Conduct of business 2a
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Questions and Answers

What is the minimum age to acquire a shotgun or rifle from a firearms licensee?

  • 21 years old
  • 25 years old
  • 30 years old
  • 18 years old (correct)

    • What is the minimum age to acquire a handgun or handgun ammunition from a firearms licensee?

  • 30 years old
  • 18 years old
  • 25 years old
  • 21 years old (correct)

    • Under what circumstances can a licensee sell or deliver a firearm to a minor?

  • If the minor is emancipated
  • If the minor is a competitive shooter
  • With parental consent
  • Never, it is prohibited (correct)

    • What happens to licensees who fail to comply with the GCA and its implementing regulations?

    <p>They are subject to civil penalties</p> Signup and view all the answers

    Where can FFLs conduct licensed operations?

    <p>At any fixed premises</p> Signup and view all the answers

    What type of tax do certain firearms businesses need to pay?

    <p>Special (occupational) tax</p> Signup and view all the answers

    What Act regulates the importation of firearms and ammunition into the United States?

    <p>Arms Export Control Act</p> Signup and view all the answers

    What is prohibited under the National Firearms Act?

    <p>Disclosing NFA information</p> Signup and view all the answers

    What is the primary requirement for a licensee to transfer firearms to a person from a different state?

    <p>The transferee must meet in person with the FFL at the licensee's place of business.</p> Signup and view all the answers

    What is the purpose of the Acquisition and Disposition Record (A&D Book)?

    <p>To maintain a record of all firearms acquired and disposed of by a licensee.</p> Signup and view all the answers

    What information is required to be included in the description of a firearm in the A&D record?

    <p>Manufacturer and importer, model, type, and serial number.</p> Signup and view all the answers

    Dealers not licensed in the state where the gun show is being held may:

    <p>Acquire firearms from FFLs licensed in the state where the gun show is being held and from any non-licensed individual.</p> Signup and view all the answers

    Non-licensed residents of the state where the gun show is being held may:

    <p>Acquire firearms from FFLs licensed in the state where the gun show is being held, provided that all of the provisions of Brady are met.</p> Signup and view all the answers

    How long does a dealer have to record acquisitions in the A&D record?

    <p>By the close of the next business day.</p> Signup and view all the answers

    Non-licensed residents of another state may:

    <p>Acquire rifles and shotguns from an FFL licensed in the state where the gun show is being held, provided the laws of both states are complied with.</p> Signup and view all the answers

    What is the purpose of the Firearms Transaction Record (ATF Form 4473)?

    <p>To record the transfer of a firearm to a non-licensee.</p> Signup and view all the answers

    What is the primary objective of a gunsmith as defined in the regulations?

    <p>To make a livelihood and profit as a regular course of trade or business.</p> Signup and view all the answers

    When is Form 4473 not required?

    <p>When the firearm is delivered to a gunsmith/licensee solely for repair or customization.</p> Signup and view all the answers

    What section of the ATF Form 4473 verifies the transferee's identification?

    <p>Section C.</p> Signup and view all the answers

    What type of firearms transfers are allowed for Curios and Relics (C&R)?

    <p>Transfers of C&amp;R firearms at gun shows between licensees of any state.</p> Signup and view all the answers

    What is the purpose of Section D of the ATF Form 4473?

    <p>To recertify the purchaser if the purchaser takes delivery of the firearm on a day different from that in Section B.</p> Signup and view all the answers

    What is the National Firearms Act (NFA)?

    <p>Title II of the Gun Control Act of 1968, regulating certain firearms.</p> Signup and view all the answers

    What is required to maintain a personal collection of firearms as a licensee?

    <p>Recording the disposition to the licensee's personal collection and maintaining the firearm for one year.</p> Signup and view all the answers

    What is the purpose of the ATF's FFL eZ Check system?

    <p>To verify the status of licensees.</p> Signup and view all the answers

    What form is used for non-over-the-counter transactions?

    <p>Conducted in accordance with ATF Procedure 2020-1.</p> Signup and view all the answers

    What type of tax do certain firearms businesses need to pay?

    <p>Special (Occupational) Tax (SOT).</p> Signup and view all the answers

    Who must pay the Special (Occupational) Tax (SOT)?

    <p>Only FFLs dealing in NFA firearms.</p> Signup and view all the answers

    When is a Report of Multiple Sale or Other Disposition of Pistols and Revolvers required?

    <p>When transferring two or more handguns within a period of five consecutive business days to a non-licensee.</p> Signup and view all the answers

    Where must the ATF Form 4473 be filed?

    <p>Alphabetically, chronologically, or in numerical order.</p> Signup and view all the answers

    What is a Class 1 license?

    <p>A license to import firearms, including weapons classified as 'any other weapon'.</p> Signup and view all the answers

    What is the definition of a 'business day' for purposes of filing a multiple sale form?

    <p>Days on which the licensee operates.</p> Signup and view all the answers

    What is the purpose of the loan or rental of a firearm to a person for temporary use?

    <p>For legal sporting purposes.</p> Signup and view all the answers

    What is not required for firearms received by a gunsmith/licensee?

    <p>A&amp;D record.</p> Signup and view all the answers

    What is a Class 3 license?

    <p>A license to deal in firearms, including weapons classified as 'any other weapon'.</p> Signup and view all the answers

    What is the annual Special (Occupational) Tax (SOT) for a Class 3 license?

    <p>$500.</p> Signup and view all the answers

    What is the purpose of the Report of Multiple Sale or Other Disposition of Certain Rifles?

    <p>To report multiple sales of certain rifles in California, Arizona, New Mexico, and Texas.</p> Signup and view all the answers

    Who is exempt from marking privately made firearms?

    <p>Gunsmiths/licensees who receive firearms for same day adjustment or repair and return to the person from whom it was received.</p> Signup and view all the answers

    What is not required for multiple sales forms?

    <p>The name and address of the FFL if the pistols or revolvers are returned to the same person.</p> Signup and view all the answers

    Who is relieved from paying SOT if they meet certain conditions?

    <p>Any person who requests an exemption in writing</p> Signup and view all the answers

    What form is used to transfer NFA firearms between qualified SOT taxpayers?

    <p>ATF Form 3</p> Signup and view all the answers

    Who can transfer NFA firearms to or from states, possessions of the U.S., or any political subdivision thereof?

    <p>Any qualified SOT taxpayer on an ATF Form 5</p> Signup and view all the answers

    What is the purpose of the National Firearms Registration and Transfer Record?

    <p>To maintain a central registry for all NFA firearms</p> Signup and view all the answers

    What is the penalty for violating the National Firearms Act?

    <p>Up to 10 years imprisonment, a fine of up to $250,000, or both</p> Signup and view all the answers

    Who can transport in interstate or foreign commerce destructive devices, machineguns, short-barreled shotguns, and short-barreled rifles without specific authorization from ATF?

    <p>Only licensees</p> Signup and view all the answers

    What is required for the transfer of NFA firearms that are not exempt from the transfer tax?

    <p>An ATF Form 4 and payment of the transfer tax</p> Signup and view all the answers

    What is the statute of limitations on NFA violations?

    <p>3 years after the act was committed</p> Signup and view all the answers

    What is the purpose of an ATF Form 5?

    <p>To transfer NFA firearms to or from states, possessions of the U.S., or any political subdivision thereof</p> Signup and view all the answers

    What is the rate of the transfer tax for any other weapons except for machineguns?

    <p>$5</p> Signup and view all the answers

    What is the purpose of Form 4 (5320.4)?

    <p>Tax Paid Transfer for individuals purchasing NFA weapons</p> Signup and view all the answers

    What is restricted from disclosure except under certain circumstances?

    <p>Tax return information</p> Signup and view all the answers

    What is the penalty for an employee of the United States disclosing tax return or return information?

    <p>Felony</p> Signup and view all the answers

    What is the purpose of Form 1 (5320.1)?

    <p>Application to Make and Register a Firearm</p> Signup and view all the answers

    What is an exception to the prohibition on disclosing tax return information?

    <p>Disclosure to the United States Attorney's Office for tax prosecution purposes</p> Signup and view all the answers

    What is the purpose of Form 10 (5320.10)?

    <p>Application for Registration of Firearms</p> Signup and view all the answers

    What is protected from being used as evidence in a criminal proceeding?

    <p>Information from an application or registration</p> Signup and view all the answers

    What is not an exception to the prohibition on disclosing tax return information?

    <p>Disclosure to state and local law enforcement</p> Signup and view all the answers

    What is the purpose of ATF Form 3310.12?

    <p>To report the transfer of 2 or more semi-automatic rifles to a non-licensee</p> Signup and view all the answers

    Who is required to report the theft or loss of a firearm from their inventory?

    <p>Licensees and non-licensees</p> Signup and view all the answers

    What is required for a law enforcement officer to purchase a firearm for official use?

    <p>A certification on agency letterhead and a records check</p> Signup and view all the answers

    What is a gun show considered as when it is in the state where the FFL is licensed?

    <p>An extension of the FFL's licensed premises</p> Signup and view all the answers

    What is required for a dealer to sell firearms at a gun show?

    <p>The license must be posted (as it must be at the primary business)</p> Signup and view all the answers

    What is the deadline for reporting the theft or loss of a firearm from the licensee's inventory?

    <p>48 hours after discovery</p> Signup and view all the answers

    What is the purpose of ATF Form 4473?

    <p>To record the acquisition and disposition of firearms</p> Signup and view all the answers

    Who is exempt from the GCA requirements?

    <p>Law enforcement officers acquiring duty weapons for official use</p> Signup and view all the answers

    What is the purpose of ATF Form 3310.11?

    <p>To report the theft or loss of a firearm from the licensee's inventory</p> Signup and view all the answers

    What is required for a dealer to sell rifles or shotguns to residents of any state at a gun show?

    <p>Compliance with published local laws such as waiting periods</p> Signup and view all the answers

    Study Notes

    Licensee Operations and Record Keeping Requirements

    • Age Requirements:
      • Licensee may not sell or deliver a firearm to anyone under 18 years old
      • For firearms other than shotguns or rifles, licensee may not sell or deliver to anyone under 21 years old
    • Residency Requirements:
      • Licensee may not transfer firearms to anyone who does not reside in the state where the licensee's place of business is located
      • Exception: Licensee may sell or deliver a shotgun or rifle to a resident of a different state if the transferee meets in person with the FFL and the sale complies with the legal conditions of sale in both states
    • Recordkeeping Requirements:
      • Acquisitions and Disposition (A&D) record: maintained by all FFLs, includes description of firearm, acquisition information, and disposition information
      • A&D record may be in book form or electronic form, and licensee may utilize multiple A&D records depending on activity conducted
      • Timing of entries:
        • Dealers: record acquisitions by close of the next business day, unless commercial records are maintained separately
        • Importers: record acquisitions within 15 days of importation
        • Manufacturers: record acquisitions within 7 days of manufacture or acquisition of a complete firearm

    Firearms Transaction Record

    • Form 4473: required prior to any over-the-counter firearm transfer to a non-licensee, except for the return of a repair or replacement firearm
    • Must be filed alphabetically, chronologically, or in numerical order
    • Contains:
      • Firearm description
      • Number of firearms transferred
      • Transferee's name and address and certifications
      • Verification of transferee's identification
      • NICS information
      • FFL information

    Non-Over-the-Counter Transactions

    • No longer requires an ATF Form 4473, conducted in accordance with ATF Procedure 2020-1

    Gunsmiths

    • Defined as a person who devotes time, attention, and labor to repairing or customizing firearms, making or fitting special barrels, stocks, or trigger mechanisms to firearms, or placing marks of identification on privately made firearms
    • Not required to mark PMFs received for same-day adjustment or repair and returned to the person from whom it was received

    Personal Firearms

    • A licensee may maintain a personal collection of firearms, and dispose of such personal firearms where the licensee has taken certain steps to remove the firearm from inventory and maintain the firearm in a personal collection
    • Requirements for a firearm to be considered part of a licensee's personal collection:
      • Maintain the firearm as part of the licensee's personal collection for one year
      • Record the acquisition of the firearm into the business inventory and the disposition to the licensee's personal collection
      • Record of Disposition: sale or disposition of a firearm from the personal collection must be recorded in a record containing the description of the firearm, date, transferee's name and address, and transferee's date of birth if a non-licensee

    Licensee-to-Licensee Transfers

    • No Form 4473 required in sales/transfers between FFLs
    • Selling FFL must verify the status of the buyer as an FFL
    • May also verify continued valid license status by using ATF's FFL eZ Check

    Report of Multiple Sale or Other Disposition of Pistols and Revolvers

    • Required when transferring two or more handguns within five consecutive business days to a non-licensee
    • Required contents:
      • Name and address of the transferee
      • Number of pistols and/or revolvers transferred
      • Date handguns were transferred
      • Name, and address of FFL

    Report of Multiple Sale or Other Disposition of Certain Rifles

    • Applicable only to FFLs located in California, Arizona, New Mexico, and Texas
    • Required when transferring two or more semi-automatic rifles, greater than 22 caliber, within five consecutive business days to a non-licensee
    • Required contents:
      • Name and address of the transferee
      • Number of rifles transferred
      • Date rifles were transferred
      • Name, and address of FFL

    Theft or Loss of Firearms

    • Licensees must report the theft or loss of a firearm from the licensee's inventory or collection within 48 hours after the theft or loss is discovered

    • Must report to their local law enforcement agency as well### NFA Firearms Transfers

    • Transfers of NFA firearms require approval on ATF Form 4 and payment of a transfer tax ($200 per firearm, except for any other weapons, which is $5).

    • The Form 4 must include information about the firearm, transferor, and transferee.

    NFA Violations

    • Violations of the NFA are punishable by up to 10 years imprisonment, a fine of up to $250,000, or both.
    • The statute of limitations for NFA violations is 3 years.

    Interstate Transportation of NFA Firearms

    • Only licensees can transport NFA firearms in interstate or foreign commerce without specific authorization from ATF.
    • Non-licensees must file a request and receive approval from ATF prior to transportation.

    Restrictions on Disclosure of NFA Information

    • Information obtained from NFA applications, registrations, or records cannot be used as evidence against the person in a criminal proceeding, except in cases of furnishing false information.
    • NFA registration or lack thereof is considered tax return information and is restricted from disclosure under 26 U.S.C.§ 6103, with certain exceptions.

    NFA Forms Review

    • Form 1: Application to Make and Register a Firearm (for individuals)
    • Form 2: Notice of Firearms Manufactured or Imported (for licensees)
    • Form 3: Tax Exempt Transfer (between two SOT taxpayers)
    • Form 4: Tax Paid Transfer (for tax paid transfers; commonly used by individuals purchasing NFA weapons)
    • Form 5: Tax Exempt Transfer
    • Form 9: Application and Permit for Permanent Exportation of Firearms
    • Form 10: Application for Registration of Firearms (for registration of seized weapons by government/police departments)
    • Form 20: Application to transport interstate or temporarily export (rarely used)

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    Description

    This quiz covers the Federal firearms laws and regulations related to the manufacture, importation, sale, and transfer of firearms and ammunition by the regulated industry. It tests your understanding of the Gun Control Act (GCA) and National Firearms Act (NFA).

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