On May May 23, 2025 the Office of the Assistant Director Enforcement Programs and Services issued a letter that has been flying almost completely under the radar. Today we are going to break it down for you, BARNEY STYLE!
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.
The purpose of this open letter is to advise all federal firearms licensees (FFLs) of updated guidance from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) that reminds you of your obligations under the Brady Handgun Violence Prevention Act (Brady Act), 18 U.S.C. § 922(t), when transferring a firearm to a person who is not an FFL. This guidance sets forth ATF’s assessment of qualifying permits and is the agency’s interpretation of NICS alternative permits under 18 U.S.C. § 922(t)(3). This open letter is intended to aid FFLs in determining whether to accept state permits in compliance with Federal law
The ATF is reminding gun dealers (FFLs) about their legal responsibilities under the Brady Act when selling or transferring a firearm to someone who is not a licensed dealer. Specifically, this letter talks about which state-issued permits can be used instead of running a background check through NICS (the National Instant Criminal Background Check System). The ATF is clarifying how these permits qualify and when they can legally be accepted under federal law.
If you’re not an FFL, this mainly means that not all state permits automatically exempt you from a background check—it depends on whether the ATF recognizes your permit as a valid substitute under federal law.
The Brady Act generally requires FFLs to initiate a National Instant Criminal Background Check System (NICS) background check before transferring a firearm to a person who is not an FFL. However, the Brady Act contains exceptions to the NICS check requirement, including an exception for holders of certain state permits that authorize them to possess, carry, or acquire firearms. The law and implementing regulations provide that permits issued not more than five years prior to the firearm transfer date may qualify as alternatives to the NICS check if certain other requirements are satisfied. Most importantly, the laws of the state must provide that the authority issuing the permit is required to check available information, including conducting a NICS background check, and that the issuing authority may not issue a permit to anyone when the available information indicates the applicant is prohibited from possessing firearms under federal, state, or local law
Federal law usually requires gun dealers to run a NICS background check before selling a firearm to someone without a dealer’s license. However, if the buyer has a qualifying state-issued gun permit, that background check might not be needed if:
-
The permit was issued within the last 5 years,
-
The state ran a NICS check before issuing the permit,
-
The state’s laws require them to deny permits to people who are banned from owning guns.
So just having a permit isn’t always enough—you need to make sure it meets these federal standards.
The new chart includes updates or clarifications to the status of a state permit as a NICS
background check alternative in the following states:
• Alabama
• California
• Georgia
• Indiana
• Kentucky
• Louisiana
• Michigan
• Missouri
• Montana
• Puerto Rico
• Utah
• West Virginia
• Wisconsin
If you’re buying a gun from a dealer and using a qualifying permit instead of going through a NICS background check, the dealer still has to follow specific rules:
-
You must fill out and sign ATF Form 4473 – this is the standard form for all firearm purchases.
-
You must show a valid government-issued photo ID (like your driver’s license), and the dealer must make sure the permit is really yours.
-
Your permit must have been issued or renewed within the last 5 years, even if it’s a “lifetime” permit. Federal law only accepts it as a NICS substitute for 5 years from the date it was issued.
If the dealer can’t confirm your permit is still valid or can’t verify when it was issued, they are supposed to run a NICS check anyway—just to stay compliant with the law.
The guidance set forth in this letter and the new chart on atf.gov supersedes all previous ATF open letters on NICS alternate permits, including open letters as to whether a particular jurisdiction’s firearms permit(s) qualify as an alternative to the NICS check. This is interpretive guidance that is not binding, nor does it have the force or effect of law.
The ATF is saying that this new guidance—along with a new chart on their website—replaces all older letters about which state permits can be used instead of a NICS background check.
However, this is just their interpretation of the law. It’s not legally binding, and it doesn’t carry the same weight as actual laws or regulations. But FFLs are still expected to follow this guidance unless a court or law says otherwise.
This guidance represents ATF’s assessment of which state laws currently in effect satisfy the requirements set forth in federal law. FFLs are ultimately responsible for complying with all federal, state, and local laws, and for keeping abreast of any future changes to those laws that may affect their legal obligations. 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 conduct a standard NICS background check before transferring the firearm.
The ATF’s guidance explains which state permits currently meet federal requirements to skip a NICS background check.
However, gun dealers (FFLs) are responsible for following all laws — federal, state, and local — and staying updated on any legal changes.
Dealers don’t have to accept a state permit instead of a NICS check if they have doubts about the permit’s validity. If they suspect the permit is fake, wrongly issued, or doesn’t follow the law, they should run a NICS background check before selling the gun.
Whether transferring a firearm pursuant to a NICS background check or upon presentation of a qualifying alternate permit, FFLs must always comply with allstate 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.
Whether transferring a firearm pursuant to a NICS background check or upon presentation of a
qualifying alternate permit, FFLs must always comply with allstate 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.
Veiw the original document here:
Understanding the Bradley Firearms Act
The Brady Act requires gun dealers (FFLs) to run a NICS background check before transferring a firearm to someone who isn’t licensed. But there’s an exception if the buyer shows a state-issued permit that meets certain rules.
To qualify as a substitute for a NICS check, the permit must:
-
Allow the person to legally own or get a firearm.
-
Have been issued within the last 5 years in the state where the sale happens.
-
Be issued only after a government official confirmed that the buyer is legally allowed to have a gun (meaning no legal red flags).
If these conditions are met, the dealer can use the permit instead of running a NICS check.
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.
State List of Qualifying Alternative Permits to NICS Check as of May 23, 2025
- Alabama
- Alaska-Yes, but only if marked “NICS exempt”
- Arizona
- Arkansas
- Georgia
- Hawaii
- Idaho
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana- unless it’s Concealed Handgun Permits Issued by Sheriffs/ Temporary Concealed Handgun Permit (Domestic Violence)
- Michigan
- Mississippi- unless it’s Carry Permit Security Personnel
- Missouri- Unless it’s a Provisional Lifetime Conceal Carry Permit, Provisional Extended Conceal Carry Permit, or Provisional Concealed Carry Permit
- Montana- Unless it’s a Individual Licensure
- Nebraska
- Nevada
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Puerto Rico
- South Carolina
- South Dakota
- Texas
- Utah- Unless it’s a Temporary Permit to Conceal Carry
- West Virginia- Unless Provisional Concealed Handgun License
- Wisconsin- Unless Emergency License
- Wyoming
See The Table in all its hard-to-read glory here