearm, that is all. Nothing says how they have to do it. Some states allow a concealed carry permit holder to bypass the check, as they have already passed one if their permit is currently valid. Show your permit, fill out paper work and leave with your new firearm. The permit info is filled out in place of a back ground check. They do have to get ATF approval before allowing carry permits to substitute for a back ground check. Also only the Feds have a law saying back ground checks must be purged after a certain time frame (although if they do so is questionable). Illinois does not have that destruction requirement. The Feds have a 72hr time frame on returning back ground checks, other wise the transfer can proceed. This was included to keep delayed back ground checks from being used to deprive citizens from transferring a fire arm. The ISP interpretation of delayed back ground checks has already been posted. Extra credit for any one who actually looks up the law regarding back ground checks. It has been a few years since I did, and I don’t have time right now. Unless it has changed recently or my reading was incorrect It might be worthy of its own thread. Sent from my iPhone using Tapatalk