UPDATE: Effective immediately, the Wisconsin concealed weapon license does not qualify as an alternative to running a background check through the National Instant Check System. A previous letter providing guidance that those licenses did qualify was based on a review of Wisconsin statutes, which prohibit issuing a license to a person who is “prohibited under federal law from possessing a firearm that has been transported in interstate of foreign commerce.” Wis. Rev. Stat. § 175.60(3)(b). The Wisconsin concealed weapon permit application form also asks whether a person is “currently under indictment or [has] a felony charge pending against you in any court.” Form DJ-LE-287 (rev. May 16, 2023).
Since we have issued that letter, however, the Wisconsin Department of Justice has informed ATF that Wisconsin issues licenses to those who are under felony indictment. The Wisconsin Department of Justice understands its law to prohibit issuance of licenses to those who are prohibited from possessing firearms under 18 U.S.C. § 922(g), but not to prohibit issuing licenses to those merely prohibited from receiving firearms under 18 U.S.C. § 922(d), (n). Because Wisconsin issues licenses to individuals who are prohibited from purchasing firearms under federal law, its license does not qualify as an alternative to the Brady Act’s permit requirement. See 18 U.S.C. § 922(t)(3)(A)(ii).
The Brady Handgun Violence Prevention Act (18 U.S.C. § 922(t)) requires federal firearms licensees (FFLs) to initiate a National Instant Criminal Background Check System (NICS) background check prior to transferring a firearm to an unlicensed person. However, the Brady law includes an exception to the NICS requirement when the transferee presents to a licensee certain state permits to possess, carry, or acquire firearms. A permit may be used as an alternative to a NICS background check provided the permit complies with 18 U.S.C. § 922(t)(3)(A), which imposes three requirements:
- the permit must allow the nonlicensee to possess or acquire a firearm;
- the permit must have been issued not more than five years earlier by the state in which the transfer is to take place; and
- state law must provide that the permit was to be issued only after an authorized government official verified that the information available to such official does not indicate that it would be a violation of the law for the nonlicensee to possess a firearm.
ATF has prepared the following chart based on its assessment of qualifying permits under applicable state law. This chart is designed to aid FFLs in determining whether to accept a state permit as a NICS alternative under § 922(t)(3)(A). When state and federal laws impose different requirements, FFLs must follow the stricter of the two.
Any questions may be sent to FIPB@atf.gov(link sends e-mail). For ATF to properly respond to inquiries, please include in your correspondence your name, position (if applicable), a valid email address, and a valid telephone number.
Prior to transferring a firearm utilizing the exception in § 922(t)(3)(A), an FFL must ensure the following:
- the permit is valid and unexpired;
- the permit was issued not more than five years earlier by the state in which the transfer is to take place;
- the permit was issued by the state in which the FFL is located; and
- the laws of the state provide that such permit was to be issued only after the state conducted a background check in accordance with the Brady law.
Please note: Permits issued more than five years before the date of transfer may not be used, even if those permits remain valid and unexpired under state law.
FFLs are not required to accept a qualifying alternate permit in lieu of a NICS background check. If the FFL has reason to believe that the permit is invalid, improperly issued, or otherwise does not meet the requirements of state or federal law, the FFL should contact NICS before transferring the firearm.
Whether transferring a firearm pursuant to a NICS background check or upon presentation of a qualifying alternate permit, FFLs must comply with all state and federal laws applicable to the sale, transfer, or delivery of the firearm(s). An FFL should never transfer a firearm where the FFL has reasonable cause to believe the transfer would violate state or federal law.
State List of Qualifying Alternative Permits to NICS Check as of June 3, 2025
|
State/Territory |
Permits |
Qualifying Alternative to NICS Check |
Notes: |
|---|---|---|---|
|
Alabama |
Conceal Carry Permit |
Yes |
|
|
Conceal Carry Lifetime Permit |
Yes |
|
|
|
Alaska |
Concealed Handgun Permit |
Yes, but only if marked “NICS exempt” |
Some states issue permits under multiple procedures, in which some permits qualify as NICS alternative permits while others do not. In these states, permits issued with a qualifying background check are NICS alternatives, provided the state identifies the permits separately from those that are not qualifying. Alaska runs a qualifying background check on some permit applicants but not others. Alaska designates those permits issued pursuant to a qualifying background check as “NICS exempt” on the face of the permit. Only these permits qualify as NICS alternative permits. Permits lacking a “NICS Exempt” notation do not qualify as NICS alternative permits. |
|
American Samoa |
License to Possess Arms |
No |
The prohibited person disqualifiers for the issuance of this license do not include all federal prohibitors. See Am. Samoa Code Ann. § 46.4221(the only federal prohibitor for this permit is crime punishable by a term of imprisonment exceeding one year). |
|
Arizona |
Conceal Carry Permit |
Yes |
|
|
Arkansas |
Conceal Carry Permit |
Yes |
|
|
California |
Concealed Carry License |
No |
When state and federal laws impose different requirements, FFLs must follow the stricter of the two. 18 U.S.C. § 927. California law requires a background check prior to the transfer of a firearm from a dealer. See Cal. Penal Code §§ 28050, 28220. |
|
Entertainment Firearms Permit |
No |
See note for the California Conceal Carry License. |
|
|
Bureau of Security and Investigative Services Permit |
No |
See note for the California Conceal Carry License. |
|
|
Colorado |
Concealed Handgun Permit |
No |
When state and federal laws impose different requirements, FFLs must follow the stricter of the two. 18 U.S.C. § 927. Colorado law requires a background check prior to the transfer of a firearm from a licensed dealer. See Colo. Rev. Stat. § 18-12-112.5. |
|
Temporary Emergency Permit |
No |
See note for the Colorado Concealed Handgun Permit. |
|
|
Connecticut |
State Pistol Carry Permit |
No |
When state and federal laws impose different requirements, FFLs must follow the stricter of the two. 18 U.S.C. § 927. Connecticut law requires a background check prior to the transfer of a firearm. See Conn. Gen. Stat. §§ 29-33(c), 29-37a(d). |
|
Temporary State Permit to Carry a Pistol or Revolver |
No |
See note for the Connecticut State Pistol Carry Permit. |
|
|
Eligibility Certificate for Pistol or Revolver |
No |
See note for the Connecticut State Pistol Carry Permit. |
|
|
Permit for Sale at Retail of Firearms |
No |
See note for the Connecticut State Pistol Carry Permit. |
|
|
Long Gun Eligibility Certificate |
No |
See note for the Connecticut State Pistol Carry Permit. |
|
|
Delaware |
Conceal Carry Deadly Weapon Permit |
No |
State law does not require an adequate background check of all available information to verify whether the person is prohibited under federal law. Delaware law provides that the Superior Court may conduct a “criminal history background check,” which does not include a check for all federal prohibitors. See Del. Code Ann. tit. 11 § 1441(a)(1). |
|
Handgun Qualified Purchaser Permit |
No |
Delaware law does not require a qualified law enforcement officer or a qualified retired law enforcement officer to undergo a background investigation prior to obtaining a handgun qualified purchaser permit. See Del. Code Ann. tit. 11 § 1448D (c)(1), (h). |
|
|
District of Columbia |
License to Carry a Pistol |
No |
The prohibited person disqualifiers for the issuance of this permit do not include all federal prohibitors. See D.C. Code Ann. §§ 7-252.03, 22-4503 (D.C. prohibitors do not include the federal firearm prohibitor for persons adjudicated as mental defectives or those convicted of a qualifying misdemeanor crime of domestic violence). |
|
Florida |
License to Carry a Concealed Weapon |
No |
Florida law provides for the issuance of a Concealed Weapon or Firearm License to certain individuals without conducting a NICS background check. See Fla. Stat. §§ 790.06(5)(b), 790.06(6)(e), 790.061 (exempting law enforcement officers, correctional officers, or correctional probation officers for 1 year after retirement, and consular security officials of a qualifying foreign government, and Florida judges and justices from the NICS background check process prior to obtaining the license). Furthermore, NICS background checks are not conducted prior to the issuance of a renewal license. See Fla. Stat. § 790.06(11)(a). |
|
Georgia |
Weapons Carry License |
Yes |
|
|
Temporary Renewal License |
No |
A NICS background check is not required prior to the issuance of this license. See GA Code § 16-11-129(i). |
|
|
Guam |
Firearms Identification Card |
No |
State law does not require an adequate background check to verify whether the person is prohibited under federal law. See Guam Code Ann. § 10-60108(b). Guam law provides that a background check includes check of “FBI criminal records to ensure no record of court convictions,” but does not require a NICS check for other federal prohibitors. See Guam Admin. Rules & Regs. § 27-1103(a)(4). |
|
Concealed Firearms License |
No |
See note for the Guam Firearms Identification Card. |
|
|
Hawaii |
Permit to Acquire Firearms |
Yes |
|
|
License to Carry |
Yes |
|
|
|
Idaho |
Basic Concealed Weapons License |
Yes |
|
|
Temporary Emergency License (Domestic Violence) |
No |
A NICS background check is not required prior to the issuance of this license. See Idaho Code § 18-3302(6). |
|
|
Enhanced Concealed Weapons License |
Yes |
|
|
|
Illinois |
Concealed Carry Permit |
No |
When state and federal laws impose different requirements, FFLs must follow the stricter of the two. 18 U.S.C. § 927. Illinois law requires that all firearm transfers by federally licensed firearm dealers are subject to background check requirements. See Ill. Comp. Stat. §§ 65/3; 65/3.1. |
|
Firearm Owners Identification (FOID) Card |
No |
See note for the Illinois Conceal Carry Permit. Furthermore, the Illinois courts have held that the Director of the Department of State Police is not prohibited from exercising discretion to issue a FOID if “overwhelming evidence shows the applicant is a law-abiding citizen and productive member of his community since his convictions.” Hiland v. Trent, 868 N.E.2d 396 (Ill. App. 2007). This discretion extends to issuing a FOID to federally prohibited persons. |
|
|
Indiana |
Conceal Carry Handgun Permit |
Yes |
|
|
Iowa |
Nonprofessional Permit to Carry Weapons |
Yes |
|
|
Permit to Acquire Pistols or Revolvers |
Yes |
|
|
|
Kansas |
License to Carry Concealed Handgun |
Yes |
|
|
Kentucky |
License to Carry Concealed Deadly Weapon |
Yes |
|
|
Louisiana |
Statewide permits for concealed handguns |
Yes |
|
|
Lifetime Concealed Handgun Permit |
Yes |
|
|
|
Concealed Handgun Permits Issued by Sheriffs |
No |
State law does not require an adequate background check to verify whether the person is prohibited under federal law. Louisiana law requires only a “standard criminal record check,” which may not include NICS check for other prohibitors. See La. Stat. Ann. § 40:1379.1.1(A)(2). |
|
|
Temporary Concealed Handgun Permit (Domestic Violence) |
No |
Louisiana law specifically states this permit “[s]hall not be construed to constitute evidence of a background check required pursuant to 18 U.S.C. 922 prior to the transfer of a firearm.” See La. Stat. Ann. § 40:1379.3.2(D)(2). |
|
|
Maine |
Permits to Carry Concealed Handguns |
No |
The prohibited person disqualifiers for the issuance of this permit do not include all federal prohibitors. See Me. Stat. tit. 25, § 2003.1.B, see also Me. Stat. tit. 15 § 393 (G) (providing that marijuana users are not prohibited). |
|
Maryland |
Handgun Qualification License for Purchase |
No |
When state and federal laws impose different requirements, FFLs must follow the stricter of the two. 18 U.S.C. § 927. Regardless of the possession of an HQL or a permit, for the purchase of “regulated firearms” (i.e., handguns), Maryland law requires FFLs to transmit a firearm application to the Secretary of State Police, who “shall conduct an investigation . . . to determine the truth or falsity of the information supplied and statements made in the firearm application.” See Md. Pub. Safety Code § 5-121. |
|
Permit Required to Carry, Wear, or Transport a Handgun |
No |
Employees of armored car companies may be issued permits without a new background check and the state police only need perform a “cursory check to verify the facts” in the previous investigation conducted by their employer. See Md. Pub. Safety Code § 5-305(g). |
|
|
Massachusetts |
Firearm Identification Card |
No |
When state and federal laws impose different requirements, FFLs must follow the stricter of the two. 18 U.S.C. § 927. Massachusetts law requires NICS check for all firearms transactions. See 803 Code of Mass. Regs. § 10.07. |
|
License to Carry |
No |
See note for the Massachusetts Firearm Identification Card. |
|
|
Temporary License to Carry |
No |
See note for the Massachusetts Firearm Identification Card. |
|
|
Michigan |
License to Purchase, Carry, Possess, or Transport |
Yes |
|
|
License to Conceal Carry |
Yes |
|
|
|
Minnesota |
Carry Permit |
No |
State law allows permits to be issued to individuals who are prohibited from possessing firearms under federal law. Under Minnesota law, a sheriff “shall not deny” a permit to an applicant “solely because . . . the person is 21 years of age or older and uses adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, or hemp-derived consumer products.” See Minn. Stat. 624.714 subd. 6(f). Further, Minnesota law provides that “A person may not be denied the right to purchase, own, possess, or carry a firearm solely on the basis that the person is a patient in the registry program.” See Minn. Stat. 624.7152(a). |
|
Transferee Permit |
No |
State law does not require an adequate background check of all available information to verify whether the person is prohibited under federal law. Minnesota law requires the chief of police to check criminal histories, records and warrant information relating to the application in the Minnesota Crime Information System, national criminal record repository and NICS; and obtain commitment information. The Minnesota criminal history check does not search all federal prohibitors (e.g., marijuana use). See Minn. Stat.624.7131 subd. 2; see also Minn. Stat. 624.7152(a) (“A person may not be denied the right to purchase, own, possess, or carry a firearm solely on the basis that the person is a patient in the registry program.”). |
|
|
Mississippi |
License to Carry Concealed |
Yes |
|
|
Carry Permit Security Personnel |
No |
The prohibited person disqualifiers for the issuance of this permit do not include all federal prohibitors. Under Mississippi law, the only prohibitor for this permit is a felony conviction. See Miss. Code Ann. § 97-37-7(1)(b). |
|
|
Missouri |
Lifetime Conceal Carry Permit |
Yes |
|
|
Provisional Lifetime Conceal Carry Permit |
No |
Missouri state law does not allow these permits to be used as a NICS alternative. See Mo. Rev. Stat. §§ 571.101(5)(2), 571.205(6)(2). |
|
|
Extended Conceal Carry Permit |
Yes |
|
|
|
Provisional Extended Conceal Carry Permit |
No |
See note for the Missouri Provisional Lifetime Conceal Carry Permit. |
|
|
Concealed Carry Permit |
Yes |
|
|
|
Provisional Concealed Carry Permit |
No |
See note for the Missouri Provisional Lifetime Conceal Carry Permit. |
|
|
Montana |
Individual Licensure |
No |
No actual permit is issued by an authorized government official. The prohibited person disqualifiers for the issuance of this permit do not include all federal prohibitors, only prohibiting a person who has been convicted of a violent felony crime, or who is unable to lawfully own or possess a firearm under the Montana Constitution. No background check is performed by an authorized government official. See Mont. Code Ann. § 45-8-360. |
|
Temporary Restricted Enhanced Permit 18-20 year-olds |
Yes |
|
|
|
Enhanced Concealed Carry Permit |
Yes |
|
|
|
Concealed Carry Permit |
Yes |
|
|
|
Nebraska |
Certificate to Purchase Handgun |
Yes |
|
|
Conceal Carry Handgun Permit |
Yes |
|
|
|
Nevada |
Conceal Carry Permit |
Yes |
|
|
New Hampshire |
Pistol / Revolver Carry License |
No |
A NICS background check is not required under New Hampshire law to obtain this license. N.H. Rev. Stat. Ann. § 159:6. |
|
New Jersey |
Permit to Purchase a Handgun |
No |
When state and federal laws impose different requirements, FFLs must follow the stricter of the two. 18 U.S.C. § 927. New Jersey law requires FFLs to perform a background check before transferring a firearm. See N.J.S.A. 2C:58-3(a)(3). |
|
Firearms Purchaser Identification Card |
No |
See note for the New Jersey Permit to Purchase a Handgun. |
|
|
Permit to Carry Handguns |
No |
See note for the New Jersey Permit to Purchase a Handgun. |
|
|
New Mexico |
Concealed Handgun License |
No |
When state and federal laws impose different requirements, FFLs must follow the stricter of the two. 18 U.S.C. § 927. New Mexico law requires a background check prior to the transfer of a firearm from a licensed dealer. See N.M. Stat. § 30-7-7.1. |
|
New York |
Pistol/Revolver Purchase License/ Conceal Carry |
No |
When state and federal laws impose different requirements, FFLs must follow the stricter of the two. 18 U.S.C. § 927. New York law requires the FFL to perform a background check before transferring a firearm. See N.Y. Penal Code § 400.06. |
|
North Carolina |
Permit to Carry Concealed Handgun |
Yes |
|
|
North Dakota |
Class 1 Conceal Carry |
Yes |
|
|
Class 2 Conceal Carry |
Yes |
|
|
|
Northern Mariana Islands |
Firearm Owner's Identification Card |
No |
CNMI law does not require prohibited persons be denied a FOID card; rather, the CNMI has discretion to deny FOID cards to prohibited persons. See N. Mar. I. Code § 10610. |
|
Ohio |
Concealed Handgun License |
Yes |
|
|
Temporary Emergency License to Carry a Concealed Handgun |
Yes |
|
|
|
Oklahoma |
Carry or Possess Concealed Handgun 5-year Term |
Yes |
|
|
Carry or Possess Concealed Handgun 10-year Term |
Yes |
|
|
|
Oregon |
Permit to Purchase |
No |
When state and federal laws impose different requirements, FFLs must follow the stricter of the two. 18 U.S.C. § 927. Oregon law requires that licensees conduct a background check before transferring a firearm to transferee. See O.R.S. § 166.412(2)(d). |
|
Concealed Handgun License |
No |
See note for the Oregon Permit to Purchase. |
|
|
Pennsylvania |
License to Carry Firearms |
No |
State law allows licenses to be issued to individuals who are prohibited from possessing firearms under federal laws. Pennsylvania’s licenses will not qualify as an alternative under the Brady Act because they are issued to those who cannot acquire firearms under federal law. Although Pennsylvania law seemingly prohibits issuing a license to carry a firearm to a person who is prohibited by federal law “from possessing or acquiring a firearm,” 18 Pa.Cons.Stat. § 6109(e)(1)(14), a state court held in Commonwealth v. Drake, 304 A.3d 801 (Pa. Commw. Ct. 2023), that sheriffs cannot deny licenses to those prohibited only by federal law unless there is evidence that the firearms they possess have moved in or affected interstate commerce. The Pennsylvania State Police has acquiesced to this holding and is approving background checks of firearm license applicants who are prohibited only by federal law from possessing or acquiring a firearm (e.g., by those convicted of domestic violence). Pennsylvania law also requires licensed dealers to conduct background checks before transferring a firearm to transferee in nearly all cases. See 18 Pa. Cons. Stat. § 6111(b)(3) (providing requirement), § 6111.1(b)(2) (exception for electronic failure). |
|
Puerto Rico |
Firearms Purchase and Concealed Carry License |
Yes |
|
|
Rhode Island |
License to Carry/Pistol Permit (Town Issued) |
No |
A NICS background check is not required prior to the issuance of this permit. See R.I. Gen. Laws Ann. § 11-47-11. |
|
License to Carry/Pistol Permit (AG Issued) |
No |
See note for the Rhode Island License to Conceal Carry/Pistol Permit. See also R.I. Gen. Laws Ann. § 11-47-18. |
|
|
South Carolina |
Concealed Weapons Permit |
Yes |
|
|
South Dakota |
Regular Conceal Carry Permit |
Yes |
|
|
Enhanced Conceal Carry Permit |
Yes |
|
|
|
Gold Card Conceal Carry Permit |
Yes |
|
|
|
Tennessee |
Conceal Carry Permit |
No |
When state and federal laws impose different requirements, FFLs must follow the stricter of the two. 18 U.S.C. § 927. Tennessee law requires a background check on every sale from a licensed dealer. See Tenn. Code Ann. § 39-17-1316(c)(3). |
|
Enhanced Conceal Carry Permit |
No |
See note for the Tennessee Conceal Carry Permit. |
|
|
Texas |
License to Carry |
Yes |
|
|
U.S. Virgin Islands |
License to Carry Firearms |
No |
United States Virgin Island prohibited person disqualifiers for the issuance of the license do not include all federal prohibitors. See V.I. Code Ann. it. 23, § 458(a). (“The Commissioner shall not issue a license to have and possess a firearm to any person convicted in or outside the Virgin Islands of any crime of violence; or of any violation of a narcotic or ‘harmful drug‘ law; nor to any person who is mentally incompetent, or an alcoholic or a narcotic or drug addict; nor to any person convicted for the violation of the provisions of this chapter; nor to any person who for justifiable reasons is deemed to be an improper person by the Commissioner.”) |
|
License to Carry a Concealed Handgun on a 24-hour basis |
No |
See note for the U.S. Virgin Islands License to Carry Firearms. |
|
|
Utah |
Concealed Weapons Permit |
Yes |
|
|
Provisional Concealed Weapons Permit |
Yes |
|
|
|
Temporary Permit to Conceal Carry |
No |
State law does not require an adequate background check of all available information to verify whether the person is prohibited under federal law. Utah background checks conducted prior to the issuance of this permit is to determine criminal history, which does not include a check of all federal prohibitors. See Utah Code Ann. § 53-5-705. |
|
|
Vermont |
None |
No |
|
|
Virginia |
Concealed Handgun Permit |
No |
The prohibited person disqualifiers for the issuance of this permit do not include all federal prohibitors. See Va. Code. Ann. § 18.2-308.09, see also § 18.2-308.1:8 (state prohibitors do not include all misdemeanor crimes of domestic violence convictions, only those within three years of the conviction). |
|
Washington |
Concealed Pistol License |
No |
When state and federal laws impose different requirements, FFLs must follow the stricter of the two. 18 U.S.C. § 927. Washington state law requires a firearm background check for all firearm transfers. See Wash. Rev. Code §§ 9.41.111, 9.41.113. |
|
Non-US Citizen Firearms License |
No |
See note for the Washington Concealed Pistol License.
|
|
|
West Virginia |
Concealed Handgun License |
Yes |
|
|
Provisional Concealed Handgun License |
No |
When state and federal laws impose different requirements, FFLs must follow the stricter of the two. 18 U.S.C. § 927. West Virginia law requires these provisional licenses be marked “NOT NICS EXEMPT” and that a NICS check be performed prior to the transfer of a firearm from a federally licensed firearm dealer because this license does not satisfy the requirements of 18 U. S. C. § 922(t)(3). See W. Va. Code § 61-7-4a(h). |
|
|
Wisconsin |
Conceal Carry |
No |
The Wisconsin Department of Justice has advised that, based on their understanding of state law, they issue licenses to those under felony indictment. Federal law prohibits sale/receipt of a firearm by a person under felony indictment. 18 U.S.C. § 922(d)(1), (n). |
|
Emergency License |
No |
A NICS background check is not required under Wisconsin law to obtain this license, which may be issued if warranted to protect the individual from death or great bodily harm. See Wis. Stat. Ann. § 175.60. |
|
|
Wyoming |
Conceal Carry Permit |
Yes |
|
