Written by Background Check Repair
Background Checks | June 20, 2024
Table of Contents
Interested in obtaining a concealed carry permit (CCP) or concealed carry weapon (CCW) license… many people don’t know that in some states, the process for a background check for concealed carry permit also includes a special ‘exception.’
Since the license examines a person’s full criminal history, in some states, having a concealed carry permit or weapons license allows individuals to skip the background check process when buying firearms.
Basically, these states concede that since a person has to undergo a rigorous investigation to achieve a weapons permit, they have already been cleared to purchase firearms safely.
Understanding state rules is the key to understanding the special exception.
Of course, many people choose to go ahead and run a criminal background check on themselves first, to make sure their history is clear and there are no unknown charges pending that could lead to failing background check for a carry permit. This is easily done using an agency or service that offers a free trial for background checks, or users can perform the fingerprint background check using the information included below.
Every state has its own statutes and laws surrounding gun ownership and gun-carry licenses. And, many states have instituted an open carry law, with the legality based on the Constitution.
Knowing how these laws work– in each state –is crucial before undergoing a background check for concealed carry permits or weapons licenses. This guide provides everything you need to know, including the types of records that are part of what will show up on a criminal background check and what states dispense with carry licenses altogether and legally allow “open” or “constitutional carry.”
A concealed carry permit is a special license that allows a person to legally carry a firearm, concealed, with them in public.1 The distinction is “concealed.”
This means that the weapon is hidden from public view, usually on their person.
To obtain such a permit, applicants must undergo a series of steps, including educational instruction, competency tests, and a heightened level 2 background check that examines both criminal and Justice Department records.
Certain states have additional regulations regarding concealed carry laws and licenses, with some areas being stricter than others.
Furthermore, states use abbreviations when it comes to creating laws and regulations about gun laws, concealed carry permits, and licenses to carry firearms. The most common abbreviations when describing licenses and permits are:
It’s important to know that some states require the state to issue a permit before the individual can legally carry a concealed weapon, while others are considered “open carry” states, and still others allow concealed carry without a permit (aka constitutional carry).
Since there are state-specific laws regarding who can carry a weapon, the age limit for gun ownership, and federal requirements, understanding a state’s CCW regulations is essential to moving forward in the process.2 The most common requirements include:
For example, Tennessee allows concealed carry without a permit and also issues CCPs. However, TN state law explains that where a “no guns” sign is posted, CCP holders cannot legally carry on the premises.
Likewise, the state forbids carrying in state parks while drinking alcohol. However, Tennessee also has a law that holds businesses legally liable for deaths or injuries that occur on the premises if they have a posted “no weapons” policy. In other words, if a deadly incident occurs there, and someone was involved who is a CCP holder, that person may sue and claim damages from the business that effectively forbids self-defense.
A “may issue” state means that applicants can still be denied a gun permit, even after meeting the “required” criteria, including the background check for a concealed carry permit. In this case, the issuing authority, which is typically the local sheriff’s office or police department, can judge the applicants on a case-by-case permit when it comes to issuing or denying a concealed carry permit.3
May-issue states require those applying for concealed carry permits to show why they may need the permit (known as “good cause”), whereas other states may require character references that make it more understandable to issue a concealed weapon permit. The may-issue states include California, Connecticut, Delaware, Hawaii, Maryland, Massachusetts, New York, New Jersey, and Rhode Island.
In other words, without a “good reason,” citizens are denied their right to self-defense with a concealed weapon.
Shall-issue states refer to the ability of a state to give a person a concealed carry permit if they meet the eligibility and basic requirements. As long as the state police, local sheriff’s office, or police department agree that the applicant has met the basic criteria, they are compelled to issue the individual the gun permit.4 The other 41 of the United States of America all follow shall-issue laws when it comes to issuing permits.
So, what does a background check for concealed carry permits consist of? While each state is different, some aspects of the process are the same.
The first step of obtaining a background check for a concealed carry permit is fingerprinting. The fingerprints are used to perform both state and federal criminal background checks.
Most states take fingerprints at the local Department of Motor Vehicles (DMV) or at the sheriff’s office while the applicant is completing the written application.
The fingerprints are used to search national criminal databases and will illuminate law enforcement and mental health issues, such as:
Of course, much more information is also found during the state criminal background check. Items include:
Despite there not being any nationwide laws requiring gun owners to take safety training, many states require gun purchasers or those with concealed carry licenses to show visible proof of how to conceal, store, use and take care of weapons in their possession.5
In over half of the states in the United States, there are no marksmanship tests before a person can legally carry a concealed weapon. However, there is usually an equivalent criteria test, and live-fire training is typically a part of the educational requirements.
States without live-fire training, such as Pennsylvania, is a shall-issue state that grants a permit when the person meets the basic criteria requirements. The standard eligibility for the majority of U.S. states includes no criminal record and no marks on a person’s mental health history.
In other states, such as Kentucky, where the laws are more stringent, a required marksmanship test where the individual shoots 11 out of 20 shots on the target is necessary to obtain the concealed carry permit.
Individuals must undergo a criminal background check to carry a concealed weapon.
The National Instant Criminal Background Check System check is used when a person purchases a gun to determine criminal histories, such as pending convictions or past charges. Furthermore, in some states, the local sheriff’s office or police department will include the NCIS check as part of the overall background check in addition to a state police check.
In addition to the NICS background check, some states require a background check for handgun purchases.6
The states in which permits are required to purchase a handgun include the following:
The NICS E-Check System offers a fast and expedited way to complete a background check while a potential gun owner is in the store to complete the online application. Licensed firearm dealers who use the E-Check system can immediately validate the person’s ability to purchase firearms using online resources.7
Anyone applying for the concealed carry permit will have to fill out Sections A & B of the 4473 form, provide a photo I.D., and answer the questions on the application sheet for the gun seller to submit the E-Check.
Lastly, individuals who wish to obtain a concealed carry license may have to go through local law enforcement, such as the local county sheriff’s office or police department, to obtain their permit.
For example, in Pennsylvania, an applicant will have to obtain their license through local law enforcement if they meet the basic eligibility criteria.8
Once individuals have completed all the information on their end, such as inputting the correct information, providing photo ID, and consenting to the background check, the processing time can vary.9
In fact, it’s much different from buying a gun. The majority of background checks for gun sales are instant, but the FBI has up to 3 days to complete the background check before a sale of a firearm can proceed.10,11
However, for a concealed carry permit, the time allowed for the processing can be anywhere from 1-3 months, depending on the state and the amount of information needed.
A concealed carry background check will go back to a person’s entire life or the length of a person’s residency status. The background check will confirm if the person in question is a legal citizen or resident of the United States and if the person has no disqualifying record that can be reported to NCIS, such as the following:12
There are certain factors that can disqualify a person from obtaining a concealed carry permit, such as the following:13
Each state has specific lists of disqualifications. The table below contains links to the state law:
| State | Is this an Open Carry State? (No Permit Needed) | Concealed Carry Permit and CCW Defense Law |
| Alabama | Yes – constitutional carry state | Alabama Law Enforcement Agency |
| Alaska | Yes – constitutional carry state | Alaska Concealed Handgun |
| Arizona | Yes – constitutional carry state | Arizona Department of Public Safety |
| Arkansas | Yes – constitutional carry state | Arkansas Department of Public Safety |
| California | No | Department of Justice |
| Colorado | Yes – open carry state | Colorado Bureau of Investigation |
| Connecticut | No | Connecticut Department of Emergency Services |
| Delaware | Yes – open carry state | Attorney General |
| Florida | No | Florida Department of Agriculture and Consumer Services |
| Georgia | Yes – constitutional carry state | Applying for a Firearms License |
| Hawaii | No | Criminal Justice Division |
| Idaho | Yes – constitutional carry state | Idaho Office of Attorney General |
| Illinois | No | Illinois State Police |
| Indiana | Yes – constitutional carry state | Indiana State Police |
| Iowa | Yes – constitutional carry state | Iowa Department of Public Safety |
| Kansas | Yes – constitutional carry state | Kansas Attorney General |
| Kentucky | Yes – constitutional carry state | Kentucky State Police |
| Louisiana | Yes – open carry state | Office of State Police |
| Maine | Yes – constitutional carry state | Maine State Police |
| Maryland | No | Maryland State Police |
| Massachusetts | No | Massachusetts Firearms Laws |
| Michigan | Yes – open carry state | State of Michigan |
| Minnesota | No | Minnesota Department of Public Safety |
| Mississippi | Yes – constitutional carry state | DPS Driver Service Bureau |
| Missouri | Yes – constitutional carry state | Missouri Attorney General |
| Montana | Yes – constitutional carry state | Montana Department of Justice |
| Nebraska | Yes – open carry state | Nebraska State Patrol |
| Nevada | Yes – open carry state | Nevada State Police |
| New Hampshire | Yes – constitutional carry state | New Hampshire State Police |
| New Jersey | No | New Jersey State Police |
| New Mexico | Yes | New Mexico Department of Public Safety |
| New York | No | New York State Police |
| North Carolina | Yes – open carry state | North Carolina Department of Public Safety |
| North Dakota | Yes – constitutional carry state | ND Attorney General |
| Ohio | Yes – constitutional carry state | Ohio Attorney General |
| Oklahoma | Yes – constitutional carry state | Oklahoma State Bureau of Investigation |
| Oregon | Yes – open carry state | Oregon State Legislature |
| Pennsylvania | Yes – open carry state | Carrying Firearms in Pennsylvania |
| Rhode Island | No | Rhode Island Attorney General |
| South Carolina | No | South Carolina Law Enforcement Division |
| South Dakota | Yes – constitutional carry state | South Dakota Secretary of State |
| Tennessee | Yes – constitutional carry state (handguns only) | Tennessee Department of Safety & Homeland Security |
| Texas | Yes – constitutional carry state | Texas Department of Public Safety |
| Utah | Yes – constitutional carry state | Utah Bureau of Criminal Identification |
| Vermont | Yes – constitutional carry state | Vermont Department of Public Safety |
| Virginia | Yes – open carry state | Virginia State Police |
| Washington | Restricted, not prohibited | Washington State Attorney General |
| West Virginia | Yes – constitutional carry state | West Virginia Attorney General |
| Wisconsin | Yes – open carry state | Wisconsin Department of Justice |
| Wyoming | Yes – constitutional carry state | Wyoming Division of Criminal Investigation |
An FFL license is a federal firearms license that provides certified arms dealers with the ability to legally sell firearms to individuals.15
Applicants can then follow these steps to obtain an FFL license:
Some states allow the background check process to be skipped when purchasing a gun if the buyer has a CCW license, such as the following:
Individuals who want a concealed carry license should know what may show on their background check. Certain criminal convictions or mental health records could temporarily disqualify them from passing a background check for a concealed carry permit.
Yes. Individuals in certain states who do not pass the basic guidelines (i.e., have a criminal conviction) may be disqualified from obtaining a concealed carry permit.
A concealed carry permit is a public record and will appear in a person’s background check.
A background check before purchasing a gun typically takes only a couple of minutes to 3 days at the maximum. According to the FBI, 92% of the background checks are instant.16
Texas does not require background checks for unlicensed vendors or private individuals selling guns to a third party.
A person who fails a background check for a gun will see the ‘denied’ status on their check, which prohibits them from purchasing a gun. At this point, the individual may choose to submit a Voluntary Appeal File to the decision.
ATF recognizes a permit to purchase a handgun and the concealed weapons permit as a suitable alternative to the NICS check-in specific states only, such as Alaska.
14 states require background checks to purchase a firearm.
21 states and the District of Columbia do not require background checks for handgun sales, including unlicensed vendors.
A gun background check will show a person’s criminal convictions and mental health records that could prohibit them from being legally allowed to own a gun.
Individuals who want a concealed carry license should know what may show on their background check. Certain criminal convictions or mental health records could temporarily disqualify them from passing a background check for a concealed carry permit.
An FFL license is issued to firearms dealers and legally allows them to sell guns using the instant background check system, a license lookup is simply looking up a specific and valid license.
1Concealed Carry. U.S. Concealed Carry. Retrieved from <https://www.usconcealedcarry.com/resources/terminology/carry-types/concealed-carry/>
2How to Apply for and Get a Concealed Carry Permit. U.S. Concealed Carry. Retrieved from <https://www.usconcealedcarry.com/resources/how-to-get-a-concealed-carry-permit/>
3May Issue. U.S. Concealed Carry. Retrieved from <https://www.usconcealedcarry.com/resources/terminology/types-of-concealed-carry-licensurepermitting-policies/may-issue/>
4Shall Issue. U.S. Concealed Carry. Retrieved from <https://www.usconcealedcarry.com/resources/terminology/types-of-concealed-carry-licensurepermitting-policies/shall-issue/>
5The Effects of Firearm Safety Training requirements. (2020). RAND. Retrieved from <https://www.rand.org/research/gun-policy/analysis/firearm-safety-training-requirements.html>
6USA. Which States Require a Background Check for Handgun Purchases? (2020). U.S. Concealed Carry. Retrieved from <https://www.usconcealedcarry.com/blog/which-states-require-a-background-check-for-handgun-purchases/>
7E4473 Staff. (2021). Everything You Need to Know About NCIS Background Checks. Retrieved from <https://www.e4473.com/blog/everything-you-need-to-know-about-NICS-background-checks/>
8Concealed Carry in Pennsylvania. (2021). Giffords. Retrieved from <https://giffords.org/lawcenter/state-laws/concealed-carry-in-pennsylvania/>
9How to get your license: Concealed pistol license (CPL). Retrieved from <https://www.dol.wa.gov/business/firearms/faconcealreq.html>
10How Long Does a Gun Background Check Take? Liberty Home Concealment. Retrieved from <https://libertyhomeconcealment.com/blogs/articles/how-long-does-a-gun-background-check-take>
11Waiting Periods, (2019). NRA-ILA. Retrieved from <https://www.nraila.org/get-the-facts/waiting-periods/>
12How far back does a background check for a handgun purchase go? Quora. Retrieved from <https://www.quora.com/How-far-back-does-a-background-check-for-a-handgun-purchase-go>
13What You Need to Know About Background Checks for Guns. Criminal WatchDog. Retrieved from <https://www.criminalwatchdog.com/faq/background-checks-for-guns>
14State Gun Laws. Women’s Law. Retrieved from <https://www.womenslaw.org/laws/la/state-gun-laws/basic-info-and-definitions/what-reasons-would-someone-be-denied-permit-carry>
15What is an FFL and How Can You Get a Federal-Firearm License? (2022). Payment Cloud. Retrieved from <https://paymentcloudinc.com/blog/ffl-license/>
16WSJ News Graphics. (2016). Five Questions About Background Checks. The Wall Street Journal. Retrieved from <http://graphics.wsj.com/gun-check-explainer/#:~:text=The%20NICS%20background%20check%20is,clean%2C%20the%20gun%20is%20sold>
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