Understanding US Gun Law

[jhungary]

After seeing many post regarding how US are gun crazy after seeing those shooting in the US. I have long decided to write this post to act as a education tool on US Firearms Law and System to service the Firearms.

Being a FFL Type 1 and Type 2 Holder myself (With SOT 3 Stamp due to my previous Government/LE connection) I was permitted to Deal Firearms within my States. So I think I am best try to share the Gun Law in the US with all you lots. Notice that this post is about Gun Law in Federal Level, Where as a person still have to satisfy weapon law in their local states in order to obtain a legal firearms. For all local firearms issue, please do contact your local state police or LEA agency near you.

US Gun Law - Did they really exist?

Contrary to popular belief, US have gun law in federal level. The Gun Control system in the US is based upon 3 legislations

• National Firearms Act 1934
• Federal Firearms Act 1938
• Gun Control Act 1968

Basically almost all law known today (Including the famous Pre-Post Automatic weapon ban)are amendment from these 3 laws.

National Firearms Act 1934 (Era of registration)

National Firearms Act (commonly known as NFA) is the mother of all Firearm Act in the US. Borne after the Gangland shootout and murder, NFA was written into law on June 28 1934.

The Law basically affect Gun Control law in the US in 2 ways.

• A national registration system
• The creation of Title 2 Firearms.

Prior to NFA, there are no registration required for any sort of weapon being sold on market. Weapons such as Machine Gun and Concealed Shotgun were mostly used by Gangster which obtained legally (Well, there are no illegal firearms back then as long as you pay for it) The NFA is written into law to combat that.
NFA require a registration database and a ground work system for a Federal License for Dealer (by the way of Special Stamp Tax (now known as SOT), which outline the law against "Prohibited" weapon
Title 2 NFA Article included

• Machine Guns - Defined as weapon that fire in automatics
• Short Barrel Rifle - Barrel Length less than 16 inch or Overall Length less than 26 inch
• Short Barrel Shotgun - Basically Sawn-Off Shotgun of all type < 16 inch barrel or overall length less than 26 inch
• Silencer/Suppressor
• Destructive Device - Covers Grenade, Grenade Launcher, mine, bomb and Missile.
• Any Other Weapon - Specialist Custom Made Weapon.

Federal Firearms Act 1938 (Era of Licensing)

Federal Firearms Act 1938 (FFA) passed into law on June 30, 1938, basically established a framework for Firearms Trading Business and licensing the dealer. A permit of sort are required by Alcohol Tax Unit (Processor of BATFE) for any trading of firearms locally or out of states.

This Law have been created in response to the Registration system raised on NFA 1934. Where the Dealer themselves are now being regulated, that effectively cut irresponsible sale of firearms by Federalizing Firearms dealer.

Another direct result is that Firearms dealer dealing NFA item are required to maintain a record of customer. Basically stopped the Firearms dealer to transfer their firearms to prohibited person by documenting the customer.

Gun Control Act - 1968 (Era of Refinement)
Responding to the assassination of JFK, a further tighten of Firearm Control started debating on the US Senate. The GCA was passed into law on October 22 1968.

The basis of the law focusing on one part. Which is mail order firearms. (Which Harvey Lee Oswald uses mail order from NRA magazine to obtain the rifle that shot and killed JFK.

The GCA also look into Firearms that have no sporting usage and the act would look at the possibility to ban such weapon from sale and procession.

Effectively, this law affect another 2 aspect of Firearms in the US

1.) A FFL system is refined and now all individual purchase of firearm require a face to face meeting.
2.) A Ban on non-sporting Firearms import (title 2 firearms as defined in NFA)

While the introduction of FFL (Federal Firearms License) system aimed to lower interstate firearms smuggle business, it also help dealer determine the use of firearms for potential buyer. Now with interstate transfer of a firearm have to go thru a licensed dealer, before a person can obtain firearms from out of state or overseas, this effectively give the FFL holder a chance to "Interview" the prospective buyer before selling the firearms to the buyer.

Another effect is similar to most gun law in other country, BATF added the sporting course on the Firearms import/transfer (Out of state), which limited the sale/import of firearms to genuine reason (Sport Shooting and Hunting) effectively banned the importation of Title 2 Firearms to general public, as they are not included on the reason to import said Firearms.

Effectively, banned all title 2 firearms from importing into the US, where as item already exist in US continue to be legal to transfer/purchase/own by private individual.

While the Gun Law stopped at this law in 1968, the law, however, was amended by the Firearm Owner Protection Act in 1986.

Basic changes are as follow :

• Registration for Non-NFA weapon are unlinked
• Interstate Trade of NFA article relaxed, NFA Article, with the exception of Machine Guns are free to trade interstate.
• Total Ban on Machine Guns ownership manufactured after the amendment. (Also known as Post-1986 Ban)
• Mail Order firearms for individual are allowed for non-NFA article.(Known as Title 1)
• Transfer of NFA article in general are governed by BATFE via Form 4 transfer.

The amendment are known to target power abuse for ATF agent and their entrapment to normal gun owner. On the other hand the FOPA also tighten control of NFA article, albeit freely trade individually. And totally banned machinegun ownership after that point. Which shape the modern Gun Law in the US. With the exception of Assault Weapon Ban, which was repealed in 2004, there are no change of the Gun Law since 1986.

So, What Can I can under the current Gun Law?

For a normal person, under Federal Law, you are not require to registered with the BATF for Title 1 Firearms (Which cover Rifle/Shotgun/Pistol that does not appear in Title 2) So, under the federal law, any person who are not deemed "prohibited" can obtain firearms legally without proper procedure, however, Title 1 Firearms are generally governed by local State Government. In federal level, there are no law with it except a National Firearms Database established since NFA 1934. Owner information do not link to the database.

For Title 2 Article, things are a bit tricky.

First of all, individual can still own NFA article (with the exception of Machine Guns) however, to own a NFA item, first they would need a CLEO recommendation or reference and bring that with Form 4 to BATF, pay the $200 transfer fee, do a extensive background check and put your name on the registration list. Then you are good to own a NFA item.

NFA item included but not limited to:

• Grenade and Grenade Launcher (Fragmentation Grenade or 37/40mm Grenade)
• Landmine
• Combat Shotgun
• Short Barrel Rifle (Semi-Auto)
• Sawn-Off Shotgun
• Rocket Propelled Grenade
• Missile Launcher
• Anti-Material Rifle (over .50 BMG)

Bear in mind for each transferable item a $200 tax and registration is payable to BATF. So If you want to own a M203 Launcher, you can do so by paying $2000 for a launcher and $200 ATF transfer stamp. And subsequently, every round of 40mm M203 ammo are liable to $200 tax each. So 6 x 40mm grenade itself will cost more than the M203 Launcher which will cost you about $2400 for 6 40mm grenade
The same happen to ammunition to other NFA article.

For Machine Gun. There are 3 type of Machine Guns that's give out since the FOPA 1986

1. Fully Transferable Machine Gun - Fully Automatic weapon that were transferred via Form 4 on or before May 19, 1986.
2. Pre-86 Dealer Sample - Fully Automatic weapon that made before May 19, 1986 but were not transferred from FFL ownership after May 19, 1986.
3. Post-86 Dealer Sample - Fully Automatic weapon that made after May 19, 1986.

Now, the law get even more confused. So I will try to explain to you in detail.

An Individual can only buy a Machine Gun that was transferred to Civilian Ownership after 1986, hence if a Machine Gun have done the transfer from FFL to Civilian Ownership after 1986, it then become free to own by civilian. The for these weapon is Fully Transferable.

Which mean an Individual, without FFL and SOT can own this weapon as with other NFA article. Pay $200 transfer tax to BATF, pass a background check, and have CLEO (Chief Law Enforcement Officer) endorsement from your state, then you can own a Fully Transferable Machine Gun.

Now, for the Pre-86 Machine Gun Dealer sample. Since the transfer have not been completed. And BATF will not open any new registration number for new Automatic Weapon but just transfer existing number into new individual, individual without a FFL will not be able to own this type of weapon. A person have to have FFL/SOT to own this weapon as license dealer demo.

However, since this exist with FFL category, so, if your FFL loses SOT endorsement, you will not need to give up this weapon as long as your FFL is maintained. You are still legal to own Pre-86 Dealer Sample even if you lose the LEA/Governmental Connection (SOT)

For the Post-86 Dealer Sample. A SOT have to accompanied with your FFL to own Post-86 Dealer Sample. An transfer of this type of Firearms are only limited to SOT payer, Law Enforcement and Governmental Agency. SOT require either Federal Government Endorsement or Local LEA endorsement as they are selected to provide firearms solution to Federal or State Government. A dealer if loses the SOT endorsement have to transfer the Post-86 weapon out to another Dealer with SOT 1/2/3 or Any Governmental Agency or LEA.

 

[jhungary]

@DESERT FIGHTER I wrote this one with you on my mind, you said you want to get some Auto M4 from the US? This is the information you probably will need.

 

[VCheng]

So, under the federal law, any person who are not deemed "prohibited" can obtain firearms legally without proper procedure, however, Title 1 Firearms are generally governed by local State Government. In federal level, there are no law with it except a National Firearms Database established since NFA 1934. Owner information do not link to the database.

Thank you for that informative post, but as you point out, local and state governments add their own laws, which actually prevail over individuals residing in a state. Conceal carry laws add another layer, as do state-to-state recognition of licences and transportation across state lines. Last, but not least, exports of firearms are controlled under different laws as well.

Clear as mud, the whole situation.

 

[jhungary]

Thank you for that informative post, but as you point out, local and state governments add their own laws, which actually prevail over individuals residing in a state. Conceal carry laws add another layer, as do state-to-state recognition of licences and transportation across state lines. Last, but not least, exports of firearms are controlled under different laws as well.

Clear as mud, the whole situation.

True........

But since I neither have time, nor knowledge to cover all 50 state, which have a lot different law state-wide (I am not a walking data base lol)

But just to show some people Guns are not as "easy" to get as you want to think, especially for those people who never actually lived in the US. Like they can pick up an Auto AK-47 just on the corner gunshop

Problem is, while law can control people who buy/sell firearms legally, most of the time, firearms used to commit crime (Apart from Sidearms or Handguns) are obtained illegally. Fact is, I used to have both FFL and SOT stamp, and let me tell you this, FFL T-1 and T-2 (dealer and pawnbroker) license is quite hard to get already, you have to have a DBA, a business registration, a place to do business with, the place also require zoning permission. Then you can deal Title 1 firearms. If you want to deal Title 2 NFA, you have to have a US Government or LEA connection. Which is extremely hard.

But people don't see that, they see the sheer volume of illegal AK or AR-15, then they say,yes, American are gun crazy. and blah, blah, blah about our gun law. Without knowing they are actually tight already. Plus those same people usually accuse me Not being an American for refusing to do spell check or grammar check or I am not being American enough to know anything........

This post is for them and again for desert fighter as he told me once he wanted to import a post-86 NFA, for that he need a FFL with SOT 1 with ITAR exemption.

 

[untitled]

You also hear a lot that anyone can buy a gun from gun shows in Texas or some other state legally without a back ground check

How true is that?

 

[jhungary]

You also hear a lot that anyone can buy a gun from gun shows in Texas or some other state legally without a back ground check

How true is that?

It is and it isn't.

While it is true that both Federal and State of Texas does not require individual sale (Gun show is not a venue sale as no place of business are recorded, hence no regulation) and Only FFL license holder require to keep check on who bought their guns. So Yes, you do not need a background check to purchase a firearms privately in a Gun Show in Texas, and if you are buying from a Dealer in a Gun show, then Yes, you are required by Federal Law (As part of your FFL requirement) you are require to perform a background check on the people who buy from you.

But most gun show now require background check as a policy to hold gun show, and well, it really depend from venue to venue

More about Gun Show and background check can be find here

Gun Show Background Checks State Laws

 

[senheiser]

what to understand about it? American police can shoot everybody they want thats all there is to understand.