SABT 2 D Conduct of Bus 09-02-14 Flashcards Preview

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Flashcards in SABT 2 D Conduct of Bus 09-02-14 Deck (64):
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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.

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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

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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

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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

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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

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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

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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

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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)

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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

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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

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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.

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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)

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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)

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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

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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

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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

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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

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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

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Acquisition and Disp Record (A &D Book)

1 Description of FA
2 Receipt info
3 Disp info
can keep electronic Ruling 2013-5

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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

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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

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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

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Gunsmiths

-Required to obtain FFLs
-ATF form 4473 not required when repaired FA is returned to person from whom it was received

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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

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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

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Report of Multi Sale or other Disposition of pistols and revolvers

Transfer of two or more handguns to the same non licensee within a period of 5 consecutive business days complete and submit ATF form 3310.4

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13 Explain the governmental exceptions to the NFA.

-

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14 explain the prohibition on disclosing NFA information.

-

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15 Explain the requirements to import FA and ammunition into the US and review other defense articles regulated under the Arms Export Control Act.

-FFL

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16 ID the prohibited acts associated with the illegal importation of FA and ammunition

-unlawful for any person to import or bring into the US any FA or ammo 18 USC 922 l
2-Unlawful for any person to receive any FA or ammo which has been illegally imported

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-Over the counter
-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
-Must be filed alphabetically, chronologically, or in numerical order
-Info required
-A transferee identification and certification completed by transferee
-B verification of transferee identification, type of FA being transferred, gun show info, NCIS info, and stated permit info
-C Rectification by purchaser if the purchaser take delivery of the FA on a day different from the that in section A
-D Fa description number of FA transferred, licensee name, address, and license number, name, signature and title of transferor and tranfer date

Form 4473

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A- Transfer of 2 or more FA within 5 consecutive business days to a non licensee requires preparation and submission of ATF 2210.4
B- name, address of FA transferee, number of FA transferred, date, name and address of FFL
C- Multiple FA sale forms are not required for pawn redemptions

Multiple Sale

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-1 Description of FA by manufacturer/ importer, model, type, caliber or gauge and serial#
-2 Receipt info, Date received and source (name and address if rom non licensee or FFL name, number and address. For manufacturers the date the FA was manufactured for importers the date the FA imported
-3 Disposition information: date and transferees name, address or form 4473 serial number if filed numerically to a non licensee, disposition date, name and FFL number if to a licensee

Bound Book or A&D

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Certified copy of FFL license

License to License FFL once during the license term 3 yrs
-ATF Ez check to verify FFL status

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If FFL discover guns are stolen or lost
-Telephone notification
-within 48 hours of discovery
-Report theft to local Law Enforcement
-record in disposition book

Theft /Loss Report ATF 3310.11

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-Generally makes it unlawful for a person to transfer a handgun to anyone under 18 yrs of age
-For anyone under 18 yrs of age knowing possess a handgun
-see pamphlet for exemption

Youth Handgun Safety Act

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Officer provides certification on agency letterhead
-Signed by a person with authority stating the officer is not prohibited
-Laughtenburg statement

Sales to LEO

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1 convicted in any court of a crime punishable by imprisonment for a term exceeding one year- foreign courts does not count, Exceptions -white collar antitrust restraints of trade and 2 yr stated misd
2 fugitive from justice = have to know u been indictment and fled the state state to avoid prosecution or giving testimony in a criminal proceeding
3 person unlawful users of addicted to any controlled substance=occasional use of weed = not prohibited
4 Person adjudicated mental defective or committed to a mental institution =must be committed, or determine by a court, board of authority to be danger to himself or others
5 Aliens illegally or unlawfully in the US or those nonimmigrant alien visa status= in the US with out authority, Exception = has a hunting license and wants to go hunting
6 Dishonorable discharge= or dismissed if an officer from the armed forces
7 Renunciated of citizenship
8 Domestic violence orders of restraint = in a domestic relationship by a judge, when expires= nolonger prohibited
9 Misd crimes of domestic violence, look a court record to see relationship

Prohibited persons

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10
sponsored by any national state or local organization devoted to the collection, competitive use or other sporting use FA not sales at Flea Market
-only in their state and have a FFL, can sell
-FFL cannot sell guns outside of their state, can buy anywhere
-Extension of FFL licensed premised when they are in the state where the FFL is licensed
-not from motorized or towed vehicle

Gun Shows

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10
FL resident in GA what can they do

buy long gun from FFL, sell to FFL, cant sell to a FL resident in GA,

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Curios and Relics exceptions

amendment 18 USC 923j authorizes C&R licensee to conduct curios and relics FA transfer away from their business premises to another FFL without regard to the State specified on the license of either license
-A C& R license may make curio and relics transfer at a gun show in Any state to another FA licensee of any state

-these transactions are for C&R FA only not modern weapons
-Any licensee of any state can transfer at gun shows in any state to another FA licensee

Transfer-away from business premiss
-Curios and Relics FA only

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FA Business Liable for SOT

to transfer must have license,
-SOT Special occupation Tax
-Dealing in, manufacturing or importing title II FA must properly licensed as a FFL have an employer ID number (EIIN) Pay SOT

46

8 Explain the false statement violations under the Gun control Act

-It is unlawful for a FFL to knowing make a false entry in, or fail to make an appropriate entry in, or fail to properly maintain, any record which an FFL is required to keep by 18 USC 922 m
-Is it unlawful for any person, including an FFL to knowingly make a false statement or representation with respect to the info required to be maintained in FFL records or in applying for any license, exemption, or relief form disability 18 USC 924 a l A

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Revocation of Licenses

-willful violation of the GCA or regulations issued thereunder
-Failure to have secure gun storage or safety devices
-Failure to conduct a background check and prohibited person receive a FA
-suspension/Fine limited to major NICS Violation only

48

7 Describe the records that FA licensees are required to keep and what entries are required to be made in those records

-Age Requirement for lawful FA and Ammo Acquisition Form FA License 18 USC 922 b l
-min age for lawful delivery of a long gun or its ammo is =18
-for a handgun and its ammo = 21

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Convicted Felons

convicted ted in any court of a crime punishable by more than one year
-any court, but no foreign, small V US
-some exceptions white collar, antitrust restraints of trade and 2 yr state misdemeanors
-Law of state determines- convictions
-Plus Pardon, Expundgement, Restoration of Civil rights (unless specifically provides no to FA) nullifies conviction for purpose of disability (Pardon = can get rights to bear arms back)

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10 Determine what is lawful and unlawful conduct for the FFL and a non licensee, including at a gun show

-acquire FA from FFL licensed in the state where the gun show is being held and from any non licensed person
-display and take orders for fA, however, the FFL must return to his licensed location to complete the sale and delivery of the FA
-May not make sales of FA to anyone (not even to or through an FFL licensed in the state)

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9 Describe the location from which FFLs can conduct licensed operations including gun shows.

-Gun shows = extension of FFL premises if selling in the same state of their FFL
-cant do business from a motorized or towed vehicle
-License must be posted as it does in their business and records of acquisition and disposition of FA at gun shows annotated to show the location of the gun show
-can sell long guns to resident of any state provided the purchaser is present at the gun show, if Brady is met, laws of both states allow the sale
-sell or transfer to any FFL
-acquire fa from an FFL licensed in the state, or from any non licensee

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Transfer of NFA weapon

-Transferee must be ID
-IFAN individual, must include FA and photo
-Transferee must have a local LE official ie. CLEO complete the certification
-FA ID and reason for acquisition
-Transfer is not prohibited
-Transportation across state line approved by NFA Branch

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Making NFA FA

Form 1
-Obtain approval o make and register
-Making cannot violate Federal State or Local Law
-some one who is not licensed, must fill out if they want to make any king of weapon, cant make a machine gun.
-$200 making tax on each FA
-must file application to make and register FA
-ID of FA and why its being made
-ID himself FA card and photo
Exemptions
Qualified Manufactures, Making for US, Certain GOV entities

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15
Importation of FA

License imports can import for sale
-Dealers can import for a individual person, but not for resale if asked and has to record in there records.
EXCEPTIONS
-Recognized as suitable for or readly adaptable for sporting purposes

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Exportations

-ATF does not have jurisdiction
-License from the State Dept
-Sporting shotguns regulated by the Dept of commerce
-

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2 b
A major exception to compliance with all of GUN Control Act provided by 18 USC 925 a 1

Government Employees
-Omnibus Consolidated Appropriation Act 1997 Amended 925 a 1 to specifically prevent persons convicted of misdemeanor crime of domestic violence are not excepted, but (A Felony Domestic Violence is excepted)
-LEO purchasing duty weapons must complete ATF record
-27 CFR requires LEO to provide FFL a certification on agency letter head stating the LEO will use the FA in official duties and a record check will be done to make sure he does not have MISD domestic Violence
-Also no Form 4473 is required

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18 USC 923 a provides no one shall engaged in the business of importing, manufacturing, or dealing in FA, or importing, or manufacturing ammo, until

they have filed an Application and received a license to do so from the Attorney General.

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make it unlawful for a person to steal or unlawfully take or carry away from the person or premises of a person who is licensed, any FA in their business inventory that has been shipped or transported in interstate commerce

18 USC 922 U

59

is the penalty section for 922 u violation, and provides for a fine and or imprisoned not more than 10 years or both

18 USC 924 i i

60

makes it unlawful to steal any FA which has moved in interstate foreign commerce, and provides for a fine and or imprisonment for not more than 10 yrs or both

18 USC 924 l

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provides that a person who steal any FA from a licensee shall be fined and or imprisoned not more than 10 yrs or both

18 USC 924 m

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Timing of entries

-Acquisition are to be recorded by close of next business day unless commercial records containing all required info are maintained separately and ava for inspection, in which case the entry may be delayed 7 days unless a disposition is made within that time
-dispositions to be recorded no later than 7 days following transfer of the FA

63

Gunsmiths required to obtain

-FFL s
-4473 is not required when the FA was delivered to a gunsmith/licensee solely for repair or customizing, if the FA was returned to person who sent it
-No A&D record is required for FA received by a gunsmith licensee if the Fa is not kept by the licensee overnight

64

FFL is not required to fill out 4473 when selling or disposing of a personally owned FA acquired from business inventory

to be exempt from record keeping requirement, the FA must
1 have been in the personal collection for 1 yr from the date transferred from business inventory
2 have been recorded as a acquisition when it came into the business inventory and disposition to the FFL when it left the business inventory
3 be recorded as a disposition in a personal FA bound book

65

10b
Non licensed residents of the state where the show is being held may

-acquire FA (handguns and Long guns) from FFLs licensed in the state where the gun show is being held, provided that all the provisions of Brady are met
-May dispose of FA to any FFL
-May not acquire or dispose of FA from to unlicensed residents of any other state

66

10c
Non licensed resident of another state may

-dispose of a FA to any FFL
-may acquire Long gun for an FFL licensed in the stated where the gun show is taking place, provided the laws of both states are complied with
-May not acquire handguns
-May not dispose of FA to any non licensed individual

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Person under indictment or information for a crime punishable by imprisonment far a term exceeding 1 yr (18 USC 922 (n)
- cannot transport, ship or receive
- But may possess
- Penalty = 5 yrs in prison

Semi Prohibited Person

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