Long title | An Act to regulate commerce in firearms. |
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Acronyms (colloquial) | FFA |
Nicknames | Federal Firearms Act |
Enacted by | the 75th United States Congress |
Effective | June 30, 1938 |
Citations | |
Public law | Pub. L. 75–785 |
Statutes at Large | 52 Stat. 1250 |
Legislative history | |
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The Federal Firearms Act of 1938 (FFA) imposed a federal license requirement on gun manufacturers, importers, and persons in the business of selling firearms. The term federal firearms licensee (FFL) is used to refer to those on whom the license requirement is imposed. [1] "FFL" is also used to refer to the license itself. [2]
In addition to the licensing component of the FFA, the law required licensees to maintain customer records, and it made illegal the transfer of firearms to certain classes of persons, such as convicted felons. These classes of persons are commonly referred to as "prohibited persons." The circumstances resulting in the prohibition (such as a felony conviction) are often referred to as "disabilities." The FFA was repealed by the Gun Control Act of 1968 (GCA), though many of its provisions were reenacted as part of the GCA, which revised the FFA and its predecessor, the National Firearms Act of 1934 (NFA). [1]
The FFA was enforced by the Alcohol Tax Unit, one of the precursors of the Bureau of Alcohol, Tobacco, Firearms and Explosives. [3]
The National Firearms Act (NFA), 73rd Congress, Sess. 2, ch. 757, 48 Stat. 1236 was enacted on June 26, 1934, and currently codified and amended as I.R.C. ch. 53. The law is an Act of Congress in the United States that, in general, imposes an excise tax on the manufacture and transfer of certain firearms and mandates the registration of those firearms. The NFA is also referred to as Title II of the federal firearms laws, with the Gun Control Act of 1968 ("GCA") as Title I.
The Gun Control Act of 1968 is a U.S. federal law that regulates the firearms industry and firearms ownership. Due to constitutional limitations, the Act is primarily based on regulating interstate commerce in firearms by generally prohibiting interstate firearms transfers except by manufacturers, dealers and importers licensed under a scheme set up under the Act.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE), commonly referred to as the ATF, is a domestic law enforcement agency within the United States Department of Justice. Its responsibilities include the investigation and prevention of federal offenses involving the unlawful use, manufacture, and possession of firearms and explosives; acts of arson and bombings; and illegal trafficking and tax evasion of alcohol and tobacco products. The ATF also regulates via licensing the sale, possession, and transportation of firearms, ammunition, and explosives in interstate commerce. Many of the ATF's activities are carried out in conjunction with task forces made up of state and local law enforcement officers, such as Project Safe Neighborhoods. The ATF operates a unique fire research laboratory in Beltsville, Maryland, where full-scale mock-ups of criminal arson can be reconstructed. The ATF had 5,285 employees and an annual budget of almost $1.5 billion in 2021. The ATF has received criticism over its handling of the Ruby Ridge siege, the Waco siege and other incidents.
In the United States, a gun show is an event where promoters generally rent large public venues and then rent tables for display areas for dealers of guns and related items, and charge admission for buyers. The majority of guns for sale at gun shows are modern sporting firearms. Approximately 5,000 gun shows occur annually in the United States.
The Firearm Owners' Protection Act (FOPA) of 1986 is a United States federal law that revised many provisions of the Gun Control Act of 1968.
A Federal Firearms License (FFL) is a license in the United States that enables an individual or a company to engage in a business pertaining to the manufacture or importation of firearms and ammunition, or the interstate and intrastate sale of firearms. Holding an FFL to engage in certain such activities has been a legal requirement within the United States since the enactment of the Gun Control Act of 1968. The FFL is issued by the Bureau of Alcohol, Tobacco, Firearms, and Explosives
A Firearms Transaction Record, or ATF Form 4473, is a seven-page form prescribed by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) required to be completed when a person proposes to purchase a firearm from a Federal Firearms License (FFL) holder, such as a gun dealer.
The National Instant Criminal Background Check System (NICS) is a background check system in the United States created by the Brady Handgun Violence Prevention Act of 1993 to prevent firearm sales to people prohibited under the Act. The system was launched by the Federal Bureau of Investigation (FBI) in 1998. Under the system, firearm dealers, manufacturers or importers who hold a Federal Firearms License (FFL) are required to undertake a NICS background check on prospective buyers before transferring a firearm. The NICS is not intended to be a gun registry, but is a list of persons prohibited from owning or possessing a firearm. By law, upon successfully passing the background check, the buyer's details are to be discarded and a record on NICS of the firearm purchase is not to be made. However as an FFL holder, the seller is required to keep a record of the transaction.
Gun show loophole, also called the private sale exemption, is a political term in the United States referring to the sale of firearms by private sellers, including those done at gun shows, that do not require the seller to conduct a specific federal background check of the buyer. Under U.S. federal gun law, any person may sell a firearm to a federally unlicensed resident of the state where they reside, as long as they do not know or have reasonable cause to believe that the person is prohibited from possessing firearms, and as long as the seller is not "engaged in the business" of selling firearms.
Short-barreled rifle broadly refers to any rifle with an unusually short barrel. The term carbine describes a production rifle with a reduced barrel length for easier handling in confined spaces. Concern about concealment for illegal purposes has encouraged regulations specifying minimum barrel lengths and overall lengths.
In the United States, the right to keep and bear arms is modulated by a variety of state and federal statutes. These laws generally regulate the manufacture, trade, possession, transfer, record keeping, transport, and destruction of firearms, ammunition, and firearms accessories. They are enforced by state, local and the federal agencies which include the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Title II weapons, or NFA firearms, are designations of certain weapons under the United States National Firearms Act (NFA).
Report of Multiple Sale or Other Disposition of Pistols and Revolvers, or ATF Form 3310.4, is a form prescribed by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) for use by firearm dealers holding a Federal Firearms License (FFL) to report when an unlicensed person purchases or acquires two or more handguns at one time or during five consecutive business days.
The Montana Firearms Freedom Act is a state statute that sought to exempt firearms manufactured in Montana from federal regulation under the interstate commerce and supremacy clauses of the United States Constitution.
eTrace is an Internet-based firearm trace request submission system, developed by the United States' federal government, Bureau of Alcohol, Tobacco, Firearms and Explosives, that provides for the electronic exchange of traced firearm data in a secure internet-based environment. Participating law enforcement agencies with access to the internet can acquire 24/7 real-time capabilities to electronically submit firearm trace requests, monitor the progress of traces, retrieve completed trace results, and to query firearm trace related data in Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) firearms registration database at the National Tracing Center. Firearms tracing is the systematic tracking of the movement of a firearm from its creation by the manufacturer or its introduction into U.S. commerce by the importer, through the distribution chain to the first retail purchase. Release 4.0, a bilingual version of eTrace was deployed in December, 2009 for the benefit of Spanish-speaking countries.
The National Tracing Center (NTC) of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is the sole firearms tracing facility in the United States. It provides information to provide foreign (international), federal, state and local law enforcement agencies with suspects for firearm crime investigations, detect suspected firearms traffickers, and track the intrastate, interstate and international movement of firearms. Congressional restrictions are in place to prevent the release of firearms trace information to anyone other than law enforcement agencies, however, this restriction does not apply to participating foreign countries or agencies. The only restriction is by Memorandum of Understanding (MOU) signed by the agency receiving ATF's eTrace software.
Special Occupational Taxpayers are a group of Federal Firearm Licensees in the United States who manufacture, import and/or transfer NFA weapons. The National Firearms Act Special Occupational Taxpayer class is part of the Internal Revenue Code of 1986.
Gun laws in Wisconsin regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Wisconsin.
Gun laws in Massachusetts regulate the sale, possession, and use of firearms and ammunition in the Commonwealth of Massachusetts in the United States. These laws are among the most restrictive in the entire country.
A homemade firearm, also called a ghost gun or privately made firearm, is a firearm made by a private individual, in contrast to one produced by a corporate or government entity. The term "ghost gun" is used mostly in the United States by gun control advocates, but it is being adopted by gun rights advocates and the firearm industry.