Posts Tagged ffl

Requiring Serial Numbers On Guns Not Constitutional

From Reason:

Given that guns with serial numbers are indeed, as the court pointed out, just as effective at self-defense as guns without, the serial number requirement seems to me to be a much lighter burden than the burden of objective, easy-to-comply-with licensing requirements, which the Court in Burden endorsed. True, the serial number requirement does interfere with the privacy of gun transactions and gun ownership, and privacy hawks may be concerned about that. But of course the shall-issue laws upheld in Bruen also interfered with the privacy of gun carrying, since people would need to identify themselves to the government to get the license.

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Texas Gun Store Sues Biden Admin

From The Federalist:

Punishing minor slip-ups, the lawsuit argues, draws on a drastically different interpretation of the law than the definition federal courts have held based on the Gun Control Act of 1968.

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UPS Implements Severe Restrictions On Shipping Firearms

From The Truth About Guns:

The new rules came in response to a letter sent by five anti-gun senators, who blamed UPS and 27 other carriers for escalating violent crime rates.

The rules are contained in three documents: A shipping agreement between UPS and a licensed firearm dealer, the new 2022 UPS Tariff/Terms & Conditions of Service, and UPS’s How to Ship Firearms” webpage.

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Congressmen Demand Investigation Into FFL Revocations

From The Truth About Guns:

Twenty-five Republican Congressmen – including every Republican member of the House Judiciary Committee – sent a letter Wednesday to Bureau of Alcohol, Tobacco, Firearms and Explosives Acting Director Gary Restaino, demanding an explanation for “the Department’s broad and unprecedented effort to revoke Federal Firearms Licenses (FFLs) from law-abiding business owners throughout the country.”

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FFL Revocations Increase 500% Under Biden

From The Truth About Guns:

In the years before the Biden-Harris administration took over the White House, the Bureau of Alcohol, Tobacco, Firearms and Explosives usually revoked an average of 40 Federal Firearm Licenses (FFLs) per year. But, in the 11 months since Joe Biden declared war on “rogue gun dealers,” the ATF has revoked 273 FFLs – an increase of more than 500%. However, rather than targeting the true rogues, Biden’s ATF is revoking FFLs for the most minor of paperwork errors, which were never a concern for the ATF until Biden weaponized the agency.

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FFL Consultants Helps Fight Against ATF Harassment

From The Truth About Guns:

Founded in 2016, FFL Consultants supports all NSSF members. “Anyone can call us,” Bocker said. “We realize the dealer usually has a customer standing in front of them waiting at the gun counter, so we promise 24/7, 365-day live answering – one of us always answers the phone.”

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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 New 4473, What To Expect

From The Truth About Guns:

The most notable changes are the inclusion of the firearm information at the top of page one instead of page three, the change of “county” to “county/parish/borough,” and the addition of “non-binary” to the gender.
There are, of course, other changes but they are not as significant as these and they apply mostly to the FFLs.  There is a full breakdown of each change, and what it means for FFLs, in the RocketFFL compliance program.

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Firearm Infringements

From Ammoland:

Gary B. Wells is announcing the publication of his third edition of “Firearm Laws: Volume 1: Federal Infringements” and his second edition of “Firearm Laws: Volume 2: Texas Infringements.”
Regardless of how the firearm laws are erroneously characterized (i.e., reasonable, common sense, minimally intrusive, etc.), they are infringements on the “right of the people to keep and bear arms.” So long as these infringements are being enforced, it is necessary to understand these laws to avoid getting into legal trouble and losing your firearm rights, whether as an individual or as a federal firearms licensee.

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Republicans Spreading Bad Idea On Background Checks

From Firearms Policy Coalition:

On September 18, 2019, a purported “idea” document reportedly being circulated among Republican senators and congressmen was leaked to the media. The document, entitled “Idea for New Unlicensed-Commercial-Sale Background Checks”, is both frighteningly vague and callous in its disregard for the Second and Fourth Amendments, as well as the federalist principles that animate the Commerce Clause.
The document suggests that “many commercial sales are conducted outside of FFLs without any background check or record-keeping requirements.” This is either incorrect or uses a definition of “commercial sale” beyond the scope of common understanding. Present law requires anyone “engaged in the business” of selling firearms to acquire a Federal Firearms License. Incidental, intrastate transactions between private individuals are regulated by the states.

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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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