FFL Flashcards
ATF Mission in GC law
a) curb illegal trafficking
b) assist Fed, state, local LEO to reduce violent crime
1791
First 10 Amendments ratified
United States v. Miller
1939
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
US v. Heller
First time Court ruled on an individuals rights
So restrictive, it violated 2nd amendment
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.
National Firearms Control Act of 1927
Prohibited shipment of concealable firearms
Nat’l Firearms Act of 1934
Based on Congress’s authority to tax.
Targeted gangsters alcohol, MG and other weapons
McDonald v. City of Chicago
2010
right to keep and bear arms applicable for self-defense
5 categories of firearms initially required be registered and taxed
MG Sawed off shotgun/SBS Sawed off rifle/ SBR Silencers Other concealable firearms
Fed Firearms Act of 1938
Imposed record keeping on dealers
Required licensing of dealers in interstate commerce
Prohibited certain persons (felons, fugitives) from owning or receiving firearms
Title 18 GCA
Interstate Control Prohibited Persons Licensing Recordkeeping Importation
Lautenberg Amdmt 1996
Added 9th category prohibited person: Misdemeanor of DV
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:
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
Mens Rea
Found 18 U.S.C. Section 924
Intent Element (Knowingly or willfully)
GCA effectively controlled firearms traffic within a state by:
Channeling interstate/foreign commerce through licensing. It prohibited commercial mail-order traffic to unlicensed persons.
Interstate Commerce
Applies to Firearms and Ammo
Commerce between any place in a state and any place outside that state
Active Commerce
Passive Commerce
1) Person moved the firearm across state lines
2) Firearm crossed a state line sometime in history (i.e. anytime after it was made)
Licensee’s Lawful and Unlawful Acts
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.
Carriers used to ship firearms and ammo
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)
Non-Licensee (individuals) may not:
In relation to interstate controls (Legal)
Transfer or receive a firearm to/from someone who resides in a different state
Non-Licensee (individuals) may:
In relation to interstate controls (Legal)
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
ATF Access to FFL Records
18 U.S.C. 923 (Licensing)
Without warrant pursuant to 18USC923
Criminal search warrant
Reasonable cause warrant (Lesser standard of evidence than probable cause)
Hearsay
Admissible in reasonable cause affidavit
Information that comes from source other than affiant
18 U.S.C. 923 (g)(1)(A)
Reasonable Cause Warrant
Not a criminal search warrant
Gives authority during business hours to inspect or examine document and firearms/ammo kept/stored at the premises
Section 923 (g)(1)(B)
No reasonable / probable cause or warrant requirement for entry
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
Principles common to all 923(g) entries
Forcible entry not permitted
During admin / criminal search warrant, tracing firearms, & investigating person other than FFL, not counted against 1 year compliance inspection restriction
What is licensee responsibility to respond to a request to trace firearm?
Licensee must provide info immediately and no later than 24 hours
Firearms Disabilities: Prohibited People
18 U.S.C. 922
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
Relief from Disabilities
18 U.S.C. 925
1992, Congressional appropriation ban on granting relief for individuals. Only Corporations who file for relief will have their application reviewed and considered.
Qualification for Licensing
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
Suspension Periods & Fine Amounts
NICS: Max 6 months suspension $5,000 fine
Secure Gun Storage / Safety Device: Max 6 months suspension $2,500 fine
Considered “transfer” for NICS purposes
Pawn Redemptions
Consignment sales/returns
Basically, if transaction requires Form 4473
Trafficking by Non-Licensee
Most common type of trafficking
Straw Purchases, Unlicensed individuals acting as dealers (online, gun show, etc)
Trafficking by Licensee
Trafficking done by FFL being inspected, another FFL, employee of FFL
Straw Purchase
Acquisition from FFL by individual done for purpose of concealing the ID of the true intended receiver of the firearm
IOI Role in regulating firearms industry
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
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)
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
How long retain completed 4473?
20 years
Trafficking
Illegal diversion out of lawful commerce into hands of criminals & juveniles for the 3:
Profit
Prestige
Power
Profit
Prestige
Power
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
Diversion
Movement of firearms from legal into illegal realm thru illegal method or for illegal purpose
Diversion examples
Trafficking Stolen firearms (rob FFL or home) Illegal NFA weapons transfers Straw Purchase Unlicensed transactions Unrecorded & misrecorded by FFL Questionable/dishonest FFL Structured purchases
Source Area
Area where traffickers easily access firearms to acquire/transport to other areas for unlawful resale & transfer to criminal element/prohibit person/juveniles
Market Area
Area where firearms are acquired in a source area are unlawfully marketed and or transferred to criminal element
Time to Crime: Measured in Days
Time to Sale: Measured in Days
1) 1st retail sale until it is recovered in a crime
2) Between retail sellers’ receipts & sale of weapon
Firearms Trafficking Interdiction Objective
Deny criminal access to firearms & reduce armed violent crime levels
Off book
Failure to record receipt and disposition of trafficked firearms
Dummy Out
Method of keeping records: receipts properly recorded but licensee falsifies disposition
