Podcast
Questions and Answers
Who is allowed to transport firearms across state lines?
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?
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?
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?
What is one exception to the general rule that only licensees may import firearms?
What type of firearm may be imported as a curio or museum piece?
What type of firearm may be imported as a curio or museum piece?
What is a requirement for importing firearms or ammunition?
What is a requirement for importing firearms or ammunition?
What is one type of firearm that may be imported?
What is one type of firearm that may be imported?
What is a circumstance under which a person may import a firearm or ammunition?
What is a circumstance under which a person may import a firearm or ammunition?
Which of the following defense articles are subject to import controls under the AECA?
Which of the following defense articles are subject to import controls under the AECA?
What is required for the lawful export of a firearm?
What is required for the lawful export of a firearm?
What records must an FFL keep?
What records must an FFL keep?
Who must be licensed under the GCA?
Who must be licensed under the GCA?
What is required prior to the transfer of a firearm to an unlicensed person?
What is required prior to the transfer of a firearm to an unlicensed person?
What can a dealer from out-of-state do at a gun show?
What can a dealer from out-of-state do at a gun show?
When can a person legally take possession of an NFA firearm?
When can a person legally take possession of an NFA firearm?
What is the tax amount to engage in business as a dealer of firearms?
What is the tax amount to engage in business as a dealer of firearms?
What items, other than firearms and ammunition, are subject to the import permit requirement of the AECA?
What items, other than firearms and ammunition, are subject to the import permit requirement of the AECA?
What must an FFL do with their records when they go out of business?
What must an FFL do with their records when they go out of business?
What was the purpose of the Firearms Evaluation Panel (FEP) created in 1968?
What was the purpose of the Firearms Evaluation Panel (FEP) created in 1968?
What was the first meaningful analysis of rifles or shotguns under the sporting purposes test?
What was the first meaningful analysis of rifles or shotguns under the sporting purposes test?
Why was the importation of the Striker-12 shotgun denied in 1984?
Why was the importation of the Striker-12 shotgun denied in 1984?
What was the outcome of the denial of importation of the USAS-12 shotgun in 1986?
What was the outcome of the denial of importation of the USAS-12 shotgun in 1986?
What led to the reevaluation of the importability of semiautomatic assault rifles in 1989?
What led to the reevaluation of the importability of semiautomatic assault rifles in 1989?
What is exempt from the GCA?
What is exempt from the GCA?
What is the purpose of the Arms Export Control Act (AECA)?
What is the purpose of the Arms Export Control Act (AECA)?
What is prohibited by the AECA?
What is prohibited by the AECA?
What is an exception to the AECA?
What is an exception to the AECA?
What form must non-immigrant aliens complete and submit when bringing firearms into the United States for sporting purposes?
What form must non-immigrant aliens complete and submit when bringing firearms into the United States for sporting purposes?
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.
