(1) Has been convicted in any court of, a crime
punishable by imprisonment for a term exceeding 1 year;
(2) Is a fugitive from justice;
(3) Is an unlawful user of or addicted to any
controlled substance;
(4) Has been adjudicated as a mental defective or
has been committed to a mental institution;
(5) Is an alien illegally or unlawfully in the
United States or an alien admitted to the United States under a
nonimmigrant visa;
(6) Has been discharged from the Armed Forces under
dishonorable conditions;
(7) Having been a citizen of the United States, has
renounced his or her citizenship;
(8) Is subject to a court order that restrains the
person from harassing, stalking, or threatening an intimate partner or
child of such intimate partner; or
(9) Has been convicted of a misdemeanor crime of
domestic violence cannot lawfully receive, possess, ship, or transport
a firearm.
A person who is under indictment or information for a crime punishable
by imprisonment for a term exceeding 1 year cannot lawfully receive a
firearm. Such person may continue to lawfully possess firearms
obtained prior to the indictment or information.
[18 U.S.C. 922(g) and (n), 27 CFR 178.32(a) and (b)]
Does a customer have to be a certain age to buy
firearms or ammunition from a licensee?
Yes. Longguns and longgun ammunition may be
sold only to persons 18 years of age or older. Sales of handguns and
ammunition for handguns are limited to persons 21 years of age and
older. Although some State and local ordinances have lower age
requirements, dealers are bound by the minimum age requirements
established by the GCA. If State law or local ordinances establish a
higher minimum age, the dealer must observe the higher age requirement.
[18 U.S.C. 922(b)(1), 27 CFR 178.99(b)]
What is a "misdemeanor crime of domestic violence"?
A "misdemeanor crime of domestic violence"
means an offense that:
(1) is a misdemeanor under Federal or State law;
(2) has, as an element, the use or attempted use of
physical force, or the threatened us of a deadly weapon; and
(3) was committed by a current or former spouse,
parent, or guardian of the victim, by a person with whom the victim
shares a child in common, by a person who is cohabiting with or has
cohabited with the victim as a spouse, parent, or guardian, or by a
person similarly situated to a spouse, parent, or guardian of the
victim.
However, a person is not considered to have been
convicted of a misdemeanor crime of domestic violence unless:
(1) the person was represented by counsel in the
case, or knowingly and intelligently waived the right of counsel in
the case; and
(2) in the case of a prosecution for which a person
was entitled to a jury trial in the jurisdiction in which the case was
tried, either -
(a) the case was tried by a jury, or
(b) the person knowingly and intelligently waived
the right to have the case tried by a jury, by guilty plea or
otherwise.
In addition, a conviction would not be disabling if it
has been expunged or set aside, or is an offense for which the person
has been pardoned or has had civil rights restored (if the law of the
jurisdiction in which the proceedings were held provides for the loss of
civil rights upon conviction for such an offense) unless the pardon,
expunction, or restoration of civil rights expressly provides that the
person may not ship, transport, possess, or receive firearms, and the
person is not otherwise prohibited by the law of the jurisdiction in
which the proceedings were held from receiving or possessing firearms.
[18 U.S.C. 921(a)(33), 27 CFR 178.11]
Does the Brady law apply to the transfer of long guns
as well as handguns?
Yes.
Does the Brady law apply to the transfer of antique
firearms?
No. Licensees need not comply with the Brady
law when transferring a weapon that meets the Gun Control Act's
definition of an "antique firearm."
Does the Brady law apply to the transfer of firearms
between two licensees?
No. The Brady law only applies when a licensed
importer, manufacturer, or dealer is transferring a firearm to a
nonlicensee.
What steps must be followed by an FFL prior to
transferring a firearm subject to the requirements of the Brady law?
The following steps must be followed prior to
transferring a firearm:
1. The licensee must have the transferee complete
and sign ATF Form 4473, Firearms Transaction Record.
2. The licensee must verify the identity of the
transferee through a government-issued photo identification.
3. The licensee must contact NICS (through either
the FBI or a State point of contact). The licensee will get either a
"proceed", "denied" or "delayed" response from the system. If the
licensee gets a "delayed" response and there is no additional response
from the system, the licensee may transfer the firearm after 3
business days have elapsed. Of course, the licensee must still comply
with any waiting period requirements under State law.
What form of identification must a dealer obtain from
a purchaser under the Brady law?
The identification document presented by the
purchaser must have a photograph of the purchaser, as well as the
purchaser's name, address, and date of birth. The identification
document must also have been issued by a governmental entity for the
purpose of identification of individuals. An example of an acceptable
identification document is a driver's license.
To whom may an unlicensed person transfer firearms
under the GCA?
A person may sell a firearm to an unlicensed
resident of his or her State, if the buyer is not prohibited by law from
receiving or possessing a firearm, or to a licensee in any State. A
firearm other than a curio or relic may not be transferred interstate to
a licensed collector.
[18 U.S.C 922(a)(3) and (5), 922(b)(3), 27 CFR 178.29]
From whom may an unlicensed person acquire a
firearm under the GCA?
A person may only buy a firearm within the
person's own State, except that he or she may buy a rifle or shotgun, in
person, at a licensee's premises in any State, provided the sale
complies with State laws applicable in the State of sale and the State
where the purchaser resides.
[18 U.S.C 922(a)(3) and (5), 922(b)(3), 27 CFR 178.29]
May an unlicensed person obtain a firearm from an
out-of-State source if the person arranges to obtain the firearm through
a licensed dealer in the purchaser's own State?
A person not licensed under the GCA and not
prohibited from acquiring firearms may purchase a firearm from an
out-of-State source and obtain the firearm if an arrangement is made
with a licensed dealer in the purchaser's State of residence for the
purchaser to obtain the firearm from the dealer.
[18 U.S.C 922(a)(3) and (5), 922(b)(3), 27 CFR 178.29]
May an unlicensed person obtain ammunition from an
out-of-State source?
Yes, provided he or she is not a person
prohibited from receiving firearms and ammunition.
[18 U.S.C. 922(g) and (n)]
May a parent or guardian purchase firearms or
ammunition as a gift for a juvenile (less than 18 years of age)?
Yes. However, possession of handguns by
juveniles (less than 18 years of age) is generally unlawful. Juveniles
may only receive and possess handguns with the written permission of a
parent or guardian for limited purposes, e.g., employment, ranching,
farming, target practice or hunting.
[18 U.S.C. 922(x)]
May a licensed dealer sell a firearm to a nonlicensee
who is a resident of another State?
Generally, a firearm may not be lawfully sold
by a licensed dealer to a nonlicensee who resides in a State other than
the State in which the seller's licensed premises is located. However,
the sale may be made if the firearm is shipped to a licensed dealer
whose business is in the purchaser's State of residence and the
purchaser takes delivery of the firearm from the dealer in his or her
State of residence. In addition, a licensee may sell a rifle or shotgun
to a person who is not a resident of the State where the licensee's
business premises is located in an over-the-counter transaction,
provided the transaction complies with State law in the State where the
licensee is located and in the State where the purchaser resides and
provided the sale complies with all applicable Federal laws.
[18 U.S.C. 922(b)(3)]
As a licensed dealer, must I advise ATF if I sell more
than one handgun to an individual?
If you sell more than one handgun to any
nonlicensee during a period of 5 consecutive business days, the sale
must be reported on ATF Form 3310.4, Report of Multiple Sale or Other
Disposition of Pistols and Revolvers, and forwarded to the ATF office
specified on the form no later than the close of business on the day the
second handgun was sold. A copy of the form must also be sent to the
State police or the local law enforcement agency where the sale
occurred. A copy must also be kept in the records of the dealer.
[18 U.S.C. 923(g)(3), 27 CFR 178.126a]
May a licensee sell interchangeable ammunition such as
.22 cal. rimfire to a person less than 21 years old?
Yes, provided the buyer is 18 years of age or
older, and the dealer is satisfied that it is for use in a rifle. If the
ammunition is intended for use in a handgun, the 21 year old minimum age
requirement is applicable.
[18 U.S.C. 922(b)(1), 27 CFR 178.99(b)]
May machineguns be transferred from one registered
owner to another?
Yes. If the machinegun was lawfully registered
and possessed before May 19, 1986, it may be transferred pursuant to an
approved ATF Form 4.
[18 U.S.C. 922(o)(2)]
