FAs - Conduct of Biz Part 1
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Questions and Answers

What is the primary purpose of the lesson?

  • To learn how to manufacture firearms
  • To become a Federal firearms licensee
  • To understand Federal firearms laws and regulations (correct)
  • To learn how to sell firearms

    • Who is prohibited from selling firearms or ammunition under 18 U.S.C. 922(d)?

  • Anyone, including Federal firearms licensees (correct)
  • Only Federal firearms licensees
  • Only those under 18 years old
  • Only individuals convicted of a crime

    • What is one type of person subject to Federal firearms disabilities under 18 U.S.C. 922(g) and (n)?

  • Persons who are 18 years old
  • Persons convicted of a traffic violation
  • Persons who are U.S. citizens
  • Persons convicted in any court of a crime punishable by imprisonment for a term exceeding one year (correct)

    • What is a consequence for Federal firearms licensees who violate the law?

    <p>Fines, suspension, and revocation of license</p> Signup and view all the answers

    What is a requirement for a Federal firearms license?

    <p>Meeting certain qualifications and requirements</p> Signup and view all the answers

    What is a type of offense that can be committed by Federal firearms licensees?

    <p>Potential criminal offenses</p> Signup and view all the answers

    What is the relevance of the Gun Control Act to governmental entities?

    <p>The Gun Control Act applies to governmental entities</p> Signup and view all the answers

    What is a provision of the Gun Control Act?

    <p>Granting relief from Federal firearms disabilities</p> Signup and view all the answers

    What is the purpose of Section 925(a)(1) of the GCA?

    <p>To specifically prevent persons convicted of misdemeanor crimes of domestic violence from exemption.</p> Signup and view all the answers

    What is required for a government employee convicted of a felony offense to be exempt from being considered a prohibited person?

    <p>The employee must be acting within the scope of their official duties.</p> Signup and view all the answers

    What is the requirement for a law enforcement officer seeking to acquire a firearm for official purposes?

    <p>The officer must provide a certification on agency letterhead stating that the officer will use the firearm in official duties.</p> Signup and view all the answers

    What is the definition of 'engaged in the business' under the GCA?

    <p>Engaging in the business of importing, manufacturing, or dealing in firearms with the principal objective of livelihood and profit.</p> Signup and view all the answers

    What type of Federal firearms license includes gunsmiths?

    <p>Type 01/02 - Dealer, including Pawnbroker, in Firearms Other Than Destructive Devices.</p> Signup and view all the answers

    What is the minimum age requirement for a Federal firearms license applicant?

    <p>21 years of age or older.</p> Signup and view all the answers

    What is a requirement for a Federal firearms license applicant?

    <p>The applicant must not be prohibited from transporting, shipping, or receiving firearms or ammunition.</p> Signup and view all the answers

    What is a requirement for a Federal firearms license applicant?

    <p>The applicant must have not willfully violated any of the provisions of 18 U.S.C. Chapter 44.</p> Signup and view all the answers

    What is required for a Federal firearms license applicant?

    <p>The applicant must have a premises in a state from which he conducts business (or collecting).</p> Signup and view all the answers

    What is the purpose of 18 U.S.C.§ 923(a)?

    <p>To make it unlawful for any person to engage in the business of importing, manufacturing, or dealing in firearms without a license.</p> Signup and view all the answers

    Under what circumstances can ATF revoke a license?

    <p>When the licensee violates the background check provisions</p> Signup and view all the answers

    What is the maximum fine for NICS violations under 18 U.S.C.§ 922(t)(5)?

    <p>$5,000</p> Signup and view all the answers

    What is the maximum suspension period for secure gun storage or safety device violations?

    <p>Six months</p> Signup and view all the answers

    How long does an applicant/licensee have to request a hearing after receiving a notice of denial, revocation, suspension, or fine?

    <p>15 days</p> Signup and view all the answers

    Who is considered a fugitive from justice?

    <p>A person who has fled from a state to avoid prosecution or giving testimony in a criminal proceeding.</p> Signup and view all the answers

    What happens if no hearing is requested after a notice of denial, revocation, suspension, or fine?

    <p>The licensee is issued a final notice of revocation, suspension, and/or fine</p> Signup and view all the answers

    What is the definition of a controlled substance?

    <p>A substance that is defined in section 102 of the Controlled Substances Act (21 U.S.C.§ 802).</p> Signup and view all the answers

    What can an aggrieved applicant/licensee do if they disagree with the denial, revocation, suspension, or fine?

    <p>File a petition for de novo review with the United States district court</p> Signup and view all the answers

    What is the term for a person who has been adjudicated as a mental defective or who has been committed to a mental institution?

    <p>A person who has been adjudicated as a mental defective or who has been committed to a mental institution.</p> Signup and view all the answers

    Who is allowed to possess firearms in the United States?

    <p>A person who is a United States citizen and has not been convicted of a felony.</p> Signup and view all the answers

    Who is responsible for the acts of their agents or employees?

    <p>The licensee</p> Signup and view all the answers

    What happens to a licensee who is indicted for a felony during the term of the license?

    <p>They can continue operations under their existing license</p> Signup and view all the answers

    What is the term for a person who has been convicted of a misdemeanor crime of domestic violence?

    <p>A person who has been convicted of a misdemeanor crime of domestic violence (MCDV).</p> Signup and view all the answers

    Who is exempt from complying with the Gun Control Act?

    <p>The United States, states, political subdivisions of states, and their departments or agencies.</p> Signup and view all the answers

    What happens if a licensee becomes prohibited during the term of a license?

    <p>Their license is subject to revocation</p> Signup and view all the answers

    What is the term for a person who has renounced their U.S. citizenship?

    <p>A person who has renounced their U.S. citizenship.</p> Signup and view all the answers

    What is the purpose of the hearing arranged by the DIO?

    <p>To review a notice of denial, revocation, suspension, or fine</p> Signup and view all the answers

    What is the term for a person who is subject to certain domestic restraining orders?

    <p>A person who is subject to certain domestic restraining orders.</p> Signup and view all the answers

    What is the term for a person who is under indictment for a crime punishable by imprisonment for a term exceeding 1 year?

    <p>A person who is under indictment for a crime punishable by imprisonment for a term exceeding 1 year.</p> Signup and view all the answers

    What is the exception to the Governmental Entities exception?

    <p>A person who has been convicted of a misdemeanor crime of domestic violence (MCDV).</p> Signup and view all the answers

    What is a 'transfer' for purposes of 18 U.S.C.§ 922(t)?

    <p>Consignment sales/returns</p> Signup and view all the answers

    What is an exception to the NICS check?

    <p>An alternative permit presented, which allows the person to possess or acquire a firearm</p> Signup and view all the answers

    What is required prior to the transfer of a firearm to an unlicensed person?

    <p>A NICS check</p> Signup and view all the answers

    What is a requirement for a Federal firearms license applicant?

    <p>The applicant must pass a background check</p> Signup and view all the answers

    What is a provision of the Gun Control Act?

    <p>The provision allowing relief from Federal firearms disabilities</p> Signup and view all the answers

    What is a type of offense that can be committed by Federal firearms licensees?

    <p>All of the above</p> Signup and view all the answers

    What is a requirement for the return of a repaired or replacement firearm?

    <p>The firearm must be of the same kind and type</p> Signup and view all the answers

    What is an exception to the requirement for a NICS check?

    <p>NFA firearms approved for transfer by ATF</p> Signup and view all the answers

    What must an applicant for a license as a dealer certify regarding secure gun storage or safety devices?

    <p>They will be available at any place in which firearms are sold under the license to nonlicensees.</p> Signup and view all the answers

    What is a circumstance under which a firearms license may be revoked?

    <p>The licensee has willfully violated any provision of the GCA.</p> Signup and view all the answers

    What must an applicant certify regarding the business to be conducted under the license?

    <p>The business is not prohibited by state or local law.</p> Signup and view all the answers

    What is an example of establishing willfulness in a violation of the GCA?

    <p>Prior notice that the activity was improper.</p> Signup and view all the answers

    What is a circumstance under which a firearms license may be revoked, in addition to willful violations of the GCA?

    <p>The licensee fails to have secure gun storage or safety devices available.</p> Signup and view all the answers

    What is required of an applicant for a Federal firearms license?

    <p>The applicant must send a notice to the CLEO of the locality in which the premises are located.</p> Signup and view all the answers

    What is a circumstance under which a firearms license may be revoked, in addition to willful violations of the GCA?

    <p>The licensee knowingly transfers a firearm to an unlicensed person and knowingly fails to comply with the background check provisions.</p> Signup and view all the answers

    What is a type of evidence that may be used to establish willfulness in a violation of the GCA?

    <p>Statements or admissions indicating a purposeful disregard or plain indifference to the law.</p> Signup and view all the answers

    What is a circumstance under which a firearms license may be revoked, in addition to willful violations of the GCA?

    <p>The licensee sells, delivers, or transfers any handgun to an unlicensed person without providing the transferee with a secure gun storage or safety device.</p> Signup and view all the answers

    What is the primary reason for the revocation of firearms licenses?

    <p>The commission of willful violations of the GCA and/or its regulations.</p> Signup and view all the answers

    What is the primary outcome for a licensee who incurs a disability under Chapter 44?

    <p>The licensee can continue licensed operations during the pendency of the application.</p> Signup and view all the answers

    When does ATF initiate criminal investigations against an FFL?

    <p>When an FFL is engaging in activities such as dealing in stolen or contraband firearms.</p> Signup and view all the answers

    What is a felony offense committed by an FFL?

    <p>All of the above.</p> Signup and view all the answers

    What is the punishment for an FFL knowingly making a false entry in, or failing to make an appropriate entry in, or failing to properly maintain, any record?

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

    What is the effective date of the interim provision of the Brady Handgun Violence Prevention Act?

    <p>February 27, 1994</p> Signup and view all the answers

    What is the result of the implementation of the permanent provision of the Brady Handgun Violence Prevention Act?

    <p>All of the above.</p> Signup and view all the answers

    What is the primary purpose of the Brady Handgun Violence Prevention Act?

    <p>To establish an 'instant' check system for conducting background checks prior to firearms being transferred to unlicensed persons by a firearms licensee.</p> Signup and view all the answers

    What is the consequence of a licensee incurring a disability under Chapter 44?

    <p>The licensee may file an application for removal of such disabilities and continue licensed operations during the pendency of the application.</p> Signup and view all the answers

    What is the relevance of the appropriations restrictions imposed by Congress?

    <p>They do not preclude issuance of relief of a timely filed relief application.</p> Signup and view all the answers

    What is the consequence of a willful failure to report multiple sales or theft/loss?

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

    Study Notes

    Federal Firearms Laws and Regulations

    • The Gun Control Act (GCA) regulates the manufacture, importation, sale, and transfer of firearms and ammunition by Federal Firearms Licensees (FFLs).

    Disabilities and Relief from Disabilities

    • The following persons are prohibited from possessing firearms:
      • Convicted felons
      • Fugitives from justice
      • Unlawful users of controlled substances
      • Persons adjudicated as mental defectives or committed to a mental institution
      • Aliens illegally or unlawfully in the United States
      • Persons dishonorably discharged from the Armed Forces
      • Persons who have renounced their U.S. citizenship
      • Persons subject to certain domestic restraining orders
      • Persons convicted of misdemeanor crimes of domestic violence
      • Persons under indictment for a crime punishable by imprisonment for a term exceeding one year
    • A person subject to a disability may seek relief from the disability, but a Congressional appropriations ban has been in place since 1992 for all individuals except corporations.

    Governmental Entities Exception

    • Governmental entities, including the United States, states, and political subdivisions, are exempt from complying with the Gun Control Act, except for employees convicted of misdemeanor crimes of domestic violence.

    Licensing

    • A person must file an application and receive a license from the Attorney General to engage in the business of importing, manufacturing, or dealing in firearms or ammunition.
    • Types of federal firearms licenses include:
      • Dealer, including pawnbroker, in firearms
      • Manufacturer of ammunition
      • Manufacturer of firearms
      • Importer of firearms
      • Collector of curios and relics
      • Dealer in destructive devices
      • Manufacturer of destructive devices
      • Importer of destructive devices
    • To qualify for a license, an applicant must:
      • Be 21 years of age or older
      • Not be prohibited from transporting, shipping, or receiving firearms or ammunition
      • Not have willfully violated the GCA or its regulations
      • Not have made false statements or failed to disclose material information
      • Have a premises in a state from which to conduct business
      • Certify that the business will comply with state and local laws
      • Send a notice to the chief law enforcement officer of the locality in which the premises are located

    Revocation of Licenses

    • The Attorney General may revoke a license for:
      • Willful violations of the GCA or its regulations
      • Failing to have secure gun storage or safety devices available
      • Willfully transferring armor-piercing ammunition
      • Willfully transferring a firearm to an unlicensed person without a background check
      • Violating the secure gun storage or safety device requirements
    • To establish willfulness, ATF may consider:
      • Prior notice of violations
      • Statements or admissions indicating a purposeful disregard for the law
      • Inherently willful activities, such as falsifying documents
      • A prior criminal or compliance history
      • Actions designed to obstruct or interfere with law enforcement activity

    Suspensions and Fines

    • Licenses may be suspended or have a civil fine imposed for:
      • Willfully transferring a firearm without a background check
      • Violating the secure gun storage or safety device requirements
    • Suspension periods and fine amounts are specified in the GCA.

    License Proceedings

    • A licensee may request a hearing to review a denial, revocation, suspension, or fine.
    • The Director of Industry Operations arranges the hearing, and a final agency decision is made.
    • An aggrieved licensee may file a petition for de novo review with the United States district court for the district in which they reside or have their principal place of business.

    Criminal Offenses by Licensees

    • ATF has a policy of initiating criminal investigations only when an FFL engages in activities such as dealing in stolen or contraband firearms, knowingly supplying firearms to prohibited persons or violent offenders, or willful violations that result in firearms being acquired by prohibited persons.
    • Criminal offenses committed by licensees include:
      • Making false statements or representations
      • Willful sale or delivery of firearms without recording the transferee's name, age, and residence
      • Willful failure to report multiple sales or theft/loss
      • Falsifying records or failing to maintain required records
      • Selling or delivering firearms to prohibited persons
      • Selling or delivering firearms to underage persons### Brady Handgun Violence Prevention Act
    • Enacted following the assassination attempt on President Ronald Reagan, which wounded the President and resulted in permanent disabilities for his press secretary, James Brady
    • Aims to establish an "instant" check system for conducting background checks prior to firearms being transferred to unlicensed persons by a firearms licensee

    Interim Brady (February 27, 1994 - November 30, 1998)

    • Codified at 18 U.S.C.§ 922(s)
    • Sunset on November 30, 1998, upon implementation of the "permanent provision" of the law and the National Instant Criminal Background Check System (NICS)

    Permanent Brady (Effective November 30, 1998)

    • Codified at 18 U.S.C.§ 922(t)
    • Requires federally licensed manufacturers, importers, and dealers to contact NICS prior to the transfer of any firearm to an unlicensed person
    • Transfer can only occur if the licensee receives a unique identification number approving the transfer or waits 3 business days without notification that the transfer would violate 18 U.S.C.§ 922(g) or (n) or State law

    What Constitutes a "Transfer" for NICS Purposes

    • Pawn redemptions are considered "transfers" for NICS purposes
    • Consignment sales/returns are considered "transfers" for NICS purposes
    • The return of a repaired or replacement firearm of the same kind and type to the person who provided the firearm to the licensee is not a "transfer" for NICS purposes and does not require a NICS check

    NICS Check Exceptions

    • Presentation of an alternative permit that allows possession or acquisition of a firearm and has been issued within the last 5 years
    • NFA firearms approved for transfer by ATF where the transferee is an individual or responsible person of a partnership, company, association, trust, or corporation
    • Compliance with NICS has been certified impracticable

    Review Objectives

    • Identify Federal firearms disabilities imposed by 18 U.S.C.§ 922(d), (g), and (n)
    • Identify the Gun Control Act provision that authorizes the granting of relief from Federal firearms disabilities
    • Explain the application of the Gun Control Act to governmental entities
    • List types of firearms licenses and describe the types of activities that require a person/entity to obtain a license
    • Identify the qualifications for a Federal firearms license
    • Identify potential criminal offenses by Federal firearms licensees
    • Identify the requirements of the Brady law

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    Description

    This quiz covers the Federal firearms laws and regulations related to manufacturing, importing, selling, and transferring firearms and ammunition. It assesses understanding of the Gun Control Act (GCA) and National Firearms Act (NFA).

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