| AR15
Training, Information & Research |
| 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
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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.
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National
Firearms Act (NFA)
Gun Control Act of 1934
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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) |
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National
Instant Criminal Background Check System (NICS) |
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Federally
licensed dealers |
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State Laws |
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Building
your own gun |
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Legal Firearm
Definitions |
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California
Legal AR-15 rifles |
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Bureau
of Alcohol, Tobacco, Firearms and Explosives (ATF) |
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