Volume 1: Federal Infringements

(New 2020 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 702 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 question, information, or task being researched.

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 that are disorganized and complicated to understand. They also 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-understandable and affordable book. His third updated edition was published in October 2019. 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. It addresses the laws for gunsmiths, gun shows, collectors, and executors. 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.

Firearms have been stigmatized as one of the three great evils of society, along with alcohol and tobacco. In 1995, the U.S. Attorney for the District of Columbia, Glen Holder, stated, “What we need to do is change the way in which people think about guns, especially young people . . . We need to do this every day of the week, and just really brainwash people into thinking about guns in a vastly different way.” Mr. Holder subsequently served as the U.S. Attorney General under President Obama. More recently, U.S. presidential candidate Robert O’Rourke was sufficiently confident of the success of the campaign to denigrate firearms that he asserted during a campaign debate, “Hell yes, we’re going to take your AR-15, your AK-47.”

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 their owners and by providing a confusing array of complex laws found in hundreds of statutes, regulations, rules, guidelines, policies, executive orders, court decisions, etc., an environment has been created to scare people away from owning firearms and businesses away from dealing with 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 wish to own 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 to ensure that these laws and procedures are understandable.

The materials for this volume are organized functionally to address the specific questions and procedures. 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, short-barreled shotguns, and suppressors? 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 by regulating guns infringes on that right. (Recognizing this fact, courts have declared that certain individuals have lost their Second Amendment 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. The length of this book and the complexity of the laws it explains serve establish the extent to which the right to keep and bear arms has been and continues to be 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

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Volume 2: Texas Infringements

(New 2020 Edition– Coming end of November 2019)

This book explains Texas firearm laws.  It is also 8.5 x 11 inches and the main text is approximately 511 pages. It is designed to be functional as both a reference and procedural guide with a 25-page table of contents that helps to easily navigate the Texas firearm laws based on the specific question, information or task being researched.

Until the time when the phrase “shall not be infringed” is interpreted as it is stated in the United States Constitution, firearm owners, firearm businesses, and other businesses will continue to struggle with determining and complying with the continued onslaught of federal and state restrictions. To help in this endeavor, this volume serves as a valuable resource for determining what the firearm laws are in Texas. It pulls together the statutes, administrative rules, and agency guidelines to help understand the complexity of the firearm laws and explains what is required to comply with them. Because of its organization and extensive table of contents, it serves as a quick reference and procedural guide. It also points out some of the problems with the firearm laws in Texas and those needing correction or elimination.

Both Volumes 1 and 2 are indispensable for Texas firearm businesses. Volume 1 explains the Gun Control Act, the National Firearm Act, and the International Traffic in Arms Regulations. Volume 2 addresses the Texas laws for establishing a firearms business and the related requirements and protections. It also explains the Texas laws for shooting ranges, firearm instructors, law enforcement, private security, schools, and non-firearm businesses obligations regarding allowing or disallowing firearms on their property.

For firearm owners not in the firearms business, Volume 2 addresses the basics of federal law and an extensive coverage of Texas firearm laws, including what is being regulated; explanations as to those who are not allowed to posses firearms; locations where firearms are prohibited; firearm laws related to hunting and target shooting; laws regarding personal firearm transfers; laws involving firearm crimes, seizures, and self-defense; and the extensive requirements, restrictions, and obligations related to licenses to carry and the School Marshal Program.

Select for pdf copy of Introduction

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: Firearms Businesses Requirements and Protections

CHAPTER 9: Shooting Ranges

CHAPTER 10: Certified Texas License to Carry Instructors

CHAPTER 11: Law Enforcement

CHAPTER 12: Private Security

CHAPTER 13: Institutions of Higher Education

CHAPTER 14: Notice Requirements and Related Firearms Laws
for Non-Firearms Businesses and Entities

Select for pdf copy of Table of Contents: Coming Soon

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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.

“Shot Show Products”
American Shooting Journal

Firearm businesses understand that the quantity of poorly written, obsolete, and erroneously applied firearm laws can be confusing and overwhelmingly complicated. These laws are being applied to businesses never intended to be covered, and products that did not exist when the laws were enacted.

Attorney Gary Wells has written two books to help the firearm business address these problems. They help businesses quickly determine what the laws are and what is required to comply with them. They serve as an excellent resource and procedural guide for any firearms business, including retailers, gunsmiths, manufacturers, and importers/exporters. Volume 1 explains the GCA, the NFA, and ITAR. Volume 2 explains Texas firearm laws. Detailed tables of contents can be found at firearmslaw.attorney.