Posts Tagged ffl

ATF Keeping Gun Owner Info Illegally

From The Daily Caller:

The U.S. Government Accountability Office (GAO), the go-to federal oversight agency, conducted an audit of ATF and found it does not remove certain identifiable information, despite the law explicitly mandating it do so. GAO conducted reviews for four data systems, and concluded at least two of ATF’s systems violated official protocols.

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ATF Cracks Down On “Gun Sellers”

From Milwaukee Journal Sentinel:

A Wauwatosa man is under federal investigation for selling guns without a proper license, buying more than 500 firearms from an outdoors store and then selling them through a website or at gun shows, according to newly unsealed court documents.

According to the search warrant, the suspect obtained a collector of curio and relics license in 2014 from the ATF. The license allows the sale of guns that are at least 50 years old but does not allow the holder to be a general firearms dealer.

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Senator Kaine’s Gun Control Bill

From The Federalist:

Kaine’s proposed law, entitled the “Responsible Transfer of Firearms Act,” places a criminal federal liability on anyone who transfers a firearm to an individual prohibited from possessing one by federal law, according to a fact sheet provided by Kaine’s office. Under current law, only federal firearms licensees (FFLs) are criminally liable if they sell a gun to a prohibited individual. Kaine’s law would extend that criminal liability to private individuals as well.

 

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When Is a NICS Check Required?

From Prince Law Offices, P.C.:

It’s no secret that ATF told at least one FFL they need to run a NICS check on trustees picking up NFA firearms on behalf of a trust. In a letter addressed toDakota Silencer, ATF explained:

The term “person” is defined by the GCA at 18 U.S.C. § 921(a)(1), to include “any individual, corporation, company, association, firm, partnership, society, or joint stock company.”

ATF has interpreted the GCA exception in sections 922(t)(3)(B) and 478.102(d)(2) to mean that firearms transfers are exempt from a NICS check when they have been approved under the NFA to the person receiving the firearm. Unlike individuals, corporations, partnerships, and associations; unincorporated trusts do not fall within the definition of “person” in the GCA.

Because unincorporated trusts are not “persons” under the GCA, a Federal firearms licensee (FFL) cannot transfer firearms to them without complying with the GCA. Thus, when an FFL transfers an NFA firearm to a trustee or other person acting on behalf of a trust, the transfer is made to this person as an individual (i.e., not as a trust). As the trustee or other person acting on behalf of the trust is not the approved transferee under the NFA, 18 U.S.C. 5812, the trustee or other person acting on behalf of a trust must undergo a NICS check. The individual must also be a resident of the same State as the FFL when receiving the firearm.

There is a lot of technical legal speak in this post but it is fascinating how the government has spun such a tangled web of laws that may actually cancel out or contradict one another.

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