CCW State Law Comparisons - Background Checks (table of contents, next page)

Section Two

Background Checks

"We were a little reticent, one always is of the unknown. But our concerns have not come to fruition thus far. The key is a good background check."

Oklahoma Association of Chiefs of Police Executive Director Jim Cox

Background:

Each state established requirements for the performance of checks to assure the validity of information provided by the applicant. These requirements varied from a simple statement directing the issuing authority to investigate the applicant’s background to very detailed and specific instructions on the duties of the issuing authority. For the purposes of this comparison, any issuing authority, whether it be a state or local agency is assumed to investigate any information provided by the applicant on a statewide basis. This assumption was made even without a statutory burden being placed on the issuing authority by the relevant state law.

Points were awarded as follows:

• Statewide Check = 1 points
• Fingerprints = 2 points
• FBI check = 2 points

Note: If the issuing authority is not required to take fingerprints but "may" take them, that state is awarded 1 points. If the issuing authority is not required to send the fingerprints to the FBI for review but "may" send them, that state is awarded 1 points.

Summary:

Background Checks:

All 31 states require the issuing authority to perform a check of available information on the applicant. The extent and thoroughness of the search generally is left to the discretion of the issuing authority. For the purposes of this comparison, all state issuing authorities are assumed to check statewide background sources.

Fingerprints:

• 20 states require the issuing authority to take a set of fingerprints for the purposes of background investigations [Prop B];
• 4 states allow the issuing authority to take a set of fingerprints at their discretion; and
• 7 states do not allow the issuing authority to take a set of fingerprints.

FBI National Criminal Check:

• 13 states require the issuing authority to send fingerprints to the FBI [Prop B];
• 4 states allow the issuing authority to send fingerprints to the FBI at their discretion; and
• 14 do not allow the issuing authority to send fingerprints to the FBI or the issue is not specifically listed in the statute.

Conclusion:

Proposition B is rated as the Most Strict for Background Checks when compared to the provisions included in the other 30 states with right-to-carry concealed firearm laws.

[COVER] [CONTENTS] [TITLE] [DEDICATION] [ABSTRACT] [INTRO] [METHOD] [HOW TO USE]
[BASICS1, 2, 3, Chart] [CHECK, Chart] [PERMITTED WEAPONS, Chart] [PERMIT FORM1, 2, Chart] [TRAINING1, 2, Chart] [QUALIFICATIONS, Chart] [PROHIBITED PLACES1, 2, 3, Chart] [FL, TX and VA1, 2, 3]
[CONCLUSION]

copyright Greg Jeffery, 1999, all rights reserved

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