The Bureau of Alcohol, Tobacco, Firearms and Explosive (ATF) has issued a letter allowing South Dakota gun owners who hold a Gold Card Concealed Carry Permit or an Enhanced Concealed Carry Permit issued after 2016 to buy firearms without going through The National Instant Criminal Background Check System (NICS). South Dakota residents that hold a South Dakota Regular Concealed Carry Permit issued after June of 2018 can also skip being run through NICS…

The Brady Law requires that FFLs run buyer’s information through NICS. The law does have an exception for concealed carry permit holders from states that meet or exceed the Brady Law requirements. These gun owners can purchase a gun from an FFL without going through the FBI background check system. The states that qualify for the exception must run the background check on the permit holder at the time the jurisdiction issues the permit to the gun owner. The permit has to be issued by the state within the past five years.

In recent years the ATF has pushed back against states allowing their citizens to use concealed carry permits instead of the FFL having to submit the buyer’s information to NICS.

Gun Owners of America (GOA) launched multiple lawsuits in states like Michigan and Alabama against the ATF for revoking those state’s exceptions to NICS. Both state’s concealed carry permits meet all requirements for an exception under federal law and require the holder to be subjected to NICS at the time of permit issuance…

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