SABT 2 D Conduct of Bus 09-02-14 Flashcards
1 (5)
Legal Lawful Aliens
-nonimmigrant visa status alien is not prohibited if admitted to US for lawful hunting or sporting or has a hunting license or permit
1 Id the Federal FA disabilities imposed by 18 USC 922(g)
## unlawful to possess, transfer or receive FA or ammo -Person convicted in any court of a crime punishable by imprisonment for a term exceeding one yr as defined in 18 USC 921(a)20) -Does not include Fed or state offenses relating to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses or state offenses of misdemeanors and punishable by imprisonment for 2 yrs or less. -Any Ct does not include convictions in Foreign cts nolo contender = conviction -will not count if pardon, expunged, or person has received a restored of Civil rights unless it provides that a person cannot ship, transport, possess or receive FAs -convicted in any court of crime punishable by imprisonment exceeding 1 yr, Fugitive from justice, Unlawful drug users or addicted to control substance, Persons adjudicated mental defective or committed to a mental institution, Aliens illegally or unlawfully in the US or those on nonimmigrant alien visa status, Dishonorable Discharge, Renunciation of citizenship, Domestic violence orders of restraint, Misd crime of domestic violence.
1(9)
Person Convi ted of Misd crimes of domestic violence
Look to State Law to see if conviction
- Applies to the Government Law Enforcement or Military
- The Lautenberg Amendment (1997) which can be applied retroactively
- Look to state law to see if conviction
- Expunged or Pardoned=Not prohibited
1(x)
Seimi Prohibited Person
Person under indictment or information for a crime punishable by imprisonment for a term exceeding 1 yr 18 USC Section 922(n)
- can not transport, ship or receive
- but may possess
- Penalty=5 years imprisonment
3 B
Licensing who needs a license
- Manufacturers
- Importers
- Dealers
- Collectors of Curios and relics
- If they are engaged in the business of importing manufacturing, or dealing in FA
2 Id the Gun Control Act provision which authorizes the granting of relief from Federal FA disabilities and explain the current restrictions for seeking such relief.
-Generally not ava to ind since 1992 as a result of appropriations ban on the use of ATF funds for this purpose
-US V Bean Supreme Ct decision = may not seek relief in Fed Ct
-ATF Form = no longer available
=In explosive Law relief ava
-Licensee who become disable 922(g) may file for relief within 30 days of the disability, licensee may continue operating while the application for relief is pending
-If fails to file within 30 days, the licensee shall not continue the business
1 Relief from disability exist, but aft inv, the person who received relief is not considered to be a risk to GCA
2 Procedure to follow is in 925(c)
3 In 1992 congress prohibited ATF from doing reliefs inv by not allowing ATF to use fund relief inv except as to corporations
4 ATF will not accept FA relief from from individuals
-when licensee file for relief, the app is not acted upon, licensee may continue to operate until his relief app is acted on or expires within 3 years, then may not be renewed
3 Explain the application of the Gun control Act to governmental entities.
-shall not apply with respect to the transportation, shipment, receipt, possession, or importation of any FA or ammunition imported for, sold or shipped to, or issued for the use of, the US or any dept or agency thereof of any state or any department, agency, or political subdivision thereof.
- the US and political subdivision are generally excluded from provisions of the GCA
- Exception is the application of the GCA provision relating to misd crimes of domestic violence to the states, and their political subdivisions
4 List types of FA licenses and describe the types of activities that require a person entity to obtain a license.
1 Dealer, or Pawnbroker in FA other than Destructive Devices (type 01/02)
2 Manufacturer of ammo for FA other than ammo for destructive devices or armor piercing ammo (Type 06)
3 Manufacturer of FA other than Destructive Devices (Type 07)
4 Importer of FA other than Destructive Devices or Ammo for FA other than Destructive Devices, or Ammo other than Armor piercing Ammo (Type 08)
5 Collector of Curio and Relics (03)
6 Dealer in Destructive Devices (Type 09)
7 Manufacturer of Destructive Devices, Ammo of Destructive Devices or Armor Piercing Ammo (Type 10)
8 Importer of Destructive Devices or Ammo for Destructive Devices or Armor Piercing Ammo (type 11)
5 ID the qualification for a Federal FA license.
- The applicant has not willfully failed to disclose any material information required, or has not made any false statement as to any material fact, in connection with his application
- Applicant is 21 yr of age or older
- unless part of corporation can be younger
- premises in a stated to conduct business from or where he intends to do business
- the license is not prohibited by the state
- dealer must certify that secure gun storage or safety device will be ava at any place where FA are sold under the license to people who are not licensed
11 ID those FA business liable to pay the special occupational tax
-Anyone wishing to deal in manufacture, or import title II Fa must
A- Be properly licensed as a Fed FA licensee
B- Have an Employer ID Number
C- Pay special occupational) tax required of those dealing in, manufacturing, or importing NFA FA
Curios or Relics
are of special interest to collectors by season of some quality other than is ass with FA intended for sporting use or as offensive or defensive weapons
- FA manufactured at least 0 years prior to the current date, but not including replicas
- FA that are certified by the curator of a municipal, state, or federal museum interest and
- any FA which derive a substantial part of their monetary value from the fact that they are novel raree, baiizarr.
12 List and explain the requirement to lawfully manufacture, sell. possess, and transfer NFA FA.
-Transferor must file a written application prior to the transforming the FA $200 transfer tax ($5 any other weapon) paid on most NFA weapons (Form 4)
- Exceptions of transfer tax
FFL to FFL if Both have paid SOT (Form 3)
-Transfers to GOV agencies (Form 5 and 10)
Establishing Willfulness for Revocation or Denial of a License Willfulness violations of 18 USC ch 44
requires the Gov to show that the person knew of his legal obligation and purposefully disregarded or was plainly indifferent to the laws requirements.
- Failure to comply alone does not provide sufficient proof of willfulness. (an exception might occur where the licensees violation are so extensive that it appears that there was little attempt at compliance with what he knew must be followed
- Diff from from the criminal willfulness standard, which requires showing the person knew what he was doing was wrong
- If file an app for removal os such disabilities shall not be bared from operation for 30 days following the date on which the applicant was 1st subject to such disabilities ( or 30 days after the date upon which the conviction for a crime punishable by prison exceeding 1yr becomes final
- if licensee file appli for relief within 30 days he may continue to operate during the pendency of the application (if dont file app within 30 days shall not continue license operation beyond 30 days of date of disabilities or 30 days from date the conviction for a crime punishable by exceeding 1 yr becomes final
- if no application within 30 days license automatically terminates (license center will mail an out of business letter)
6 ID the requirement of the Brady law.
-1993 Law become premanent in November 30, 1998, 18 USC 922 (t)
-Requires NICS Check prior to any transfers of any FA (handguns and long guns)
-will be a 3 business day waiting period if there is no instant approval of transfer
1-Pawn transactions and 2 consignment sale=require NICS
3-Repaired FA= No NICS
ALTERNATIVE = concealed permit no more that 5 yrs old by the state (after verified information)
-Licensee must retain a copy of permit attach to 4473, date of issuance and expiration date if provided from the permit
-NFA Branch will determine if transferee may lawfully possess weapon (dealer don’t have to do NICS check)
-Impractical to comply
Revocation Process also Denial Process FFL good for 3 yrs
Issuance of Notice of Revocation (or Denial)
- Hearing bf a hearing officer
- If decision is to revoke, final notice sent to licensee
- appeal is to FeD district court where the court may conduct a de novo judicial review (trail anew in US District Ct if Cts deem necessary)
- Plus Further appeals
- Operate aft notice and expirations license expire after 3 yrs
How to get a license FFL
Eligibility for Licensing
ATF form 7
- 21 yrs of age
- Cooperation no age required
- not violated the provision of the GCA ore regulations
- Applicant has not willfully failed to disclose material info required, or has not made any false statement as to any material fact, in connection with the app
- State premises from which to conduct business, or from where to do business
- Certified that the business is not prohibited by state law or local law and will comply with these laws within 30 days (aft approved), state and local laws are met, Notice has been sent to Chief LEO (sheriff, police chief) on intent to obtain an FFL.
- Appli has certified that secure gun storage or safety devices will be ava at any place where FA are sold to non licensees
Crimes- Engaging in business without a license 922(a)(1)(a)
it is unlawful to engage in the business of importing, manufacturing, or dealing in FA without a license
Brady-NICS
Proceed, denied, delayed response, and may proceed after the lapse of 3 business days on a delayed response
- NICS, operated by FBI, alternatives
- State PIC
- Permit (within 5 years by state approved by ATF)
- NFA (NFA Branch does this prior to transfer)
- Impractical to comply
- any NICS/Brady waiting period
- What about state waiting period
- Law Enforcement Officers Official, what do they need. letter singed by chief or sheriff and dont have misd crime of domestic violence
Acquisition and Disp Record (A &D Book)
1 Description of FA
2 Receipt info
3 Disp info
can keep electronic Ruling 2013-5
Timing of Entries
Dispositions= sale or transfer
Acquisitions Close of next business day unless commercial records contain all required info (then delayed 7 days -unless sold)
- Dispositions -seven days from transfer date
- Maintenance and retention requirements
- 20 years from last entry of the book must keep on property
FA Transaction Record Part I Over the counter
Also known as ATF Form 4473 (also e 4473)
1 must be obtained prior to any over the counter FA transfer to a non licensee except for the return of a repaired FA to the person who delivered it for repair
2-Alphabetically
-Chronologically
-Numerical order (from Serial #)
-e-4473
-Retention requirements
ATF Form 4473
Section A
Section B
Section D
- Transferee Name and Address Info and certification =buyer
- Verification of ID criminal Background Check information= seller
- FA description, FFL information =seller
Gunsmiths
- Required to obtain FFLs
- ATF form 4473 not required when repaired FA is returned to person from whom it was received
FFL’s personal FA acquired from business inventory
Not required to complete 4473
- when selling or disposing of a personally owned FA acquired from business inventory
- Sole Proprietor FFL, ONLY no such thing as personal FA, if sell a personal FA, = business sell
-not required to do 4473 or background check is transfer a FA to self, must keep a year, must create a separate record of disposition
Licensee to Licensee Transfers
form 4473 is not required
- selling FFL must verify the status of the buyer as an FFL Certified copy, FFL ez-check)
- good for 3 years if keep a copy, not required to keep a copy
