06/25/2022
President Biden has signed the gun control bill into law. Under the new law:
1. States will now have to open up their Juvenile Records to the FBI NICS system so when a NICS check is performed they can see if the person has any Juvenile Offenses that would prohibit them from purchasing a firearm as an adult, such as a Felony or a Domestic Violence.
2. Expand the NICS wait time from 3 business days to 10 business days for any person under the age of 21 whose NICS check reveals that they may have a disqualifying record, including a juvenile record, so that further investigation can be done to determine if they should be denied.
3. It provides money and empowers states to create Red Flag laws but grants only limited recourse for those who are targeted by the Red Flag orders.
4. It expands the definition of domestic violence to include persons in a dating relationship. It also provides for reinstatement of the persons rights after 5 years of having a clean record.
5. It changes the long held legal threshold/definition of who is required to have a Federal Fi****ms License to manufacture or deal in weapons from "a person who is engaged in the business of" manufacturing, buying or selling fi****ms to anyone "who predominately makes or intends to make a profit" from the manufacture, buying or selling of fi****ms. It will have exceptions for people who can prove that they were simply enhancing their own private collection or liquidating excess or the entire collection. This is a significant change that will be used to go after private buyers and sellers with significant penalties for manufacturing or dealing without a license.
6. It increases the focus on prosecuting people for lying on the Form 4473 when buying a firearm or engaging in a straw purchase of a firearm and raises the penalty from 10 years in Federal Prison to 15 years.
As I have previously posted about ATF regularly does undercover stings on private dealers and straw purchasers, both against FFL dealers and private parties. This law will only embolden their sting operations and my best personal and professional advice, not legal advice because I am not an attorney but experiential advice is that you should never buy and sell privately with anyone you do not know and trust. No matter what you do, keep very detailed records, with invoices, receipts and/or bills of sales to prove how, when, how much, and to whom you buy or sell your fi****ms to for your own protection.
President Biden signed a gun-control act that is the most significant law of its kind in the last three decades.