Ok, you’re thinking about becoming a firearms dealer or even a licensed manufacturer and you know that you’ll need to become a federal firearms licensee (get an FFL), but you’re not sure about the requirements for becoming an FFL holder. We get it – the whole process can seem complicated, and possibly overwhelming. First, you’ll […]
Minnesota Handgun Carry Permit No Longer Alternative to NICS Background Check
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By Ryan Cleckner - 1
- Updated August 14
When this article was first written in 2017, the Minnesota Handgun Carry Permit had just been approved by the ATF as an alternative to the normally required FBI NICS background check prior to the transfer of a firearm from an FFL to a customer. As of then, Minnesota Handgun Carry Permits with expiration dates of Aug. 1, 2019 and later qualified as a NICS exemption.
However, that approval has since been rescinded. This means that although Minnesota Handgun Carry Permits were valid as exemptions to background checks for a couple of years, they are no longer valid and a regular NICS check must be run when purchasing a firearm from a dealer.
Table Of Contents
NICS Background Check Exemptions
The Brady Handgun Violence Protection Act of 1993 (Brady) required, among other things, federal background checks for firearm purchases from Federal Firearms Licenses (FFLs). Later, in 1998, the FBI created the National Instant Criminal Background Check System (NICS). After a customer fills out the Firearm Transfer Record (Form 4473), the FFL must normally conduct a background check through NICS by phone or computer.
Some states have decided to do these background checks themselves instead of rely on the federal NICS system. These states are called Point of Contact (POC) states. Some other states use their own system for some purchases (e.g. handguns) and NICS for others (e.g. rifles and shotguns). These hybrid states are called partial-POC states. FFLs in POC and partial-POC states must use their respective local system for background checks for certain/all firearms. Our Get Your FFL course covers the requirements of each state for more information.
As an exemption to the NICS requirement for non-POC states, some state-issued CCW/handgun-carry permits can be used. This is because the background check process for some of these states is at least as good as the check performed by NICS. This saves time for both the FFL and eases the burden on NICS. When a customer presents a qualifying permit, the FFL can simply check question #21 on the Form 4473 which reads, “No NICS check was required because the transferee/buyer has a valid permit from the State where the transfer is to take place, which qualifies as an exemption to NICS” and fill out the information about the qualifying permit.
Qualifying NICS-exempt Permits
The ATF maintains a list of qualifying permits that can be used for exemptions to the NICS requirement. Each qualifying permit has its own requirements (see below) but all of them qualify as alternatives to the background check requirements of the Brady law for no more than 5 years from the date of issuance. This is why states with permits that last longer than 5 years aren’t on this list.
This chart is only valid as of the date of this article. You must check to see current information on ATF’s website.
If you signed up for either our Get Your FFL or ATF Compliance course, you would receive an automatic update of this change, and all other firearm rules and regulations changes, straight to your email inbox.
| State / Territory | Qualifying Permits |
|---|---|
| Alabama | Concealed weapons permit issued on or after August 1, 2013, qualifies as an alternative to the background check requirement. |
| Alaska | Concealed weapons permits marked NICS-Exempt |
| American Samoa | None |
| Arizona | Concealed weapons permits qualify. |
| Arkansas | Concealed weapons permits issued on or after April 1, 1999 qualify. * |
| California | Entertainment Firearms Permit only |
| Colorado | None |
| Connecticut | None |
| Delaware | None * |
| District of Columbia | None * |
| Florida | None * |
| Georgia | Georgia firearms licenses qualify. |
| Guam | None * |
| Hawaii | Permits to acquire and licenses to carry qualify. |
| Idaho | Concealed weapons permits qualify. |
| Illinois | None |
| Indiana | None |
| Iowa | Permits to acquire and permits to carry concealed weapons qualify. |
| Kansas | Concealed handgun licenses issued on or after July 1, 2010 qualify as alternatives to the background check. |
| Kentucky | Concealed Deadly Weapons License (CDW) and Judicial Special Status CDW issued on or after July 12, 2006 qualify. |
| Louisiana | Concealed handgun permits issued on or after March 9, 2015 qualify. |
| Maine | None * |
| Maryland | None * |
| Massachusetts | None * |
| Michigan | Licenses to Purchase a Pistol qualify. Concealed Pistol Licenses (CPLs) issued on or after November 22, 2005, qualify as an alternative to a National Instant Criminal Background Check System (NICS) check. CPLs issued prior to November 22, 2005 and Temporary Concealed Pistol Licenses do not qualify as NICS alternative. |
| Minnesota | None. |
| Mississippi | License to carry concealed pistol or revolver issued to individuals under Miss. Stat. Ann. § 45-9-101 qualify. (NOTE: security guard permits issued under Miss. Stat. Ann. §97-37-7 do not qualify). |
| Missouri | None * |
| Montana | Concealed weapons permits qualify. |
| Nebraska | Concealed handgun permit qualifies as an alternative. Handgun purchase certificates qualify. |
| Nevada | Concealed carry permit issued on or after July 1, 2011, qualify. |
| New Hampshire | None |
| New Jersey | None |
| New Mexico | None |
| New York | None |
| North Carolina | Permits to purchase a handgun and concealed handgun permits qualify. |
| North Dakota | Concealed weapons permits issued on or after December 1, 1999 qualify. * |
| Northern Mariana Islands | None |
| Ohio | Concealed weapons permits issued on or after March 23, 2015, qualifies as an alternative to the background check requirements. |
| Oklahoma | None * |
| Oregon | None * |
| Pennsylvania | None |
| Puerto Rico | None |
| Rhode Island | None |
| South Carolina | Concealed weapons permits qualify. |
| South Dakota | None * |
| Tennessee | None |
| Texas | Concealed weapons permits qualify. |
| U.S. Virgin Islands | None |
| Utah | Concealed weapons permits qualify. |
| Vermont | None |
| Virginia | None |
| Washington | Concealed pistol license issued on or after July 22, 2011 qualify. |
| West Virginia | Concealed handgun license issued on or after June 4, 2014 qualify. |
| Wisconsin | None |
| Wyoming | Concealed weapons permits qualify. |
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When I went into my local shop today 10/30/18, I was told that Minnesota was no longer with the exempt program of NICS. I still neaded to do the back ground check, Eventhough I had bought one gun a week there for the last 3 weeks with out the need to wait for a NICS check. ATF changed the exemption rule about 4 weeks ago and told no one. He had started hearing rumors and started checking on his own. Found out this morning that Minnesota lost the exemption because of sanctuary cities within the state. If anyone has more information about this, or pleople with information please share it.