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Summarize Key Principles of Federal Law Applicable to Firearms Transactions

• Summarize Key Principles of Federal Law Applicable to Firearms Transactions

To start you will need to determine if the person attempting to purchase a firearm is eligible. This means they are not a prohibited person. Next, you need to determine if the person buying the firearm is going to be the actual owner or if they are going to re-sell it for profit. If so, the individual is “engaging in business” and technically needs an FFL to do so. You will also need to know this because they may be attempting a straw purchase for someone who is prohibited. Finally, if the person doesn’t have an active carry license for the state they are purchasing in then a “NICS” check or background check must be done to again determine that they are eligible to continue the buying process.


• Summarize the National Firearms Act

The national firearms act is a deeper dive kind of background check if you will. Someone attempting to purchase things like machine guns, destructive devices or short barrel rifles will need to fill out additional forms and submit their fingerprints to the ATF. NFA items require the potential owner to pay for a tax stamp or “Transfer Tax” which can vary in price. Something like a suppressor requires a $200 tax stamp but Any Other Weapons (AOW’s) only require a $5 tax stamp. However, if the transfer is between two FFL holders, then the “Transfer Tax” is not required.


• Summarize the Concept of a Prohibited Person

A person may fall into the category of a prohibited person for several reasons. This may include things like being a fugitive, being convicted of a crime that is punishable for more than one year in jail, being an unlawful user of illegal drugs, being committed into a mental institution, being an illegal alien, having a dishonorable discharge from any branch of the armed forces, renouncing your citizenship, having a restraining order, being convicted of domestic violence, and a few more things. It is important to note that a person indicted for a crime that is punishable for more than one year in jail may continue to own firearms purchased prior to the inditement. It is also possible that someone who doesn’t fall into any of these categories can still be prohibited. For example, as an individual selling a firearm you have the right to refuse the sale for something that was said during the transaction that leads you to believe the individual doing the purchase intends to do something illegal like assault or murder. A prohibited person could also be someone who intends to purchase a firearm for someone who can’t legally own one. This is called a straw purchase and is a crime.

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