ATF Expands NICS Exemption States for CCW Permit Holders
Milwaukee, Wis.—According to new direction from the ATF, Wisconsin is among the 13 states in which gun buyers can now choose exemption from background checks, provided they are residents of the state and hold a valid concealed carry permit. Some 16 other states have various other “gun permits” that exempt purchasers from undergoing repeated National Instant Check System (NICS) background checks.
The new direction was spelled out in a May 23, 2025, letter from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and was sent to dealers.
According to ammoland.com:
The Trump administration has reconsidered what state and territory firearms permits qualify as substitutes for National Instant Criminal Background Check system checks, or more generally, for Brady Law checks when purchasing a firearm. Two more states, Michigan and Alabama, have been added to the current list. As of present, 29 states and Puerto Rico have permits that qualify.
Not all permits in a particular state may qualify. In Alabama, both the Concealed Carry Permit and the Lifetime Concealed Carry Permit qualify. In Michigan, both the Permit to Purchase, Carry, Possess, or Transport a handgun and the license to conceal carry qualify.Missouri has multiple types of carry permits. The Lifetime Concealed Carry Permit, the Extended Concealed Carry Permit, and the Concealed Carry Permit all qualify. The Provisional Lifetime Concealed Carry Permit, the Provisional Extended Concealed Carry Permit, and the Provisional Concealed Carry Permit do not qualify.
None of the California permits qualify. Surprisingly, both Hawaii permits qualify.Here is a list of states where no permits qualify. Some of these states are surprising.
California, Colorado, Connecticut, Delaware, Florida, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Tennessee, Virginia and Washington State.
Vermont does not issue a permit but has Constitutional Carry.
Win for Gun Rights or Subterfuge?
Wisconsin Gun Owners (WGO) was quick to throw cold water on the celebrations, however, dismissing the move as reinforcing unconstitutional “permits,” which it says infringe on the inalienable right to keep and bear arms and treat gun owners like criminals who must prove their innocence.
The organization says it urges Congress to defund and dismantle the NICS system, and that exemption schemes prove the system is an infringement on gun owners’ rights.
The ATF Says
Prior to transferring a firearm utilizing the exception in § 922(t)(3)(A), an FFL must ensure the following:
1. the permit is valid and unexpired;
2. the permit was issued not more than five years earlier by the state in which the transfer is to take place;
3. the laws of the state provide that such permit
was to be issued only after the state conducted a background check in accordance with the Brady law.
Please note: Permits issued more than five years before the date of transfer may not be used, even if those permits remain valid and unexpired under state law.
Category: News & Alerts
