SABT 2 C Interstate Controls 08-29 Flashcards
The GCA was enacted in 1968 with one of its goals being to channel interstate and foreign commerce in FA through licensed importers, manufactures and dealers
- the weapon that killed MLK jr. was a rifle ordered thru the mail in violation of state law
- includes District of Columbia and the Commonwealth of Puerto Rico and the seven possession of the US 18 USC 921 a 2
Interstate Controls
1 what is commerce between any place in a state and any place outside of that state. Also includes commerce within any possession of the US. Does not include commerce between places within the same state
Interstate Commerce
18 USC 921(A)(2) Definition
- Is commerce between any place in a state and any place outside of the state (with one exception)
- or to from any possession of the US or the District of Columbia or Puerto Rico
-Exception riding on a road and go from Tennessee to GA and back to Tennessee while traveling the same direction
interstate Commerce
2 Determine the State of residence for military personal, Residence for military, aliens, college students
- State in which the person permanent duty station is located 18 USC 921 b,
- If the soldier lives in state A and daily commute to state B= resides in both states
- College students who moves seasonally, are residents of the state where they are present and intending to reside (resident shifts)
- Alien who legally in the US is considered a resident of a state they are residing in
3 Explain the method by which licensees may lawfully make interstate transfers of FA
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What licensees (FFLS) can do (Gov employees are exempt from GCA)
- Ship to transport FA to other licensees anywhere
- Transfer to nonlicensees who reside in same state as licensee
- sell Long guns over the counter to nonresidents so long as lawful in both states and done face to face
- return or replace FA to nonresidents (repair Transaction)
- Loan or rent (temporary use) FA for lawful sporting purpose to nonresidents (18 USC 922(b)(3)(b)
- Allow redemption of pawned FA to non residents
- may sell to out of state resident LEO for official use (so long as no Misd Crime of Domestic Violence
- sell at gun shows (in same state as license, but nowhere else other than their premises)
What non licensees can do
- No Fed prohibition on interstate shipment of any FA (handgun or Long gun) from a non licensee to a licensee for lawful repair
- nonlicense can send a FA to a licensee in another state, does not have to use a dealer in his state to ship the FA (18 USC 922 a 2 A
- May buy and sell FA in his state of residence from license or non license in his state of residence
- Can ship FA to no licensees who reside with in that state
- may transport his personal FA to other states in compliance with state and local law 18 USC 926A
- may not receive a FA from or deliver a FA to a nonlicensee who reside in a another state.
- cant transport into his state a FA acquired for a non licensee outside of his state 18 USC 922 a 3 and a 5
Interstate Shipments via common carrier
- UPS and FedEX are commonly used for commercial shipments of FA and ammo
- unlawful for any unlicensed person to knowingly to deliver common or contract carrier for transport of shipment in interstate or foreign commerce to person other than licensees any package containing a FA or ammo WO written notice to the carrier that those items are being shipped. 18 USC 922 e
- Handguns not mailable thru US Postal Service (long guns ok)
4 Explain how non-licensees may lawfully acquire FA outside of their State of residence
-may transport FA to or through other states (so long is in compliance with state Law where travel ends)
How to show interstate Commerce
Active Commerce- Movement show defendant actually transferred or transported FA across state lines.
-Passive Commerce- Movement-show that FA have crossed state line sometime in its history
5 Explain methods by which nonlicensees may lawfully ship or tranport FA in interstate commerce to licensees and nonlicensees
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What is a person State of Residence
27 CFR 478.11 amended 4-21-97
Requires presence in the state with the intent of making a home in that state.
-Businesses are considered residents of the states in which they conduct business.
-Military members are residents of the state of their permanent duty stations (unless they live close by in another stated, then both)
18 USC 921 (b)
FEDERAL FA licensees may
- sell FA to out of state resident law enforcement officers for official use (so long as no misdemeanor crime of domestic violence)
- This is BC GOV entities are generally exempt from the GCA
- May sell handguns to people at least 21 yrs old
- Sell long guns to those 18yrs old
- Same age requirement for ammunition
- states can have more restrictive rules
who cannot buy, receive or sell, or possess ammunition
Prohibited Person
