Conduct of business 2b

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Questions and Answers

Who is allowed to transport firearms across state lines?

Only a licensee (correct)

Only a law enforcement officer

Only a member of the U.S. Armed Forces

Any person

What is the purpose of the ATF Form 6?

To report firearms sales

To apply for a firearms license

To register firearms

To apply for permission to import firearms, ammunition, and defense articles (correct)

Who may import firearms or ammunition for personal use under certain circumstances?

A member of the U.S. Armed Forces (correct)

A licensed importer only

Any U.S. citizen

A non-licensee only

What is one exception to the general rule that only licensees may import firearms?

For scientific or research purposes Signup and view all the answers

What type of firearm may be imported as a curio or museum piece?

Unserviceable firearms, excluding machineguns Signup and view all the answers

What is a requirement for importing firearms or ammunition?

Filing an ATF Form 6 Signup and view all the answers

What is one type of firearm that may be imported?

Rifles or shotguns listed as curios or relics Signup and view all the answers

What is a circumstance under which a person may import a firearm or ammunition?

If they were previously taken out of the U.S. by the person importing Signup and view all the answers

Which of the following defense articles are subject to import controls under the AECA?

Tanks and military vehicles Signup and view all the answers

What is required for the lawful export of a firearm?

A license from the State Department Signup and view all the answers

What records must an FFL keep?

All of the above Signup and view all the answers

Who must be licensed under the GCA?

Persons engaged in the business of manufacturing, importing, and dealing in firearms, and importing or manufacturing ammunition Signup and view all the answers

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

A NICS check Signup and view all the answers

What can a dealer from out-of-state do at a gun show?

All of the above Signup and view all the answers

When can a person legally take possession of an NFA firearm?

After ATF NFA Branch has approved the transfer Signup and view all the answers

What is the tax amount to engage in business as a dealer of firearms?

$500 Signup and view all the answers

What items, other than firearms and ammunition, are subject to the import permit requirement of the AECA?

Defense articles Signup and view all the answers

What must an FFL do with their records when they go out of business?

Transfer the records to a successor or deliver the records to the ATF Out-of-Business Records Center Signup and view all the answers

What was the purpose of the Firearms Evaluation Panel (FEP) created in 1968?

To provide guidelines for the implementation of the sporting purposes test Signup and view all the answers

What was the first meaningful analysis of rifles or shotguns under the sporting purposes test?

The evaluation of the Striker-12 shotgun in 1984 Signup and view all the answers

Why was the importation of the Striker-12 shotgun denied in 1984?

Because it was not suitable for sporting purposes Signup and view all the answers

What was the outcome of the denial of importation of the USAS-12 shotgun in 1986?

The denial was upheld in court Signup and view all the answers

What led to the reevaluation of the importability of semiautomatic assault rifles in 1989?

The proliferation of semiautomatic assault-type rifles and their increased use in crime Signup and view all the answers

What is exempt from the GCA?

Firearms brought into the United States by a nonresident for sporting purposes and taken out at conclusion of visit Signup and view all the answers

What is the purpose of the Arms Export Control Act (AECA)?

To control the importation of defense articles into the United States Signup and view all the answers

What is prohibited by the AECA?

The importation of surplus military firearms or ammunition of United States manufacture furnished to foreign governments Signup and view all the answers

What is an exception to the AECA?

The importation of curio or relic firearms certified to be owned by the foreign government to which they were furnished Signup and view all the answers

What form must non-immigrant aliens complete and submit when bringing firearms into the United States for sporting purposes?

ATF F 6 NIA Signup and view all the answers

Study Notes

Importation of Firearms and Ammunition

Generally, it is unlawful for anyone other than a licensee to transport into or receive in a state any firearm purchased or otherwise obtained outside that state (18 U.S.C.§ 922(a)(3)).
Criteria for importation of firearms, ammunition, and firearms barrels is found in 18 U.S.C.§ 925(d).
Licensed importers and other licensees who make an occasional importation for a non-licensee for personal use must file an ATF Form 6, which must be approved prior to importation and presented to U.S. Customs for release.

Sporting Purpose Test

In 1968, Congress created the Firearms Evaluation Panel (FEP) to provide guidelines for implementation of the sporting purposes test (18 U.S.C.§ 925(d)(3)).
FEP developed a factoring criteria used for evaluating imported handguns, including overall length, caliber, safety features, and frame construction.
Evaluation sheet, ATF Form 4590, was put into use for evaluating handguns pursuant to 18 U.S.C.§ 925(d)(3).

Exceptions to the Gun Control Act (GCA)

Importations exempt from the GCA include:
- Imports for the United States or any state.
- Firearms brought into the United States by a nonresident for sporting purposes and taken out at conclusion of visit.
- Firearms or ammunition previously taken out of the United States.
- Distinguished foreign visitors designated by the Department of State.
- Foreign law enforcement officers on official business.

Arms Export Control Act (AECA)

The AECA gives the President broad authority to control the importation of "defense articles" (including firearms and ammunition) in furtherance of world peace and the security and foreign policy of the United States.
Regulations implementing the AECA are contained in 27 CFR Part 447.
Defense articles subject to import controls under the AECA include:
- Howitzers and mortars
- Launch vehicles, missiles, rockets, torpedoes, bombs, and mines
- Warships, amphibious warfare vessels, mine sweeping equipment, and naval propulsion plants
- Tanks and military vehicles
- Military aircraft
- Chemical agents (e.g., tear gas), biological agents, and equipment for detection and defense against such items (e.g., gas masks)
- Nuclear weapons
- Submersible vessels
- Forgings and castings for defense articles (includes firearms forging or casting if it has reached a stage of manufacture where it is identifiable as a defense article).

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Description

Import Controls under the Gun Control Act (GCA), covering unlawful transportation and receipt of firearms, and importation criteria for licensees and non-licensees.