TexasCHLforum.com

E.Marquez wrote:

vjallen75 wrote: You make a very valid point, while it is well within your right to run the NCIS BG check it is within others right to refuse it. From my understanding it is up to the FFL/stores digression to check your BG on all firearms purchases. IMO since I passed the rigorous BG check from the state of Texas, I feel like I should not have to wait to pass one again. Would I take my business elsewhere? TBH it would depend on how good of a deal I was getting at the time.

I guess I view the LTC/ NICS bypass as i do a veterans discount .. If offered and it works out Im happy to accept, if not, I hold no ill will against the shop.
likley I too would be frustrated if the check could have been bypassed, and then a mix-up caused a denial from a NICS check.
I guess for an established gun owner who has more than a few firearms, the delay in purchasing a new gun is not a show stopper .. I can still defend myself and family, hunt anything from rabbit to moose, plink for fun with firearms on hand... so the denial would be a disappointment for sure, frustrating absolutely, but not as critical as it might be for that first time buyer with a freshly minted LTC and experience from some self defense shooting course they just complated.

In retrospect, I guess as a FFL Id probably let my gut tell me to allow the LTC bypass or run a NICS, but not have a zero tolerance always run it on every LTC possessing customer.

E.Marquez wrote:

RPBrown wrote:Unfortunately it is up to the store. They can call if they like, it's their right. However, if they call on me after I have given them my LTC, I will just leave without buying, thats my right.

I understand and respect your position, and right to choose to not do business with an FFL that checks.
Question.
If you have an LTC, and commit a crime, have a restraining order, or have some other disqualifying issue... that hard plastic card....it’s still in your wallet yes? No one comes to your home, searches you and your house to physically remove it from your possession. You are just supposed to not use it, until the state gets around to sending you a revocation letter and you return the card.
In the interim, you have that card, should you use it to bypass a NICS check.... and the FFL failed to make the call to NICS... Do you believe a jury would not find that FFL liable should you have used that newly purchased gun in a crime to say kill your spouse?

I absolutely realize that’s a huge string of what if's ...and such a person newly banned would likely already have a firearm and just use that not purchase a new one, and LTC holders and not likely to be in a demographic that would commit such a string of criminal acts in the first place.. I get that. But the issue remains, that FFL "could have" prevented the criminal from obtaining the weapon used to kill, rob, rape...by doing a NICS check which the law allows for and is specifically set up to prevent the acts that happened.

If I owned a gun store, you and your LTC would be offered a cup of coffee, pastry or other tidbit/ drink of your choice, and a comfy seat if desired while you waited on the NICS check to finish... If you refused Id wish you well and a good day. As a customer, you’re simply not worth the liability and risk to me and my family. Likely a lawyer will say the owner incurs no liability risk under the law...Id counter with, it appears to the laymen civil trial juries often care less what the law says, and vote with feelings.