SABT 2 A History of FA and Regulations 08-29 Flashcards
2
-1791 congress passed
A well Regulated Militia, Being necessary to the security of a free state, the right of the people to keep and bear arms, shell not be infringed.
-Over the yrs statutory restrictions enacted which legally limited the right
-Courts decided we cannot say that the —–amendment guarantees the right to keep and bear such arms
-Second Amendment
1
-State ATF mission in enforcing the federal FA laws of the US
1- To curb the illegal traffic in and criminal use of FA and
2 To assist Federal, State and local law enforcement agencies in reducing violent crime.
- Can you mail a FA through US Postal service
- what Act prohibited it
-NO
National FA Control Act of 1927
NFA Enacted in what year
1934- to regulate gangster type weapons, regulated through tax laws with Internal Revenue Service, in order to have a machine gun, silencer , or sawed off shotgun, must be registered.
-based on congress authority to tax
NFA statue of limitation= on tax cases title 26
most under Fed law =
3 years
5years
- unlawful to possess, receive, transfer,or make an NFA FA
- Unless tax paid and FA registered with ATF
- Penalties for violations
- Up to 10 years imprisonment and 10,000 fine
-NFA National FA Act
what statue prohibits FFL from selling handguns or handgun ammo to those under 21
18 USC 922(b)(1)
Five categories of FA must be registered and are taxed
1 machine guns 2 sawed off and short barrel riffles 3 sawed off and short barrel shotguns 4 Silencers 5 other concealable FA other than pistol, revolvers, and sporting shotguns (any other weapon)
What imposed record keeping requirements on FFL dealers
- Required licensing of dealers who engaged in interstate commerce
- prohibited certain persons(convicted of violent felonies, fugitives from justice) from participating in commerce in FA (owning or receiving)
Federal FA Act of 1938
- unlawful to possess, receive, transfer,or make an NFA FA
- Unless tax paid and FA registered with ATF
- Penalties for violations
- Up to 10 years imprisonment and 10,000 fine
NFA
Gun Control Act 1968
Interstate controls and Prohibited person are found in what
Title I (18 USC Chapter 44)
what prohibit all commercial transactions and shipment of FA and ammunition in interstate and foreign commerce between persons who are not Fed FA licensees
interstate control
Made it unlawful for any person to ship transport, or receive any FA or ammo in interstate or foreign commerce if he is one of nine categorie prohibited category of individuals
Prohibited persons
Provides that no person shall engage in business of manufacturing, dealing or importing FA or ammo unless he has reeived a ——-to do so from the Attorney General
Licensing