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USA Carry website
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Author:  speezack [ Fri 04 Nov 2011 06:32 ]
Post subject:  USA Carry website
You might find this site interesting and relative to our industry

http://www.usacarry.com/

and Wisconsin, you may want to read this particular article... which is great but Why do they not recognize Virginia permits??????????

http://www.usacarry.com/wisconsin-conce ... now-legal/
Author:  KARMA [ Fri 04 Nov 2011 08:06 ]
Post subject:  Re: USA Carry website
I dunno, Bill, maybe they are more worried about you VuhGinYa Boys than they are rednecks outta Arkansas LOL !
Author:  shooter64738 [ Fri 04 Nov 2011 10:55 ]
Post subject:  Re: USA Carry website
Wisconsin will only share reciprocity with states who have a background check system similar to theirs. In particular the issuing state MUST use the NICS background check system somewhere along the way. My state does a state and federal background investigation based on fingerprints, photo ID, name, and DL #. But that does not satisfy Wisconsin's rules, so as of now Missouri is not on the list either.
Unless there is a change in WI law, or my state begins using the NICS system along with whats already in place, it seems we are off the list.
Author:  KARMA [ Fri 04 Nov 2011 11:25 ]
Post subject:  Re: USA Carry website
I would think that if one were going to go thru all the trouble of getting a conceal carry that they would have already, prior to, purchased a firearm causing that NICS search to be instantly run.

Here in AR my fingerprints were run State Local and Federal along with a criminal background check, along with a copy of my photo ID (DL), plus the class. That was just to get my conceal carry.

In Illinois, I had to get my FOID card before I could purchase a weapon. Could not even purchase ammo.
That took a photo (passport type) that was attached and filled out at a Gun Dealer there in Rockford. Along with SS # and that photo the form went off to Springfield and it took about 8 weeks before I got my card. That was back a while ;) ago.

So, my question to you then would be why would it be that search that was the decider ?
Author:  KARMA [ Fri 04 Nov 2011 11:37 ]
Post subject:  Re: USA Carry website
"Interstate Identification Index" also known as the triple I, maybe your conceal carry check does not include that search? Altho I would think that it would, being as you (used in general here) have provided prints and the odds are that you (used in general here) have or are going to purchase a weapon :? strange.
I will have to ask Harold over here.
Author:  shooter64738 [ Fri 04 Nov 2011 13:54 ]
Post subject:  Re: USA Carry website
I believe the biggest concern for WI, and similar states who rely on the NICS check for the concealed weapons permit, is that some of the information in the NICS check would/could disqualify a person from purchasing a firearm, but wouldn't always show on a criminal history search barring the possession of a concealed carry permit.

If you purchase a handgun (at least in my state) from a federally licensed dealer, you go through the NICS check. If you purchase it from a person, you do not. So rarely does a state assume that a NICS check will be done to purchase a firearm, because with reciprocity they are assuming the laws of the reciprocating state will remain the same.

If I had for example, lived in Kansas and committed a misdemeanor crime of domestic violence, I would most likely be turned away from a firearms sale through a NICS check in ANY state. But I could purchase the same firearm from a person (all be-it not exactly legally, if I know I should be prohibited)

6 months later I move to Missouri, and apply for a concealed weapons permit. Missouri will not issue a permit to anyone who has been convicted of a crime that resulted in a sentence of more than 12 months, a domestic assault, or any felony. So when they check my criminal history, they see a misdemeanor from Kansas, and issue the permit anyway. But had they also ran a NICS check, they might see that it was a misdemeanor domestic assault, which can be a whole different can of worms in regards to firearms and permits.

Some states are really good about the way they classify their crimes, and they share that information readily with other states. Some do not, and instead of figuring out exactly what one state does compared to another they tend to just say 'Nope, not unless you also do a NICS check.' If someone has undergone a psychiatric evaluation, that has little or nothing to do with your criminal history, but it may be reported on a NICS check. That could possibly stop you from purchasing a firearm or getting a permit from a state that uses the NICS check.

Hope that makes some sense, and maybe clarifies it little bit.
Author:  KARMA [ Fri 04 Nov 2011 14:07 ]
Post subject:  Re: USA Carry website
Thank you very much. Did not even cross my mind about Private Sales.
I do not think that an any Psyc Eval (Private or Court Ordered) can be found through the NICS . . . and may not even be found in one's Criminal History, (altho may be found in doing a physical search of Court Records). Here if Court ordered during a Criminal Case it is for a forensic finding of "do they understand right from wrong" . . . so even a nut would still have to stand Trial if they knew the difference.

However, a Misdemeanor conviction of any DV Charge disqualifies anyone from ever possessing a firearm.
This is explained clearly when I write a DV Bond . . . anyone found in possession of a firearm that has been convicted of any DV charge is subsequently charged and prosecuted for a Felony Possession of Firearms By Certain Persons (here in AR, I would have to assume that it would be of similar wording in the others States).
makes for a nice new little ;) bond should that happen but also carries prison time.
That is also one of the "prohibitions" in the NICS.

Could it be in the requirements that some States have as opposed to WI ?
Author:  DSI [ Fri 04 Nov 2011 14:43 ]
Post subject:  Re: USA Carry website
The Domestic Violence Offender Gun Ban ("Gun Ban for Individuals Convicted of a Misdemeanor Crime of Domestic Violence", Pub.L. 104-208,[1] 18 U.S.C. § 922(g)(9)[2]) is an amendment to the Omnibus Consolidated Appropriations Act of 1997 enacted by the 104th United States Congress in 1996. The act is often referred to as "the Lautenberg Amendment" after its sponsor, Senator Frank Lautenberg.

Effects on the United States militaryThis law effectively mandated the discharge of service members who had been convicted of domestic violence and implicitly mandates the discharge of all service members who are convicted of domestic violence in the future. This is not explicitly written in the law but is a side effect of service members' loss of access to the firearms needed for the course of their duties. A service member discharged this way is said to be "Lautenberged."

Effects on law enforcement officersThe Bureau of Alcohol, Tobacco and Firearms (ATF) sent a notice to every law enforcement agency when this law went into effect. Police officers with prior misdemeanor convictions of domestic violence from years earlier were no longer permitted to possess firearms under the new federal law. Several officers were fired for such misdemeanor offenses committed before the law was passed. Several of the gun magazines printed a copy of this new ATF order at the time. In Speller vs. VA, Cpl. Dontae Speller of the Hampton University Police Department plead guilty to domestic assault and received anger management with 2 years of probation. Cpl. D. Speller was allowed to return back to work carrying his firearm during the 2 year probationary period.

Exemptions: Under the federal law governing possession of firearms by police or military while on duty (18 U.S.C. § 925(a)(1)), an officer under a current protection order, or even one convicted of murdering a spouse in the past, may legally possess a service firearm, but an officer convicted of one of the misdemeanor violations listed in the Lautenberg Amendment (18 U.S.C. § 922(g)(9)) is prohibited from possessing any firearms or ammunition at any time under any circumstances.
Author:  shooter64738 [ Fri 04 Nov 2011 14:46 ]
Post subject:  Re: USA Carry website
Court ordered physiological evaluations were intended to be reported to NICS, but not all states allow the sharing of that information because of patient privacy laws. You may recall a big news story about that after the Virginia Tech tragedy. Since then, many states changed their laws to submit court ordered evaluations to NICS if the evaluation was to determine if the person was a danger to themselves or another. But again, it varies by state. The following states participate in the submission of evaluations to NICS:
(As of April 2007) Alabama, Arizona, Arkansas, California, Colorado, Florida, Iowa, Kansas, Kentucky, Maryland, Michigan, Missouri, New Hampshire, New York, North Carolina, Ohio, South Carolina, Tennessee, Utah, Virginia, Washington and Wyoming. Virginia has since stepped up on their submission of court orders and evaluations. Cho should not have been able to purchase his handguns from a federal dealer, but because the ball was dropped on his court ordered evaluation, he did.

However as we've concluded, it's not a crime to be mentally unstable, so it doesn't show as part of a criminal history search. The problem that arises, is that you don't have to be a criminal of any caliber to be barred from the possession of a firearm. And that's where states start to waiver a little bit.

In Missouri our concealed carry laws tried to be pretty broad for defining misdemeanor dis qualifiers. If you were convicted in another state for a 'misdemeanor' but the punishment was longer than 12 months, your disqualified. Because Missouri's definition of a misdemeanor might be different than another states.

There are many permit carriers in Missouri who cannot legally get a Missouri permit, but may carry on a Florida or Arizona permit in Missouri with no problems. WI has put the burden on the other states to have them confirm to their wishes. Which is fine, as they are an independent state.

And I see WI's point that although you may not have committed a crime yet, you still may be barred from possession of a firearm, and should therefore not be issued a concealed carry permit by WI, or any other state in their view. I don't necessarily agree, but I see their point.
Author:  KARMA [ Fri 04 Nov 2011 14:48 ]
Post subject:  Re: USA Carry website
Quote:
Exemptions: Under the federal law governing possession of firearms by police or military while on duty (18 U.S.C. § 925(a)(1)), an officer under a current protection order, or even one convicted of murdering a spouse in the past, may legally possess a service firearm, but an officer convicted of one of the misdemeanor violations listed in the Lautenberg Amendment (18 U.S.C. § 922(g)(9)) is prohibited from possessing any firearms or ammunition at any time under any circumstances.



First off, Thank you Gene.

and . . . WOW . . . that sounds kind a backwards doesn't it ?
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