Buying with a CHL

CHL discussions that do not fit into more specific topics

Moderators: carlson1, Charles L. Cotton


Topic author
Bitterclinger
Member
Posts in topic: 2
Posts: 80
Joined: Sat Dec 08, 2012 9:27 am

Buying with a CHL

#1

Post by Bitterclinger »

I have questions about my first gun purchase since getting my CHL.

I bought my first .223 black rifle yesterday; mostly because I don't have much hope that the liberal Republican party will do much to stop the liberal Democrat party from banning them at some point in the near future. But enough of politics, I have a Policy and Procedure question: Does the law require you to fill out and sign the National Instant Check System form, the one with all the stupid "are you a criminal?" check boxes, even if you have a CHL?

They asked for and photocopied my DL and CHL and filed that with the NICS registration form. I don't think they actually did the phone check part.

I just assumed that my freshly minted CHL would take me back to the old days when buying a gun was like buying a hammer. I could have got this rifle for $10 less at the gun show, but I wanted to support my local gun dealer. That will change if I find out they are requiring legally unnecessary information gathering and can't be convinced to discontinue the practice.

Are there any privacy laws or regulations that could be used to discourage dealers from collecting Personally Identifiable Information when it is not necessary to do so?
User avatar

jmra
Senior Member
Posts in topic: 8
Posts: 10371
Joined: Tue Feb 03, 2009 6:51 am
Location: Ellis County

Re: Buying with a CHL

#2

Post by jmra »

Yes, you still have to fill out the paperwork. I've never had anyone make copies of my DL or CHL nor would I allow them to.
Life is tough, but it's tougher when you're stupid.
John Wayne
NRA Lifetime member
User avatar

AEA
Senior Member
Posts in topic: 2
Posts: 5110
Joined: Sat May 12, 2007 12:00 pm
Location: North Texas

Re: Buying with a CHL

#3

Post by AEA »

Bitterclinger wrote:Are there any privacy laws or regulations that could be used to discourage dealers from collecting Personally Identifiable Information when it is not necessary to do so?
Yes, be prepared and hit them in the pocketbook.

The CHL exempts you from the call in. But some stores have a "policy" of their own.

If you are about to buy a weapon from a store you have not been to before and are unaware of their "policy", ask when they hand you the 4473 and before you even write anything if they do the call in on CHL holders.

If their reply is yes to the call in, inform them you will be purchasing from another store that does not have a "policy" to circumvent/infringe on State Law.

And NEVER allow anyone to photocopy your DL or CHL.
Alan - ANYTHING I write is MY OPINION only.
Certified Curmudgeon - But, my German Shepherd loves me!
NRA-Life, USN '65-'69 & '73-'79: RM1
1911's RULE!
User avatar

bigbang
Member
Posts in topic: 1
Posts: 134
Joined: Tue Oct 05, 2010 12:08 pm

Re: Buying with a CHL

#4

Post by bigbang »

jmra wrote:Yes, you still have to fill out the paperwork. I've never had anyone make copies of my DL or CHL nor would I allow them to.
:iagree: They can look at me ID but it's not leaving my possession. If that queers the sale, I figure I dodged a bullet.
This is a Glock 40. Fifty Cent. Too Short. All of them talk about a Glock 40. OK?
I'm the only one in this forum fool enough - that I know of - to shoot himself with a Glock 40.

Topic author
Bitterclinger
Member
Posts in topic: 2
Posts: 80
Joined: Sat Dec 08, 2012 9:27 am

Re: Buying with a CHL

#5

Post by Bitterclinger »

I wrote one of the guys that works there and he said the form was a federal requirement. Which sucks, because it basically means that every gun I buy is "registered".

He stated that the DL/CHL was story policy. I had asked about their document retention policy and disposition schedule and he responded that they will both documents for the life of their license.

As a document-management specialist, I think that is a REALLY STUPID policy. You want to dispose of sensitive documents as soon as you legally can. In the discovery phase, what you don't have can't hurt you.

Part of me feels like an idiot for giving up my ID so quick, but things were moving pretty quick and it wasn't like she said asked me or even informed me that she was going to make a copy. I just sort of noticed it there when she was wraping up with the "federally required" NICS form.

Truth be told, I'd probably have gone along with it and felt much better If I'd been asked. But I would have asked them to tell me how they secure there documents.
User avatar

G26ster
Senior Member
Posts in topic: 2
Posts: 2655
Joined: Wed Feb 03, 2010 5:28 pm
Location: DFW

Re: Buying with a CHL

#6

Post by G26ster »

Bitterclinger wrote:I wrote one of the guys that works there and he said the form was a federal requirement. Which sucks, because it basically means that every gun I buy is "registered".

He stated that the DL/CHL was story policy. I had asked about their document retention policy and disposition schedule and he responded that they will both documents for the life of their license.

As a document-management specialist, I think that is a REALLY STUPID policy. You want to dispose of sensitive documents as soon as you legally can. In the discovery phase, what you don't have can't hurt you.

Part of me feels like an idiot for giving up my ID so quick, but things were moving pretty quick and it wasn't like she said asked me or even informed me that she was going to make a copy. I just sort of noticed it there when she was wraping up with the "federally required" NICS form.

Truth be told, I'd probably have gone along with it and felt much better If I'd been asked. But I would have asked them to tell me how they secure there documents.
I don't quite understand the problem.

1. It is federal law that a 4473 form be filled out by the purchaser when buying a firearm from a FFL. Were you not aware of this?
2. There is no information on your D/L or CHL that isn't already required to be placed on the 4473. You put in your height, weight, birth date, address, etc. on the 4473, and the FFL must record your D/L # and CHL number on his part of the form.
3. The FFL must keep the 4473 on file for 20 years, unless they go out of business sooner, and at the end of the time period they are turned in to the BATFE.

So, can you tel me what information they got that they weren't required to have by federal law?
User avatar

AEA
Senior Member
Posts in topic: 2
Posts: 5110
Joined: Sat May 12, 2007 12:00 pm
Location: North Texas

Re: Buying with a CHL

#7

Post by AEA »

Umm.....Picture on Photocopy of DL & CHL?
Alan - ANYTHING I write is MY OPINION only.
Certified Curmudgeon - But, my German Shepherd loves me!
NRA-Life, USN '65-'69 & '73-'79: RM1
1911's RULE!
User avatar

sjfcontrol
Senior Member
Posts in topic: 6
Posts: 6267
Joined: Wed Oct 28, 2009 7:14 am
Location: Flint, TX

Re: Buying with a CHL

#8

Post by sjfcontrol »

G26ster wrote:
Bitterclinger wrote:I wrote one of the guys that works there and he said the form was a federal requirement. Which sucks, because it basically means that every gun I buy is "registered".

He stated that the DL/CHL was story policy. I had asked about their document retention policy and disposition schedule and he responded that they will both documents for the life of their license.

As a document-management specialist, I think that is a REALLY STUPID policy. You want to dispose of sensitive documents as soon as you legally can. In the discovery phase, what you don't have can't hurt you.

Part of me feels like an idiot for giving up my ID so quick, but things were moving pretty quick and it wasn't like she said asked me or even informed me that she was going to make a copy. I just sort of noticed it there when she was wraping up with the "federally required" NICS form.

Truth be told, I'd probably have gone along with it and felt much better If I'd been asked. But I would have asked them to tell me how they secure there documents.
I don't quite understand the problem.

1. It is federal law that a 4473 form be filled out by the purchaser when buying a firearm from a FFL. Were you not aware of this?
2. There is no information on your D/L or CHL that isn't already required to be placed on the 4473. You put in your height, weight, birth date, address, etc. on the 4473, and the FFL must record your D/L # and CHL number on his part of the form.
3. The FFL must keep the 4473 on file for 20 years, unless they go out of business sooner, and at the end of the time period they are turned in to the BATFE.

So, can you tel me what information they got that they weren't required to have by federal law?
I believe at the end of the 20years, the records may be destroyed. If the dealer gors out of business before then, they must be sent to BATFE.
(e) Records of dealers and collectors under the Act. The records prepared by licensed dealers and licensed collectors under the Act of the sale or other disposition of firearms and the corresponding record of receipt of such firearms shall be retained through December 15, 1988, after which records of transactions over 20 years of age may be discarded.
Range Rule: "The front gate lock is not an acceptable target."
Never Forget. Image
User avatar

RX8er
Senior Member
Posts in topic: 13
Posts: 1269
Joined: Mon Dec 17, 2012 10:36 pm
Location: Northeast Fort Worth

Re: Buying with a CHL

#9

Post by RX8er »

If you don't give me your TXDL(ID) and TXCHL, which I have to have both if you are using a CHL to skip the background, I cannot properly do my job. I have to verify the info you wrote on the 4473 against your DL and CHL. I will not try to do this with someone holding on to it.

As other's have said, I have all the info I can find on your DL and CHL on the legally required 4473. If you have an FFL that does this without verifying the info on the DL and CHL, I'd love to know who it is and so would BATFE.
Final Shot offers Firearms / FFL Transfers / CHL Instruction. Please like our Facebook Page.
If guns kill people, do pens misspell words?
I like options: Sig Sauer | DPMS | Springfield Armory | Glock | Beretta
User avatar

RX8er
Senior Member
Posts in topic: 13
Posts: 1269
Joined: Mon Dec 17, 2012 10:36 pm
Location: Northeast Fort Worth

Re: Buying with a CHL

#10

Post by RX8er »

AEA wrote:Umm.....Picture on Photocopy of DL & CHL?
That's okay, they have better ones attached to your receipt and transaction number they got from all the CCTV. :cheers2: :biggrinjester:
Final Shot offers Firearms / FFL Transfers / CHL Instruction. Please like our Facebook Page.
If guns kill people, do pens misspell words?
I like options: Sig Sauer | DPMS | Springfield Armory | Glock | Beretta
User avatar

G26ster
Senior Member
Posts in topic: 2
Posts: 2655
Joined: Wed Feb 03, 2010 5:28 pm
Location: DFW

Re: Buying with a CHL

#11

Post by G26ster »

RX8er wrote:
AEA wrote:Umm.....Picture on Photocopy of DL & CHL?
That's okay, they have better ones attached to your receipt and transaction number they got from all the CCTV. :cheers2: :biggrinjester:
Or the one the whole world has from your Facebook page :biggrinjester:
User avatar

sjfcontrol
Senior Member
Posts in topic: 6
Posts: 6267
Joined: Wed Oct 28, 2009 7:14 am
Location: Flint, TX

Re: Buying with a CHL

#12

Post by sjfcontrol »

G26ster wrote:
RX8er wrote:
AEA wrote:Umm.....Picture on Photocopy of DL & CHL?
That's okay, they have better ones attached to your receipt and transaction number they got from all the CCTV. :cheers2: :biggrinjester:
Or the one the whole world has from your Facebook page :biggrinjester:
My Facebook page does NOT have my picture on it.
Range Rule: "The front gate lock is not an acceptable target."
Never Forget. Image

Abraham
Senior Member
Posts in topic: 2
Posts: 8400
Joined: Tue Aug 14, 2007 8:43 am

Re: Buying with a CHL

#13

Post by Abraham »

So, the upshot of this is: Having one's DL & CHL photocopied (for this purchase) is nothing to be upset about?

So, why are some proclaiming it is?

Thanks!

knotquiteawake
Senior Member
Posts in topic: 1
Posts: 772
Joined: Thu Jul 07, 2011 9:18 am
Location: Rowlett, TX

Re: Buying with a CHL

#14

Post by knotquiteawake »

So if your CHL was revoked for committing a felony and you didn't return it to them you can still use it to skip the background check and purchase a gun (as a felon)? I didn't realize you could skip the background check, I thought it mostly just allowed you to skip putting down the SS# on the forms.
User avatar

jmra
Senior Member
Posts in topic: 8
Posts: 10371
Joined: Tue Feb 03, 2009 6:51 am
Location: Ellis County

Re: Buying with a CHL

#15

Post by jmra »

Abraham wrote:So, the upshot of this is: Having one's DL & CHL photocopied (for this purchase) is nothing to be upset about?

So, why are some proclaiming it is?

Thanks!
The problem I have with it is they don't need it. If they don't need it they shouldn't get it.
Life is tough, but it's tougher when you're stupid.
John Wayne
NRA Lifetime member
Post Reply

Return to “General Texas CHL Discussion”