Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Firearms Block 4 > FFL > Flashcards

FFL Flashcards

1
Q

ATF Mission in GC law

A

a) curb illegal trafficking

b) assist Fed, state, local LEO to reduce violent crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

1791

A

First 10 Amendments ratified

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

United States v. Miller

1939

A

1st guidelines interpreting 2nd amdmt. NFA rejected argument violated 2nd by requiring registration of firearms in transporting unregistered sawed-off shotguns in interstate commerce. Court ruled no violation since the COLLECTIVE Right of 2nd not violated

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

US v. Heller

First time Court ruled on an individuals rights
So restrictive, it violated 2nd amendment

A

DC law banned all handgun possession and required all firearms in home be unloaded, disassembled or bound by locking device.
Court struck down law as INDIVIDUAL rights of citizens violated.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

National Firearms Control Act of 1927

A

Prohibited shipment of concealable firearms

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Nat’l Firearms Act of 1934

A

Based on Congress’s authority to tax.

Targeted gangsters alcohol, MG and other weapons

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

McDonald v. City of Chicago

2010

A

right to keep and bear arms applicable for self-defense

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

5 categories of firearms initially required be registered and taxed

A 
MG
Sawed off shotgun/SBS
Sawed off rifle/ SBR
Silencers
Other concealable firearms
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Fed Firearms Act of 1938

A

Imposed record keeping on dealers
Required licensing of dealers in interstate commerce
Prohibited certain persons (felons, fugitives) from owning or receiving firearms

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Title 18 GCA

A 
Interstate Control
Prohibited Persons
Licensing
Recordkeeping
Importation
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Lautenberg Amdmt 1996

A

Added 9th category prohibited person: Misdemeanor of DV

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q 
18 U.S.C.
921: 
922: 
  (g)(1)               ---(g)(4)
  (g)(2)              ---(g)(5)
  (g)(3)              ---(g)(6) 
  (g)(8)              ---(g)(9)     
923: 
924: 
925:
A

921: Definitions
922: Unlawful Acts/Crimes
- —–“Section (g) Prohibited Person”—-
(g) (1) Felons –(g)(4) Mental Defective
(g) (2) Fugitives –(g)(5) Aliens
(g) (3) Drug Users –(g)(6) Dishonorable Dx
(g) (8) Restraining order –(g)(9) Misdemeanor DV
923: Licensing
924: Penalties: Mens Rea
925: Exceptions/ Relief from Disabilities

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Mens Rea

Found 18 U.S.C. Section 924

A

Intent Element (Knowingly or willfully)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

GCA effectively controlled firearms traffic within a state by:

A

Channeling interstate/foreign commerce through licensing. It prohibited commercial mail-order traffic to unlicensed persons.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Interstate Commerce

Applies to Firearms and Ammo

A

Commerce between any place in a state and any place outside that state

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Active Commerce

Passive Commerce

A

1) Person moved the firearm across state lines

2) Firearm crossed a state line sometime in history (i.e. anytime after it was made)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Licensee’s Lawful and Unlawful Acts

A

Lawful: FFL can ship, transport firearm in interstate commerce to another licensee

Unlawful: FFL cannot sell or deliver firearm directly to non-licensee not residing in licensee’s state of residence.
Exception: Long gun can be sold to non-resident if transaction is over-the-counter and state law compliant.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Carriers used to ship firearms and ammo

A

FedEx and UPS
USPS has criminal statute that prohibits mailing of handguns by individuals (Exceptions for FFLs OR if it’s shotgun/rifle and recipient is resident of the same state)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Non-Licensee (individuals) may not:

In relation to interstate controls (Legal)

A

Transfer or receive a firearm to/from someone who resides in a different state

20
Q

Non-Licensee (individuals) may:

In relation to interstate controls (Legal)

A

Ship or transport firearm to self in another state for lawful purpose (hunting)
Ship firearm to another resident in same state
Buy/sell from licensee in state of residence
Ship firearm out of state for repair

21
Q

ATF Access to FFL Records

18 U.S.C. 923 (Licensing)

A

Without warrant pursuant to 18USC923
Criminal search warrant
Reasonable cause warrant (Lesser standard of evidence than probable cause)

22
Q

Hearsay

A

Admissible in reasonable cause affidavit

Information that comes from source other than affiant

23
Q

18 U.S.C. 923 (g)(1)(A)
Reasonable Cause Warrant
Not a criminal search warrant

A

Gives authority during business hours to inspect or examine document and firearms/ammo kept/stored at the premises

24
Q

Section 923 (g)(1)(B)

No reasonable / probable cause or warrant requirement for entry

A

Provides for entry, inspection, examination:

  • in the course of a reasonable criminal investigation of person other than licensee
  • ensuring compliance of GCA once during 12-month period
  • In determining disposition of bona fide criminal investigation
25
Q

Principles common to all 923(g) entries

A

Forcible entry not permitted
During admin / criminal search warrant, tracing firearms, & investigating person other than FFL, not counted against 1 year compliance inspection restriction

26
Q

What is licensee responsibility to respond to a request to trace firearm?

A

Licensee must provide info immediately and no later than 24 hours

27
Q

Firearms Disabilities: Prohibited People

18 U.S.C. 922

A

Convicted for crime punishable by imprisonment for over 1 year
Under indictment of crime punishable over 1 year
Renouncement
Dishonorable
Misdemeanor of DV
Controlled substances
Aliens or those admitted to US in non-immigrant visa status (visiting from Italy: can get around this by getting hunting license)
Adjudicated mental defective or involuntarily committed
Fugitive
Domestic Restraining orders for intimate partners only

28
Q

Relief from Disabilities

18 U.S.C. 925

A

1992, Congressional appropriation ban on granting relief for individuals. Only Corporations who file for relief will have their application reviewed and considered.

29
Q

Qualification for Licensing

A

Over 21
No willful violation of GCA
Not prohibited from transporting, shipping, receiving firearms or ammo in interstate/foreign commerce
No willfully omitted info in application
Has premises
Business not prohibited under state/local law
Dealer must certify secure storage or safety device available firearms are sold to non-licensee

30
Q

Suspension Periods & Fine Amounts

A

NICS: Max 6 months suspension $5,000 fine

Secure Gun Storage / Safety Device: Max 6 months suspension $2,500 fine

31
Q

Considered “transfer” for NICS purposes

A

Pawn Redemptions
Consignment sales/returns
Basically, if transaction requires Form 4473

32
Q

Trafficking by Non-Licensee

A

Most common type of trafficking

Straw Purchases, Unlicensed individuals acting as dealers (online, gun show, etc)

33
Q

Trafficking by Licensee

A

Trafficking done by FFL being inspected, another FFL, employee of FFL

34
Q

Straw Purchase

A

Acquisition from FFL by individual done for purpose of concealing the ID of the true intended receiver of the firearm

35
Q

IOI Role in regulating firearms industry

A

1) Conduct qualification inspections
2) Ensure industry members aren’t prohibited
3) Assist members in Fed regs & laws
4) Inspection compliance
5) Pursue/recommend adverse actions
6) Assist member to achieve compliance
7) ID patterns of illegal activity
8) Refer tax liability related questions to Alcohol & Tobacco Tax & Trade Bureau

36
Q

FFL Types
1 (purchase & sell, occasional imports)
2 (purchase & sell, occasional imports, pawn)
3 (can acquire: cannot deal)
6 (cannot manu firearms-No records needed)
7 (can do everything 1 & 6 do)
8 (cannot make ammo)
9 (require SOT; not limited to NFA: Can do GCA)
10 (require SOT: NFA & GCA)
11 (require SOT: NFA & GCA)

A

01: Dealer including Gunsmith (repairing “engaged in business” must be licensed unless repair is occasional)
02: Pawnbroker
03: Curios & Relics
06: Manu Ammo
07: Manu Firearms (not including destructive devices)
08: Importer Firearms (not destructive devices)
09: Dealer Destructive Devices
10: Manu Destructive Device or Armor Piercing Ammo
11: Importer Destructive Device & Armor Piercing Ammo

37
Q

How long retain completed 4473?

A

20 years

38
Q

Trafficking

A

Illegal diversion out of lawful commerce into hands of criminals & juveniles for the 3:
Profit
Prestige
Power

39
Q

Profit
Prestige
Power

A

Profit: Direct (guns for $$) or Indirect (Needed to protect drug op)
Prestige: The person with gun has command and supremacy
Power: Gives greater power; means to forcibly hasten criminal works

40
Q

Diversion

A

Movement of firearms from legal into illegal realm thru illegal method or for illegal purpose

41
Q

Diversion examples

A 
Trafficking
Stolen firearms (rob FFL or home)
Illegal NFA weapons transfers
Straw Purchase
Unlicensed transactions
Unrecorded & misrecorded by FFL
Questionable/dishonest FFL
Structured purchases
42
Q

Source Area

A

Area where traffickers easily access firearms to acquire/transport to other areas for unlawful resale & transfer to criminal element/prohibit person/juveniles

43
Q

Market Area

A

Area where firearms are acquired in a source area are unlawfully marketed and or transferred to criminal element

44
Q

Time to Crime: Measured in Days

Time to Sale: Measured in Days

A

1) 1st retail sale until it is recovered in a crime

2) Between retail sellers’ receipts & sale of weapon

45
Q

Firearms Trafficking Interdiction Objective

A

Deny criminal access to firearms & reduce armed violent crime levels

46
Q

Off book

A

Failure to record receipt and disposition of trafficked firearms

47
Q

Dummy Out

A

Method of keeping records: receipts properly recorded but licensee falsifies disposition

Firearms Block 4 (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions