[mod.rec.guns] New Firearms Laws

jkh@jade.BERKELEY.EDU (Jordan K. Hubbard) (11/18/86)

Article: 11:14

Because of some requests, I am posting the following information which
comes from _Federal_Firearms_Licensee_News_, Fall Edition, 1986.  (A
publication of the Bureau of Alcohol, Tobacco, and Firearms.)

My editorial and explanatory comments are in brackets.


-----------------------------
PRESIDENT SIGNS NEW GUN LAW

On May 19, and July 8, 1986, President Reagan signed Public Laws 99-308
and 99-360 which amend the Gun Control Act of 1968 and the National
Firearms Act.  The news laws become effective November 15, 1986,
except for the provision on machineguns which became effective on May 19,
1986.

The major provisions of the new law include the following:

1. Effective May 19, 1986, the new law bars the future possession or
transfer of machineguns, except for government entities.  Those persons
who lawfully owned machineguns before May 19, 1986, may continue to own,
or to transfer ownership after May 19, 1986.

2. The definition of a machinegun includes any combination of parts designed
and intended for use in converting a weapon into a machinegun and any part
designed and intended solely for use in converting a weapon into a machine-
gun.  [This means that a jig for drilling the hole in the AR-15 receiver
to accept the M-16 parts is illegal -- a file is not illegal because it has
uses other than "solely for use".]

3. Nonlicensees may acquire rifles and shotguns, but handguns, from 
licensees outside their resident states as long as the sale, receipt,
and delivery complies whith the laws of the states in which the sale
is made and where the transferee resides.  Interstate shipment or
delivery of firearms to nonlicensees is still prohibited.  

4. The licensing requirements for dealers in ammunition only and 
ammunition recordkeeping are eliminated.  After November 15, 1986, those
who deal in ammunition only need not renew their Federal firearms license.
[However, dealers are required to hold onto their ammunition disposition
records until November 15, 1988.  Dealers will no longer need to take
information for handgun ammo purchasers after November 15, 1986.  In
theory, nonlicensees should be able to buy ammunition interstate without a
license -- I suspect a good many of the distributors may not do so to 
avoid pissing off dealers.]

5. "Engaged in the business" is defined as those who regularly import,
manufacture and deal in firearms with the "principal objective of
livelihood and profit."  However, disposing of firearms without a profit
motive to terrorists or for criminal purposes may still be "engaged in
the the business."  [The BATF has a long history of persuading gun
collectors to sell as few as four guns from their collection to an
undercover BATF agent, then arresting the guy for "engaging in the
business without a license".]

6. Allows licensees to deal in firearms at gun shows located in the state
in which the licensed premise is located.  [No real difference -- the
BATF had started allowing this anyway.]

7. Licensees are not required to record the disposition of "personal
firearms" on Forms 4473 where the firearm has been kept in the licensee's
personal collection for one year after its transfer from the business
inventory.  These depositions must still be recorded in a bound book.
[I can't see any good reason for this -- filling out a 4473 only takes
a couple of minutes.  Maybe someone saw the movie _Red_Dawn_ and decided
to make life difficult for the invading troops. :-)]

8. Form 4473 - the Firearms Transaction Record - is eliminated for 
licensed collectors.  They need only keep a "bound book" record.

9. A warrant will be required to inspect licensee records and inventory
except in the course of a criminal investigation of a person other than
the licensee, in one annual inspection and in firearms tracing.  These
three inspections may be made without prior notice.

10. No license can be denied or revoked, and no forfeiture of firearms
or ammunition can be based, upon the same charge brought in a criminal
case if the licensee is acquitted of those charges.  [BATF has a long
history of failing to prove criminal intent, but refusing to return
firearms confiscated.  The defendant then has to file a civil suit for
return of the weapons.  No more of THAT nonsense!]

11. No one may sell or deliver firearms to prohibited person such as
convicted felons.  [Previously it was only against Federal law for 
*dealers* to sell to convicted felons -- now it's illegal for anyone
to do so.]

12. A conviction for a "crime punishable by imprisonment for a term
exceeding one year" is determined by the law of the jurisdiction in which
the conviction occurred.  State pardons and expunctions would erase the
conviction for purposes of Federal firearms laws unless the pardon,
expunction or law of the jurisdiction provides otherwise.  [This 
brings the Federal firearms laws in sync with the rest of our legal
system.]

13. Allows the granting of relief from Federal firearms disabilities
to all proscribed persons and removes the bar to relief for felons
whose crimes involved the use of a firearm or other weapon, or whose
conviction was for a violation of the Gun Control and National Firearms
Acts.  [This allows people who are technically felons to petition for
permission to own a firearm.  At first glance, you might wonder why
a felon should ever get such permission.  Draft resisters come immediately
to mind as people who would be unable to get such permission under the
old law.]

14. Provides a Federal right to transport an unloaded, not readily
accessible, firearm notwithstanding any state or local law to the
contrary, except that the transportation must comply with the laws
of the place of origin and destination.  [Primarily a guarantee that
a hunter travelling from North Carolina to Vermont isn't going to spend
the night in jail in New Jersey for transporting a hunting rifle by
personal vehicle.  This is NOT a guarantee that you can carry a gun
from state to state on a long trip.  There are still serious questions
what exactly is going to be allowed within the definition of 
"transportation" and "destination".]

15. Expands the terms "silencer" to cover any combination of parts
designed or redesigned, and intended for use in assembling or 
fabricating a firearms silencer and any part intended only for use
in such assembly or fabrication.  [The "silencer parts kits" that
have been offered through the mail for some time, and the "aluminum
tubing" offered through the same sources therefore become illegal.
Also, the 2-liter plastic soft drink adapter for handguns similarly
becomes illegal.]

----------------------------------------

Clayton E. Cramer

jkh@jade.UUCP (12/11/86)

In-Reply-To: your article <1716@jade.BERKELEY.EDU>

Thanks to Mr. Cramer for the summary of the new
gun laws.  Could he provide the current definition
of "armor piercing" as defined in the new laws?

I strongly suspect that we can look forward to 
increased BATF zealousness in locating "machine guns"
and "silencers."  That organization needs a reason to exist.
Already, there has been at least one reported raid on 
a "machine gun" manufacturer in Utah, which led to 
no arrests, but lots of media hype.

The next logical step is for the BATF to re-define
"readily convertible" to include all semi-auto
weapons.  "Readily convertible" is in the eyes of the
beholder.  Almost all semi-auto guns firing from
an open-bolt position have already been banned by BATF
edict.  Periodically, attempts to define the semi-auto
M14 rifles and their copies as "readily convertible" occur.
Should this succeed, expect the flood gates to open
as HK 91s and 93, AR15s, etc. become illegal.  What's really
bad is that now there is NO WAY to register these guns
in case of such a re-classification, because civilians
may not acquire new machine guns.
 Of course. I'm just speculating.


Jon Kaplowitz
cbosgd!erc3ba!jfka

jkh@jade.BERKELEY.EDU (Jordan K. Hubbard) (12/16/86)

Article: 12:17


> In-Reply-To: your article <1716@jade.BERKELEY.EDU>
> 
> Thanks to Mr. Cramer for the summary of the new
> gun laws.  Could he provide the current definition
> of "armor piercing" as defined in the new laws?
> 

Sorry, I don't have the legal definition of armor piercing available.
What I have read (which may or may not be correct) is that only handgun
ammunition is affected by the "armor piercing" ban.  I have read in other
(less trustworthy places) that iron or steel-core bullets for handguns
or rifles are prohibited, and therefore the new 62-grain 5.56mm ammo
adopted by NATO is illegal.

In brief, there's no way you are going to run into armor-piercing ammo
in a gun store, and I think there is an adequate amount of rifle ammunition
that will pierce bullet-proof vests to keep politicians in fear.

> I strongly suspect that we can look forward to 
> increased BATF zealousness in locating "machine guns"
> and "silencers."  That organization needs a reason to exist.
> Already, there has been at least one reported raid on 
> a "machine gun" manufacturer in Utah, which led to 
> no arrests, but lots of media hype.
> 

If it's the one I'm thinking of, it led to convictions.  The manufacturer
pleaded guilty to back-dating manufacturing dates on automatic weapon
frames.

It's hard to believe BATF could be any more zealous than they already are
pursuing automatic weapons and silencers.  At one time several years ago
they were confiscating mailing lists of companies that sold silencer parts
"kits" then getting search warrants to search people's homes for completed
silencers.  (Hence, the ads you will see in Shotgun News from companies
emphasizing, "We keep no records except amount of sale for tax purposes.")

> The next logical step is for the BATF to re-define
> "readily convertible" to include all semi-auto
> weapons.  "Readily convertible" is in the eyes of the
> beholder.  Almost all semi-auto guns firing from
> an open-bolt position have already been banned by BATF
> edict.  Periodically, attempts to define the semi-auto
> M14 rifles and their copies as "readily convertible" occur.
> Should this succeed, expect the flood gates to open
> as HK 91s and 93, AR15s, etc. become illegal.  What's really
> bad is that now there is NO WAY to register these guns
> in case of such a re-classification, because civilians
> may not acquire new machine guns.
>  Of course. I'm just speculating.
> 
> Jon Kaplowitz

California Assemblyman Art Agnos of San Francisco has made repeated attempts
to reclassify semiauto rifles that have, or can accept, magazines with a 
capacity of 20 rounds or more as machine guns under California law.  The
law is written so sloppily that it could be used to prohibit the Browning
Hi-Power pistol (there are 21-round magazines available).

Clayton E. Cramer