Firearm Laws, Vol. 2: Texas Infringement (2020 ed.)
January 2, 2020
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Firearm Laws – Volume 1: Federal Infringements (2020 ed.)


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.

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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.

This is the third edition of Gary’s book that addresses federal firearm laws in a complete and easily-understandable format. 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.