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Token Liberal Hippie
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16-11-172

O.C.G.A. § 16-11-172
Transfers or purchases of firearms subject to the NICS; information concerning persons who have been involuntarily hospitalized to be forwarded to the FBI; penalties for breach of confidentiality; exceptions

(a) All transfers or purchases of firearms conducted by a licensed importer, licensed manufacturer, or licensed dealer shall be subject to the NICS. To the extent possible, the center shall provide to the NICS all necessary criminal history information and wanted person records in order to complete an NICS check.

(b) The center shall forward to the Federal Bureau of Investigation information concerning persons who have been involuntarily hospitalized as defined in this part for the purpose of completing an NICS check.

(c) Any government official who willfully or intentionally compromises the identity, confidentiality, and security of any records and data pursuant to this part shall be guilty of a felony and fined no less than $5,000.00 and shall be subject to automatic dismissal from his or her employment.

(d) The provisions of this part shall not apply to:

(1) Any firearm, including any handgun with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before 1898;

(2) Any replica of any firearm described in paragraph (1) of this subsection if such replica is not designed or redesigned to use rimfire or conventional center-fire fixed ammunition or uses rimfire or conventional center-fire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; and

(3) Any firearm which is a curio or relic as defined by 27 C.F.R. 178.11. (emphasis added)
So does this mean if I purchase something on the C&R list, I don't have to worry about the NICS check?

I mean, I don't have to worry about NICS anyway because of the GFL, but if a convicted felon wants to purchase a C&R eligible firearm, under GA law, they don't have to run NICS. Am I right?
 

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That's how I'm reading it. I also noticed you can buy black powder guns without the NICS check (part 1). Also, if the ammo is rare enough, you're exempt (part 2).

Like you said, no worries with the GFL anyway. But, it's good to know if you go out of state and buy. I can't remember if the GFL is an alternative in reciprocal states or not. You could test this by going to Walmart and buying a black powder. If any place was going to break this exception, it seems like it would be Walmart.
 

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Token Liberal Hippie
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ptsmith24 said:
That's how I'm reading it. I also noticed you can buy black powder guns without the NICS check (part 1). Also, if the ammo is rare enough, you're exempt (part 2).

Like you said, no worries with the GFL anyway. But, it's good to know if you go out of state and buy. I can't remember if the GFL is an alternative in reciprocal states or not. You could test this by going to Walmart and buying a black powder. If any place was going to break this exception, it seems like it would be Walmart.
Yeah, when I bought the Sig at the Fall Classic at Bass Pro the other night, I kept getting moved to the back of the line because "you've got a license, your paperwork won't take long."

I finally said (after waiting for nearly an hour) "If it won't take long, why don't we go ahead and f***ing get it done?"
 

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gsusnake said:
ptsmith24 said:
That's how I'm reading it. I also noticed you can buy black powder guns without the NICS check (part 1). Also, if the ammo is rare enough, you're exempt (part 2).

Like you said, no worries with the GFL anyway. But, it's good to know if you go out of state and buy. I can't remember if the GFL is an alternative in reciprocal states or not. You could test this by going to Walmart and buying a black powder. If any place was going to break this exception, it seems like it would be Walmart.
Yeah, when I bought the Sig at the Fall Classic at Bass Pro the other night, I kept getting moved to the back of the line because "you've got a license, your paperwork won't take long."

I finally said (after waiting for nearly an hour) "If it won't take long, why don't we go ahead and f***ing get it done?"
I know, really. It should be a first come first serve thing... I went during the week when I bought my 10/22 at Bass Pro. It took the guy about 30 minutes just to find the rifle that I wanted. Then once I did all the paperwork and paid, it took close to another 30 for him to go to the back and do something or other. This was the one at Discover Mills.
 

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State law might be conflicting with fed law here. Does the federal gov't require a NICS check when purchasing a C&R gun from an FFL? I'm not sure so I can't say for certain but I think they do. Because of the "supremacy clause" the feds win when state law conflicts with them. Again, I don't know.

On a second note, muzzle loaders are not even considered "firearms" under federal law.
 
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