Tax And Purchase Procedures For Title 2 Firearms

Tax And Purchase Procedures For Title 2 Firearms

Your choice to purchase NFA items is protected by the Second Amendment. If you have never experienced the fun and pride in being an NFA firearm or suppressor owner, give an NFA item a try. Many ranges throughout the United States offer the chance to shoot full auto machine guns, shortbarreled rifles, and suppressors, and more individuals are buying them every day. It’s all up to you to take the next step toward ownership. Please let us know how we can help you.

Individuals, Corporations, and Trusts

Where permitted, purchase and ownership of NFA firearms and suppressors is available to Individuals, Corporations, and Trusts. Which entity you choose to purchase under is up to you, but we recommend getting qualified advice from a knowledgeable source, such as an attorney who is well-versed in NFA law. We can report that many people are utilizing trusts, but if you use a trust, be certain your trust does not violate the NFA; the repercussions can be substantial.

How much does it cost?

An individual purchasing an existing NFA item- other than an AOW item–is required to pay a onetime, $200.00 dollar transfer tax to the Bureau of Alcohol, Tobacco, Firearms and Explosives in addition to the purchase price of the item and the receiving dealer’s transfer fee. The AOW firearms transfer tax is only $5.00 dollars, plus the purchase price of the item and the receiving dealer’s transfer fee. Should the item be transferred to another person in the future, a separate transfer tax must be paid at that time by the new prospective owner. This tax is commonly referred to as your “tax stamp.”

What kind of forms to file?

Your transferring FFL will usually assist you with the filing of ATF Form 5320.4, also known as the “Form 4.” This form is required in order to transfer the NFA item from the receiving FFL to you. Two copies of the Form 4 will be submitted to the ATF and a third copy should be mailed to your CLEO (Chief Law Enforcement Officer) in your city or county. This is simply a notification and they no longer have to sign off on your Form 4. Additionally, if you are applying as an individual versus under a trust/corporation, the required paperwork will differ slightly. Your transferring FFL should be able to assist you with the paperwork (Form 4 and Responsible Person Form) and mail it off to the ATF for you as part of your transfer fee.

Things You Need

When completing a Form 4 as an individual, you will need:
• Three completed and signed Form 4s. TWO copies will be sent off to the ATF (they will keep one copy and send the second copy back with your approval and tax stamp). The remaining ONE copy will be sent to the CLEO (Chief Law Enforcement Officer) in your city/county.
• TWO fingerprint cards. These can be completed at your local Sheriff’s Office or Police Dept.
• TWO passport sized photos (2″ x 2″ inch).
• ONE check or money order made out to the BATFE in the amount of $200.00 dollars ($5.00 for AOWs). You will need the above for EACH NFA item that your purchase, even if you are purchasing multiple items at once.
How long is the wait?
Wait time for ATF approval on Form 4s varies. The current estimate is 4-6 months.

How old do you have to be to have an NFA Item?

You must be 21 years old.
Barring certain federal, state, or local prohibitions, an individual who is at least 21 years of age and currently able to purchase and possess any non-NFA firearm will also be eligible to purchase an NFA firearm from an NFA dealer. You only need to provide us with three things to complete an NFA item purchase online:
• Payment: You will pay us for the firearm or suppressor in full at the time of purchase (there are no layaway purchase plans for NFA items).
• Your dealer’s Federal Firearms License (FFL)
• Your dealer’s Special Occupational Tax License (SOT):
NFA – Title 2 Weapons – Machineguns, Short Barreled Rifles (SBR), Short Barreled Shotguns (SBS), Silencers (Suppressors), AOW (Any Other Weapons) and Destructive Devices
Title 2 firearms are not as commonly known nor as straight forward as the Title 1s. All title 2 weapons fall into 1 of 6 different categories.
1) Machineguns,
2) Short Barreled Rifles (SBRs),
3) Short Barreled Shotguns (SBSs),
4) Suppressors,
5) Any Other Weapon (AOWs) and
6) Destructive Devices.
All title 2 firearms are regulated by what’s known as the National Firearm Act or what we like to refer to as NFA. One could spend months reading about NFA but I’ll hit the major misconceptions… which are (contrary to the assumptions by many individuals AND even law enforcement) that NFA weaponry.
• Is legal in almost every state. Most all 6 categories above are allowed in just about all states within the Continental United States. A few states restrict machinegun ownership; others may restrict short barreled shotguns (SBSs) or suppressors, etc.
• One does not need or obtain a “Class 3” license to own. In fact there really is no such thing as a class 3 license. When a Title 1 FFL dealer pays what’s known as a Special Occupation Tax, he/she then becomes a SOT that can then deal in NFA/Title 2 weapons. SOTs have several classes too and they are based on the type of FFL license you currently hold. The term Class 3 comes from when a normal Type 1 (standard dealer) FFL holder pays his SOT tax. He becomes a Type 3 SOT hence the term Class 3. When a manufacturer likes me (a type 7 FFL) pays his/her SOT, they become a Type 2 SOT and can both MAKE and DEAL in NFA weapons.
• Transfering ownership of an NFA weapon – All NFA weapons regardless of category (machineguns, silencers, etc.) are controlled during their transfership from one person/entity to another. These weapons transfer to another entity on what is called ATF tax forms. Each ownership transfer MUST be approved by the ATF before the transfer takes place. This approval takes sometimes many months. Generally individual transfership is approved in 3-4 months, dealer to dealer in 3-4 weeks. When the ATF approves the transfer, they cancel a tax stamp and this is why you sometimes hear some say class 3 stamp. Transfers from/to individuals require a one time $200 tax stamp to be paid for EACH transfer (AOWs require just a $5 stamp). These are considered tax paid transfers and usually are on ATF form 4s. Dealers can transfer to other dealers using a tax free Form 3. If a person buys a NFA item from someone outside his/her domicile (home) state, the weapon must be transferred 1st to a SOT holder within the buyer’s state. Similar to a Title 1 firearm transaction. It must go to a FFL/SOT dealer in the buyer’s state before going to the buyer.

• Making of NFA weapons. In May, 1986 President Reagan signed a bill that basically stopped the making of any new machineguns. All the other 5 categories (SBRs, SBSs, Silencers, AOWs and Destructive Devices) however can still be made even by an individual if he/she first applies for and receives permission to do so. They will file an ATF Form 1 (maker form) and pay a $200 make tax fee. A civilian can still legally own any machinegun that was created PRIOR to May, 1986 as long as they get approval on the ATF form 4 discussed above. Machineguns or full-autos as they are sometimes referred command a hefty price though due to supply and demand. Remember that no civilian can possess a machinegun manufactured after May 1986 except for law enforcement so there is a finite quantity available. Your more common machineguns (M16, MP5s, etc.) are currently selling for close to $20,000!!!! Pretty pricey for a gun that basically is really worth less than $1000.00! Machineguns generally go up several thousand dollars per year and some use as investments. I have bought and made considerable profits within just a few years by buying and selling NFA machineguns. They have been legal to own since 1934 so this is nothing new to the US laws.
• Utah is a special state when it comes to NFA. Part of the Form 1 or Form 4 approval process requires that you need to get local Chief Law Enforcement Official (Sheriff or Chief of City Police) to sign off on your form. Well, several years ago, a bill was past in TN that makes us a SHALL SIGN state which means the Sheriff or Chief must sign approval for your transfer unless there is something in your NCIC background check that would otherwise prevent it. No other state does this. Some officials have erroneously associated their approval with liability on their part. When in all actuality, the signoff in the ATFs eyes is ONLY to state that the individual has nothing negative in his or her NCIC check. Corporations (LLC, INC, etc.) and Trusts (Revocable) do NOT need LEO signoff (still need ATF approval) however they have tax implications and are not recommended to merely obtain NFA items.
• An interesting and widely unknown fact….. since the NFA went into effect in 1934, there has only been 1….. 1 single felony committed in the whole United States since 1934 that involved a legally registered NFA firearm. And it was committed ironically by a crooked police officer who went to a drug house and shot someone on the premise. He used his legally acquired UZI submachine gun to commit the crim. You hear all the time of machinegun and sawed off shotgun in the news but these have all been by individuals possessing an illegal, non registered weapon. There are millions of records of legally owned entries on the NFA registry too so it’s not like we’re talking just a few hundred or thousand potential individuals.

6 distinct types of NFA weapons

• Machineguns – Often referred to as full-autos, automatics, etc… any firearm which fires more than 1 bullet for each individual pull of the trigger. Law Enforcement Sales can convert current semi-auto patrol rifles into… or manufacture new post sample machineguns for departmental and/or officer use.
• Short Barreled Rifles (SBR) – Rifles with barrels less than 16″. LES can convert your existing firearm to SBR specifications or create a build from the ground up using a Spikes/LES lower assembly.
• Short Barreled Shotguns (SBS) – Shotguns with barrels less than 18″. LES primarily uses the Remington 870 platform but can perform the modifications on basically any other series.
• Silencers (Suppressors). Silencers/Suppressors are never hardly portrayed accurately in the movies. If the bullet speed breaks the sound barrier, you WILL hear a pop. Suppressors are meant to mostly alter the signature of a weapon so that it sounds like something else and/or the sound heard doesn’t mark the shooter’s position as easily as a non-suppressed weapon. 22 calibre firearms can be suppressed very well though. You can get them so quiet that the action cycling produces more sound than the fired bullet does. With other calibres, sub sonic ammo can be used to lessen the signature as the bullet leaves the barrel. Best analogy I can give is a normal suppressed 5.56/223 AR15 will sound more like a 22 rifle being fired. LES has begun manufacturing its own series of suppressors. As products become available, they will be posted on the site. Current versions are considered in developmental stages and are being evaluated for both their performance and mostly safety/durability.
• Any Other Weapon (AOW) – these are usually things that don’t meet the other criteria above. Put a fore grip on a pistol, guess what? You JUST made an AOW weapon and if the proper paperwork and approval were not obtained prior, you have violated NFA regulations and possess a contraband weapon that carries severe fines and penalties. Other common AOW classifications are these wallet holsters you see that are meant to be/could be fired while the weapon is still in the holster. Pen guns are another example. AOWs are a little special in that the transfer tax for them is only $5.00. Ironically, the “maker” of the AOW still has to pay a $200 maker Form 1 fee just like he/she would to make a SBR, SBS or Silencer.

• Destructive Devices (DDs) – these are prettly much self explanatory other than ATF has classified several classes of shotguns now as destructive devices. The infamous Street Sweeper shotgun is considered a DD by the ATF falls into the title 2/NFA realm.

The ATF forms we usually use in dealing with these weapons are …
• ATF Form 1 – Maker Form – used by non manufactures to make NFA weapons – for civilians, only Short Barrel Rifles, Short Barreled Shotguns, Silencers and AOWs can still be made (after May 1986). The one time tax stamp for this form is $200. Maker will received an approved form back from ATF and he/she can then make the item in question. Once made, if transfer of ownership is ever needed, this would be facilitated on a Form 4 below.
• ATF Form 2 – Manufacturer Registration Form – we use this form to notify the AFT of any NFA item we create in course of our manufacturing business. This form is not used by individuals.
• ATF Form 3 – Dealer to Dealer tax-free form. Any SOT can transfer to any other SOT tax free NFA weapons he/she has in their possession/ownership. This is usually done when someone buys an item and it is transferred from a dealer in one state to a dealer in the buyer’s state to facilitate the approval/filing process.
• ATF Form 4 – Tax paid to/from individual form – used when a NFA item is transferred TO or FROM an individual. Even if the individual transfers the said item to a SOT holder/dealer, there still is a $200 transfer tax. Once the SOT has it, they can transfer it back out to another SOT holder tax free (Form 3) or directly to another individual in their state on a tax paid (Form 4).
• ATF Form 5 – Used to transfer NFA items to police departments for official use – tax fee transfer.
There are two ways to purchase NFA items: individual tax stamp or an NFA Trust.
• Individual tax stamp requirements:
• Complete (2) included BATFE Form 4s (5320.2) and sign in blue or black ink
• Obtain (2) passport photos and affix one to each Form 4; do NOT staple
• Make (1) photocopy of your completed Form 4 with passport photo affixed
• Complete (2) FBI Form FD-258s in blue or black ink
• Identify your local Chief Law Enforcement Officer (CLEO)
• Write a $200 check to the BATFE
• The device cannot be loaned to anyone else or stored at any other address. If any other person uses the device, the owner must be present.

NFA trust requirements:
• Complete (2) BATFE Form 4s (5320.2) and sign in blue or black ink
• Make (1) photocopy of your completed Form 4
• Make (1) photocopy of your trust documentation
• Identify ALL responsible persons (including yourself) and per person:
• Complete (1) BATFE Form 5320.23 and sign in blue or black ink for each responsible person
• Obtain and affix to Form 5320.23 (do NOT staple) for each responsible person
• Make (1) photocopy of your completed Form 5320.23, with passport photo affixed, for each responsible person
• Complete (2) FBI Form FD-258s in blue or black ink for each responsible person
• Identify your local Chief Law Enforcement Officer (CLEO)
• Write a $200 check to the BATFE
• You can have several members in the trust, allowing the device(s) to be shared, loaned, and stored at any of the trustee’s addresses.
• If one trustee passes away, the other trustees still retain ownership of the device(s) listed in the trust.

Gun and Tax Lawyer Utah

When you need a gun lawyer and tax lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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Brady Handgun Violence Protection Act

Brady Handgun Violence Protection Act

On November 30, 1993, the Brady Handgun Violence Prevention Act was enacted, amending the Gun Control Act of 1968. The Brady Law imposed as an interim measure a waiting period of 5 days before a licensed importer, manufacturer, or dealer may sell, deliver, or transfer a handgun to an unlicensed individual. The waiting period applies only in states without an acceptable alternate system of conducting background checks on handgun purchasers. The interim provisions of the Brady Law became effective on February 28, 1994, and ceased to apply on November 30, 1998.

While the interim provisions of the Brady Law apply only to handguns, the permanent provisions of the Brady Law apply to all firearms. Brady Law, in full Brady Handgun Violence Prevention Act, U.S. legislation, adopted in 1993, that imposed an interim five-day waiting period for the purchase of a handgun until 1998, when federally licensed dealers would be required to use a federal National Instant Criminal Background Check System (NICS) to conduct background checks on individuals purchasing any firearm. Before the measure became law, it was popularly known as the Brady bill, named for James Brady, the White House press secretary who was seriously injured in an attempted assassination of Pres. Ronald Reagan in 1981. Brady confined to a wheelchair and unable to resume his duties, campaigned vigorously for the bill, despite fierce opposition from the National Rifle Association (NRA), one of Washington’s most-formidable interest groups. The waiting period went into effect on February 28, 1994. As originally written, the Brady Law required state and local law-enforcement officials to perform background checks during the five-day waiting period. That provision, however, was struck down by the Supreme Court in Printz v. United States (1997). The NCIS was created by by the Federal Bureau of Investigation (FBI) and became operational on November 30, 1998.

Brady Handgun Violence Prevention Act

The Brady Handgun Violence Prevention Act enacted November 30, 1993), often referred to as the Brady Act or the Brady Bill, is an Act of the United States Congress that mandated federal background checks on firearm purchasers in the United States, and imposed a five-day waiting period on purchases, until the NICS system was implemented in 1998. The original legislation was introduced into the House of Representatives by Representative Charles E. Schumer in March 1991, but was never brought to a vote. The bill was reintroduced by Rep. Schumer on February 22, 1993 and the final version was passed on November 11, 1993. It was signed into law by President Bill Clinton on November 30, 1993 and the law went into effect on February 28, 1994. The Act was named after James Brady, who was shot by John Hinckley Jr. during an attempted assassination of President Ronald Reagan on March 30, 1981.

Brady Bill signed into law

During a White House ceremony attended by James S. Brady, President Bill Clinton signs the Brady handgun-control bill into law. The law requires a prospective handgun buyer to wait five business days while the authorities check on his or her background, during which time the sale is approved or prohibited based on an established set of criteria. In 1981, James Brady, who served as press secretary for President Ronald Reagan, was shot in the head by John Hinckley, Jr., during an attempt on President Reagan’s life outside a hotel in Washington, D.C. Reagan himself was shot in his left lung but recovered and returned to the White House within two weeks. Brady, the most seriously injured in the attack, was momentarily pronounced dead at the hospital but survived and began an impressive recovery from his debilitating brain injury. During the 1980s, Brady became a leading proponent of gun-control legislation and in 1987 succeeded in getting a bill introduced into Congress.

The Brady Bill, as it became known, was staunchly opposed by many congressmen, who, in reference to the Second Amendment to the U.S. Constitution, questioned the constitutionality of regulating the ownership of arms. In 1993, with the support of President Bill Clinton, an advocate of gun control, the Brady Bill became law.

The Brady Bill requires that background checks be conducted on individuals before a firearm may be purchased from a federally licensed dealer, manufacturer or importer unless an exception applies. If there are no additional state restrictions, a firearm may be transferred to an individual upon approval by the National Instant Criminal Background Check System (NICS) maintained by the FBI. In some states, proof of a previous background check can be used to bypass the NICS check. For example, a state-issued concealed carry permit usually includes a background check equivalent to the one required by the Act. Other alternatives to the NICS check include state-issued handgun purchase permits or mandatory state or local background checks.

In Section 922(g) of title 18, United States Code the Brady Bill prohibits certain persons from shipping or transporting any firearm in interstate or foreign commerce, or receiving any firearm which has been shipped or transported in interstate or foreign commerce, or possessing any firearm in or affecting commerce. These prohibitions apply to any person who:

• Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
• Is a fugitive from justice;
• Is an unlawful user of or addicted to any controlled substance;
• Has been adjudicated as a mental defective or committed to a mental institution;
• Is an alien illegally or unlawfully in the United States;
• Has been discharged from the Armed Forces under dishonourable conditions;
• Having been a citizen of the United States, has renounced U.S. citizenship;
• Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner, or;
• Has been convicted in any court of a misdemeanour crime of domestic violence.

Section 922(n) of title 18, Utah Code makes it unlawful for any person who is under indictment for a crime punishable by imprisonment for a term exceeding one year to ship or transport any firearm in interstate or foreign commerce, or receive any firearm which has been shipped or transported in interstate or foreign commerce. After a prospective buyer completes the appropriate form, the holder of a Federal Firearms License (FFL) initiates the background check by phone or computer. Most checks are determined within minutes. If a determination is not obtained within three business days then the transfer may legally be completed. Firearm transfers by unlicensed private sellers that are “not engaged in the business” of dealing firearms are not subject to the Brady Act, but may be covered under other federal, state, and local restrictions. The Brady Bill also does not apply to licensed Curios & Relics (C&R) collectors, but only in respect to C&R firearms. The FFL Category 03 Curio & Relic license costs $30 and is valid for three years. Licensed C&R collectors may also purchase C&R firearms from private individuals or from federal firearms dealers, whether in their home state or in another state, and ship C&R firearms in interstate commerce by common carrier. The regulation further states:

To be recognized as curios or relics, firearms must fall within one of the following categories:
• Firearms which were manufactured at least 50 years prior to the current date, but not including replicas thereof;
• Firearms which are certified by the curator of a municipal, State, or Federal museum which exhibits firearms to be curios or relics of museum interest; or
• Any other firearms which derive a substantial part of their monetary value from the fact that they are novel, rare, bizarre, or because of their association with some historical figure, period, or event. Proof of qualification of a particular firearm under this category may be established by evidence of present value and evidence that like firearms are not available except as collector’s items, or that the value of like firearms available in ordinary commercial channels is substantially less.

The Brady Act

The Brady Handgun Violence Prevention Act of 1993 (“Brady Act”) effected amendments to the GCA, originally imposing a five-day waiting period for law enforcement to review the background of a prospective handgun purchaser before a licensed dealer was entitled to complete the sale of a handgun to that person. The purpose of the check is to allow law enforcement to confirm that the prospective buyer is not a prohibited purchaser (see discussion of “prohibited purchaser” in connection with the FFA, above, and the posts on Background Checks and Prohibited Purchasers Generally) before the sale is consummated. The five-day waiting period has now been replaced with an instant check system, which can be extended to three days when the results of the check are not clear. Persons who have a federal firearms license or a state-issued permit to possess or acquire a firearm (such as a state-issued concealed carry permit that is valid for not more than five years) are not subject to the waiting period requirement. As more states enact “shall issue” concealed carry permit laws, this category of persons exempt from the Brady Act increases. In 1998, the Act became applicable to shotguns and rifles.

The Brady Act is codified at 18 U.S.C. § 921 et seq. Additional details about the Brady Act may be found in the posts discussing federal law on Background Checks, Prohibited Purchasers Generally and Dealer Regulations.
Notice that firearms are prohibited may be given by:
• Personal communication to the actor by the church or organization or a person with authority to act for the person or entity;
• Posting of signs reasonably likely to come to the attention of persons entering the house of worship or private residence;
• Announcement by a person with authority to act for the church or organization operating the house of worship in a regular congregational meeting in the house of worship;
• Publication in a bulletin, newsletter, worship program or similar document generally circulated or available to the members of the congregation regularly meeting in the house of worship; or
• Publication in a newspaper of general circulation in the county in which the house of worship is located or if the church or organization operating the house of worship has its principal office in this state.

Minimum Age to Purchase & Possess in Utah

Utah law provides that no person under age 18 may possess a handgun, sawed-off rifle, sawed–off shotgun, or fully automatic weapon. The state further prohibits any person under 18 years of age from possessing any other firearm (i.e., a rifle or shotgun) unless he or she:
• Has the permission of one’s parent or guardian to have the weapon; or
• Is accompanied by a parent or guardian while in possession of the gun.
Exceptions regarding possession of handguns by minors include any person:
• Firing at lawfully operated target concessions at amusement parks, piers, and similar locations provided the firearms to be used are firmly chained or affixed to the counters;
• In attendance at a hunter’s safety course or a firearms safety course;
• Engaging in practice or any other lawful use of a firearm at an established range or any other area where the discharge of a firearm is not prohibited by state or local law;
• Engaging in an organized competition involving the use of a firearm, or participating in or practicing for such competition;
• Under age 18 who is on real property with the permission of the owner, licensee, or lessee of the property and who has the permission of a parent or legal guardian or the owner, licensee, or lessee to possess a firearm not otherwise in violation of law;

Any person under 14 years of age in possession of a dangerous weapon shall be accompanied by a responsible adult. A “dangerous weapon” is “any item that in the manner of its use or intended use is capable of causing death or serious bodily injury.” An applicant for a concealed firearms permit must be 21 years of age or older. Applicants between the ages of 18 and 20 may apply for a provisional permit that allows the permittee to carry in the state without restriction except for elementary and secondary school campuses.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

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4.9 stars – based on 67 reviews


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Persons Prohibited From Possessing A Firearm

Persons Prohibited From Possessing A Firearm

The Gun Control Act of 1968, as amended by the 1994 Brady Handgun Violence Prevention Act, prohibits certain people from possessing a firearm. The possession of any firearm by one of these “prohibited persons” is a felony offense. It is also a felony for any person, including a registered Federal Firearms Licensee to sell or otherwise transfer any firearm to a person knowing or having “reasonable cause” to believe that the person receiving the firearm is prohibited from firearm possession.

There are nine categories of people prohibited from possessing firearms under the Gun Control Act:

• Persons under indictment for, or convicted of, any felony crime punishable by imprisonment for a term exceeding one year
• Fugitives from justice
• Persons who are unlawful users of, or addicted to, any controlled substance
• Persons who have been declared by a court as mental defectives or have been committed to a mental institution
• Illegal aliens or aliens who were admitted to the United States under a nonimmigrant visa
• Persons who have been dishonorably discharged from the Armed Forces
• Persons who have renounced their United States citizenship
• Persons subject to certain types of restraining orders
• Persons who have been convicted of a misdemeanor crime of domestic violence

In addition, most persons under 18 years of age are prohibited from possessing handguns. These federal laws impose a life-long ban on gun possession by anyone convicted of a felony, as well as those merely under indictment for a felony. In addition, the federal courts have held that under the Gun Control Act, persons convicted of felonies are banned from owning guns even if they never serve jail time for the crime.

Prohibited Persons

Prohibited persons” may not possess firearms or ammunition. It is also unlawful to knowingly give a prohibited person firearms or ammunition. Those restrictions seem straight-forward, but there are unique definitions and exceptions that apply. These details should be understood so that you know exactly who is a prohibited person and precisely what they are prohibited from possessing. There are two categories of persons who may not possess firearms or dangerous weapons under Utah law. Penalties for weapons possession by category I restricted persons are more severe than the penalties for possession by category II restricted persons.

Category I covers persons who have “been convicted of any violent felony” or are “on probation or parole for any felony” or have been “within the last 10 years an adjudicated delinquent for an offense which if committed by an adult would have been a violent felony”. Under Utah law, “A Category I restricted person who intentionally or knowingly agrees, consents, offers, or arranges to purchase, transfer, possess, use, or have under his custody or control, or who intentionally or knowingly purchases, transfers, possesses, uses, or has under his custody or control any firearm is guilty of a second degree felony.”

Category II covers persons who have “been convicted of or are under indictment for any felony” or have “within the last seven years been an adjudicated delinquent for an offense which if committed by an adult would have been a felony” or are “an unlawful user of a controlled substance” or have “been found not guilty by reason of insanity for a felony offense” or have “been found mentally incompetent to stand trial for a felony offense” or have “been adjudicated as mentally defective as provided in the Brady Handgun Violence Prevention Act” or are “an alien who is illegally or unlawfully in the United States” or have “has been dishonorably discharged from the armed forces” or have “renounced his citizenship after having been a citizen of the United States”. A Category II restricted person who purchases, transfers, possesses, uses, or has under his custody or control any firearm is guilty of a third degree felony under Utah law. In addition to any person who has been convicted of any offense listed under §6105(b), the following persons shall not be eligible for or permitted to possess a firearm:

• You are a fugitive from justice.
• You were convicted of an offense under the “Controlled Substance, Drug, Device and Cosmetic Act”, or any equivalent Federal statute, or equivalent statute of any other state, that may be punishable by a term of imprisonment exceeding two years.
NOTE: This refers to the maximum sentence you could have received, not the actual sentence you did receive.
• You have been convicted of Driving Under the Influence of Alcohol or Controlled Substance (DUI) on three or more separate occasions within a five-year period. For the purposes of this paragraph only, the prohibition of possessing firearms shall only apply to transfers or purchases of firearms after the 3rd conviction. This means that you may keep what firearms you have if this is the only paragraph that applies to you. However, you may not transfer or receive any firearms.
• You have been adjudicated as an incompetent or you have been involuntarily committed to a mental institution for inpatient care and treatment under the Mental Health Procedures Act. This paragraph does not apply to any proceeding under §302 of the Mental Health Procedures Act if the examining physician issued a certification that inpatient care was not necessary or that the person was not committable.

• You are an alien who is illegally or unlawfully in the United States.
• You are the subject of an active final protection from abuse order issued pursuant to 23 Pa.C.S. §6108, are the subject of any other active protection from abuse order issued pursuant to 23 Pa.C.S. §6107(b), which provided for relinquishment of firearms during the period of time the order is in effect or are otherwise prohibited from possessing or acquiring a firearm under 18 U.S.C. §922 (g)(8). This prohibition shall terminate upon the expiration or vacation of the order or portion thereof relating to relinquishment of firearms.

• You, as a juvenile, were adjudicated delinquent of the below mentioned offenses, or under any equivalent Federal statute, or statute of any other state:

• §2502 (relating to Murder)
• §2503 (relating to Voluntary manslaughter)
• §2702 (relating to Aggravated assault)
• §2703 (relating to Assault by prisoner)
• §2704 (relating to Assault by life prisoner)
• §2901 (relating to Kidnapping)
• §3121 (relating to Rape)
• §3123 (relating to Involuntary deviate sexual intercourse)
• §3301 (relating to Arson and related offenses)
• §3502 (relating to Burglary)
• §3701 (relating to Robbery)
• §3923 (relating to Theft by extortion) when the offense is accompanied by threats of violence

• You, as a juvenile, were adjudicated delinquent of any of the offenses mentioned in §6105(b) or under any equivalent Federal statute, or statute of any other state with the exception of those crimes mentioned in paragraph 7. This prohibition will terminate 15 years after the last applicable delinquent adjudication or upon the person reaching the age of 30, whichever is earlier.

• You are prohibited from possessing or acquiring a firearm under federal law because you have been convicted of a misdemeanor crime of domestic violence*. If the offense which resulted in the prohibition under 18 U.S.C. §922(g) was committed by a person in any of the following relationships:

(i) the current or former spouse, parent or guardian of the victim;
(ii) a person with whom the victim shares a child in common;
(iii) a person who cohabits with or has cohabited with the victim as a spouse, parent or guardian; or
(iv) a person similarly situated to a spouse, parent or guardian of the victim; then the relationship need not be an element of the offense to meet the requirements of this paragraph.

• You, as the subject of a temporary or active final protection from abuse order, were convicted under 18 Pa.C.S. §6105(a.1 of failing to relinquish a firearm or other weapon or ammunition to the Sheriff or other law enforcement agency as required by the order. This prohibition terminates five years after the date of conviction, final release from confinement or final release from supervision, whichever is later.

What to Do if You’re a Prohibited Person

If you are a prohibited person, stay away from firearms for as long as you remain a prohibited person. Possession of a firearm is enough to get you into trouble – it doesn’t have to be your firearm. Also, be extremely careful near firearms even if you’re not physically holding one. Depending on the situation, having access to a nearby firearm might be enough to get you into trouble. If you want to regain your right to possess a firearm, you should contact an attorney in the state where the event happened that keeps you from possessing firearms. You may be able to overturn your status as a prohibited person. It is rare, but it can happen. Whatever you do, do not try to have someone else get a firearm or ammunition for you.

Prohibited Purchasers In Utah

Federal law prohibits certain persons from purchasing or possessing firearms, such as felons, certain domestic abusers, and certain people with a history of mental illness. Utah law provides that, subject to certain limited exceptions, no person shall possess a firearm if he or she:
Is a Category I restricted person, meaning a person who:

• Has been convicted of any violent felony;
• Is on probation or parole for any felony;
• Is on parole from a “secure facility”;or
• Within the last 10 years has been adjudicated delinquent for an offense which if committed by an adult would have been a violent felony; or
• Is an alien who is illegally or unlawfully in the U.S.;
Is a Category II restricted person, meaning a person who:
• Has been convicted of a felony or, within the last seven years has been adjudicated delinquent for an offense which if committed by an adult would have been a felony;
• Is an unlawful user of a controlled substance;
• Is in possession of a dangerous weapon and is knowingly and intentionally in unlawful possession of a Schedule I or II controlled substance;
• Has been found not guilty by reason of insanity of, or has been found mentally incompetent to stand trial for, a felony offense;
• Has been adjudicated mentally defective as provided in the Brady Handgun Violence Prevention Act, codified at 18 U.S.C. § 921 et seq. or has been committed to a mental institution;
• Has been dishonorably discharged from the armed forces;
• Has renounced one’s citizenship after having been a citizen of the U.S.;

• Is subject to a final domestic violence protective order if the order includes a finding that:
• The respondent or defendant represents a credible threat to the physical safety of an intimate partner as defined by federal law; or
• Explicitly prohibits the use, attempted use, or threatened use of physical force that would reasonably be expected to cause bodily harm against an intimate partner or the child of an intimate partner; or
• Has been convicted of a domestic violence misdemeanor.
Individuals subject to a sexual violence protective order are prohibited from purchasing or possessing firearms so long as: The respondent has been given notice of the petition for a protective order and an opportunity to be heard; and the petition establishes:
• By a preponderance of the evidence that the respondent committed sexual violence against the petitioner; and
• By clear and convincing evidence that the respondent’s use or possession of a firearm poses a serious threat of harm to the petitioner or a family or household member designated in the protective order.
Additionally, a person who has been convicted of a crime for which the penalty was enhanced due to the offense being “gang-related” may not possess a firearm or ammunition within a minimum of five years after the conviction. Utah repealed its prohibition against firearm possession by a person currently under indictment for a felony.

A Category I restricted person who intentionally or knowingly agrees, consents, offers, or arranges to purchase, transfer, possess, use, or have under one’s custody or control, or who intentionally or knowingly purchases, transfers, possesses, uses, or has under one’s custody or control any firearm is criminally liable for a second degree felony.
A Category II restricted person who purchases, transfers, possesses, uses, or has under one’s custody or control any firearm is criminally liable for a third degree felony. A person may be subject to the restrictions of both categories at the same time. If a finding is made that the subject of a child protective order or an ex parte child protective order may pose a serious threat of harm to the minor, the order may prohibit the subject from purchasing, using or possessing a firearm.

Gun Lawyer Free Consultation

When you need legal help with gun law in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

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4.9 stars – based on 67 reviews


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Firearms Dealers And Licensing Requirements

Firearms Dealers And Licensing Requirements

Although nearly all firearms in the United States are originally sold by licensed gun dealers, these dealers are subject to very little federal scrutiny. The lack of oversight, due to inadequate funding and gun lobby-backed legislation, too often allows corrupt or irresponsible gun dealers to endanger public safety without any accountability or consequences. Firearms initially enter the consumer market through gun dealers, who are the critical link between manufacturers or distributors and the general public. Even though all guns that are sold to the public, including guns that end up recovered in crimes, originate with dealers, dealers are subject to very little federal oversight. Over 56,600 individuals currently have “Type 1” federal firearms licenses, which allow them to act as firearms dealers, and almost 8,000 individuals have “Type 2” licenses, which allow them to buy and sell guns as pawnbrokers. About 71,452 individuals have other types of federal firearms licenses. Federal dealer licenses are in high demand because a dealer may purchase unlimited quantities of firearms through the mail, at wholesale prices, without being subject to background checks or any state or local waiting periods.

GUN DEALERS AND TRAFFICKING

Oversight of dealers is critical because gun dealers represent a major source of illegally trafficked firearms. Despite the need for strong dealer oversight, ATF faces numerous obstacles that enable corrupt dealers to go undetected and unpunished. For example, ATF may conduct only one unannounced inspection of each dealer per year, the burden of proof for prosecution and revocation are extremely high, and serious violations of firearms laws have been classified as misdemeanors rather than felonies. In addition, ATF has historically been grossly underfunded and understaffed. FFLs must be monitored to ensure that firearms are not stolen or trafficked. Missing guns pose a serious risk to public safety because they may end up in criminal hands and cannot be traced to the initial purchaser. Federal law makes it unlawful for any person except a licensed dealer to “engage in the business” of dealing in firearms. As applied to a firearms dealer, the term “engaged in the business” is defined as: person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms, but such term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms. By contrast, a so-called “private seller” (one who is not “engaged in the business”) is exempt from federal licensing requirements. A Federal Firearms License (FFL) is a license in the United States that enables an individual or a company to engage in a business pertaining to the manufacture or importation of firearms and ammunition, or the interstate and intrastate sale of firearms. Holding an FFL to engage in certain such activities has been a legal requirement within the United States since the enactment of the Gun Control Act of 1968. The FFL is issued by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE, commonly known as the “ATF”).

A gun shop (also known by various other names such as firearm store and gun store) is a business establishment that sells small arms, such as handguns and shotguns, to individuals in an open shopping format. It may also provide repairs for firearms and their parts. Other items such as ammunition and accessories for hunting are frequently sold on the premises as well, even including souvenir t-shirts. Often having designs reminiscent of other establishments such as department stores displaying various items of clothing on racks and grocery stores displaying various foodstuffs on shelves, these firms operate under widely different gun control laws depending on the specific nation-state and locality involved. Some locations may only employ a single gunsmith in a small space while others might have many individuals working in a large space. The arms industry, also known as the defense industry or the arms trade, is a global industry which manufactures and sells weapons and military technology. It consists of a commercial industry involved in the research and development, engineering, production, and servicing of military material, equipment, and facilities.

Arms-producing companies, also referred to as arms dealers, defense contractors, or as the military industry, produce arms for the armed forces of states and for civilians. Departments of government also operate in the arms industry, buying and selling weapons, munitions and other military items. An arsenal is a place where arms and ammunition – whether privately or publicly owned – are made, maintained and repaired, stored, or issued, in any combination. Products of the arms industry include guns, artillery, ammunition, missiles, military aircraft, military vehicles, ships, electronic systems, night-vision devices, holographic weapon sights, laser rangefinders, laser sights, hand grenades, landmines and more. The arms industry also provides other logistical and operational support. A firearms license (also known as a gun license) is a license or permit issued by a government authority (typically by the police) of a, that allows the licensee to buy, own, possess, or carry a firearm, often subject to a number of conditions or restrictions, especially with regard to storage requirements or the completion of a firearms safety course, as well as background checks, etc. Firearms licenses are not required in all jurisdictions. Additionally, some countries or states may require by law a “permit-to-purchase” in order to buy handguns or firearms The permit or license scope varies according to what firearm(s) or activity(s) it allows the holder to legally do with the firearm. Some jurisdictions may require a firearm license to own a firearm, to engage in hunting, target shooting or collecting, or to carry a concealed firearm, or operate a business (such as being a gun dealer or a gunsmith). Some jurisdictions may require separate licenses for rifles, shotguns or handguns. A criminal background check is required if a gun is purchased from a licensed dealer.

STATES WITH STRICT LIABILITY on FIREARMS DEALERS

Two states—Connecticut and Pennsylvania—as well as the District of Columbia, impose strict liability on firearms dealers under certain circumstances. In Connecticut, any person who sells, delivers or otherwise transfers a firearm to a person knowing that person is prohibited from possessing such firearm “shall be strictly liable for damages for the injury or death of another person resulting from the use of such firearm by any person.” Connecticut also provides that any person who sells, delivers or provides any firearm to another person to “engage in conduct which constitutes an offense knowing or under circumstances in which he should know that such other person intends to use such firearm in such conduct shall be criminally liable for such conduct and shall be prosecuted and punished as if he were the principal offender.” The District of Columbia provides that any firearms dealer who can be shown by a preponderance of the evidence to have knowingly and willfully engaged in the illegal sale of a firearm will be strictly liable in tort for all damages caused by the discharge of the firearm in the District, regardless of whether the person operating the firearm is the original, illegal purchaser.

A strict liability action may not be brought, however:
• When the basis of the strict liability is a firearm originally distributed to a law enforcement agency or a law enforcement officer.
• By a person who can be shown by a preponderance of the evidence to have committed a self-inflicted injury or who was injured by a firearm while committing a crime, attempting to commit a crime, engaged in criminal activity, or engaged in a delinquent act.
• By a person who can be shown by a preponderance of the evidence to be engaged in the sale or distribution of illegal narcotics.
• By a person who either assumed the risk of the injury that occurred or negligently contributed to the injury that occurred.
Dealers of assault weapons or machine guns in the District will also, with certain exceptions, be held strictly liable in tort for all direct and consequential damages arising from bodily injury or death if the bodily injury or death proximately results from the discharge of the assault weapon or machine gun in the District.

Federal law requires federally licensed firearms dealers (but not private sellers) to initiate a background check on the purchaser prior to sale of a firearm. Federal law provides states with the option of serving as a state “point of contact” and conducting their own background checks using state, as well as federal, records and databases, or having the checks performed by the FBI using only the federal National Instant Criminal Background Check System (“NICS”) database. (Note that state files are not always included in the federal database.) Utah is a point of contact state for NICS. Utah law provides that, before transferring a firearm, all firearm dealers in Utah must contact the Criminal Investigations and Technical Services Division of the Department of Public Safety (more commonly known as the Bureau of Criminal Identification, or BCI), which conducts the background check referenced above. The dealer must require an individual receiving a firearm to present one form of government-issued photo identification. The individual must consent in writing to the background check and provide personal information on a form provided by BCI. The dealer must then contact BCI by telephone or electronic means.

BCI is required to review criminal history files, including juvenile court records, to determine if the individual is prohibited from purchasing or possessing a firearm by state or federal law, prior to approving a firearm transfer. The dealer may not transfer the firearm until receiving approval from BCI. Federal law does not require dealers to conduct a background check if a firearm purchaser presents a state permit to purchase or possess firearms that meets certain conditions. As a result, Utah concealed handgun license holders are exempt from the federal background check requirement when purchasing a firearm. Utah law also exempts concealed handgun license holders from the state provision requiring a background check. (Note, however, that people who have become prohibited from possessing firearms may continue to hold state firearms licenses if the state fails to remove these licenses in a timely fashion.) Firearms transfers by private sellers (sellers who are not licensed as firearms dealers) are not subject to background checks in Utah.

DEALER DUTIES AND PROHIBITIONS

Once licensed, federal law requires dealers to:
• Initiate background checks on unlicensed firearm purchasers.
• Maintain records of the acquisition and sale of firearms.
• Report multiple sales of handguns (i.e., the sale of two or more pistols or revolvers to an unlicensed person within any five consecutive business days).
• If a licensed dealer in California, Arizona, New Mexico, or Texas, report the sale of two or more of certain semiautomatic rifles to an unlicensed person within any five consecutive business days.
• Report the theft or loss of a firearm within 48 hours after the theft or loss is discovered.
Dealers must also submit to a maximum of one ATF inspection per year to ensure compliance with federal recordkeeping requirements. More frequent inspections are permitted if a federal magistrate has issued a search warrant or if the search is incidental to a criminal investigation. In addition, dealers must respond to requests for information from ATF regarding the disposition of a firearm if such request is made during the course of a bona fide criminal investigation.
A licensed dealer may not sell or deliver:
• A handgun to a resident of another state.
• A handgun or handgun ammunition to a person the dealer knows or has reasonable cause to believe is under the age of 21.
• A shotgun or rifle or ammunition for that firearm to a person the dealer knows or has reasonable cause to believe is under the age of 18.
A dealer may sell a rifle or shotgun to a resident of a different state if the sale is conducted in person at the dealer’s place of business and the sale complies with all of the legal conditions for sale in both states. A dealer may not deliver a handgun to a purchaser through the mail; however, a dealer may mail a handgun in the course of a customary trade shipment to a firearms manufacturer or other FFL. Federal law does not require dealers to conduct business on commercial premises. Dealers may temporarily conduct business at a location other than that specified on the dealer’s license if the temporary location is a gun show in the state specified on the license.

Firearms Lawyer Free Consultation

When you need legal help with gun law in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

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Special Occupations Tax

Special Occupations Tax

Class III NFA Weapons/Title 2 firearms are not as commonly known nor as straight forward as the Title 1 firearms. All class III /title 2 weapons fall into 1 of 6 different categories.

• Machineguns,
• Short Barrelled Rifles (SBRs),
• Short Barrelled Shotguns (SBSs),
• Suppressors,
• Any Other Weapon (AOWs) and
• Destructive Devices.

All title 2 firearms are regulated by what’s known as the National Firearm Act or what we refer to as NFA. One could spend months reading about NFA but I’ll hit the major misconception – which are, contrary to the assumptions by many individuals AND even law enforcement, that NFA weaponry:

• Is legal in almost every state. Most all 6 categories above are allowed in just about all states within the Continental United States. A few states restrict machinegun ownership, others may restrict short barrelled shotguns (SBSs) or suppressors, etc.

• One does not need to obtain a “Class III” weapons license to own. In fact, there really is no such thing as a class III NFA weapons license. When a Title 1 FFL dealer pays what is known as a Special Occupation Tax, he/she then becomes a SOT that can then deal in NFA/Title 2 weapons. SOTs have several classes too and they are based on the type of FFL license you currently hold. The term Class 3 comes from when a normal Type 1 (standard dealer) FFL holder pays his SOT tax. He becomes a Type 3 SOT hence the term Class 3.

• Transferring ownership of an NFA weapon – All NFA weapons regardless of category (machineguns, silencers, etc.) are controlled during their transfer from one person/entity to another. These weapons transfer to another entity on what is called ATF tax forms. Each ownership transfer MUST be approved by the ATF before the transfer takes place. This approval takes sometimes many months. Generally individual transfer is approved in 3-4 months, dealer to dealer in 3-4 weeks. When the ATF approves the transfer, they cancel a tax stamp and this is why you sometimes hear some say class 3 stamp. Transfers from/to individuals require a one-time $200 tax stamp to be paid for EACH transfer (AOWs require just a $5 stamp). These are considered tax paid transfers and usually are on an ATF form 4. Dealers can transfer to other dealers using a tax free Form . If a person buys NFA weapon(s) or item from someone outside his/her domicile (home) state, the weapon must be transferred 1st to a SOT holder within the buyer’s state, similar to a Title 1 firearm transaction. It must go to a FFL/SOT dealer in the buyer’s state before going to the buyer.

• Making of NFA weapons. In 1986 President Ronald Reagan signed a bill that basically stopped the making of any new machineguns. The Firearm Owners Protection Act, which would loosen restrictions on gun ownership with the reopening of interstate sales of long guns on a limited basis, legalization of ammunition shipments through the U.S. Postal Service (a partial repeal of the Gun Control Act), removal of the requirement for record keeping on sales of non-armour-piercing ammunition, and federal protection of transportation of firearms through states where possession of those firearms would otherwise be illegal, also contained an amendment, The Hughes Amendment which prohibited civilians from owning any machine gun manufactured after 1986. All the other 5 categories (SBRs, SBSs, Silencers, AOWs and Destructive Devices) however can still be made, even by an individual, if he/she first applies for and receives permission to do so. They will file an ATF Form 1 (maker form) and pay a $200 make tax fee. A civilian can still legally own any machinegun that was created PRIOR to May, 1986 as long as they get approval on the ATF form 4 discussed above. Remember that no civilian can possess a machinegun manufactured AFTER May 1986 except for law enforcement and military so there is a finite quantity available.

• Utah is a special state when it comes to Class III NFA weapons. Part of the Form 1 or Form 4 approval process requires that you need to get local Chief Law Enforcement Official (Sheriff or Chief of City Police) to sign off on your form. Well, several years ago, a bill was passed in TN that makes it a SHALL SIGN state which means the Sheriff or Chief MUST sign approval for your transfer unless there is something in your NCIS background check that would otherwise prevent it. No other state does this. Some officials have erroneously associated their approval with liability on their part. When in all actuality, the signoff in the ATFs eyes is ONLY to state that the individual has nothing negative in his or her NCIS check. Corporations (LLC, INC, etc.) and Trusts (Revocable) do NOT need LEO signoff or fingerprints (still need ATF approval) however they may have tax implications.

• An interesting and widely unknown fact, since the NFA went into effect in 1934, there has only been ONE, yes, ONE single felony committed in the whole United States since 1934 that involved a legally registered NFA firearm. And it was committed ironically by a crooked police officer who went to a drug house and shot someone on the premises. He used his legally acquired UZI sub machinegun to commit the crime. You hear all the time of machineguns and sawed off shotguns in the news but these have all been by individuals possessing an illegal, non registered weapon. There are millions of records of legally owned entries on the NFA registry too, so it’s not like we’re talking just a few hundred or thousand potential individuals.

Six (6) distinct types of Class III NFA weapons

• Machineguns – Often referred to as full-autos, automatics, etc… any firearm which fires more than 1 bullet for each individual pull of the trigger.

• Short Barrelled Rifles (SBR) – Rifles with barrels less than 16″.

• Short Barrelled Shotguns (SBS) – Shotguns with barrels less than 18”.

• Silencers (Suppressors). Silencers/Suppressors are never portrayed accurately in the movies. If the bullet speed breaks the sound barrier, you WILL hear a pop. Suppressors are meant to alter the signature of a weapon so that it sounds like something else and/or the sound heard doesn’t mark the shooter’s position as easily as a non-suppressed weapon. .22 cal firearms can be suppressed very well though. You can make them so quiet that the action cycling produces more sound than the fired bullet does. With other calibers, sub sonic ammo can be used to lessen the signature as the bullet leaves the barrel. Best analogy I can give is a normal suppressed 5.56/223 from an AR15 will sound more like a .22 cal. rifle being fired.

• Any Other Weapon (AOW) – these are usually things that don’t meet the other criteria above. Put a fore grip on a pistol, guess what? You JUST made an AOW weapon and if the proper paperwork and approval were not obtained prior, you have violated NFA regulations and possess a contraband weapon that carries severe fines and penalties. Other common AOW classifications are these wallet holsters you see that are meant to be/could be fired while the weapon is still in the holster. Pen guns are another example. AOWs are a little special in that the transfer tax for them is only $5.00. Ironically, the “maker” of the AOW still has to pay a $200 maker Form 1 fee just like he/she would to make a SBR, SBS or Silencer.

• Destructive Devices (DDs) – these are self explanatory, but the ATF has classified several classes of shotguns now as destructive devices. The infamous ‘Street Sweeper’ shotgun is considered a DD by the ATF and falls into the title 2/NFA realm.

ATF forms usually used in dealing with these weapons

• ATF Form 1 – Maker Form – used by non manufactures to make NFA weapons – for civilians, only Short Barrel Rifles, Short Barrelled Shotguns, Silencers and AOWs can still be made (after May 1986). The ‘one time’ tax stamp for this form is $200. Maker will receive an approved form back from ATF and he/she can then make the item in question. Once made, if transfer of ownership is ever needed, this would be facilitated on a Form 4 below.

• ATF Form 2 – Manufacturer Registration Form – used by manufacturers only.

• ATF Form 3 – Dealer to Dealer tax-free form. Any SOT can transfer to any other SOT tax free NFA weapons he/she has in their possession/ownership. This is usually done when someone buys an item and it is transferred from a dealer in one state to a dealer in the buyer’s state to facilitate the approval/filing process.

• ATF Form 4 – Tax paid to/from individual form – used when a NFA item is transferred TO or FROM an individual. Even if the individual transfers the said item to a SOT holder/dealer, there still is a $200 transfer tax. Once the SOT has it, they can transfer it back out to another SOT holder tax free (Form 3) or directly to another individual in their state on a tax paid (Form 4).

• ATF Form 5 – Used to transfer NFA items to police departments for official use – tax fee transfer. Dealer use only.

• ATF Form 5320 – Used in the Interstate Transportation of all Title II firearms. If you are traveling between states, you WILL need to fill this form out a few weeks in advance. NFA weapons must remain in the possession of the registered owner so short of just a few exceptions; you may not permit anyone to have possession of your weapon without you being in immediate presence.

What is an SOT?

An SOT is a taxpayer (entity) with an FFL that has registered with the federal government and paid an annual tax. The status as an SOT applies to the entity (business). This means that a business can get more than one FFL and it can rely on its status as the same SOT. The SOT tax must be paid every year by July 1st, and the cost of the FFL and SOT registration varies per FFL Type and, in some cases, by annual sales. Unfortunately, if you decide to become an SOT on June 1st, you’ll either need to pay again for the next year on July 1st or you’ll need to wait until July 1st to start the next SOT tax year.

How to Become a Class 3 Dealer?

This is what most people are wondering about when they ask “How do I become a Class 3 License?” The first step is to become a Federal Firearm Licensee. After you have your FFL, you’re ready to register as an SOT and pay the appropriate tax:

Ensure that You Have the Correct FFL/Business Structure

You must ensure that you set your business up properly and got the correct type of FFL. If you took our course, don’t worry – you’re all set! If you want to be a dealer, you may use a Type 7 manufacturer’s license. The opposite isn’t true – a Type 1 dealer may not manufacture firearms. NFA firearms will be registered to the entity. We recommend using an actual business entity (a corporation or LLC) for liability purposes, but being a sole proprietor does have one benefit for some. If you decide to go out of business and give up your FFL, then all of the firearms, including NFA firearms (except post-1986 machine guns), can transfer freely (no transfer tax) to you as an individual. This is because the NFA firearms are registered to the SOT (the entity) and not the FFL license.

Select Your Class of SOT and Tax-rate

the Class of SOT you must become depends on the activity you want to engage in. Once you’ve determined that Class of SOT you need to become, you must then figure out your tax rate. For some FFLs, the SOT tax rate changes depending on whether your total sales are over or under $500,000 annually.

Take an Online SOT Registration Course

The actual process of getting your FFL License and registering as an SOT can be difficult. However, thanks to online SOT certification courses, it’s never been easier. However, it’s incredibly important that you take the right one. When choosing an SOT Registration course, you should look to make sure that you are getting: legal advice from an actual firearms attorney that has the appropriate certifications:

• legal advice from an actual firearms attorney that has the appropriate certification guidance from a true industry insider/professional who knows the ins-and-outs of both the firearms industry and the ATF

• guidance from a true industry insider/professional who knows the ins-and-outs of both the firearms industry and the AT professional software that helps you track your progress automatically notifies you of any updates in the law and provides follow-on training and certifications for both you and your employees

• professional software that helps you track your progress automatically notifies you of any updates in the law and provides follow-on training and certifications for both you and your employees

Finally, Apply for and Register as an SOT

Upon ensuring you have the correct FFL and business type, have chosen the right Class of SOT, and taken your course, you’re finally ready to apply for your SOT registration to become a Class 3 dealer, a Class 2 Manufacturer, or a Class 1 Importer. Now, the steps to this can be very difficult and may require multiple forms and extra steps depending on your situation.

Title 2 Firearms Lawyer Free Consultation

When you need legal help with spcial occupations tax or firearms licensing in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

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Firearm Regulations

Firearm Regulations

Utah generally prohibits carrying a concealed firearm without a concealed carry permit including an unloaded firearm on the person or a firearm that is readily accessible for immediate use which is not securely encased in a vehicle, unless the vehicle is in the person’s lawful possession or the person is carrying the loaded firearm with the consent of the person lawfully in possession of the vehicle. Utah also generally applies the same restrictions on carrying a loaded handgun in a vehicle without the consent of the individual who is lawfully in possession of the vehicle, except for concealed carry permit holders.

However, no person may possess a loaded long gun in any vehicle. Subject to limited exceptions, Utah law also generally prevents individuals from enforcing restrictions on individuals’ ability to transport or store a firearm in a vehicle on any property designated for motor vehicle parking, if:
• the individual is legally permitted to transport, possess, purchase, receive, transfer, or store the firearm;
• the firearm is locked securely in the motor vehicle or in a locked container attached to the motor vehicle while the motor vehicle is not occupied; and
• the firearm is not in plain view from the outside of the motor vehicle.4 This rule does not apply, however, to school premises, government entities, religious organizations, and certain residential units.

Utah Gun Laws

Utah is a shall-issue state. Permits are issued at the state level by the Department of Public Safety. There is no permit, background check or firearms registration required when buying a handgun from a private individual. Although the state has pre-emption, Salt Lake County has established a policy that background checks for private sales in the counties three event facilities (Salt Palace Convention Center, Mountain America Expo Center and Salt Lake County Equestrian Park).

Open carry is legal in Utah if you have a concealed carry permit. The minimum age is 18 years old. Without a permit, you can only open carry a handgun if it is unloaded and at least two actions from being fired (e.g., rack the slide to chamber, then pull the trigger).

Concealed carry is legal with a license/permit. The minimum age is at least 21 years of age or 18 for a provisional permit. Utah Concealed Firearm Permits (CFP) are issued to residents and non-residents who meet the requirements. Some areas are off-limits, including courthouses and secured areas of airports. Concealed carry permits require a firearms familiarity course that has been certified by the Bureau of Criminal Investigation (BCI). In terms of reciprocity, Utah will honor all other state or county permits.

Utah is a Castle Doctrine state and has a “stands your ground” law. The person using deadly force in defense of personal or real property is presumed for the purpose of both civil and criminal cases to have acted reasonably and to have had a reasonable fear of imminent peril of death or serious bodily injury if the trespass or attempted trespass is unlawful and is made or attempted by use of force, or in a violent and tumultuous manner or for the purpose of committing a forcible felony. There is no duty to retreat if a person feels deadly force is justified to prevent a felony from being committed. The law applies in defense of real property or personal property at a person’s residence or any place where a person has a legal right to be.

Transporting Firearms and Ammunition

You may transport unloaded firearms in a locked hard-sided container as checked baggage only. Declare the firearm and/or ammunition to the airline when checking your bag at the ticket counter. The container must completely secure the firearm from being accessed. Locked cases that can be easily opened are not permitted. Be aware that the container the firearm was in when purchased may not adequately secure the firearm when it is transported in checked baggage.

Firearms

• When travelling, comply with the laws concerning possession of firearms as they vary by local, state and international governments.

• If you are travelling internationally with a firearm in checked baggage, please check the Utah Customs and Border Protection website for information and requirements prior to travel.

• Declare each firearm each time you present it for transport as checked baggage. Ask your airline about limitations or fees that may apply.

• Firearms must be unloaded and locked in a hard-sided container and transported as checked baggage only. As defined by 49 CFR 1540.5 a loaded firearm has a live round of ammunition, or any component thereof, in the chamber or cylinder or in a magazine inserted in the firearm. Only the passenger should retain the key or combination to the lock unless TSA personnel request the key to open the firearm container to ensure compliance with TSA regulations. You may use any brand or type of lock to secure your firearm case, including TSA-recognized locks.

• Firearm parts, including magazines, clips, bolts and firing pins, are prohibited in carry-on baggage, but may be transported in checked baggage.

• Replica firearms, including firearm replicas that are toys, may be transported in checked baggage only.

• Rifle scopes are permitted in carry-on and checked baggage.
Title 18, Part 1, Chapter 44, firearm definitions includes: any weapon (including a starter gun) which will, or is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; and any destructive device. As defined by 49 CFR 1540.5 a loaded firearm has a live round of ammunition, or any component thereof, in the chamber or cylinder or in a magazine inserted in the firearm.

Ammunition

• Ammunition is prohibited in carry-on baggage, but may be transported in checked baggage.

• Firearm magazines and ammunition clips, whether loaded or empty, must be securely boxed or included within a hard-sided case containing an unloaded firearm. Read the requirements governing the transport of ammunition in checked baggage as defined by 49 CFR 175.10 (a)

• Small arms ammunition (up to .75 caliber and shotgun shells of any gauge) must be packaged in a fiber (such as cardboard), wood, plastic, or metal box specifically designed to carry ammunition and declared to your airline.

• Ammunition may be transported in the same hard-sided, locked case as a firearm if it has been packed as described above. You cannot use firearm magazines or clips for packing ammunition unless they completely enclose the ammunition. Firearm magazines and ammunition clips, whether loaded or empty, must be boxed or included within a hard-sided, locked case.

• Please check with your airline for quantity limits for ammunition.
Federal law sets the minimum standards for firearm regulation. Licensed gun sellers must carry out background checks on every buyer against an FBI database. Convicted felons, illegal immigrants and those with serious mental health problems are not meant to be allowed to purchase firearms. Individual states also have their own laws, such as on what kinds of weapon are allowed to be owned or carried in public.

What is ‘open carry’?

Some states have either prohibited or strongly regulated laws surrounding “open carry,” the carrying around of guns in public but, most have weakened their laws in recent years. Thirty-one states allow the open carrying of a handgun without any licence or permit, although in some cases the gun must be unloaded. Fifteen states require some form of licence or permit in order to openly carry a handgun.

What is ‘concealed carry’?

Concealed carry is carrying a weapon such as a handgun in a concealed manner, either on one’s person or nearby. Most states banned it in the 19th century as the practice of criminals, whereas open carrying was seen as legitimate for self-defence. A special permit was required for concealed carry, with only certain qualified people granted a license. Some areas can be declared “gun free zones”, allowing a business put up a sign that makes it is illegal to carry a concealed firearm on the premises.

Gun Regulation and Legislation in Utah

The concept of gun control, firearms’ potential to cause mass casualties, and the interpretation of the 27 words comprising the Second Amendment have evolved considerably since the Bill of Rights was ratified in 1791. For instance, the National Firearms Act, which imposed a statutory excise tax on the manufacture and transfer of certain firearms and mandated registration of those firearms, was passed in 1934. This Act was challenged in 1939, which ultimately upheld the constitutionality of the National Firearms Act.

The opinion stated: “The Court cannot take judicial notice that a shotgun having a barrel less than 18 inches long has today any reasonable relation to the preservation or efficiency of a well regulated militia, and therefore cannot say that the Second Amendment guarantees to the citizen the right to keep and bear such a weapon.” Opponents of gun control believe that additional laws or regulations on firearm purchases would not stop criminals from acquiring weapons or deter crime, and that regulations would trespass only against law-abiding gun owners who are exerting their Second-Amendment right. Further, many opponents of gun control believe that better enforcement of current laws and improved mental health services would be more effective in preventing mass shootings than passing additional laws. Conversely, those who favour stricter firearm regulation argue that it’s possible to enact regulations without infringing on the rights of law-abiding citizens to possess firearms. Proponents of these regulations believe that lives could be saved by requiring universal background checks at the federal level, mandating longer waiting periods between firearm purchase and acquisition, and implementing restrictions on certain types of high-capacity guns as well as limiting the amount of ammunition legally allowed to be purchased. In order to better understand firearms-related violence, calls to Congress have been made to fund the CDC specifically to perform research in this area. Thus far, Congress has refused to do so. Private foundations have attempted to fill the gap, but have encountered a congressional roadblock: the Tiahrt Amendments, which prevent the Bureau of Alcohol, Tobacco, Firearms and Explosives from sharing its firearms-tracking database with anyone excepting law enforcement. Of course, this isn’t an all-or-nothing debate, and there are opinions all along the spectrum, from those few on the one hand who believe there should be no gun regulations at all to those few on the other who call for the wholesale repeal of the Second Amendment.

For example, some gun owners which recently made the choice to stop selling assault-style rifles and to sell firearms only to those over age 21, support the Second Amendment but simultaneously agree with Scalia’s statement that the Second Amendment “is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.”

Stand Your Ground Laws

Stand Your Ground, commonly known as “Castle Doctrine” laws that permit a person to defend themselves with deadly force and with no duty to retreat have been enacted in 27 states. These laws vary from state to state in the conditions that it may be used such as the degree of retreat, places covered and if there is any non lethal force required before using deadly force. Most of these laws will have some of the following conditions;

• An attempt to forcibly and unlawfully enter an occupied vehicle, business or residence.
• The intruder cannot have been provoked by the occupants of the home.
• There must be a reasonable belief by the occupants of the home the the intruder will cause death or serious bodily harm to them. There are a few states that allow stand your ground laws to be used for less serious felonies such as burglaries or arson.
• The intruder is required by most of these laws to be acting unlawfully.
• These laws cannot be used against law enforcement officers who are legally carrying out their duties. Such as when they are forcibly entering a premises to arrest a person.

To use the law occupants must be legally in the building or vehicle. If they are a fugitive or helping another fugitive then they cannot defend themselves with deadly force. Some states require that a person must first retreat if attacked and only use deadly force in there is no option of retreat or retreat would put the person in danger. If a Castle Doctrine law is in place a threatened person is not required to retreat from a place of work or their own house and in some states this extends to any place a person is legally entitled to be.

Firearms Attorney Free Consultation

When you need legal help with gun law in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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Child Access Prevention Laws

Child Access Prevention Laws

A child access prevention law (often abbreviated CAP law; also sometimes called a safe storage law) makes it illegal for an adult to keep a gun in a place and manner so that a child can easily access and fire it. Proponents of these laws, such as the Law Center to Prevent Gun Violence, argue that they are effective at reducing accidental gun deaths among children, since they reduce accessibility and thereby risk. The National Rifle Association has lobbied against such laws, arguing that they are ineffective and infringe on the rights of gun owners to protect their homes. “This poorly thought out legislation is without any consideration for personal circumstances.

It invades people’s homes and forces them to render their firearms useless in a self-defense situation by locking them up.”-National Rifle Association-Institute for Legislative Action on Seattle’s recently passed safe-storage ordinance (NRA-ILA 2018). CAP laws encourage the safe storage of firearms by imposing liability on adults who allow children unsupervised access to guns. Gun safety advocates support CAP laws as a way to limit firearm-related homicides, as well as a way to decrease suicides among minors and the number of children killed by unintentional shootings. Guns in homes pose a clear safety risk, particularly to children. When household guns are not stored safely or securely, the risk of death or injury only increases. Child access prevention laws hold gun owners accountable for the safe storage of firearms, imposing liability for failing to take simple yet important measures to prevent guns from falling into young hands. Easy access to firearms in the home results in high rates of unintentional gun deaths among children, youth suicides, and school shootings. Child access prevention (CAP) laws are an important tool for reducing these child gun deaths. CAP laws encourage the safe storage of firearms by imposing liability on adults who allow children to have unsupervised access to guns.

CAP laws may apply to all firearms, loaded firearms, or handguns only, and some states require that stored firearms include a locking device. Utah does not penalize an adult who recklessly or negligently allows a minor access to a firearm. In Utah, a parent or guardian may not intentionally or knowingly provide a firearm to, or permit the possession of a firearm by, any minor, defined as under age 18, who has been convicted of a violent felony or adjudicated in juvenile court for an offense which would constitute a violent felony if the minor were an adult. The state also prohibits any parent or guardian of a minor, where the parent or guardian knows that the minor is in possession of a firearm, from failing to make reasonable efforts to remove the firearm from the minor’s possession.

Minimum Age to Purchase & Possess a Gun in Utah

Too often, minors have also used their families’ unsecured firearms to intentionally perpetrate violence against others .Utah law provides that no person under age 18 may possess a handgun, sawed-off rifle, sawed–off shotgun, or fully automatic weapon. The state further prohibits any person under 18 years of age from possessing any other firearm (i.e., a rifle or shotgun) unless he or she:
• Has the permission of one’s parent or guardian to have the weapon; or
• Is accompanied by a parent or guardian while in possession of the gun.
Exceptions regarding possession of handguns by minors include any person:
• Firing at lawfully operated target concessions at amusement parks, piers, and similar locations provided the firearms to be used are firmly chained or affixed to the counters;
• In attendance at a hunter’s safety course or a firearms safety course;
• Engaging in practice or any other lawful use of a firearm at an established range or any other area where the discharge of a firearm is not prohibited by state or local law;
• Engaging in an organized competition involving the use of a firearm, or participating in or practicing for such competition;
• Under age 18 who is on real property with the permission of the owner, licensee, or lessee of the property and who has the permission of a parent or legal guardian or the owner, licensee, or lessee to possess a firearm not otherwise in violation of law;
• Who is a resident or nonresident hunter with a valid hunting license or other person who is lawfully engaged in hunting; or
• Traveling to or from any activity described above with an unloaded firearm in one’s possession (except the provision related to target concessions where the firearms must be firmly chained or affixed to the counters).
Any person under 14 years of age in possession of a dangerous weapon shall be accompanied by a responsible adult. An applicant for a concealed firearms permit must be 21 years of age or older. Applicants between the ages of 18 and 20 may apply for a provisional permit that allows the permittee to carry in the state without restriction except for elementary and secondary school campuses. Utah prohibits any person from selling handguns or long guns to a person under age 18 unless the person is accompanied by a parent or guardian.

Legal Definition of Dangerous Weapons on School Property

According to the state code, no one including Utah school kids is allowed to be in possession of any dangerous weapon, firearm or sawed-off shotgun on or around school properties. Possessing a dangerous weapon on or about school premises is a class B misdemeanor. If you decide to take a firearm or sawed-off shotgun onto school property, you’ll probably be charged with a class A misdemeanor. There is an exception to the above law. Someone, such as a school resource officer, who is authorized by the school administrator or who has a legal right to carry such a weapon can be excluded.

Description of State Child Access Prevention Laws

The majority of states have laws designed to prevent children from accessing firearms. The strongest laws impose criminal liability when a minor gains access to a negligently stored firearm. The weakest prohibit persons from directly providing a firearm to a minor. There is a wide range of laws that fall somewhere between these extremes, including laws that impose criminal liability for negligently stored firearms, but only where the child uses the firearm and causes death or serious injury. Weaker laws impose liability only in the event of reckless, knowing or intentional conduct by the adult. States also differ on the definition of “minor” for purposes of preventing access to firearms by children. Laws Imposing Criminal Liability when a Child Gains Access as a Result of Negligent Storage of a Firearm: Fourteen states (California, Connecticut, Florida, Hawaii, Illinois, Iowa, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, North Carolina, Rhode Island, and Texas) have laws that impose criminal liability on persons who negligently store firearms, where minors could or do gain access to the firearm. Typically, these laws apply whenever the person “knows or reasonably should know” that a child is likely to gain access to the firearm. There are a number of variations in these types of laws, including whether the child must use the firearm, and whether the firearm must be loaded. The most significant variations are described below:
• States Imposing Criminal Liability for Allowing a Child to Gain Access: The broadest laws apply regardless of whether the child even gains possession of the firearm. Massachusetts and Minnesota impose liability in circumstances where a child may (Massachusetts) or is likely to (Minnesota) gain access to a firearm. In Hawaii, Maryland, New Jersey and Texas, liability exists whenever a child gains access to an improperly stored firearm. In these states, it is not necessary for the child to use the firearm or cause any injury.

• States Imposing Criminal Liability Only if Child Uses or Possesses the Firearm: California, Connecticut, Florida, Illinois, Iowa, New Hampshire, North Carolina and Rhode Island require that the child possess or use the firearm in some way before liability attaches. In California, Connecticut, Illinois, Iowa, and Rhode Island, the statute applies when the child uses the firearm to cause death or serious injury. California, Iowa, Florida, New Hampshire and North Carolina also impose liability when the minor takes the firearm to a public place, and/or uses the firearm in a threatening manner. The New Hampshire and North Carolina statutes also impose liability when the child uses the firearm in the commission of a crime.
• States Imposing Criminal Liability for Negligent Storage of Unloaded Firearms: Hawaii and Massachusetts impose liability even if the firearm is unloaded. In the case of handguns only, California imposes liability when the child carries a loaded or unloaded handgun off-premise. All other states require that the firearm be loaded for liability to attach.
• Common Exceptions: States allow several exceptions to their child access prevention laws. The most common exception applies where the firearm is stored in a locked container (California, Connecticut, Florida, Hawaii, Illinois, Iowa, Minnesota, New Hampshire, New Jersey, North Carolina, Rhode Island, Texas). Another common exception applies where the minor gains access to the firearm via illegal entry of the premises (California, Connecticut, Florida, Hawaii, Illinois, Iowa, Maryland, Minnesota, New Hampshire, New Jersey, North Carolina, Rhode Island, Texas). Other exceptions include cases where the firearm is used for hunting, sport shooting and/or agricultural purposes, where the minor uses the firearm in defense of self or others, where the firearm is used in aid of law enforcement, or where the child has completed a firearm safety course.
• States Preventing Persons from Intentionally, Knowingly and/or Recklessly Providing Firearms to Minors: Several states impose a weaker standard for criminal liability when a child is allowed to access a firearm. Colorado, Delaware, Georgia, Indiana, Kentucky, Mississippi, Missouri, Nevada, Oklahoma, Tennessee, Utah, Virginia and Wisconsin prohibit persons from intentionally, knowingly, and/or recklessly providing some or all firearms to children.
• All firearms: Indiana, Missouri, Nevada, Oklahoma and Utah laws apply to all firearms.
• All loaded firearms: Delaware, Wisconsin and Virginia prohibit persons from providing loaded firearms to children.
• Handguns only: Colorado, Georgia, Kentucky, Mississippi and Tennessee laws only prohibit providing handguns to minors.
• Lesser standard for parents/guardians: Georgia, Indiana, Kentucky, Oklahoma, Tennessee and Utah impose a lesser standard on parents and guardians, providing that parents may be held liable for providing firearms to children only where they know of a substantial risk that the minor will use the firearm to commit a crime.
• Definition of “Minor”: The age which triggers a state’s child access prevention law varies, ranging from children under 14 to those under 18. Under 18: California, Colorado, Delaware, Georgia, Indiana, Kentucky, Massachusetts, Minnesota, Mississippi, Missouri, Nevada, North Carolina, Oklahoma, Tennessee, Utah Under 17: Texas Under 16: Connecticut, Florida, Hawaii, Maryland, New Hampshire, New Jersey, Rhode Island Under 14: Illinois, Iowa, Virginia, Wisconsin

• States Requiring that All Firearms Be Stored with a Locking Device in Place: Massachusetts and the District of Columbia require that all firearms be stored with locking devices in place to prevent accidental discharge. These laws are another important means to protect children from gaining unauthorized access to firearms and causing death or injury.
• States Imposing Civil Liability on Persons Who Fail to Store Firearms Properly: California imposes civil liability on the parent/guardian of a minor for damages resulting from the minor’s discharge of a firearm, where the parent/guardian permitted the minor to have the firearm or left it accessible to the minor. Connecticut imposes strict liability in civil actions on persons who fail to store firearms securely, where a minor gains access and causes injury or death. In Illinois, when a minor under the age of 21 legally acquires a firearms license by obtaining the permission of a parent/guardian, that parent/guardian becomes liable for civil claims for damages resulting from the minor’s use of firearms or ammunition. In Nevada, a parent/guardian is jointly and severally liable with the minor for civil damages caused by permitting the minor to possess a firearm, where the parent/guardian knows or has reason to know that the minor has a propensity to commit violent acts, intends to use the firearm for an unlawful purpose, or has been previously adjudicated delinquent.
Gun Safety Tips
Owning a gun is a right. Protecting children is a responsibility. Prevent suicide and accidental injury by storing guns and ammunition safely. Talk to your children and their caregivers about gun safety.
• Store guns and ammunition safely. Make sure guns are stored in a locked location, unloaded, and out of the reach and sight, especially from children.
• Store ammunition separately, also store ammunication out of reach and sight of kids.
• If you or another person living in your home is suicidal, immediately remove guns from the home. Ask a trusted friend or family member to store them until you or your loved one can get the help needed.
• Make sure all guns are equipped with effective, child-resistant gun locks. Keep keys and combinations hidden. There are many options for firearm locks, including cable locks, trigger locks, personalized locks, lock boxes, and gun vaults or safes. Leaving guns on a nightstand, table, or other place where a child can gain access may lead to injuries or death.
• Talk to your kids. Explain how a gun your kids might see on television or in a video game is different from a gun in real life. Teach kids not to touch a gun and to immediately tell an adult if they see one.
• Talk to relatives and friends who your kids may visit. Ask them if they have guns in their home. Have a conversation with other family members and the parents of your children’s friends about safe gun storage practices.
• Dispose of guns you don’t need. If you decide you no longer need to have a gun in the home, consult with community law enforcement on how to dispose of it in a safe way.

Gun Attorney Free Consultation

When you need legal help with gun law in Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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Modern Firearms Curios Relics And Antiques

Modern Firearms Curios Relics And Antiques

A regulation implementing federal firearms laws, 27 CFR §478.11, defines Curio or Relic (CFR) firearms as those which 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 CFR items, 478.11 specifies that firearms must fall within one of the following categories:

• Firearms which were manufactured at least 50 years prior to the current date, but not including replicas of such firearms;
• Firearms which are certified by the curator of a municipal, state, or federal museum which exhibits firearms to be curios or relics of museum interest; and

• Any other firearms which derive a substantial part of their monetary value from the fact that they are novel, rare, bizarre, or because of their association with some historical figure, period, or event.

How to Legally Own an Antique Firearm

Gun laws in Utah, differ drastically from state to state, and laws regarding antique firearms are no exception. Even if you’re only a collector with no intent to ever fire the weapon, you may have to fire the same rules and regulations you would for more modern firearms. While most states provide exceptions from various licensing requirements for antique firearms, what is considered an “antique” may vary extensively. If you want to legally own an antique firearm, the law in the state where you live and plan to store the weapon is the most important.
• Check your state law: Since gun laws vary significantly from state to state, it’s important to check the laws of the state in which you live before you buy an antique firearm. If you move to another state, don’t assume the laws are the same and you can continue to legally own an antique firearm just because you legally owned it somewhere else. For example, anyone convicted of a felony is prohibited from buying a firearm. However, this prohibition doesn’t apply to many antique firearms. The types of guns included, however, depend on state law. Muzzle-loading rifles, shotguns, and pistols that use black powder rather than fixed ammunition generally can be purchased by felons. However, if the weapons are converted so that they can fire fixed ammunition, they may not be allowed. Additionally, many states have additional regulations regarding characteristics such as flintlocks, barrel length, and who may own them.
• Evaluate the “antique firearms” exception: Most states exempt antique firearms from the general licensing and ownership requirements to legally own modern firearms. However, each state applies this exception in different ways, and may define “antique firearm” differently. Under federal law, an antique firearm is any firearm produced before 1898. The federal definition also includes replicas, which means the firearm may have been manufactured recently, but if it was manufactured to exactly duplicate a firearm produced before 1898, it is still considered an antique firearm. Most states use the same definition as federal law. However, some states include newer firearms as well. In these states, a firearm is considered an antique if it was manufactured more than 50 years ago and is not still being manufactured. With these relatively newer weapons that are still considered antiques, there may be additional restrictions on their ownership. Typically that depends on the type of ammunition they use.
• Contact an expert: If you’re unsure about how the exception applies, of if you are eligible to purchase or own an antique firearm legally, speaking to someone such as a federal firearms licensee can help you understand the law. The state government agency that regulates firearms typically will be your most reliable source. You can identify this agency by searching on the internet or asking a licensed gun dealer near you. If you don’t feel comfortable calling up the state agency, a licensed gun dealer near you usually can give you full information about the laws in your state. You also may be able to find out about your ability to legally own an antique firearm by talking to an attorney, such as a criminal defense attorney. If you’ve been convicted of a felony, this may be your best resource.

• Apply for a state license: Typically, you don’t need a license to buy or own an antique firearm. However, not being licensed limits your ability to use or transport your gun, and you may not be able to sell it to others. A state license generally is a “license to carry,” meaning you need the license if, for example, you want to take your antique firearm to a local shooting range and fire it. However, before you rely on this you should check to make sure that your antique firearm falls within the licensing exemption, which may differ from the purchase or possession exemption. When you buy your antique firearm, think about the reason for your purchase and what you anticipate doing with it. If you’re a collector who intends to hang it on your wall or display it in a case, and knows you’re never going to attempt to fire it, you shouldn’t need a license in most states.
• Consider getting a curios and relics (C&R) license: If you want to collect antique firearms and plan on buying and selling them on a regular basis, a curios and relics license will allow you to do that more efficiently. A C&R license is a type of federal firearms license (FFL) that allows you to buy and sell antique firearms directly without having to go through a licensed dealer. The license is issued by the Bureau of Alcohol, Tobacco, and Firearms (ATF). You can download a copy of the application from the ATF’s website. A C&R license allows you to buy and sell antique firearms, including any firearm that is at least 50 years old or that has historical or collectible significance. Once you get your license, you must keep records of each firearm you buy or sell, including the make, model, serial number, and type of firearm. You also must record the name and address (or FFL number) of the buyer or seller of the weapon.

Buying or Selling Antique Firearms

• Buy only from reputable dealers: You can find numerous antique firearms available online, at pawn shops, or in other locations. However, without knowing the dealer’s reputation you can’t be sure that you’re actually getting what you’ve paid for. If you have a C&R license, you’ll have to get details about the person from whom you’re buying the firearm for your records. However, apart from that information, you should be able to find out basic information about the reputation of this particular seller before you buy an antique firearm from them. While this isn’t necessarily a legal consideration, it can be if someone sells you a firearm claiming that it is an antique, when it really isn’t particularly if you don’t have a license to buy or possess modern firearms.

• Get an independent appraisal: If you’re a collector, or if you’re concerned about the collectible or historical value of a particular antique firearm, an independent appraisal can let you know what you’re getting and how much it’s worth. Who you contact for an appraisal depends on the type of firearm you’re purchasing. If you’re only concerned about the age of the weapon, you want to find an antique firearms expert. Your local gun dealer may be able to point you to someone who specializes in dating antique firearms. If the antique firearm is alleged to have particular historical significance, you will want to have it evaluated by a museum curator or historian who specializes in that particular period of time or type of weaponry.

• Review transport laws: State and federal laws cover the shipping or transport of firearms from one state to another, and from another country into the United States. Even if your seller is located in the same state as you, your state may have specific legal requirements for transporting the weapon. If you have a C&R license, you don’t have to worry about transport restrictions if you’re buying and selling within your own state. However, to transport an antique firearm across state lines, you typically must use a federal firearms licensee within the state where the firearm is located. That licensee can then transfer the firearm to you, or to a federal firearms licensee in your state to deliver to you. If you want to import an antique firearm (or ammunition) from another country, this also must be done by a registered firearm dealer. The ATF provides forms which must be completed prior to making an international purchase or sale and transfer. Visit the ATF website to download those documents. If the firearm you wish to transport is more than 100 years old, it is eligible for duty-free transport internationally. However, you must be able to provide proof of age.

• Work with a federal firearms licensee: When selling one of your antique firearms, you typically must go through a federal firearms licensee to complete the transfer. In some states, you may be allowed to make the sale at a local law enforcement agency. States have different laws regarding private sales between two private individuals. Many states require you to complete the sale using a federal firearms licensee, but some do not. For example, suppose you see an antique firearm on an online auction site that you want to purchase. Your state law controls how the final transfer of the weapon can be made. Generally it can’t simply be shipped to you. Instead, you must meet with the seller in person to take possession of the antique firearm. Talk to a gun dealer in your area or contact the state agency that regulates and enforces state gun laws to learn if you must use a federal firearms licensee to complete private transactions.

Keeping Antique Firearms

• Store your firearms appropriately: Each state has specific laws regarding the storage of firearms, whether antique or modern. Some cities have their own gun laws as well, which may further restrict how you can store your antique firearms. In some states, antique firearms are not exempted from state storage laws. However, others carve out an exemption for antiques being displayed for collection purposes, provided they are not loaded. Generally, you should avoid keeping even antique firearms where children can reach them or take them down to play with them. Keep in mind that children are naturally curious, and will want to inspect anything within their reach. Check legal requirements if you need to move your weapon. All states have requirements for the safe transportation of a weapon. Even if you move, or are taking your antique firearm out of state yourself, there may be restrictions on how you can transport your weapon across state lines. If you’re transporting your antique firearms because you’re moving to another state, make sure they’re secured properly and safely, and are not loaded while they are being transported. In some instances, particularly if you don’t have a license yourself, you may be required to ship your antique firearm to a federal firearms licensee. They will return the weapon to you when you arrive at your destination. When you’re travelling between states, more than one state’s laws may come into play.

If you don’t want to go through the hassle of trying to analyze the gun laws of several states, it may be easiest to arrange for your antique firearm to be shipped to a federal firearms licensee so you can pick it up when you arrive at your destination. Use federal firearms licensees for transfers. If you give or loan your antique firearm to anyone else, you typically must go through a federal firearms licensee – even if it isn’t a sell and no money is exchanging hands. This typically will not apply if you have a C&R license – in that case you can complete the transfer yourself. However, if the person to whom you’re transferring the firearm is not licensed, you may need to find a federal firearms licensee to receive the firearm for them. For example, suppose you have an antique firearm and you want to give it to your nephew, who has recently started collecting antique firearms. Even though no money is changing hands, you may need to go through a federal firearms licensee if you don’t have a license yourself. However, if you do have a license, you should be able to complete the transfer on your own. Contact a gun dealer near you if you are unsure whether you can transfer your antique firearm to someone else. They will let you know what your state law allows.

• Keep your antique firearms unloaded: Many state laws do not allow antique firearms to be stored loaded. Particularly if the gun uses black powder, these weapons are highly volatile and dangerous if they’re loaded but not fired. In some states and cities, any ammunition you own must be kept in a separate, locked container from the antique firearm itself. Keep in mind that the idea that collectors typically don’t intend to use antique firearms in the same way or for the same purposes people have modern firearms is part of the reason for the exemption from various licensing requirements. States that allow gun owners to keep loaded weapons for self-defense purposes typically do not allow muzzle-loaded weapons that use black powder for ammunition to be kept loaded. You should only “load” a black-powder weapon if you intend to fire it immediately. If your muzzle-loaded weapon has been converted so that it can fire standard bullets, it may not be considered an antique firearm as a result of that modification.

Modern Firearms

“Modern firearms” are those manufactured after 1898 which do not use black powder or fixed cartridges. Most are match, wheel-lock, flintlock, or percussion cap models. Since most firearms of this era were not date stamped, proof marks from the manufacturer are the most common way age is established. Proof marks vary greatly in shape, detail, and specificity. Modern firearms can roughly be divided into three different categories: handguns, rifles, and shotguns. “Handguns” or “pistols” include revolvers, semi-automatic pistols, and single shot pistols. The main distinction between a handgun and a rifle or shotgun is not the ammunition or overall length but rather the design of the firearm to be fired from the hand rather than from the shoulder.

Rifles are defined by 18 U.S.C. § 921(a)(7) as “a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of an explosive to fire only a single projectile through a rifled bore for each single pull of the trigger.” Shotguns are defined as “a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of an explosive to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.” The primary difference between a rifle and shotgun is the use of rifled vs. smooth bore. A rifled barrel allows for much greater accuracy and range while a smooth bore allows for multiple projectiles useful for activities such as bird hunting or shooting moving targets. Rifles and shotguns employ numerous loading methods including: semi-automatic; pump; lever; bolt; etc.

“Curios and relics” “have special value to collectors because they possess some qualities not ordinarily associated with firearms intended for sporting use or as offensive or defensive weapons. To be recognized as curios or relics, firearms must fall within one of the following categories:” non-replicas manufactured at least fifty years prior to the present date; b) be certified by the curator of a municipal, state, or federal museum which exhibits firearms to be curios or relics of museum interest; or ) any other firearm which derives a substantial portion of its monetary value from its novelty, bizarreness, or because it is associated with some historical person, period, or event. A special curios and collector’s license is available from the ATF to allow a person to acquire such firearms (only such firearms) in interstate commerce. “Transfers of curio or relic firearms by licensed collectors are not subject to the requirements of the Brady law [nor must a FFL use a form 4473]. It is, however, unlawful to transfer a firearm to any person knowing or having reasonable cause to believe that such person is a felon or is within any other category of persons prohibited from receiving or possessing firearms.”

“Antique” firearms are defined in 18 U.S.C. § 921(a)(16) as: any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or any replica of any firearm described in subparagraph if such replica is not designed or redesigned for using rim fire or conventional center-fire fixed ammunition, or ( uses rim fire or conventional center-fire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term “antique firearm” shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.

Firearms Attorney Free Consultation

When you need legal help with regarding the ATV, guns, or firearms in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

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