exam 1 Flashcards
What amendment gave people the right to bear arms?
2nd amendment
is the 2nd amendment an unlimited right?
nope
what year was the Gun Control Act (GCA) passed?
1968
What is the ATF’s Mission in enforcing gun control laws in the US?
- to curb the illegal trafficking and criminal use of firearms
- to assist Federal, state and local law enforcement agencies in reducing violent crime
The purpose of which title was to provide support to Federal, state and local law enforcement officials in their fight against crime and violence, and not to place any unnecessary Federal restrictions or burdens on law abiding citizens ?
GCA 1968
Firearm owner’s protection act (FOPA) prohibits the transfer and possession of machineguns manufactured after what date?
May 19th, 1986
What section of the GCA would you find Mens Rea or intent?
section 924
What section of the GCA would you find definitions ?
Section 921
what section of the GCA would you find penalties for GCA crimes?
section 924
what GCA section covers licensing?
section 923
what section of the GCA would you find firearm crimes and other unlawful acts?
section 922
What section of the GCA would you find exceptions?
section 925
If a FL resident visiting GA wants to purchase a firearm how can an FFL make the sale?
if the FFL ships the firearm to another FFL in GA
What is commerce between any place in a state and any place outside of that state, including commerce within any possession of the US or district of columbia?
Interstate commerce
What means the person actually moved the firearm across the state lines?
Active commerce
what means a firearm crossed a state line at some point during its history?
passive commerce
in order to “reside” in a state a person must be what?
present in that state and have the intention of making a home in that state
T or F? It is generally lawful for a licensee to sell or deliver a firearm directly to a non-licensee who does not reside in the licensee’s state of residence?
False
T or F? licensees can ship ammo to licensees or non-licensees in interstate commerce?
True
A person in the military is a resident of which state?
the state their permanent duty station is located
a person who resides in FL who is also a part-time student at the U of Tennessee during the school year is a resident of what state?
- FL during non school month
- TN during school months
a licensee gunsmith in TN receives a gun from person from FL who needs the firearm fixed and returned, what can the gunsmith do?
He can repair and mail the gun back due to it being an exception
can a non-licensee sell a firearm to another non-licensee who resides in their same state?
Yes, as long as they don’t believe the person is restricted
in order for a non-licensee to sell a firearm out of state what must they do?
ship it to an FFL in the state the purchaser resides in
T or F? a non-licensee can transfer firearms to other states lawfully?
True
can an individual be shipped firearms interstate by a non-licensee to carry out the bequest of that firearm?
yes, for example if they were inherited in a Will
T or F? a firearm can be loaned out to a non-licensee from another state for sporting purposes?
True
If you live in FL can you ship a firearm to a friend in Tampa?
Yes
If your grandpa from TN dies and leaves you firearms in his Will can the firearms be shipped to you in FL?
yes, under the bequest exemption
If a family member is visiting you in MI from FL to go skeet shooting can you loan them a firearm?
Yes
can long guns be sold to non-licensees from out of state?
yes, if the sale is done “over the counter”
In order to charge a Federal firearm violation what must be proved?
the gun or ammo at some point crossed state lines
what are the 4 types of antique ignition systems?
- Matchlock
- Wheel lock
- Flintlock
- Percussion cap
What company introduced the Model 1873 single action revolver that became popular in the settling of the American West?
Colt
In 1887 Winchester introduced the first successful repeating what?
shotgun, it was lever action
When was the first successful machine gun created?
1880s
what is defined as any weapon which will or is designed to or may be readily converted to expel a projectile by the action of an explosion?
Firearms
T or F? the GCA definition of a firearm includes frames. receivers, mufflers/silencers and destructive devises?
True
What is a firearm with a short stock and is designed to be held and fired by the use of one hand?
Handguns
Antique firearms were manufactured in or before what year?
1898
what type of handgun has a chamber as an integral part of, or aligned with the bore, as well as a short stock designed to be gripped by one hand and at an angle to and extending below the line of the bore?
Pistol
What handgun has a cylinder where rounds are chambered?
Revolver
What is a shotgun?
a long gun that was designed or intended to be fired from the shoulder, with a smooth bore
What is a long gun?
a shoulder fired weapon
What is a rifle?
a weapon designed and intended to be fired from the shoulder to fire a single round through a rifled bore with each pull of the trigger
If a firearm was built yesterday but it utilized one of the 4 antique ignition system is it considered a firearm?
No
Under GCA Is a weapon made in 2020 that is a replica of a firearm made prior to 1899, and has readily available ammo commercially made ammo considered a firearm? What if ammo is not readily available?
Yes, no
If a replica is built in 2020 of a gun built in 1910 but ammo for the firearm is not readily available is it still considered a firearm?
Yes, because the original firearm was made after 1898
If a firearm made in 1889 and the barrel is converted to shoot 9mm ammo (readily available) is it considered a firearm?
No
What method of firing uses a firing pin held under tension until it is released by the sear to discharge the firearm?
Striker Fire
what method of firing uses the hammer falling forward striking the rear of the firing pin to discharge the weapon?
Hammer Fire
what part retains the firing mechanism (hammer or striker) in the cocked position until the trigger is pulled?
Sear
what type of safety is external and must be engaged and disengaged by the shooter?
Active safety
what are the 5 types of active safeties?
- Thumb
- Cross bolt
- Grip
- Wing
- Tang
what type of safety is internal and is placed or “on” until the trigger is pulled?
Passive safety
what are the 3 types of passive safeties?
- Firing pin block
- Transfer bar
- Hammer block
what type of ammo must be used when test firing a weapon?
Commercially made ammo
is test firing a firearm using a primed cartridge case (without the bullet) in order to determine the firearm is functional sufficient for NIBN purposes?
No
What types of firearms should not be test fired?
- any firearm that has been alter, converted, or which the agent thinks is unsafe
- machine guns and silencers
Who test fires machine guns and silencers?
FATD
what are the 8 cycles of fire?
- Feeding
- Chambering
- Locking
- Firing
- Unlocking
- Extraction
- Ejection
- Cocking
What type of pistol/revolver has a mechanism that requires the hammer to be manually pulled to the rear by the shooter?
Single action
pistols/revolvers that have a mechanism in which pulling the trigger will cock and release the hammer for firing?
Double action
pistols/revolvers that have a mechanism where pulling the trigger cocks and releases the hammer but there is no provision for single action operation?
Double action only
5 examples of manually operated long guns?
- Pump/slide
- Lever
- Bolt
- Break open
- Revolving (streetsweeper)
What are 2 categories of auto-loading (self-loading) firearms?
- Semi-automatic
2. Fully automatic
What markings are required to be placed on a firearm by the Licensed Manufacturer?
- Serial Number
- Manufacturer’s name, city and state
- caliber or gauge
- Model (if designated)
T or F? Manufacturer’s can duplicate serial numbers?
False
What markings are required to be marked by licensed Importers if not already by foreign manufacturers ?
- Serial Number
- Manufacturer’s name and country of origin
- Caliber or gauge
- Model (if designated)
- Importer’s name, city and state
What are markings stamp on a firearm to indicate that the firearm has passed a safety test through the test firing of proof ammunition?
Proof marks
Who may authorize other means of identification of the licensed manufacturer or licensed importer ?
ATF director
Who grants variance?
Firearms and Ammunition Technology Division (FATD)
On what date did the ATF make a ruling that prohibited the use of foreign characters in any serial number on a gun imported into the US ?
11/05/2002
What is defined as cartridge cases, primers, bullets or propellant powder designed for use in a frearm?
Ammunition
what is not considered ammunition?
- unloaded, nonmetallic shotgun hulls without a primer
- shotgun shot or pellets
- Cartridges for industrial tools
- projectiles for antique firearms
2 types of primers
- Rimfire
2. Centerfire
what is the marking stamped on the base (head) of the cartridge casing?
Headstamp
what tool is used to make headstamps?
Bunter
What is caliber?
an approximate measurement of the diameter of the bore or the diameter of the projectile
what ammo is the same as 9x19?
9mm luger, 9mm parabellum, 9mm NATO
What ammo is the same as 9x17?
.380ACP, 9mm Kurz, 9mm corto, .380 auto
What ammo is the same as 5.56x45?
.223 Remington
What is gauge?
the number of lead balls equal to the diameter of a given bore that can be made from 1lb of lead
what shotgun ammo is an exception and is listed in caliber not gauge?
.410
What ammo cannot be used for test fire?
Ammo that is color-coded
What is proof ammunition?
ammo loaded to higher pressures than normal ammunition
Is possession of armor piercing ammunition by non-prohibited individuals a crime under federal law?
No
what is a projectile or projectile core, which may be used in a handgun and constructed entirely from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper or depleted uranium or a full-jacketed projectile larger than .22 caliber whose jacket weighs more than 25% of the total weight of the projectile?
Armor Piercing Ammunition
What are homemade firearms, also called 80%ers, “ghost guns”, unfinished receivers etc.?
Privately Made Firearms (PMF)
Can non-licensees make a firearm for themselves as long as other factors don’t preclude them from lawfully possessing a firearm?
Yes
Are non licensees required to place any markings on firearms they manufacturer?
No
Can non-licensees sell their PMF for a profit?
No
What is the process in which molten medal is poured into a mold to create a desired part?
Casting
What is the process in which a heated bar of metal is formed into the shape of the desired part with multi-ton hammer and a set of dies?
Forging
What are characteristics of AR style forging/castings that make them a firearm?
- Machining in the hammer/trigger recess or fire control cavity
- Holes for the selector, hammer and trigger pins
- Dimples or index holes for the hammer, trigger or selector
What is a piece of sheet metal that has been made to the exact dimension of a firearm, like a receiver, but has not been formed into the final shape?
an AK style Flat
What is a flat that has been bent into the final shape of an AK receiver?
Channel
What are characteristics of a AK style flat/channel classified as a firearm?
- A folded receiver with holes drilled in the side of the receiver for the trigger pin, hammer pin, selector lever and receiver support cross pin
- An unfolded receiver that has laser cuts that allow the sides of the receiver to be folded by hand without the use of special tools
What are the requirements for a firearm to be a curio or relic?
- Manufactured 50 yrs prior to the current date
or - Certified by a curator of a municipal, state or Federal museum which exhibits firearms to be curios or relics of museum interest
or - Any other firearms determined to derive from a substantial part of their monetary value from the fact they are novel, rare, or have association with a historical figure, period or event
Are firearms classified as curios or relics still considered firearms by the GCA?
Yes
Can a licensed collector acquire non curio relics or firearms with a curio or relic license?
No
Can curio and relic licenses be used to deal in firearms ?
No they can only be used to enhance personal collections
Who can import military surplus?
only a licensed importer
Who determines if a firearm is a curio or relic?
FATD
Who provides expert technical support related to firearms and ammunition for the Bureau , the firearms and ammunition industry, the general public and other Federal, state, local and foreign LE angencies?
FATD
Who is responsible for the technical evaluation of firearms to determine if they meet the requirements for importation?
FATD
what other services does FATD provide?
- assistance during search warrants
- assistance in determining interstate commerce of a firearms of ammunition
- testing and procurement of Bureau issued weapons
- armorer services for Bureau issued firearms
What act was passed in 1986 with an effective date of May, 19th, 1896?
The Firearms Owner Protection Act (FOPA)
What did FOPA prohibited?
the manufacturing of machineguns for transfer to individuals
What is any weapons that shoots, or is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger?
Machineguns
Is a frame or receiver considered to be a machinegun under NFA?
Yes
Are parts designed and intended solely and exclusively for the use in converting a weapon into a machinegun defined as machineguns under NFA?
Yes
What is a short barreled shotgun?
a shotgun having a barrel or barrels of less than 18 inches in length
What is a weapon made from a shotgun?
- a shotgun no longer designed to be fired from the shoulder
- modified to have an overall length of less than 26 inches OR barrels less than 18 inches
What is a short barreled rifle?
a rifle having a barrel or barrels less than 16 inches in length
What is a weapon made from a rifle?
- a rifle no longer intended to be fired from the shoulder
2. modified to have an overall length of less than 26 inches or barrels less than 16 inches
What is a silencer ?
- any device for silencing, muffling or diminishing the report of a portable firearm
- any part intended for use in such assembly or fabrication
Who makes the technical determination of what is a silencer?
FATD
What is any explosive, incendiary, poison gas, bomb, grenade, rocket having a propellant charge of more than four ounces, missile having and explosive or incendiary charge of more than one-quarter ounce, mine?
a Destructive device
What is any type of weapon (other than a shotgun or shotgun shell) which may be readily converted to expel, a projectile by the action of an explosive or other propellent which has a barrel with a bore of more than 1/2” in diameter?
Destructive Device
T or F? Destructive Devices are included in both the GCA and NFA?
True
What are some exceptions of destructive devices?
- a device not designed for use as a weapon such as sporting shotguns and shells
- devices used for pyrotechnics
- antiques
- any weapons the Attorney General finds not likely to be used as a weapon
what is considered to be Any Other Weapon (AOW)?
- a weapon or device capable of being concealed on the person
- Includes pistols or revolvers with smooth bore designed or redesigned to fire a fixed shotgun shell
- firearms having a combination of rifle and shotgun barrels that are at least 12 inches but less than 18inches
T or F? Any Other Weapon includes pistols or revolvers with rifled bores?
False
How much was the transfer tax change to and when?
$5.00, 1954
are firearms not designed or redesigned for using rimfire or conventional centerfire ignition with fixed ammunition and manufactoruered in or before 1898 (including antique ignition systems) subject to the NFA?
no, they’re antiques
How is barrel length measured?
from the closed bolt (or breech face) to the furthermost end of the barrel or permanently attached muzzle device
How is overall length of a firearm measured?
the distance between the muzzle of the barrel and the rearmost portion of the weapon on a line parallel to the axis of the bore
What is a closed bolt system?
a system when the bolt is closed with the cartridge seated in the chamber immediately ahead of it
what is an open bolt system?
a system wherein the bolt is held to the rear by a sear
Are NFA firearms made by a non-licensee (maker) required to be registered by serial number?
Yes
In order for an individual to manufacture an NFA firearm they must do what?
- submitt an application to Make and Register the firearm (Form 1)
- a tax payment of $200.00
What is the central registry of all the NFA firearms in the US which are not in control by the US government?
The National Firearms Registration and Transfer Record (NFRTR)
what are the requirement markings for all NFA weapons?
- Serial number on frame or receiver, or outer tube of the silencer
- manufacturers or makers name
- caliber
- model (if designated)
- the city and state of manufacture
What are the marking requirements for a foreign made NFA?
- Serial number on frame, receiver or outer tube of silencer
- importers name, city and state
- manufacturer and country it was made
- caliber or gauge
- Model (if designated)
Except for machineguns and silencers, when the particular feature that causes a firearm to be regulated by the NFA is eliminated or modified does the resulting weapon still fall under the NFA?
No
What is modification to remove a weapon from the NFA?
removing the objectionable features from the firearm
3 ways to destroy a NFA weapon
- 3 vertical cuts through the receiver at specified locations with a torch, displacing at least 1/4” of material at each location
- crushed or melted
- alternate methods prescribed by FATD
What firearms Act was created in 1934 because of the proliferation of gangster violence and increased use of machineguns, silencers and sawed off shotguns?
National Firearms Act
what act was created due to high profile firearm related violence such as the assainations of JFK, RFK and MLK?
the Gun Control Act 1968
What amended the NFA to cure constitutional defect, only makers, manufacturers and importers of firearms could register an NFA firearm
Title II of the GCA 1968
what section of the GCA covers penalties?
Section 924
can a licensee allow the redemption of a pawned firearm to a non-resident?
yes
can individuals mail firearm’s through the US Postal service?
no, only FFLs
an alien who is legally in the US, but not admitted under a immigrant visa, is considered a resident of what state?
They are a resident of the state they are residing so long as the can provide government identification
rules for safely handing a firearm
- treat all weapons as if they’re loaded
- keep your finger off the trigger
- always point the muzzle in a safe direction
3 types of auto -loading firearm operating systems
- blowback
- gas operated
- recoil
what may proof marks indicate?
- Where the firearm was made
2. When the firearm was proof tested
Will all military firearms be marked in accordance with 27 CFR 478.92?
No, particularly foreign
What type of weapon were brand names most popular?
Shotguns
What term describes when a retail company contracts a firearms manufacturer in order to sell firearms marketed as their own?
Brand Name
What are the 5 types of cartridge cases?
- rimmed
- rimless
- semi-rimless
- belted
- rebated
What are 3 shapes a cartridge case may be?
- straight
- tapered
- bottleneck
What other ammo is 7.62x39
.30 russian short
what ammo is also 7.62x51
.308 Winchester
what ammo is also 7.62x63?
.30-06, .30-06 Springfield
what ammo is also 9x29R
.38 special
what does the -06 mean in .30-06
the year it was adopted by the US military
it is a violation of 922(r) if a semiautomatic rifle or shotgun is assembled with more that how many imported parts?
10
what law expired 10 days after it was enacted on September 13th, 1994
the Violent Crime Control and Law Enforcement Act of 1994 (VCCLE)
Are bump stocks considered a firearm under the NFA?
Yes
What may a field test give you an indication of ?
If the firearm is able to fire in full auto
What is the movement and distribution of a commodity from legal to illegal to avoid the payment of taxes, or the trafficking of tobacco products in avoidance of Federal, state or foreign taxes or in violation of Federal, state or foreign law?
Diversion
The Alcohol and Tobacco Tax and Trade Bureau (TTB) administers and enforces Chapter 52 of the Internal Revenue Code of 1986 by imposing what on tobacco products, cigarette papers and tubes?
an excise tax
What happens when a product comes into existence?
the excise tax “attaches”
How is excise tax paid?
bi-monthly to the TTB’s National revenue center
T or F? Tobacco product, cigarette papers and tubes that are exported must be taxed?
False
Under the CCTA how many cigarettes are needed for a violation?
10,001 +
Under the CCTA how many pouches/tins of chew are needed for a violation?
501+
If a car is used to illegally carry money during a tobacco deal can it be seized?
yes
Can CCTA be a predicate for Title III?
No
Which states do not require a tax stamp?
North Carolina
South Carolina
North Dakota
How many states impose a state excise tax?
All of them
What is claiming the cigarettes are for export in order to avoid taxes and the cigarettes either never leave the country or the shipment is turned around and returned to the US?
Grey Market
Who can possess unstamped Cigs? (5)
- Manufacture
- Foreign Trade Zone
- Common carrier with a proper bill of landing
- Wholesaler
- Gov’t Agent in course of their duties
What does PACT stand for?
Prevent All Cigarettes Trafficking Act
When is other tobacco products considered contraband?
When you can prove taxes have not been paid
What is making small carton purchases (Retail-manufacture limit) at several locations for pooling the purchases together?
Smurfing
What is FET currently?
$1.01 per pack
What document is required to transport cigarettes, that lists the name of who it is coming from , going to and the contents?
Bill of Landing (BOL)
What is the number one most counterfeited product?
Marlboro
What is the CCTA?
Contraband Cigarette Trafficking Act
What is the max sentence for violating the PACT
3 years
Who is required tp keep track of cigarettes that are sold, shipped, or distributed in excess of 10,000 cigarettes?
Any one who sells, ships or distributes them
Who may be exempt from certain State taxes and laws based on treaty rights, self-government matters and/or Congressional intent?
Native Americans
