Federal Firearms Law Book

Firearm laws should be simple to find, easy to understand, and provide ample guidance as to what is required. Instead, they are found in multiple codes, regulations, and rules; are disorganized and complicated to understand; and fail to provide the necessary guidance to know how to comply. A review of the conflicting advice and opinions found in firearm forums will leave anyone completely lost and hopelessly confused.

Recognizing these problems, in 2016 attorney Gary B. Wells published the first volume in his “Firearm Laws for Businesses & Their Customers” series to address federal firearm laws in an easily-affordable book. A second and updated edition was published in April 2017. This book discusses in detail when an item becomes a firearm, which has become relevant in light of the popular, partially-completed receivers. It provides details regarding prohibited persons; locations where firearms are prohibited; the transportation and transfer of firearms by those with federal firearm licenses and those without. The book also explains the laws and requirements for obtaining and maintaining federal firearm licenses, whether as a dealer, a gunsmith, a collector, an importer, or a manufacturer. The marking, record keeping, and reporting requirements are explained in detail, as well as the requirements and processes for importing and exporting firearms. Extensive information is provided regarding the National Firearms Act and the recent changes affecting NFA trusts. While the emphasis of the book is to prevent violations of the law, criminal and civil penalties are explained, including firearm seizures and forfeitures.

(Find complete Introduction, Chapter List, and Table of Contents below.)

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Texas Firearms Law Book

 

The second volume to the firearms law series deals with Texas laws and is planned for publication in mid-2017. This book discusses prohibited persons and prohibited places under both federal and Texas law, and the following under Texas law: the convoluted laws regarding carrying firearms (concealed and open), firearm transfers, firearm crimes and seizures, hunting and shooting restrictions, establishing a firearms’ business, firearms business requirements, shooting ranges, handgun instructors, law enforcement officers, private security (commissioned and personal protection officers), and how these laws affect schools, businesses selling alcohol, hospital and nursing homes, hotels, and state agencies.

(Upcoming: Find complete Introduction, Chapter List, and Table of Contents below.)

Publication planned mid-2017 (USPS Priority Shipping Included)

Volume 1: Federal Infringements (New 2017 Edition)

This book is not a quick summary of the law that leaves you with more questions than answers. It was written to be the most comprehensive, yet understandable, federal firearms book on the market. The book is 8.5 x 11 inches and the main text is 634 pages. Yet it is functional as both a reference and procedural guide with a 29-page table of contents that helps to easily navigate the federal firearm laws based on the specific information or task being researched.

Since the Gun Control Act of 1968, firearms have been stigmatized as one of the three great evils of society, along with alcohol and tobacco. Despite the absurd political commentary to the contrary, no tool is more regulated than the firearm. Locating and interpreting the myriad of firearm laws can be daunting and, in most cases, highly frustrating. By stigmatizing firearms and providing a confusing array of complex laws found in dozens of statutes, regulations, rules, guidelines, policies, executive orders, etc., an environment has been created to scare businesses away from dealing with firearms and customers away from purchasing them.

This book is designed to remove these fears by providing the information needed to make informed decisions and about what can be done and how it can be accomplished. It serves as a comprehensive reference and procedural guide for those brave individuals who believe in the fundamental right to keep and bear arms and either want to earn a living pursuing that passion or are firearm enthusiasts wanting to know what they can do within the law. Whether you are pursuing a business, a hobby, or only the necessary firearms to defend you and your family, this manual is designed to both help you get started and to continue to conduct your activities without legal entanglements.

This first volume sets forth the federal legal authority from statutes, regulations, ATF rulings, etc., and is designed to provide the necessary information about the legal requirements and procedures in order to ensure that these laws and procedures are understandable.

The materials for Volume 1 are organized functionally to address the specific questions and procedures of firearms business owners and managers, firearms owners, and attorneys. Topics include answers to vital questions, including: “What items are regulated as firearms under the different laws? Who can purchase a firearm? How can a person restore their firearm possession rights? Where can firearms be possessed? How can firearms be transported? How can firearms be transferred from a business or person to another business or person? What licenses are required for firearm businesses? What are the requirements and procedures to obtain and maintain these licenses? What is required to perform a customer background check? What records are required to be maintained and for how long? What are the requirements for importing, exporting, or manufacturing firearms? What laws apply to gunsmiths, pawnbrokers, law enforcement officers, and auctioneers? How are the laws different for machine guns, short-barreled rifles, and short-barreled shotguns? What are the new laws regarding NFA firearm trusts?

One obvious question is, “Where is the chapter about the Second Amendment?” This book is not about the Second Amendment, which provides the ultimate authority about what the laws regarding firearms should be as opposed to what they are. If you were to draw a circle and write “the right of the people to keep and bear arms” in the center of that circle, then any law that crosses into that circle infringes on that right. Accordingly, this book is not about the Second Amendment, but about the federal infringements to it. Despite the clear language of the Second Amendment, firearms businesses and owners are required to understand and comply with these infringements until those laws can be removed. This book, both by its length and the complexity of the laws it explains, serves as a symbol of the extent to which the right to keep and bear arms has been infringed by the federal government.

Since the Gun Control Act of 1968, firearms have been stigmatized as one of the three great evils of society, along with alcohol and tobacco. Despite the absurd political commentary to the contrary, no tool is more regulated than the firearm. Locating and interpreting the myriad of firearm laws can be daunting and, in most cases, highly frustrating. By stigmatizing firearms and providing a confusing array of complex laws found in dozens of statutes, regulations, rules, guidelines, policies, executive orders, etc., an environment has been created to scare businesses away from dealing with firearms and customers away from purchasing them.

This book is designed to remove these fears by providing the information needed to make informed decisions and about what can be done and how it can be accomplished. It serves as a comprehensive reference and procedural guide for those brave individuals who believe in the fundamental right to keep and bear arms and either want to earn a living pursuing that passion or are firearm enthusiasts wanting to know what they can do within the law. Whether you are pursuing a business, a hobby, or only the necessary firearms to defend you and your family, this manual is designed to both help you get started and to continue to conduct your activities without legal entanglements.

This first volume sets forth the federal legal authority from statutes, regulations, ATF rulings, etc., and is designed to provide the necessary information about the legal requirements and procedures in order to ensure that these laws and procedures are understandable.

The materials for Volume 1 are organized functionally to address the specific questions and procedures of firearms business owners and managers, firearms owners, and attorneys. Topics include answers to vital questions, including: “What items are regulated as firearms under the different laws? Who can purchase a firearm? How can a person restore their firearm possession rights? Where can firearms be possessed? How can firearms be transported? How can firearms be transferred from a business or person to another business or person? What licenses are required for firearm businesses? What are the requirements and procedures to obtain and maintain these licenses? What is required to perform a customer background check? What records are required to be maintained and for how long? What are the requirements for importing, exporting, or manufacturing firearms? What laws apply to gunsmiths, pawnbrokers, law enforcement officers, and auctioneers? How are the laws different for machine guns, short-barreled rifles, and short-barreled shotguns? What are the new laws regarding NFA firearm trusts?

One obvious question is, “Where is the chapter about the Second Amendment?” This book is not about the Second Amendment, which provides the ultimate authority about what the laws regarding firearms should be as opposed to what they are. If you were to draw a circle and write “the right of the people to keep and bear arms” in the center of that circle, then any law that crosses into that circle infringes on that right. Accordingly, this book is not about the Second Amendment, but about the federal infringements to it. Despite the clear language of the Second Amendment, firearms businesses and owners are required to understand and comply with these infringements until those laws can be removed. This book, both by its length and the complexity of the laws it explains, serves as a symbol of the extent to which the right to keep and bear arms has been infringed by the federal government.

CHAPTER 1: Introductory Principles and Explanations

CHAPTER 2: What is Being Regulated?

CHAPTER 3: Juveniles and Prohibited Persons

CHAPTER 4: Locations Where Firearms Are Prohibited

CHAPTER 5: Transportation of Firearms

CHAPTER 6: Firearm Transfers by Unlicensed Persons

CHAPTER 7: Licensees: Authority, Restrictions and Requirements

CHAPTER 8: Transfer Process and Background Checks

CHAPTER 9: Recordkeeping and Inspections

CHAPTER 10: General Licensing Requirements

CHAPTER 11: Licensed Firearms Dealers

CHAPTER 12: Arms Export Act of 1976
(Importers, Exporters, and Manufacturers)

CHAPTER 13: Licensed Firearms Importers

CHAPTER 14: Licensed Firearms Manufacturers

CHAPTER 15: Licensed Firearms Collectors

CHAPTER 16: Firearms Serialization and Markings
(Manufacturers and Importers)

CHAPTER 17: Law Enforcement Officers

CHAPTER 18: Gun Shows and Events

CHAPTER 19: Exemptions to the Gun Control Act

CHAPTER 20: NFA Firearms: Machine Guns, Short-Barreled
Rifles/Shotguns, Suppressors, Destructive Devices

CHAPTER 21: Firearm Seizure and Forfeiture

CHAPTER 22: Criminal Conduct and Enhanced Penalties

CHAPTER 23: Miscellaneous Provisions

Updates for 2016 Edition of Volume 1: Federal Infringements

(Note: The descriptions below provide the page number for the section being replaced.  The pdf document containing the updated section includes page numbers that will not match the printed book.  These page numbers are constantly changing as the book is being continually updated for the 2nd edition to be published in mid-2017.)

ATF Ruling 2016-1

Replaces ATF Ruling 2013-5 regarding Electronic Acquisition and Disposition Records. That section of the book, beginning with page 182, should be replaced with the following section: ATF Rulling 2016-1

ATF Ruling 2016-2

Replaces ATF Ruling 2008-3 regarding Electronic Version of ATF Form 4473. That section of the book, beginning with page 151, should be replaced with the following section: ATF Ruling 2016-2

ATF Ruling 2016-3

Replaces ATF Ruling 2010-8 regarding Consolidation of Records of Manufacture and Records of Disposition. That section of the book, beginning with page 412, should be replaced with the following section: ATF Ruling 2016-3

ATF Ruling 2016-4

ATF Provides for Electronic Submission of ATF Form 6A to Customs and Border Patrol.  Add the following two pages after page 368: ATF Ruling 2016-4.

U.S. Department of State, Directorate of Defense Trade Control, ITAR Registration Requirements – Consolidated Guidance, 7/22/2016

Additional information for Chapter 12 regarding the Arms Expert Act of 1976, which now applies to Gunsmiths under the DDTC’s recent “Applicability of the ITAR Registration Requirement to Firearms Manufacturers and Gunsmiths”  Gary’s Commentary: Gunsmiths Hit With Burdensome and Costly Requirements

FFL Acceptance of Driver’s Licenses Issued Without Proof of Lawful Residency

ATF determines that driver’s licenses issued without evidence of residency are not satisfactory proof of citizenship and create reasonable cause to believe that the purchaser is illegally or unlawfully in the United States, precluding them from receiving or possessing firearms or ammunition.  Include the following page after page 56: Driver Licenses Without Proof of Lawful Residency

Firearms License Revocation, Suspension, or Imposition of Fine

New and additional materials to replace the “Firearms License Revocation, Suspension, or Imposition of Civil Fine” section, beginning at page 232: License Revocation and Suspension

Social Security Administration Issues Regulations to Report Beneficiaries to NICS for Firearms Confiscation

The practice of federal agencies of determining a person’s mental capacity to manage their own affairs and then reporting them to the Department of Justice to prevent them from possessing or purchasing firearms is one of the more recent efforts to strip away Second Amendment rights. Both the Department of Veterans Affairs and the Social Security Administration have pursued efforts to begin making those determinations and reporting their adverse findings to the Department of Justice for inclusions in the NICS system, preventing these individuals from possessing or purchasing firearms.

The Social Security Administration issued regulations which became effective January 18, 2017, but “compliance is not required until December 19, 2017.” In response to a new executive administration, H.J. Res. 40 was introduced on January 30, 2017, to nullify these rules, specifically providing “Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress disapproves the rule submitted by the Social Security Administration relating to Implementation of the NICS Improvement Amendments Act of 2007 (published at 81 Fed. Reg. 91702 (December 19, 2016)), and such rule shall have no force or effect.” The Joint Resolution was passed by the House and the Senate and then signed by the President on February 28, 2017, becoming Public Law No. 115-8.

Chapter 7, page 25, footnote 25, should read:

18 U.S.C. § 922(a)(3). For a “corporation or other business entity,” the relevant state is not based on “residence,” but the state “where it maintains a place of business.”

Volume 2: Texas Infringements

This second volume addresses Texas firearms laws and is anticipated to be published in mid-2017.  This book is also 8.5 x 11 inches and the main text currently more than 450 pages. It is designed to be functional as both a reference and procedural guide with a 20-page table of contents that helps to easily navigate the Texas firearm laws based on the specific information or task being researched.

Coming Soon!

CHAPTER 1: Introduction, Definitions & Prohibited Weapons

CHAPTER 2: Juveniles and Prohibited Persons

CHAPTER 3: Prohibited Places

CHAPTER 4: Hunting and Target Shooting

CHAPTER 5: Firearm Transfers

CHAPTER 6: Concealed and Open Carry

CHAPTER 7: Firearm Crimes, Seizures, & Self-Defense

CHAPTER 8: Establishing a Firearms Business

CHAPTER 9: Firearms Businesses Requirements and Protections

CHAPTER 10: Shooting Ranges

CHAPTER 11: Handgun Instructors

CHAPTER 12: Law Enforcement

CHAPTER 13: Private Security

CHAPTER 14: Institutions of Higher Education

CHAPTER 15: Notice Requirements and Related Firearms Laws
for Non-Firearms Businesses and Entities

Select for pdf copy of Draft Table of Contents Table of Contents-TX

None at this time.

Volume Discounts & Retail Packages

      • A 20% discount is available for purchases of 20 or more books. Use Coupon Code “VOLDISC”.
      • A free Retail Package is also available with purchases of 20 or more books if the request is made under “Order Notes” at the time of checkout. In addition to the books, this package includes a gold table cover, sales sign, and two easels (one for the book and one for the sign).

Retail Package

Retail Package Display Table- small

Write-Ups On “Firearm Laws for Businesses & Their Customers”

“New Book Explains, Simplifies Firearm Laws”
Shooting Industry (October 2016)

Firearm laws can prove to be difficult to follow, especially with multiple codes, regulations and rules; and are often complicated to understand. Attorney Gary B. Wells published the first volume in his Firearm Laws for Businesses & Their Customers series in an effort to break down and explain firearm laws for industry professionals. This book discusses when an item becomes a firearm, which has become increasingly important in light of the popular, partially completed receivers. In addition, it provides details on prohibited persons; locations where firearms are prohibited; the transportation and transfers of firearms by those with FFLs and without.

Firearm Laws for Businesses & Their Customers also explains laws and requirements for obtaining and maintaining federal firearm licenses, whether as a dealer, gunsmith, collector, importer or a manufacturer. While the emphasis of the book is to prevent violations of the law, criminal and civil penalties are explained, including firearm seizures and forfeitures.

A comprehensive resource, the main text of the book is 599 pages. It includes a 29-page table of contents to help easily navigate the federal firearm laws based on the specific information or task being researched.

“Books Galore”
American Hand Gunner (November/December 2016)

If you’re in the gun business, or want to be, you really need Firearm Laws For Businesses and their Customers in order to keep yourself out of hot water. Atty. Gary Wells says, “After all, businesses succeed not because of the government, but despite its interference.” Couldn’t agree more.