Posts Tagged federal firearms license

The Coming FFL Crackdown

From NRA-ILA:

According to the president and his ever-obliging attorney general, a “crackdown” is coming on America’s federally licensed gun dealers (FFLs), with “zero tolerance” for allegedly illegal behavior. While no decent person – least of all the NRA or its members – supports arming dangerous criminals, a recent case from Texas provides disturbing hints as to what this policy might look like in practice.

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Biden Targets FFLs

From The Truth About Guns:

The Justice Department will announce a new “zero tolerance” policy to revoke the federal licenses of firearms dealers who willfully violate gun laws, senior administration officials said. That includes actions such as selling a gun to someone who is prohibited from possessing one, failing to do a background check on gun purchasers or falsifying records.

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The Only FFL In DC Is The Police

From Washington Free Beacon:

In an arrangement unique to Washington, D.C., the local police department is the only federally licensed firearms dealer that is open to the public. Residents tell the Washington Free Beacon, however, that legally obtaining a handgun has become nearly impossible due to the department’s inaction.

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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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