FEDERAL FIREARMS LAWS

FEDERAL FIREARMS LAWS

The following information regards Federal firearms laws only. This information is not meant to offer legal advice. For exact information contact your attorney or local ATF office. Most States have some firearms laws. Contact your State and local law enforcement officers about local firearms laws. All persons must comply with the Federal and State firearms laws. Violations can result in severe penalties. See FindLaw to read specific statutes and regulations. See ATF and NRA for further information. The sections of law cited are from Title 18 of the United States Code, e.g. 18 U.S.C. Section § 922(g), unless otherwise described.

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A. INDIVIDUAL FEDERAL FIREARMS RIGHTS & RESTRICTIONS

1. 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, The Second Amendment to the United States Constitution, 1791

In 2008, the U.S. Supreme Court held in District of Columbia v. Heller that the Second Amendment prohibits the Federal government from passing laws prohibiting an individual's right to possess a hand gun in the home and requiring any firearms in the home to be inoperable during possession.

However, the Court held that the Second Amendment right is not unlimited; that the Federal government may enact some restrictions on firearms possession, such as: prohibitions on carrying concealed weapons, possession by felons and the mentally ill, possession in schools or government buildings, the conditions and qualifications on the commercial sale of arms, possession of dangerous and unusual weapons (e.g., machine guns), and that this list is not intended to be exhaustive.

In 2010, the U.S. Supreme Court held in McDonald v. Chicago that the Second Amendment through the Fourteenth Amendment, also prohibits States and political subdivisions (e.g., cities) from prohibiting an individual's right to possess a hand gun in the home; but, as in the Heller case, State laws may restrict possession of firearms by felons, etc.

Definition of a Firearm, The Gun Control Act of 1968, 18 U.S.C 921 (a)(3):

(A) 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; or (B), the frame or receiver of any such weapon; or (C), any firearm muffler or firearm silencer; or (D), any destructive device.

Such term does not include an antique firearm, as defined in Section 921 (a)(16), e.g., an antique ignition system firearm (e.g., matchlock, flintlock, percussion cap, etc.); or a firearm made in or before1898, etc.

Pursuant to the National Firearms Act of 1934 and the Gun Control Act of 1968, an American citizen (and certain legal alien, see later sections) may possess firearms and ammunition on his person, in his home, in his business, and in his vehicle during intrastate and interstate travel, except:

a. Inside or on federal property, § 930, exceptions exist.

b. Inside an airliner’s cabin, 49 U.S.C. § 46505.

c. Before delivering a firearm or ammunition to a common or contract carrier

(e.g., bus, airline) for transportation in interstate or foreign commerce to a non-licensee

the person must first notify the carrier in writing that the firearm or ammo is present, 922e.

d. In or within 1,000 feet of a school zone, 922 (q), exceptions exist.

e. May not send concealable firearms through the U.S. mail, § 1715, exceptions exist.

f. May not make, receive, possess, transfer, deliver, import, or ship an undetectable firearm, 922(p)

g. May not make, possess, transfer, etc., certain firearms, such as: sawed-off shotguns, sawed-off rifles, machine guns, silencers, etc., (see Section E, below) unless they are registered with the Bureau of Alcohol, Tobacco, Firearms and Explosives, Washington, D.C.

h. May not import or export firearms without the federal government's permission, Section , numbers 9 - 11.

2. Travel in Interstate Commerce with Firearm – A person is entitled to transport a firearm for any lawful purpose, from one State where his firearms possession is legal to another State where his firearms possession is legal, and the firearms may not be seized by State or local Police if:

a. During the transportation the firearm is unloaded, and neither the firearm nor any ammo being transported is readily or directly accessible from the passenger compartment, or

b. In the case of a vehicle without a compartment separate from the driver’s compartment the firearm and ammo shall be contained in a locked container other than the glove compartment or console.

§ 926A, see also Article VI, U.S. Constitution, Supremacy Clause

3. Long Gun Possession

a. Possess - A person of any age may possess a LG (rifle, shotgun).

b. Purchase - A person of any age may purchase a LG from a non- licensee (not a gun dealer) who resides in the same State as the purchaser.

c. Gift / Loan - A person of any age may receive a LG as a gift or a loan from a non-licensee who resides in the same State as the recipient.

d. Outside State of Residency - A person may not receive a LG from a non-licensee who resides in another State, except by:

1) Will or intestate succession, § 922 (a)(5)(A) giver, § 922 (a)(3)(A), receiver, or

2) Temporary loan or rental for lawful sporting purposes, § 922 (a)(5)(B), or

3) The non-resident may send or deliver the long gun to a Federal Firearms Licensee (FFL) in the receiver’s State for purchase from the FFL, §922 (a)(2)(A)(unless the recipient State bans that type firearm)

e. It is a felony violation to willfully violate the residency laws: § 922 (a)(5) transferor’s violation, § 922 (a)(3) receiver’s violation, up to 5 years in prison.

4. Hand Gun Possession

a. A person under 18 years of age is a juvenile under Federal law and may not possess a handgun or handgun only ammo, §§ 922 (x)(2), (x)(3), & (x)(5), but exceptions exist, see Section C.11.

b. Possess - A person 18 years of age or older may possess a HG (pistol, revolver).

c. Purchase - A person 18 years of age or older may purchase a HG from a non-licensee (not a gun dealer) who resides in the same State as the purchaser.

d. Gift / Loan- A person 18 years of age or older may receive a HG as a gift or loan from a non-licensee who resides in the same State as the recipient.

e. Outside State of Residency - A person may not receive a HG from a non-licensee who resides in another State, except by:

1) Will or intestate succession, § 922 (a)(5)(A) giver, § 922 (a)(3)(A) receiver, or

2) Temporary loan or rental for lawful sporting purposes, § 922 (a)(5)(B), or

3) The non-resident may send or deliver the HG (see § 1715, HGs non-mailable) to an FFL in the receiver’s State for purchase from the FFL, § 922 (a)(2)(A).(unless the recipient State bans that type hand gun)

f. It is a felony violation to willfully violate the residency laws: § 922 (a)(5) transferor’s violation, § 922 (a)(3) receiver’s violation, up to 5 years in prison.

5. Long Gun Acquired From FFL (Licensed Gun Dealer)

a. Purchase in State of Residency - A person 18 years of age or older may purchase a long gun from a:

1) FFL located in the buyer’s State of residence, § 922 (b)(1), or

2) FFL at a gun show in a State where the FFL is licensed and the buyer is a resident, § 923 (j), or

3) FFL via the U.S. Mail in a State where the FFL is licensed and buyer is a resident, 922(c).

b. Purchase Outside State of Residency - A person 18 years of age or older may purchase a long gun anywhere U.S.A. from a:

1) FFL if purchased in person at the FFL’s premises, or in person from an FFL at a gun show in a State where the FFL is licensed, and if the sale is lawful in both States, §§ 922 (b)(1) & (b)(3)(A).

c. Firearms Transaction Record, ATF Form 4473 – FFL must complete a Form 4473 for the sale of any firearm to a non-licensee (this form is not required for sales between two FFLs):

1) A potential purchaser must state on Form 4473 his name, address, date of birth, place of birth, height, weight, gender, race, prohibited person status (Section C), and sign it.

2) The FFL must describe on Form 4473 each firearm to be sold, its manufacturer, model number, serial number, type (shotgun, rifle), and caliber or gauge § 923 (g)(1)(A), 27 C.F.R. § 478.124

d. False Statements - It is a felony violation to knowingly make a false statement or show a false identification to an FFL: § 922 (a)(6), 10 years or § 924 (a)(1)(A), 5 years.

e. Records - It is a felony violation for an FFL to willfully fail to maintain a detailed record of a firearms purchaser, § 922 (b)(5), 5 years, or a misdemeanor violation to knowingly maintain false records or fail to make appropriate records, § 922 (m), 1 year.

f. Criminal Background Check - FFL must notify the FBI or State authorities of the purchaser’s identification so a criminal background check can be completed before the firearm is transferred to the purchaser, § 922 (t), 1 year. If the potential purchaser is a prohibited person, the FFL may not transfer the firearm, § 922 (d), 10 years.

g. Loan / Rental of LG – FFL may temporarily loan or rent a LG for temporary use for lawful sporting purposes to a resident or non-resident § 922 (b)(3)(B), who is 18 years or older § 922 (b)(1), who is not a prohibited person § 922 (d), who is not a prohibited alien §§ 922 (a)(9) & (y)(2), and must conduct a criminal background check if the LG is taken off the premises, § 922 (t).

h. Legal Aliens – FFL may sell a LG to a legal immigrant (permanent resident on green card) or legal non-immigrant on a visa with an exception (§ 922(y), current valid State hunting license or DOJ waiver) if the alien is a resident of a State and gives his alien number or admission number which has been issued by the U.S. Department of Homeland Security, § 922 (a)(9).

6. Hand Gun Acquired From FFL (Licensed Gun Dealer)

a. Purchase in State of Residency - A person 21 years of age or older may purchase a hand gun from a:

1) FFL located in the buyer’s State of residence, § 922 (b)(1), or

2) FFL at a gun show which is located in a State where the FFL is licensed and the buyer is a resident, § 923 (j), or

3) FFL via U.S. Mail in a State where the FFL is licensed and the buyer is a resident, § 922(c), only if the transaction also complies with § 1715 (only certain persons are qualified to send or receive HGs in the U.S. Mail).

b. Purchase Outside State of Residency - A person may not purchase a handgun from an FFL whose premises are located in a State where the buyer does not reside.

(Legal: have FFL #1 send the HG to FFL#2 in the receiver’s State for purchase from FFL #2)

c. It is a felony violation to willfully violate the residency laws: §§ 922 (a)(2), 922 (b)(3) FFL’s violation, § 922 (a)(3) receiver’s violation, 5 years in prison.

d. Firearms Transaction Record, ATF Form 4473 – FFL must complete Form 4473 for the sale of any firearm to a non-licensee.

1) A potential purchaser must state on Form 4473 his name, address, date of birth, place of birth, height, weight, gender, race, prohibited person status (Section C), and sign it.

2) The FFL must describe on Form 4473 each firearm to be sold, its manufacturer, model number, serial number, type (pistol, revolver) and caliber, § 923 (g)(1)(A), 27 C.F.R. § 478.124.

e. False Statements - It is a felony violation to knowingly make a false statement or show false identification to an FFL: § 922 (a)(6) 10 years or § 924 (a)(1)(A) 5 years.

f. Records- It is a felony violation for an FFL to willfully fail to maintain a detailed record of a firearms purchaser: § 922(b)(5) 5 years; or a misdemeanor to knowingly maintain false records or fail to keep records: § 922 (m) 1 year.

g. Criminal Background Check - FFL must notify the FBI or State authorities of the purchaser’s identification so a criminal background check can be completed before the firearm is transferred, § 922 (t) 1 year. If a potential purchaser is prohibited, the FFL may not transfer the firearm, § 922 (d), 10 years

h. Loan / Rental of HG – FFL may temporarily loan or rent a HG for temporary use for lawful sporting purposes to a resident or non-resident § 922 (b)(3)(B), who is 21 years or older § 922 (b)(1), who is not a prohibited person § 922 (d), and who is not a prohibited alien, §§ 922 (a)(9) & (y)(2), and must conduct a criminal background check if the HG is taken off the premises, § 922 (t). Example: shooting range.

i. Legal Alien – FFL may sell a HG to a legal immigrant (permanent resident on green card) or legal non-immigrant on a visa with an exception (§ 922 (y), current valid State hunting license or DOJ waiver) if the alien proves he is a resident of the same State as the FFL and gives his alien number or admission number which has been issued by the U.S. Department of Homeland Security, §§ 922(a)(9), 922(d)(5)(B), 922(g)(5)(B), see § 478.11 for definition of “State of residence”

7. Ammunition – Definition, § 921(a)(17)

a. A non-prohibited person may acquire ammo in any State from an FFL or a non-licensee.

b. FFL may not sell ammo to a person under 18 years of age or hand gun ammo to a person under 21 years of age, § 922 (b)(1).

c. Hand Gun Armor Piercing Ammo (APA), definition § 921 (a)(17)(B)&(C).

1) Illegal for any person to manufacture or import APA unless it is for the United States, exportation or testing authorized by the U.S. Attorney General, § 922 (a)(7), 5 years.

2) Illegal for manufacturer or importer to sell or deliver APA unless it is for the United States, exportation or testing authorized by the U.S. Attorney General, § 922 (a)(8), 5 years.

8. Making Own Firearm & Ammo - A person may make his own firearm and ammunition; however…

a. If a person intends to make a National Firearms Act firearm, he must first obtain approval from ATF, see E. Prohibited Firearms. Knowing violation: 26 U.S.C. § 5861, 10 years.

b. If a person intends to engage in the firearms business, he must first be licensed by ATF as a FFL. Willful violation: § 922 (a)(1)(A), 5 yrs.

c. A person may not assemble a non-sporting semiautomatic rifle or shotgun from imported parts prohibited by § 925 (d)(3). Willful violation, § 922 (r), 5 yrs.

d. Armor Piercing Ammo – see 7c, above.

e. Illegal to make, receive, possess, transfer, deliver, ship, or import an undetectable firearm, 922p

9. Importation of Firearms - A person may import certain firearms into the U.S. with the prior approval from ATF. See § 925 for firearms importable and not importable. Violation, § 922 (l), 5 years.

10. Leaving & Returning U.S. With Firearm - A person may take a firearm out of the U.S. and return the firearm to the U.S. by completing Customs Form 4457 upon departing.

11. Exportation - A person may export certain firearms from the U.S. with the prior approval from the Department of State (Munitions List, 27 C.F.R. Part 447) or the Department of Commerce (sporting shotguns), willful violation 22 U.S.C. § 2778, 10 years; knowing violation 18 U.S.C. 554, 10 years.

12. Aliens

a. Legal Immigrant on a Visa (permanent resident with a green card) – May possess firearms and ammo; may purchase firearms from an FFL after establishing residency in a State, 27 C.F.R. §478.11, definition for "State of residence".

b. Legal Non-Immigrant on a Visa -Prohibited from possessing a firearm or ammo, § 922(g)(5) 10 years, unless an exception or waiver exists under § 922 (y)(2)&(3); if a non-immigrant has an exception or waiver, he must establish residency in a State before purchasing a firearm from an FFL.

c. Illegal Alien – may not possess a firearm or ammo affecting interstate commerce, § 922 (g)(5), 10 years.

13. Transferring Personal Firearms (sell, give, loan)

a. A resident of a State may transfer a firearm to a resident of the same State.

1) But may not transfer a Hand Gun to a person under 18 years of age, § 922 (x)(1), 1 year or 10 years; see exceptions, § 922 (x)(3).

b. A resident of a State may not transfer a firearm to a resident of another State, § 922 (a)(5), 5 years, but ...

1) May transfer a firearm to a non-resident via a Will or intestate succession (unless recipient State bans that type firearm), § 922 (a)(5)(A). May loan or rent a firearm to a non-resident for temporary lawful sporting purposes, § 922 (a)(5)(B). May send or deliver a firearm to a non-resident (unless recipient State bans that type firearm) by first delivering the firearm to an FFL in the recipient’s State; the transfer would then take place at the FFL’s premises, § 922 (a)(1)(A).

B. FEDERAL FIREARMS LICENSEE (FFL) - Manufacturer, Importer, Wholesaler, Retailer, Pawnbroker, Gunsmith, Collector of Curios & Relics, § 922 (a)(9-13, 21-22)

Abramski v. U.S., U.S. Supreme Court (2014) Straw purchase case! The actual buyer of a firearm from an FFL must personally complete the federal Firearms Transaction Record form (exception: firearm is a gift). In other words, person A may not buy a firearm from an FFL for person B, (even if B is not a prohibited person), unless it is a gift for B.

1. Firearms Business

a. Before engaging in the business of importing, manufacturing or dealing in firearms, a person must obtain a license from the ATF, § 922 (a)(1)(A). Willful violation, 5 years.

b. Before engaging in the business of importing or manufacturing ammunition, a person must obtain a license from the ATF, § 922 (a)(1)(B). Willful violation, 5 years.

c. A person who sells ammunition only is not required to be licensed.

2. FFL Record Keeping Requirements

a. Record the acquisition and disposition of all firearms to other licensees and to individuals, § 923 (g)(1)(A).

b. Record sales to individuals on ATF Form 4473, §§ 923 (g)(1)(A), 478.124.

c. Report to the ATF & State law enforcement if an individual buys 2 or more hand guns within 5 consecutive business days, § 923 (g)(3).

d. Trace a firearm for the ATF within 24 hours, § 923 (g)(7).

e. Report to the ATF & local law enforcement the theft or loss of a firearm within 48 hours of the discovery, § 923 (g)(6).

f. Submit to yearly ATF inspection of its records and guns, § 923 (g).

g. FFL violations: § 922 (b)(5) 5 years, § 922 (m) 1 year, § 923 (e) revocation of license, 27 C.F.R. § 478.

3. FFL (legal gun dealer) and Sales of Firearms

a. FFL may sell a long-gun (rifle, shotgun) to a person 18 years of age or older who is a resident of the same State where the FFL is licensed:

1) In person at the FFL’s premises, 922 (b)(1), or

2) At a gun show located in the State where the FFL is licensed and the buyer is a resident, § 923 (j) or

3) Via the U.S. Mail in a State where the FFL is licensed and the buyer is a resident,§ 922(c).

b. FFL may sell a long gun to a non-resident 18 years of age or older who appears in person at the FFL’s premises or in person at a gun show in a State where the FFL is licensed - if the sale is lawful in both States, § 922 (b)(3)(A).

c. FFL may sell a hand gun (pistol, revolver) to a person 21 years of age or older who is a resident of the same State where the FFL is licensed:

1) In person at the FFL’s premises, § 922 (b)(1)&(b)(3), or

2) At a gun show in a State where the FFL is licensed and the buyer is a resident, § 923 (j)

3) Via U.S. Mail in a State where the FFL is licensed and the buyer is a resident, § 922 (c), only if the transaction also complies with § 1715 (only certain persons are qualified to send or receive HGs in the U.S. Mail).

d. FFL may not sell a hand gun to a person who resides in a State other than where the FFL is licensed, §§ 922 (a)(2), (a)(3), (b)(3).

e. FFL may loan or rent for temporary use for lawful sporting purposes (e.g., shooting range) to a resident or non-resident § 922(b)(3)(B), a long gun (rifle, shotgun) to a person 18 years or older or a handgun (pistol or revolver) to a person 21 years or older § 922 (b)(1), who is not a prohibited person § 922 (d), who is not a prohibited alien §§ 922 (d), 922 (a)(9), and must conduct a criminal background check if the firearm is be taken off the premises, § 922 (t).

f. FFL may sell firearms at gun shows only in a State where he is licensed, § 923 (j).

g. FFL must contact the FBI or the State for a criminal background check before a firearm may be transferred to a buyer, § 922 (t). Exceptions:

1) National Firearms Act firearm sale, the ATF asks the FBI for the check,

2) Eligible State firearms permit, if State previously conducted criminal check

h. FFL may not knowingly sell a firearm or ammunition to a prohibited person: § 922(d), 10 years.

i. FFL may not willfully sell a firearm where the buyer would be in violation of State law or local ordinance: § 922 (b)(2), 5 years.

j. Hand Gun Armor Piercing Ammo, definition § 921 (a)(17)(B) & (C); FFL may have his license revoked if he willfully sells APA, § 923 (e).

C. PROHIBITED PERSONS

1. Indictment or Information for a Felony - This person (indicted for a felony or has a felony information filed against him) has restrictions placed on his firearms activity. He may continue to lawfully possess the firearms and ammunition he already has, but may not ship or take them across State lines and may not acquire more firearms or ammunition affecting interstate commerce: § 922 (n), 5 years.

2. Felon – This person (convicted of a crime punishable by imprisonment for a term exceeding one year) is not allowed to knowingly possess, ship, transport or receive any firearm or ammunition affecting interstate commerce: § 922 (g)(1), 10 years. It does not matter what sentence the felon actually received.

a. Definition: § 921(a)(20), a felony crime does not include offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, other similar offenses relating to the regulation of business practices; or the conviction has been expunged, set aside, pardoned, or full civil rights restored unless they expressly provide for no firearms possession.

b. After a felony conviction, the felon must rid himself of all firearms defined in § 921 (a)(3) (except antique firearms § 921 (a)(16)) - that affect interstate commerce. If later caught with a firearm or ammo, the felon is guilty of violating § 922 (g)(1).

c. Interstate Commerce, Article I, Section 8, Clause 3, U.S. Constitution, “The Congress shall have Power…To regulate Commerce with foreign Nations, and among the several States…” In Scarborough v. U.S. (1977), the Supreme Court held that evidence that a firearm (or ammo) previously crossed State lines is sufficient to prove interstate commerce.

d. Relief from Disabilities – If a felon did not have his felony conviction pardoned, expunged, etc., he may apply for Relief from ATF under § 925(a)(1). However, Congress has not approved funds for the ATF to conduct Relief investigations for many years except for corporations.

e. Armed Career Criminal – A person who is convicted of § 922 (g) and has three previous convictions for violent felonies and / or serious drug offenses, committed on different occasions, must be sentenced to not less than 15 years in prison, § 924 (e).

3. Fugitive – This person (who flees from one State to another State to avoid prosecution) may not knowingly possess etc. any firearm or ammunition affecting interstate commerce: § 922 (g)(2), 10 years.

4. Unlawful user of or addicted to a controlled substance – This person may not knowingly possess, etc. any firearm or ammunition affecting interstate commerce: § 922 (g)(3), 10 years. 27 C.F.R. 478.11.

5. Adjudicated a mental defective or committed to a mental institution – This person may not knowingly possess etc. any firearm or ammunition affecting interstate commerce: § 922 (g)(4), 10 years. § 478.11.

6. Illegal alien - This person may not knowingly possess, etc. any firearm or ammunition affecting interstate commerce: §922 (g)(5), 10 years.

a. Non-Immigrant on a Visa (tourist, student, etc) – This person may not possess etc. any firearm or ammunition affecting interstate commerce: § 922 (g)(5), 10 years, unless the alien falls under an exception or has a DOJ waiver described in § 922 (y)(2)&(3).

7. Dishonorably discharged from the armed forces – This person may not knowingly possess etc. any firearm or ammunition affecting interstate commerce: § 922 (g)(6), 10 years.

8. Renounced U.S. citizenship - This person may not knowingly possess etc. any firearm or ammunition affecting interstate commerce: § 922 (g)(7), 10 years.(Note: many persons have done this for tax reasons; contact ATF Counsel for advice.)

9. Intimate partner under restraining order - where both parties had opportunity to present evidence prior to issuance of order – This person may not knowingly possess etc. any firearm or ammunition affecting interstate commerce: § 922 (g)(8), 10 years.

10. Convicted of a misdemeanor crime of domestic violence - This person may not knowingly possess etc. any firearm or ammunition affecting interstate commerce: § 922 (g)(9), 10 years. (Exceptions: a conviction that has been expunged, set aside, pardoned, or full civil rights restored, unless they expressly provide for no firearms possession; a conviction which did not have as an element the use or attempted use of force, 921 (a)(33)(A)).

11. Juvenile and Handgun –This person (under 18 years of age) may not knowingly possess a handgun or handgun only ammo: § 922 (x)(2), 1 year. Exceptions: he has the prior written consent of his parent or guardian for use in employment, in ranching, farming, target practice, hunting, or a course in the safe and lawful use of a HG; the juvenile is a member of the Armed Forces or National Guard; or as protection during a home invasion.

D. USING FIREARMS TO COMMIT FEDERAL CRIMES – 18 U.S.C. § 924 (c)

Any person who uses, carries or possesses a firearm § 921 (a)(3), destructive device § 921 (a)(4), silencer 921 (a)(24), or armor piercing ammunition § 921 (a)(17)(B) to commit any of the following Federal crimes is subject to severe mandatory minimum prison terms and the death penalty if murder occurs during the crime.

1. Federal Crimes of Violence (examples)

Drive-by shooting, §§ 36, 1959

Assaulting Federal officer or family member, §§ 111, 115, 1111, 1114

Civil rights violation, §§ 241, 242

Bombing Federal property, § 844 (f)

Bombing property of organization or institution receiving Federal money, § 844 (f)

Bombing business property, § 844 (i)

Murder on Federal property, § 1111

Kidnapping, § 1201

Threatening/retaliating against witness, informer or juror, §§ 1512, 1513

Extortion of business, § 1951

Robbery of business, § 1951

Murder for Hire, § 1958

Gangs §§ 1959, 1962(c) (RICO)(example: drive-by shooting)

Carjacking, § 2119

Bank robbery, 2113

Interstate travel to commit domestic violence, § 2261

2. Federal Drug Trafficking Crimes (examples)

Illegal drug dealing, 21 U.S.C. § 841 (a)

Possession of illegal drug with intent to sell, § 841 (a)

3. Federal Home Invasions (examples)

Robbery of residence where illegal drugs are sold, §§ 1951, 841 (a)

Robbery of residence where legal interstate business conducted, § 1951

Robbery of residence where interstate business proceeds stored, § 1951

Robbery of residence where interstate salesperson lives, § 1951

Robbery of residence where stolen items taken across State lines, § 1951

4. Federal 3 Strikes You’re Out - A person who is convicted of § 924 (c) and has two previous convictions for a Federal or State serious violent felony or serious drug offense, committed on separate occasions, shall be sentenced to mandatory life imprisonment, § 3559. The § 924 (c) conviction is the “third strike.”

E. PROHIBITED FIREARMS & AMMO

1. National Firearms Act – A person who intends to make, receive or possess any of the following NFA firearms must first pay a tax and have the firearm registered with the Federal government (ATF): 26 U.S.C. §§ 5801- 5872, 10 years for each violation.

Short Barrel Shotgun, barrel length less than 18 inches or overall length less than 26 inches, § 5845

Short Barrel Rifle, barrel length less than 16 inches or overall length less than 26 inches, § 5845

Silencer, 18 U.S.C. § 921 (a)(3)(C)

Destructive device, (bomb, IED, Molotov cocktail)18 U.S.C. § 921 (a)(3), (a)(4); 26 U.S.C. § 5845

Machine Gun, § 5845

(Since 1986 a person may not legally make a machine gun for himself but may legally acquire one already registered with ATF: § 922 (o), 10 years).

“Any other Weapon”, weapon capable of being concealed on the person from which a shot can be discharged via an explosive (e.g., ring gun, club gun, belt buckle gun, handlebar gun, pen gun) etc., § 5845

2. Stolen Firearms & Ammo- Illegal to steal, possess, or receive a stolen firearm or ammo, §§ 922 (i), 922(j), 922 (u), 924 (l), 924 (m), 10 years.

3. Hand Gun Armor Piercing Ammo, definition: § 921 (a)(17)(B)&(C) violations: § 922 (a)(7), (a)(8), 923(e), 929, 924 (c)(5), different penalties.

4. Undetectable Firearm - Illegal to import, make or possess, etc. – § 922 (p), 5 years.

5. Body Armor – Illegal for person previously convicted of a felony crime of violence to purchase, own or possess body armor – §§ 921 (a)(35), 931, 3 years.

6. Firearms with serial numbers removed/obliterated/altered – Illegal to knowingly possess a firearm with the serial number removed, changed, etc., § 922 (k), 5 years.

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