Concealed Carry Permit is a Qualifying Alternative to NICS Check

May 23, 2025

From the U.S. Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives
OPEN LETTER TO ALL FEDERAL FIREARMS LICENSEES

Brady Permit Chart

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:

1.) the permit must allow the nonlicensee to possess or acquire a firearm;

2.) the permit must have been issued not more than five years earlier by the state in which the transfer is to take place; and

3.) 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.

Prior to transferring a firearm utilizing the exception in § 922(t)(3)(A), an FFL must ensure the following:

1.) the permit is valid and unexpired;

2.) the permit was issued not more than five years earlier by the state in which the transfer is to take place;

3.) the permit was issued by the state in which the FFL is located; and

4.) 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. While certain permits, including “lifetime” permits, may be valid under state law for more than five years, these only qualify as NICS alternatives for five years from the date they were issued.

Alabama Lifetime permits must be renewed every five years, and they must have an issue date printed on the permit.

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.