Gun Control Act of 1968

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Questions and Answers

What is the main focus of Section 921 of the Gun Control Act of 1968?

Most of the GCA's definitions (correct)

Licensing requirements

Penalty provisions

Most of the GCA's crimes

Where can you find regulations that provide guidance on undefined terms in the GCA?

The White Book

Code of Federal Regulations (CFR) (correct)

Part 478 of the Statutes

Section 922 of the GCA

What is the main focus of Section 922 of the Gun Control Act of 1968?

Most of the GCA's crimes (correct)

Exceptions to the GCA

Licensing requirements

Most of the GCA's definitions

Who is required to obtain a license under the GCA?

People who engage in the business of dealing, manufacturing, or importing firearms Signup and view all the answers

What is the main focus of Section 923 of the Gun Control Act of 1968?

Licensing provisions Signup and view all the answers

What is the main focus of Section 924 of the Gun Control Act of 1968?

Penalty provisions and other important provisions Signup and view all the answers

What is the intent element in GCA crimes?

Mens rea Signup and view all the answers

Who is generally not restricted by the GCA provisions?

Government actors (Federal, state, and local) Signup and view all the answers

What is the purpose of the 'relief' application under Section 925?

To lift the restriction on firearms for individuals who are not likely to act in a manner dangerous to public safety Signup and view all the answers

According to 18 U.S.C.§ 926A, what is required for transporting a firearm for any lawful purpose?

The firearm must be unloaded and not readily accessible during transportation Signup and view all the answers

What is the main purpose of 18 U.S.C.§ 926B?

To allow qualified law enforcement officers to carry concealed firearms Signup and view all the answers

What does 18 U.S.C.§ 927 imply about State laws regarding firearms?

State laws can be more restrictive than Federal law, but not contradictory Signup and view all the answers

What is the main purpose of 18 U.S.C.§ 930?

To make it a crime to knowingly possess a firearm in a Federal facility Signup and view all the answers

What is restricted by the Gun Control Act?

The possession of firearms by prohibited persons Signup and view all the answers

What is the main purpose of 18 U.S.C.§ 929?

To regulate the use of restricted ammunition Signup and view all the answers

What is the main purpose of 18 U.S.C.§ 931?

To restrict the possession of body armor by convicted felons Signup and view all the answers

What is the main purpose of the licensing provisions in the Gun Control Act?

To license the manufacture and importation of ammunition Signup and view all the answers

What is the main purpose of the ATF in relation to the Gun Control Act?

To deny or grant relief to individuals seeking relief from disabilities due to a longstanding Federal Congressional appropriations restriction Signup and view all the answers

Study Notes

Introduction to the Gun Control Act of 1968

Contained in 18 U.S.C. sections 921-931

Section 921: Definitions

Contains most of the GCA's definitions
Examples: full definition of firearm and ammunition
Other sources of law, including Part 478 of the Code of Federal Regulations (CFR), may provide additional guidance

Section 922: Crimes

Contains most of the GCA crimes, applying to both licensees and nonlicensees
Subsections of § 922(g) are highlighted

Section 923: Licensing

Licenses are required for people who "engage in the business" of dealing, manufacturing, or importing firearms
Includes qualifications to become a licensee, application procedures, and responsibilities of Federal firearms licensees (FFLs)

Section 924: Penalty Provisions

Penalty provisions for § 922 crimes
Other GCA crimes, including § 924(c) and § 924(a) (1)(A)
Additional definitions, including forfeiture provisions
Mens rea is the intent element (knowingly or willfully, depending on the offense)
Armed Career Criminal Act enhancement (18 U.S.C.§ 924(e))

Section 925: Exceptions to the Gun Control Act

The Government and Government actors are generally not restricted by GCA provisions, except for § 922(g)(9) (MCDV) and § 922(P) (undetectable firearms)
Relief from disabilities to individuals is not granted or denied by ATF due to a Federal Congressional appropriations restriction

Sections 926-931: Additional Provisions

18 U.S.C.§ 926A: Interstate transportation of firearms
18 U.S.C.§ 926B: Carrying of concealed firearms by qualified law enforcement officer
18 U.S.C.§ 927: Effect on State law
18 U.S.C.§ 929: Use of restricted ammunition
18 U.S.C.§ 930: Federal facilities
18 U.S.C.§ 931: Body armor/affirmative defenses

Ammunition Regulation

Ammunition is not generally regulated by ATF under the licensing provisions
Records must be kept for armor-piercing ammunition
A license must be obtained to manufacture or import ammunition
Age restrictions apply to the sale of ammunition

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Description

Exploring the structure of the Gun Control Act of 1968, including definitions and regulations. Learn about the primary definitions of firearms and ammunition, and how to find guidance in other sources of law.