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.