Our blog is for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. The information on this site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
Many folks have found themselves subject to a prohibition on the receipt, possession, purchase, and transport of firearms under 18 U.S.C. 922(g)(9) due to a conviction for a “misdemeanor crime of domestic violence. So what, precisely, qualifies as a misdemeanor crime of domestic violence? Under 18 U.S.C. 921(33), except for certain exceptions, a misdemeanor crime...
Antique Firearms: Under 18 U.S.C. § 921(16), an antique firearm means “(A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or (B) any replica of any firearm described in subparagraph (A) if such replica–(i) is not designed or redesigned for using...
Curios and Relics: Curios and Relics are defined under 27 C.F.R. § 478.11 as firearms that are of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons. To be recognized as a Curio or Relic, a firearm must fall...
An often misunderstood issue is the concept of Gun Shows and the “Gun Show Loophole.” In order to “deal in firearms”, a person or entity must have a Federal Firearms License (FFL.) The term “Dealer” applies to: -Any person engaged in the business of selling firearms wholesale or retail; or -Any person engaged in the...
Under G.S. 14-404 the criteria to qualify for the issuance of a purchase permit include: (a) Upon application, and such application must be provided by the sheriff electronically, the sheriff shall issue the permit to a resident of that county, unless the purpose of the permit is for collecting, in which case a sheriff can...
Modern Firearms, as defined under Title I generally include any firearm which is not an antique, curio, or relic. Title I also defines Title II firearms, and indicates that they are unlawful to possess, unless the item falls under Title II and meets its requirements. What is a firearm under 18 U.S.C. § 921(a)(3)? “any...
The Firearms Owners’ Protection Act (FOPA) of 1986 banned a civilian from ownership or transfer rights of any fully automatic firearms that were not registered with the federal government as of May 19, 1986. Fully automatic firearms manufactured and registered before this cutoff date are still legal to own and transfer. Also, FOPA clarified the...
The Violent Crime Control and Law Enforcement Act of 1994 is frequently called The Assault Weapons Ban. This now defunct law was enacted to prevent the sale of certain semi-automatic firearms to civilians. For the purposes of this law, assault weapons were defined based upon features of the firearm, including folding stocks, bayonets, and the...
The Brady Handgun Violence Protection Act (The Brady Act) introduced mandatory background checks when a FFL sells a firearm to an individual. The Brady Act is codified under 18 U.S.C. § 922(t). These mandatory background checks are performed through the National Instant Criminal Background Check system, also known as NICS. The NICS system was designed...
In 1968 The Gun Control Act (GCA) subsumed the National Firearms Act of 1934. The GCA included the so-called “new NFA,” and was introduced to correct perceived shortfalls of the National Firearms Act of 1934. The GCA regulates the interstate transfer of firearms and largely prohibits the transfer of firearms interstate except among licensed manufacturers,...