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Thread: HB 5225 procedures for purchase and possession

  1. #41
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    Quote Originally Posted by SeeTee
    If a LTP works as a “license” for the school zone, could that be a separate issue from gun registration? or are the two required to be linked?
    Nope, they are separate things. A license to possess could be issued without having registration. The fed. law only requires that the authorities check to make sure you are legal to possess the firearm.

    (ii)if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
    So they could do a BG check and assuming you come back clean, they give you your license to possess and you are good to go as far as the GFSZA is concerned.

    Bronson

  2. #42
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    Thank you for the answer, why could the NICS check not service as a license, a say a card issued at the place of purchase verifying you passed no PD needed and no registration issue.

    eta, I think I found the answer to that in another thread "18 USC 922 requires the State to run a background check for exemption"
    Last edited by SeeTee; 05-03-2012 at 12:51 PM.
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  3. #43
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    Nothing new
    Last edited by TheQ; 12-13-2012 at 03:16 PM.

  4. #44
    Just curious, but how do most other states handle the license /is GFSZA issue? The majority of the states have no handgun registration scheme. There are no government checks other than NICS, and that is only when you buy from an FFL. In some states, the state does the background in lieu of the federal NICS check. But there is no "license" issued along with it. It is simply a "Go - No Go" check, much like the NICS

  5. #45
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    Quote Originally Posted by GarrettJ
    Just curious, but how do most other states handle the license /is GFSZA issue? The majority of the states have no handgun registration scheme. There are no government checks other than NICS, and that is only when you buy from an FFL. In some states, the state does the background in lieu of the federal NICS check. But there is no "license" issued along with it. It is simply a "Go - No Go" check, much like the NICS
    Good question.

  6. #46
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    Quote Originally Posted by GarrettJ
    Just curious, but how do most other states handle the license /is GFSZA issue? The majority of the states have no handgun registration scheme. There are no government checks other than NICS, and that is only when you buy from an FFL. In some states, the state does the background in lieu of the federal NICS check. But there is no "license" issued along with it. It is simply a "Go - No Go" check, much like the NICS
    Wisconsin (state law), for example, exempts a licensee (CCW) and out of state licensees (CCW) from the GFSZ's. I suspect many other states with concealed carry provisions and no handgun registration requirements share similar laws...but I'm probably wrong.

  7. #47
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    Quote Originally Posted by SADAacp
    Wisconsin (state law), for example, exempts a licensee (CCW) and out of state licensees (CCW) from the GFSZ's.
    They can't. The Fed. law requires the state or LUoG that the school zone is located in must be the one that certifies the carrier is legal to possess the firearm. It also says the verification of legality must occur before the license is issued so as far as the GFSZA is concerned a state could not recognize another state's license after it has already been issued .

    (ii)if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
    Bronson

  8. #48
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    Quote Originally Posted by Bronson
    They can't. The Fed. law requires the state or LUoG that the school zone is located in must be the one that certifies the carrier is legal to possess the firearm. It also says the verification of legality must occur before the license is issued so as far as the GFSZA is concerned a state could not recognize another state's license after it has already been issued .



    Bronson
    If the state law gives license to all CPL holders from all states, is that not sufficient?

    Is there a law that requires the license to be a physical piece of paper? or can the license be a law that grants license to a specific subset of people?
    "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." --Benjamin Franklin
    “No state shall convert a liberty into a privilege, license it, and attach a fee to it.” --Murdock v. Pennsylvania
    NOTHING IN THIS POST CONSTITUTES LEGAL ADVICE. Please consult an attorney for all legal matters.
    ALL of the posts I make are my own, and do not speak for MGO as a forum or as an organization.

  9. #49
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    Quote Originally Posted by zigziggityzoo
    If the state law gives license to all CPL holders from all states, is that not sufficient?

    Is there a law that requires the license to be a physical piece of paper? or can the license be a law that grants license to a specific subset of people?
    A CPL is a permit -- for sure.

    "our" concern is Open Carriers without CPLs.

  10. #50
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    Quote Originally Posted by TheQ
    A CPL is a permit -- for sure.

    "our" concern is Open Carriers without CPLs.
    Again, if the law itself gives license, is an actual piece of paper required, or is the law itself license enough?
    "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." --Benjamin Franklin
    “No state shall convert a liberty into a privilege, license it, and attach a fee to it.” --Murdock v. Pennsylvania
    NOTHING IN THIS POST CONSTITUTES LEGAL ADVICE. Please consult an attorney for all legal matters.
    ALL of the posts I make are my own, and do not speak for MGO as a forum or as an organization.

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