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13 permits issued after november 30 1998 qualify as

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Unformatted text preview: (2) after an authorized government official has conducted a background investigation to verify that possession of a firearm would not be unlawful.13 Permits issued after November 30, 1998 qualify as exempt only if the approval process included a NICS check.14 This exemption could allow some prohibited persons to acquire firearms, in cases where a state permit holder falls into a prohibited category after issuance of the state permit. Under the federal exemption, no background check is required and the seller would have no way to learn that the prospective purchaser is prohibited from possessing firearms. SUMMARY OF STATE CCW LAWS Concealed Carry Prohibited Illinois Wisconsin15 720 Ill. Comp. Stat. 5/24-1(a)(10), 5/24-1(a)(4) Wis. Stat. § 941.23 12 18 U.S.C. § 926C(c). 18 U.S.C. § 922(t)(3); 27 C.F.R. § 478.102(d). 14 27 C.F.R. § 478.102(d). 15 The Wisconsin Supreme Court has held that the state constitutional right to “keep and bear arms” for personal security under Art. I, § 25 of the Wisconsin Constitution, when exercised within an individual’s own home or place of business, and supported by a factual determination that the individual had no unlawful purpose behind 13 205 © Legal Community Against Violence 2008 Concealed Carry Allowed Most states allow the carrying of concealed weapons by persons who obtain a permit. States that issue CCW permits are generally categorized as either “shall issue” or “may issue” states. In “shall issue” states, law enforcement officials are required to issue a permit to anyone who meets certain minimal statutory requirements (e.g., that the person is not a convicted felon or mentally incompetent). Once a permit has been issued, the permit holder is allowed to carry a loaded, concealed firearm in public places, although a number of states prohibit concealed weapons in government buildings and other specified locations. “May issue” states give discretion to the issuing official to grant or deny the permit, based on various statutory factors. Only two states allow the carrying of concealed wea...
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