Community > Posts By > Stellar007

 
Stellar007's photo
Sun 04/29/18 11:04 AM

A Firearms Transaction Record, or Form 4473, is a form promulgated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in the United States Department of Justice that is filled out when a person purchases a firearm from a Federal Firearms License (FFL) holder (such as a gun shop).

To purchase a firearm in America, you have to complete the ATF Form 4473. Then a federal firearms license (FFL) can: Contact the National Instant Criminal Background Check System (NICS) through a state government contact who conducts NICS checks.

Form 4473 contains name, address, date of birth, government-issued photo ID, National Instant Criminal Background Check System (NICS) background check transaction number, and a short affidavit stating that the purchaser is eligible to purchase firearms under federal law. It contains make, model, or serial number on page three of the six page form. Lying on this form is a felony and can be punished by up to five years in prison.

1. No guns for felons.
2. No guns after misdemeanor criminal domestic violence convictions and no guns during the time that a DVPO is in effect.
3. The federal gun ban includes some people who are only under indictment.
4. No guns for drug users.
5. If someone was barred by federal law from possessing a gun (because they were a convicted felon, a drug addict, etc.), they were not allowed to possess a gun even in their own home or business as a matter of federal law.
6. it shall be unlawful for any convicted felon to "to purchase, own, possess, or have in his custody, care, or control any firearm or any weapon of mass death and destruction." The statute goes on to define the term "firearm" by borrowing the federal definition found in 18 U.S.C. § 921(a)(3): "any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive." The term "firearm" also includes the frame of a weapon and silencers. The length of the gun is now irrelevant; whether long or short, it cannot be possessed by a felon.
7. The federal gun laws prohibit possession of "any firearm or ammunition." 18 U.S.C. § 922(g). "Ammunition" is defined as "cartridge cases, primers, bullets, or propellant powder designed for use in any firearm." 18 U.S.C. § 921(a)(17)(A).
8. Ignorance of the law is no excuse.
9. 18 U.S.C. §§ 921(a)(20) and (a)(33)(B)(ii) say that "[a]ny conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of" the federal gun ban. To determine whether someone's civil right to own a gun has been restored, federal courts "look to the law of the jurisdiction of conviction .

The dealer also records all information from the Form 4473 into a required "bound-book" called an "Acquisition and Disposition Log.[5] A dealer must keep this on file at least 20 years, and is required to surrender the log to the ATF upon retirement from the firearms business. The ATF is allowed to inspect, as well as request a copy of, the Form 4473 from the dealer during the course of a criminal investigation. In addition, the sale of two or more handguns to a person in a five-day period must be reported to ATF on Form 3310.4.

If a person purchases a firearm from a private individual who is not a licensed dealer, the purchaser is not required in most states to complete a Form 4473. Some states (such as California and Colorado) require individual sellers to sell through dealers.

These forms are given the same status as a tax return under the Privacy Act of 1974 and cannot be disclosed by the government to private parties or other government officials except in accordance with the Privacy Act. Individual dealers possessing a copy of the form are not subject to the Privacy Act's restrictions on disclosure.

In 2016, ATF made several changes to the form, including adding a warning statement that the use of marijuana is illegal under federal law, regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where the transferee/buyer resides.


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Known as the "gun show loophole," most states do not require background checks for firearms purchased at gun shows from private individuals -- federal law only requires licensed dealers to conduct checks. ... Some states' requirements are limited only to handgun purchases.

http://www.atf.gov/firearms/atf-form-4473-firearms-transaction-record-revisions

“Warning: Any person who exports a firearm without proper authorization may be fined not more than $1,000,000 and/or imprisoned for not more than 20 years See 22 U.S.C. 2778(c).”

Instruction for Question 16 (Formerly Question 18): Clarifies that frames and receivers cannot be transferred to anyone who is not a resident of the State where the transfer is to take place.

Firearms Rulings
http://www.atf.gov/rules-and-regulations/firearms-rulings

Any person (including any corporation or other legal entity) engaged in the business of performing machining, molding, casting, forging, printing (additive manufacturing) or other manufacturing process to create a firearm frame or receiver, or to make a frame or receiver suitable for use as part of a "weapon … which will or is designed to or may readily be converted to expel a projectile by the action of an explosive," i.e., a "firearm," must be licensed as a manufacturer under the GCA; identify (mark) any such firearm; and maintain required manufacturer’s records. A business (including an association or society) may not avoid the manufacturing license, marking, and recordkeeping requirements of the GCA by allowing persons to perform manufacturing processes on firearms (including frames or receivers) using machinery or equipment under its dominion and control where that business controls access to, and use of, such machinery or equipment. ATF Ruling 2010-10 is clarified.


A manufacturer licensed and qualified under the GCA and NFA may manufacture and maintain an inventory of machineguns for future sale to Federal, State, or local government agencies without a specific government contract or official request; provided, the machineguns are properly registered, and their subsequent transfer is conditioned upon and restricted to the sale or distribution of such weapons for the official use of Federal, State, or local government agencies. A manufacturer may deliver machineguns it has manufactured to another qualified manufacturer for any manufacturing process; provided, the first manufacturer maintains continuous dominion or control over the machineguns. A manufacturer may transfer machineguns it has manufactured for present or future sale to a Federal, State, or local government agency to another qualified manufacturer for any manufacturing processes or storage; provided, the manufacturer has a specific government contract or official written request documenting that it is an agent of the government agency requesting and authorizing such transfer. ATF Ruling 2004-2 is clarified.


2010-6 - State of Residence (97.66 KB)
For the purpose of acquiring firearms under the GCA, a U.S. citizen who temporarily resides in a foreign country, but also demonstrates the intention of making a home in a particular State, is a resident of the State during the time period he or she actually resides in that State. The intention must be demonstrated to a Federal firearms licensee by presenting valid identification documents.

2006-2 - Classification of Devices Exclusively Designed to Increase the Rate of Fire of a Semiautomatic Firearm (67.72 KB)
The NFA and GCA definition of machinegun includes a part or parts designed and intended for use in converting a weapon into a machinegun. This language includes a device that, when activated by a single pull of the trigger, initiates an automatic firing cycle that continues until the finger is released or the ammunition supply is exhausted.

Certain integral devices intended to diminish the report of paintball guns are not “firearm silencers” or “firearm mufflers” under the Gun Control Act of 1968 or the National Firearms Act.

2002-6 - Identification of Firearms, Armor Piercing Ammunition, and Large Capacity Ammunition Feeding Devices (67.75 KB)

In accordance with 27 CFR 178.92 and 27 CFR 179.102, identification of firearms, armor piercing ammunition, and large capacity ammunition feeding devices, the terms "conspicuously" and "legibly" as used therein mean, respectively, that the markings are wholly unobstructed from plain view and that the markings contain exclusively Roman letters and Arabic numerals.

2001-5 - Identification of Transferee (17.92 KB)
Licensees may accept a combination of valid government-issued documents to satisfy the identification document requirements of the Brady Act under certain conditions. An active duty member of the Armed Forces is a resident of the State in which his or her permanent duty station is located, and may satisfy the identification document requirement by presenting his or her military identification card along with official orders showing the permanent duty station as within the State where the licensed premises are located.

1980-20 - Rifle Bore Tasers as Firearms (23.39 KB)
A hand-held device with a hand grip bent at an angle to the bore and having a rifled bore which is designed to expel, by means of an explosive, two electrical contacts (barbs) connected by two wires to a high voltage source within the device is classified as a firearm. ATF Rul. 76-6 is amplified.

1976-15 - Acquisition and Disposition of Pawned Firearms (51.13 KB)
Certain reporting and recordkeeping requirements of pawnbrokers are explained.

1975-7 - Small Caliber Penguns (50.38 KB)
A small caliber weapon ostensibly designed to expel only tear gas, similar substances, or pyrotechnic signals, which may readily be converted to expel a projectile by means of an explosive, classified as a firearm.

Listing of Federal Firearms Licensees (FFLs) - 2016
http://www.atf.gov/firearms/listing-federal-firearms-licensees-ffls-2016

Federal Firearms License (FFL) Types
Type Description
01 Dealer in Firearms Other Than Destructive Devices (Includes Gunsmiths)
02 Pawnbroker in Firearms Other Than Destructive Devices
03 Collector of Curios and Relics
06 Manufacturer of Ammunition for Firearms
07 Manufacturer of Firearms Other Than Destructive Devices
08 Importer of Firearms Other Than Destructive Devices
09 Dealer in Destructive Devices
10 Manufacturer of Destructive Devices
11 Importer of Destructive Devices

Firearm forms library
http://www.atf.gov/resource-center/forms-library

ATF has developed an electronic regulations website at http://regulations.atf.gov designed to make regulations easier to read, understand and navigate. This new interaction format provides additional information that clarifies regulations by providing quick links to definitions, regulatory history, and future proposed changes to the regulations.

Current Regulations

Title 27 CFR Chapter II, Part 447 — Importation of Arms, Ammunition and Implements of War.

Title 27 CFR Chapter II, Part 478 — Commerce in Firearms and Ammunition

Title 27 CFR Chapter II, Part 479 — Machine Guns, Destructive Devices, and Certain Other Firearms


This is just a SMALL SAMPLE of the stuff one the government websites.
Its enough to drive a 'person' insane.

Plus, on top of all that, some of you want to increase the regulations to be even stricter.
Do a revision and it sets many changes in motion.
The Gun Control laws are already complex.

If anything, it should be revised to be reader friendly.
The six page form has many non-effective superfluous sections.
Information is required for things that have no bearing on whether a person is qualified to buy a gun.

I think (my opinion), is that everything needs to be rewritten to apply to the conditions present in society now.

One thing is sure.
People arguing both sides should read up on the reality of gun control.
Good luck with that.

After posting a small sample of what it pertains to, I just don;t care about the controls and regulations anymore.

The only real solution is to make sure gun owners understand the laws and comply with them.
But, criminals will get guns no matter what the law says.

The issue is not the guns.
The issue is the one holding and squeezing the trigger.


Sorry about the large post.
I did have a reason for posting it.
Gun Control already exists and it is extremely complex.


Very good information! Great response, great job!

Stellar007's photo
Sat 04/28/18 01:49 AM
Your opinions are moot..

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Pretty clear..

Stellar007's photo
Fri 04/27/18 09:26 PM
Edited by Stellar007 on Fri 04/27/18 09:27 PM


Yes msharmony but gun ownership is minimal here plus you can't carry!
We have had people who were certified ok then gone mad so it's hard to regulate the future of someone's mental health.
And as thatsme says. A criminal will get a gun or anything else if they want to kill.


thats true, and thieves will steal, and crooks will embezzle, but the laws are what make them criminals and make prosecution possible, and the knowledge of that possibility may at least be deterring those who might otherwise do more than just consider it.




UK just doesn't have the same level of gun violence rates and mass shooting rates, so something is working. If we cant duplicate the culture, we can at least find things we can duplicate.


Look if you don't want a gun, don't buy one!

Don't ever think that because you lack the discipline or courage to own a weapon that such a pathetic existence should apply to everyone else.

No one cares about your references to the UK, and perhaps if you weren't so partisan you would acknowledge the fact that the UK has more assault instances with knives and other weapons than we have gun related homicides here in the USA.

I really despise people who think like the poster above.

Stellar007's photo
Thu 04/26/18 11:32 PM




So banning guns is the solution? Yeah... Tell me how well that worked for heroin and meth. Both banned and illegal yet easier to get than ANY firearm and responsible for 10 times more deaths. Firearms are used defensably more than a millions times a year yet the mainstream media never reports on that. Its all a numbers game . inflate the numbers and delete others so we can achieve our political agenda. In a proud vet and gun owner. If they want to ban them... Come and get them. Just be careful... The barrel may be hot.


I do not believe there is any serious legislation or momentum behind a desire to 'ban guns'. No one in this thread has suggested guns be 'banned' either.
yea, Hitler didnt suggest it either till he banned and confiscated them...it always starts slow...


yeah, like Hitler 'suggested' a register for Jews ... guess we should watch out for Trumps muslim gas chambers ...






Stellar007's photo
Thu 04/26/18 11:30 PM
I have been to one of Trump's gas chambers... FYI



We got kicked out after our first night... rofl

Technically I'm banned from the Trump International Las Vegas, according to the front desk... but according to the General manager it's only the security manager who can ban people... so I am still trying to figure out what exactly that means for myself...

Stellar007's photo
Thu 04/26/18 10:55 PM
Where are all the threads in the deep end of this pool?

It says something like 2-4 million post for some of these forums, yet when I go back 1700 or so pages it's just blank?


Stellar007's photo
Thu 04/26/18 10:49 PM
Is it wrong that I'm craving a Jello Pudding Pop?

:tongue:

Stellar007's photo
Thu 04/26/18 10:34 PM
Love the cigarette Stan!

I think imma have to go retro with mine now! LOL

Stellar007's photo
Thu 04/26/18 10:24 PM
Edited by Stellar007 on Thu 04/26/18 10:25 PM
Maybe I missed the memo, because I am new and all...

But what ever happened to Mingle1?

rofl

Stellar007's photo
Thu 04/26/18 03:34 PM


I don't believe I seen many of you on DH, yet I was there for 5 years.

Then again I was mostly in the Current Events and Politics area..


Hey, stellarflowers good to see you!!


Hey Apple, LONG time no see! Where you been?

Stellar007's photo
Thu 04/26/18 03:33 PM


I don't believe I seen many of you on DH, yet I was there for 5 years.

Then again I was mostly in the Current Events and Politics area..
look forward to seeing you post stellar . Mingle is a small community but we do have a political section . A warm hello from
New Zealand waving


Thanks, I'll be seeing you around I'm sure.

Stellar007's photo
Thu 04/26/18 03:21 PM
I don't believe I seen many of you on DH, yet I was there for 5 years.

Then again I was mostly in the Current Events and Politics area..

Stellar007's photo
Thu 04/26/18 02:56 PM



Welcome Shawn.

Settle in and read a bit. Forum rules are a good start. They has mods here. :D


Thanks Stan, I'll read them.


Hello boys! I see some familiar faces. :-)


Hey there Hasel, long time no see!

Your high heel is look'n good!

Stellar007's photo
Thu 04/26/18 02:45 PM
smokin