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Firearms Block 4 > FFL > Flashcards

FFL Flashcards

(47 cards)

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1
Q

ATF Mission in GC law

A

a) curb illegal trafficking

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

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2
Q

1791

A

First 10 Amendments ratified

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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

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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.

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5
Q

National Firearms Control Act of 1927

A

Prohibited shipment of concealable firearms

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6
Q

Nat’l Firearms Act of 1934

A

Based on Congress’s authority to tax.

Targeted gangsters alcohol, MG and other weapons

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7
Q

McDonald v. City of Chicago

2010

A

right to keep and bear arms applicable for self-defense

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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
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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

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10
Q

Title 18 GCA

A 
Interstate Control
Prohibited Persons
Licensing
Recordkeeping
Importation
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11
Q

Lautenberg Amdmt 1996

A

Added 9th category prohibited person: Misdemeanor of DV

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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

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13
Q

Mens Rea

Found 18 U.S.C. Section 924

A

Intent Element (Knowingly or willfully)

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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.

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15
Q

Interstate Commerce

Applies to Firearms and Ammo

A

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

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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)

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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.

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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)

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19
Q

Non-Licensee (individuals) may not:

In relation to interstate controls (Legal)

Study These Flashcards
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)

Study These Flashcards
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)

Study These Flashcards
A

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

22
Q

Hearsay

Study These Flashcards
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

Study These Flashcards
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

Study These Flashcards
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
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
26
What is licensee responsibility to respond to a request to trace firearm?
Licensee must provide info immediately and no later than 24 hours
27
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
28
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.
29
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
30
Suspension Periods & Fine Amounts
NICS: Max 6 months suspension $5,000 fine | Secure Gun Storage / Safety Device: Max 6 months suspension $2,500 fine
31
Considered "transfer" for NICS purposes
Pawn Redemptions Consignment sales/returns Basically, if transaction requires Form 4473
32
Trafficking by Non-Licensee
Most common type of trafficking Straw Purchases, Unlicensed individuals acting as dealers (online, gun show, etc)
33
Trafficking by Licensee
Trafficking done by FFL being inspected, another FFL, employee of FFL
34
Straw Purchase
Acquisition from FFL by individual done for purpose of concealing the ID of the true intended receiver of the firearm
35
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
36
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
37
How long retain completed 4473?
20 years
38
Trafficking
Illegal diversion out of lawful commerce into hands of criminals & juveniles for the 3: Profit Prestige Power
39
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
40
Diversion
Movement of firearms from legal into illegal realm thru illegal method or for illegal purpose
41
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 ```
42
Source Area
Area where traffickers easily access firearms to acquire/transport to other areas for unlawful resale & transfer to criminal element/prohibit person/juveniles
43
Market Area
Area where firearms are acquired in a source area are unlawfully marketed and or transferred to criminal element
44
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
45
Firearms Trafficking Interdiction Objective
Deny criminal access to firearms & reduce armed violent crime levels
46
Off book
Failure to record receipt and disposition of trafficked firearms
47
Dummy Out
Method of keeping records: receipts properly recorded but licensee falsifies disposition

Firearms Block 4 (2 decks)

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