DEPARTMENT OF THE TREASURY
BUREAU OF ALCOHOL, TOBACCO AND FIREARMS
WASHINGTON, D.C. 20226
OPEN LETTER TO ALL FEDERAL FIREARMS LICENSEES
The purpose of this letter is to provide you with information
on the provisions of the recently enacted Omnibus Consolidated Appropriations
Act of 1997 (the Act). This legislation made two amendments to the Gun
Control Act of 1968 (GCA) that directly affect Federal firearms licensees.
The amendments were effective on the date of enactment, September 30,
1996.
The following is a description of those two amendments of concern to
Federal Firearms Licensees. Regulations explaining the requirements will
be published shortly.
Sales of curio or relic firearms
The Act amended 18 U.S. C. § 923 (j) to allow Federal firearms licensees
to sell curio or relic firearms to other licensees away from their licensed
premises. This amendment applies only to firearms that are classified
as a-curio or relic. Federal regulations define the term ',"curios
or relics" as firearms that are of special interest to collectors
by reason of some quality other than is associated with firearms intended
for sporting use or as offensive or defensive weapons. To be recognized
as curios or relics, firearms must fall within one of the following categories:
(1) Firearms which were manufactured at least 50 years prior to
the current date, but not including replicas thereof;
(2) 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
(3) 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.
Licensees are still subject to all recordkeeping requirements in the
regulations concerning their sale of curios or relics. In addition, it
is suggested that licensees selling a curio or relic firearm away from
their licensed premises indicate in their acquisition/disposition record
where the sale took place.
Persons convicted of a misdemeanor crime of domestic violence
The Act also amended the GCA to make it unlawful for any person convicted
of a "Misdemeanor crime of domestic violence" to ship, transport,
possess, or receive firearms or ammunition. It also made it unlawful for
any person to sell or other-wise dispose of firearms or ammunition to
any recipient knowing or having reasonable cause to believe that the person
has been convicted of such a misdemeanor.
As defined in the GCA, a ,misdemeanor crime of domestic violence"
means an offense that:
(1) is a misdemeanor under Federal or State law; and
(2) has, as an element, the use or attempted use of physical force,
or the threatened use of a deadly weapon, committed by a current or former
spouse, parent, or guardian of the victim, by a person with whom the victim
shares a child in common, by a person who is cohabiting with or has cohabited
with the victim as a spouse, parent, or guardian, or by a person similarly
situated to a spouse, parent, or guardian of the victim.
This definition includes all misdemeanors that involve the use or .attempted
use of physical force (e.g., simple assault, assault and battery), if
the offense is committed by one of the defined parties. This is true whether
or not the State statute or local ordinance specifically defines the offense
as a domestic violence misdemeanor. For example, a person convicted of
misdemeanor assault against his or her spouse would be prohibited from
receiving or possessing firearms or ammunition. moreover, the prohibition
applies to persons convicted of such misdemeanors at any time, even if
the conviction occurred prior to the new law's effective date, September
30, 1996. As of the effective date of the new law, such a person may no
longer possess a firearm or ammunition. However, a conviction would not
be disabling if it has been expunged, set-aside, pardoned or the person
has had his or her civil rights restored (If the law of the applicable
jurisdiction provides for the loss of civil rights under such an offense)
AND the person is not otherwise prohibited from possessing firearms or
ammunition.
The Act also amended the GCA so that employees of government agencies
convicted of a qualifying[ misdemeanor would not be exempt from this new
disability with respect to their receipt or possession of firearms or
ammunition. Thus, law enforcement officers and other government officials
who have been convicted of a qualifying misdemeanor will not be able to
lawfully possess or receive firearms or ammunition for any purpose including
performing their official duties. This disability applies to firearms
and ammunition issued by government agencies, firearms and ammunition
purchased by officials for use in performing their official duties, and
personal firearms and ammunition possessed by such officials.
We are in the processor revising all applicable forms to reflect this
new provision. These will be provided to you as soon as possible. In the
meantime, you should inquire of your customers whether they have been
convicted of a disqualifying domestic violence misdemeanor and avoid any
firearm or ammunition transfers to such persons.
If you have any questions concerning these new requirements, contact
your local ATF office or the Firearms and Explosives Regulatory Division
at (202) 927-8300.
John W. Magaw
Director
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