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AR15 & Firearm Laws

Firearms laws in the United States are derived from the following:

  • Second Amendment to the United States Constitution
  • National Firearms Act (1934)
  • Omnibus Crime Control and Safe Streets Act of 1968 (1968)
  • Gun Control Act (1968)
  • Firearms Owner's Protection Act (1986)
  • Brady Handgun Violence Prevention Act (1993)
  • Federal Assault Weapons Ban (1994) (now defunct)
  • State and Local Firearms Laws
Second Amendment to the United States Constitution

"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."

  • Went into effect on December 15, 1791
    When the Bill of Rights had been ratified by three-fourths of the States.
National Firearms Act (NFA)
Gun Control Act of 1934

National Firearms Act (NFA)
73rd Congress, Sess. 2, ch. 757, 48 Stat. 1236, enacted June 26, 1934.
Imposes a tax on the manufacture and transfer of all Title II weapons and mandates the registration of those weapons.

  • Where we get definitions of "Title II weapons":
  • Machine Guns (Full Auto)
  • Short barreled rifles (SBRs)
  • Short barreled shotguns (SBSs)
  • Suppressors
  • Destructive Devices (DDs)
  • Any Other Weapons (AOWs)
  • The National Firearms Act of 1934
Omnibus Crime Control and Safe Streets Act of 1968

(Pub.L. 90-351, June 19, 1968, 82 Stat. 197, 42 U.S.C. § 3711)
The assassination of President John F. Kennedy raised public concern over the sale and possession requirements of firearms in America

  • Increased the minimum age to 21 for buying handguns
  • Created the Law Enforcement Assistance Administration (LEAA) which was abolished in 1982
  • Followed by the Gun Control Act of 1968
Gun Control Act of 1968

Pub. L. No. 90-618, 82 Stat. 1213 - Chapter 44 of Title 18, United States Code
United States federal law that regulates the firearms industry and firearms owners. The Gun Control Act of 1968 focuses on regulating interstate commerce in firearms by prohibiting interstate firearms transfers except among licensed manufacturers, dealers and importers

  • Where we get:
  • The 10 restrictions on firearm ownership (the questions on Form 4473)
  • Created the FFL License System, Gunsmiths and Manufacturers
  • Required Serial Numbers on Firearms
  • Prohibits persons under 18 from possessing handguns or handgun ammunition
  • Effectively prohibited the direct mail order of firearms
  • Gun Control Act of 1968 - Page One
  • Gun Control Act of 1968 - Page Two
Gunsmith Repair Exception to the Gun Control Act of 1968
A person may ship a gun to a gunsmith (with an FFL) or the gunmaker's factory for repairs or modification. The gunsmith or the factory can then ship the weapon directly back to the customer.
Firearm Owners Protection Act 1986

Firearm Owners' Protection Act (FOPA) 1986
Pub. L. No. 99-308, 100 Stat. 449 (May 19, 1986) - 18 U.S.C. § 921
United States federal law that revised many statutes in the Gun Control Act of 1968.

  • Banned the sale to civilians of NFA weapons manufactured after the date of enactment May 19, 1986
  • Restricted sales of newly manufactured NFA weapons to military and law enforcement
  • Ended record keeping on ammunition sales, except for armor piercing
  • "Safe passage" provision allows persons to travel with firearms through states that have strict gun control laws
  • Forbid the U.S. Government or any agency of it from keeping any records linking non-National Firearms Act firearms to their owners
  • Because of this Act, records of background checks from the NICS Check are legally required to be destroyed after 24 hours
Brady Bill 1994

Brady Handgun Violence Prevention Act of 1993
(Pub.L. 103-159, 107 Stat. 1536, enacted November 30, 1993)
Went into effect on February 28, 1994 expired in 1998.

  • Created a national background check system to prevent firearms sales to such "prohibited persons." (Form 4473)
  • initially required purchasers to wait up to five days for a background check
  • The waiting period provision of the Act expired in 1998
  • Brady Bill
1994 Assault Weapons Ban (AWB)

The 1994 Assault Weapons Ban (AWB)
Title XI, subtitle A, of the Violent Crime and Law Enforcement Act of 1994
Federal Assault Weapons Ban or Semiautomatic Assault Weapons Ban.
The act created a definition of "assault weapons" and subjected firearms that met that definition to regulation

Took effect September 13, 1994, expired September 13, 2004

  • Attempted to define an "Assault Weapon"
  • Banned the manufacture of 19 specific semi-automatic firearms deemed to be assault weapons
  • Banned any semi-automatic rifle that is capable of accepting a detachable magazine, and which has two or more of the following features:
    - telescoping or folding stock
    - pistol grip
    - flash suppressor
    - grenade launcher
    - bayonet lug
  • Banned possession of newly-manufactured magazines holding more than ten rounds of ammunition
  • Federal Assault Weapons Ban
    The 1994 ban expired at 12:01am on Monday, September 13, 2004
  • March 2, 2004, Senator Dianne Feinstein (D-CA) suggested a ten-year extension to the 1994 Assault Weapons Ban, her bill was voted down 8-90
Pre-Ban AR15 vs. Post-Ban AR15

Since the 1994 Assault Weapons Ban (AWB) is no longer in effect, Pre-Ban or Post-Ban AR15 configuration are no longer an issue

NFA Weapons

Who can build an NFA Weapon?

  • Anyone legal to possess firearms
  • confirm your local and state laws
  • obtain Form 1 "Application to Make and Register a Firearm" (x2)
  • FBI Form FD-258 fingerprint cards (x2)
  • citizenship form
  • passport photos (x2)
  • local Chief Law Enforcement Agent (CLEO) signature
  • $200 tax
Class 3 License

There is no such thing as a "Class 3 license"

A Class 3 license ( 03 SOT) is required to buy and sell NFA weapons as a business. Individuals do not need any license to buy Title II (NFA) weapons. The purchase and sale of NFA weapons is, however, taxed and regulated by the BATFE

M-16 (Full Auto)

Machine guns, firearms capable of full auto fire have been regulated since the Gun Control Act of 1934. They were further regulated by the Firearm Owners' Protection Act (FOPA) of 1986.

As of 2009, persons legally able to own an NFA weapon can apply for and receive the tax stamp required to posses a machine gun

Short Barreled AR15 Rifles (SBR)

What is an AR15 SBR?
A short barreled rifle is defined in the US Code, Title 18, Part I, Chapter, Sec. 921
8) The term ''short-barreled rifle'' means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon, as modified, has an overall length of less than twenty-six inches.

AR15 Any Other Weapon (AOW)
 
National Instant Criminal Background Check System (NICS)
 
Federally licensed dealers
State Laws
 
Building your own gun
Legal Firearm Definitions
California Legal AR-15 rifles
 
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)


 

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AR15 buyers guide, Gun Reviews, Video Firearm Reviews and more
AR15 buyers guide, Gun Reviews, Video Firearm Reviews and more