What Government Agency Registers Guns

Location:
WEAPONS - GUN Command;

Jan 12, 2009		2009-R-0020 (REVISED)
SUMMARY OF State AND FEDERAL Automobile GUN LAWS
By: Veronica Rose, Main Annotator Meghan Reilly, Research Annotator

You want to know how machine guns are regulated under federal and state law.

SUMMARY

Federal law strictly regulates machine guns (firearms that fire many rounds of ammunition, without manual reloading, with a single pull of the trigger).

Among other things, federal police:

1. requires all machine guns, except antiquarian firearms, not in the U.S. government ' south possession to be registered with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF);

2. bars individual individuals from transferring or acquiring automobile guns except those lawfully possessed and registered before May xix, 1986;

iii. requires anyone transferring or manufacturing car guns to get prior ATF approving and register the firearms;

4. with very limited exceptions, imposes a $200 excise tax whenever a machine gun is transferred;

5. bars interstate transport of auto guns without ATF approval; and

6. imposes harsh penalties for car gun violations, including imprisonment of up to 10 years, a fine of up to $250,000, or both for possessing an unregistered machine gun.

The lawful transfer of a car gun generally requires (1) filing a transfer application with ATF, (2) paying a transfer taxation, (3) getting ATF approval, and (4) registering the firearm in the transferee ' s proper name. Transferees must pass an extensive criminal groundwork investigation and encounter the criteria for possessing firearms under state and federal law. Among those ineligible are felons and people (1) addicted to controlled substances, (2) discharged under dishonorable conditions from the U.S. Armed Forces, or (iii) adjudicated mentally defective or committed to a mental institution.

Under Connecticut law, individual citizens may own automobile guns, provided the firearms are registered pursuant to federal police and with the Department of Public Safety (DPS). Failure to register a machine gun with DPS is presumed possession for an offensive or aggressive purpose. Possession of a machine gun for an offensive or aggressive purpose is punishable by a fine of upward to $1,000, imprisonment for five to 10 years, or both.

There is no age requirement for "possessing" motorcar guns as a class of weapons under federal or land police force. Age restrictions more often than not apply to handguns (pistols and revolvers) and long guns (shotguns and rifles) and transfer of these firearms. Federal law prohibits federal firearms licensees from transferring handguns to people under age 21.  It more often than not prohibits nonlicensees from transferring them to people under age 18 and prohibits such minors from possessing them. Under state police force, the effective historic period for possessing handguns appears to be 21. With regard to long guns, minors age 12 to 16 must obtain a Department of Environmental Protection (DEP) junior firearms hunting license, which allows them to hunt with firearms under supervision. People over age xvi can get a DEP license for unsupervised firearm hunting.

FEDERAL LAW AND Car GUNS

Federal police defines a machine gun as "any weapon which shoots, is designed to shoot, or can exist readily restored to shoot, automatically more than one shot, without manual reloading, by a single part of the trigger." This definition includes the frame or receiver, any function or combination of parts designed and intended, solely and exclusively, for utilise in converting a weapon into a automobile gun, and any combination of parts from which a machine gun can be assembled (26 USC � 5845(b), 27 CFR �� 478.xi & 479.eleven). It does not include "antiquarian firearms" (26 USC � 5845(a) & (1000)).

Since 1934, Congress has strictly regulated the manufacture, transfer, and possession of machine guns. The firearms are regulated by the 1934 National Firearms Human action (NFA) (26 USC � 5801 et seq.) and the 1968 Gun Control Act every bit amended by the 1986 Firearms Owners ' Protection Act (eighteen USC � 921 et seq.).

The bureau responsible for administering and enforcing federal firearm laws, including machine gun laws, is the Bureau of Alcohol Tobacco, Firearms and Explosives. (Until January 24, 2003, Bureau of Alcohol, Tobacco and Firearms was within the Treasury Department. The 2002 Homeland Security Human action transferred it to the Justice Department and changed its proper noun to the Bureau of Alcohol, Tobacco, Firearms and Explosives.)

National Firearms Human activity

With limited exceptions, the NFA imposed (1) a $200 excise tax (making revenue enhancement) on the manufacture of auto guns (other than past qualified manufacturers that pay a special occupational taxation and on the manufacture of machine guns by or on behalf of a state or federal agency) and (2) a $200 excise revenue enhancement on each transfer of a machine gun (transfer revenue enhancement). It as well imposed a special occupational tax on people and entities engaged in the business organization of importing, manufacturing, and dealing automobile guns (26 USC �� 5821, 5852(b), 5853(b), 5852(c), and 5811(a), and 5801).

The NFA too required all auto guns not in the possession, or under the control, of the U.Due south. government to be registered with the Treasury, including those possessed past states and political subdivisions (due east.yard., constabulary departments) (28 USC � 5841).

For transfer tax purposes, a "transfer" involves "selling, assigning, pledging, leasing, loaning, giving away, or otherwise disposing of" the firearm (26 USC � 5845(j)). It does not utilise to (one) transfers of registered firearms between licensees (importers, manufacturers, and dealers) who have paid the special occupational tax; (2) transfers to state or federal agencies; (3) exportation of firearms (provided appropriate proof of the export is provided to ATF and documentation completed); or (4) transfer of unserviceable firearms every bit divers in police force (26 USC �� 5851-5854 & 27 CFR �� 479.88-91). ATF likewise does not consider whatever of the following activities as a transfer for tax purposes (1) possession of machine guns by employees who take custody of the firearms within the telescopic of their employment and for the licensee ' s business purposes, (2) distribution of registered firearms to lawful heirs, and (3) temporary transfers to federal firearm licensees for repair.

The registration requirement applies to manufacturers, importers, and anyone or entity transferring a machine gun. It applies when a firearm is made, transferred, or imported, and to functional and unserviceable firearms as well every bit curios and relics. The registration information required includes the (1) identification of the firearm, (2) registration date, and (3) identification and address of the person to whom the firearm is registered (26 USC � 5841). A registered owner who moves to a different in-land address must notify ATF of the new accost.

The Firearm Owners ' Protection Human activity

The Firearm Owners ' Protection Human activity banned civilian transfer and possession of machine guns not in circulation before May xix, 1986. Specifically, it restricts the transfer and possession of car guns except for:

1. "transfers to or by, or possession past or under the authorisation of, the Us or whatever department or agency thereof or a State, or a department, agency, or political subdivision thereof; or

ii. any lawful transfer or lawful possession of a machinegun that was lawfully possessed earlier [May xix, 1986]" (xviii USC � 922(o) & 27 CFR � 478.36).

Under ATF regulations, qualified manufacturers may make machine guns for sale to federal agencies or qualified licensees and special occupational taxpayers as "sales samples" for demonstration to prospective authorities customers (27 CFR � 479.105). They may also make them for export in compliance with the Arms Export Control Act and Department of State regulations (27 CFR � 479.105).

Procedure for Acquiring Machine Guns

An unlicensed individual may acquire machine guns, with ATF approval, from its lawful owner residing in the same state every bit the individual (27 CFR �� 479.84 & 479.105). The transferor must file an ATF application, which must be completed by both parties to the transfer

and executed under penalties of perjury, and pay a $200 transfer taxation to ATF. The application must include detailed information on the firearm and the parties to the transfer (26 USC � 5812 & 27 CFR � 479.84).

The transferee must certify on the awarding that he or she is non disqualified from possessing firearms on grounds specified in constabulary. He or she must submit with the application (1) two photographs taken within the past year; (2) fingerprints; and (3) a copy of whatever state or local permit or license required to purchase, possess, or acquire machine guns (27 CFR � 479.85).

An advisable law enforcement official must besides certify whether he or she has any data indicating that the firearm will be used for other than lawful purposes or that possession would violate land or federal law (27 CFR � 479.85).

Approvals and Denials. Anyone acquiring a auto gun must, as part of the registration procedure, pass an extensive Federal Bureau of Investigation criminal background investigation. If ATF denies an application, it must refund the revenue enhancement. Gun owners must keep approved applications every bit evidence of registration of the firearms and brand them bachelor for inspection past ATF officers.

Eligibility Criteria for Acquiring Car Guns

ATF cannot approve an application if the transfer, receipt, or possession of the firearm would identify the transferee in violation of law. . . (27 CFR � 479.65).

Federal Law. It is a violation of the NFA for whatever of the following to learn or posses firearms, including machine guns:

1. anyone under indictment for or convicted of a felony,

2. fugitives from justice,

three. illegal aliens,

four. anyone unlawfully using or fond to controlled substances,

5. anyone subject to a domestic violence restraining order (issued in accordance with specified terms),

6. veterans discharged under dishonorable atmospheric condition,

vii. anyone who has been adjudicated mentally lacking or committed to a mental institution,

8. people who take renounced their U.Southward. citizenship, or

9. anyone who has been bedevilled of misdemeanor crime of domestic violence (18 USC � 922g).

An applicant wanting to annals a machine gun must certify, under penalty of perjury, on the required ATF form that he or she is non disqualified from acquiring or possessing firearms on any of these grounds.

(The NFA also contains age requirements as they pertain to firearm transfers. These and state requirements are discussed at the end of the report.)

Country Police. It is a violation of state police for convicted felons and the following people to possess any firearms, including machine guns—anyone:

one. convicted of a serious juvenile criminal offence;

2. who knows he or she is under a protective or restraining society in a case involving the employ or threatened use of physical strength;

3. subject to a firearm seizure society issued after detect and a hearing opportunity; or

iv. prohibited under federal police force from possessing or aircraft firearms because he or she was adjudicated equally a mental defective or committed to a mental institution, unless granted relief from this disability (CGS � 53a-217).

Automobile Guns in Interstate Commerce

It is by and large unlawful for anyone, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector transporting relics or curios, to ship a machine gun in interstate or strange commerce (18 USC � 922(a)(4) and 27 CFR � 478.28(c)). But ATF may

authorize a registered owner to send a machine gun in interstate or foreign commerce where reasonably necessary and consistent with public rubber and applicable country and local law (27 CFR � 478.28(a)).

Violations

Under federal law, it is illegal to do whatever of the following with regard to machine guns:

1. engage in business as a manufacturer, importer, or dealer without registering or paying a special occupational tax;

ii. make, receive, possess, transport, deliver, or transfer the firearm in violation of the NFA;

iii. receive a firearm non identified by a serial number equally required;

iv. obliterate, remove, change, or modify the firearm ' south serial number; or

v. brand or crusade to exist made whatever imitation entry on any application, return, or required record (26 USC � 5861).

The criminal penalties in the Gun Command Human action include both felonies and misdemeanors. Fines and penalties for felonies are at least $250,000 for individuals and $500,000 for organizations. For misdemeanors, the fines are upwardly to $100,000 for individuals and $200,000 for organizations (18 USC � 924). The law also provides for forfeiture of firearms and armament involved in NFA violations (26 USC � 5872).

A willful endeavor to evade or defeat the tax is a felony punishable by up to five years in prison house and a $100,000 fine ($500,000 for corporations) nether the general tax evasion statute (26 USC � 7201). For an private, the $100,000 for tax evasion fine could be increased to $250,000 (18 USC 3571(b)(3)).

STATE LAW

State law defines a machine gun every bit any weapon, loaded or unloaded, that shoots, is designed to shoot or can be readily restored to shoot automatically more than i projectile past a unmarried part of the trigger without transmission reloading. This definition includes any part or combination of parts designed to assemble, or convert a weapon into, a car gun (CGS � 53-202(a)).

With limited exceptions, the police force requires anyone who owns a machine gun to register it with DPS within 24 hours of acquiring information technology and annually thereafter on July 1 (CGS � 53-202(thousand)). The registration requirement does non apply to motorcar guns (1) manufactured for sale or transfer to the U.Southward. government, states, territories, or political subdivisions or (ii) rendered inoperable by welding.

Manufacturers must maintain a annals of machine guns they industry or handle. For each firearm, the annals must show the (i) model and serial number; (two) engagement of industry, sale, loan, gift, delivery, or receipt; (3) name, address, and occupation of the transferor and transferee; and (4) purpose for which it was acquired. Manufacturers must brand their registers and gun stock bachelor for inspection past constabulary enforcement officials. Violations are punishable by a fine of up to $2,000 (CGS � 53-202(f)).

At that place is a presumption that a machine gun is possessed for an offensive purpose if information technology is:

1. located on premises non owned or rented as a business concern or residence by the person possessing it,

2. in the possession of an unnaturalized foreign born person,

3. possessed by anyone convicted of a vehement crime,

4. non registered as required, or

5. when empty or loaded projectiles are found in the immediate vicinity of the firearm (CGS � 53-202(d)).

The presence of a machine gun in a room, boat, or vehicle is presumptive evidence of possession or utilize of the firearm by each occupant (CGS � 53-202(e)). Using or possessing a automobile gun for an offensive or ambitious purpose is punishable by a maximum $i,000 fine, imprisonment for five and 10 years, or both (CGS � 53-202(c)).

The restrictions on machine guns do not utilise to machine guns (1) manufactured for auction or transfer to the U.Southward. authorities, states, territories, or political subdivisions; (2) rendered inoperable by welding; or (3) acquired, transferred, possessed, and registered under the NFA (CGS � 53-202(h)).

AGE RESTRICTIONS AND FIREARM POSSESSION

In that location is no age requirement for "possessing" machine guns as a course of weapons under federal or state law. Age restrictions generally apply to handguns (pistols and revolvers) and long guns (shotguns and rifles) and transfer of these firearms, rather than possession.

Federal law prohibits dealers from transferring handguns to anyone nether age 21.  It generally prohibits nondealers from transferring them to anyone under age 18 and prohibits such minors from possessing them.  Minors under age 18 may receive and possess handguns only with a parent or guardian's written permission for limited purposes (eastward.k. employment, ranching, farming, target practice, or hunting).  Besides, minors nether age xviii who are members of the U. South. War machine or National Baby-sit tin can possess them on duty (18 USC 922x and 922b). Federal law prohibits FFLs from selling or transferring long guns to minors under age 18.  But information technology does not accost sales or transfers by nondealers or possession by minors (18 USC � 922(b) and 27 CFR � 178. 99(b)(1)).

State law does not explicitly set a minimum age for possessing firearms. Simply the applied effect of three laws appears to make the minimum age 21. One police (with one small exception) prohibits transferring a handgun to anyone under age 21 (CGS � 29-34). Another prohibits anyone from acquiring a handgun without an eligibility certificate or allow (CGS � 29-36f). A 3rd prohibits carrying a handgun without a let (CGS � 29-35). People nether historic period 21 cannot get the permit or document.

The simply historic period related provision in state law pertaining to long guns (shotgun and rifles) allows minors age 12 to 16 to obtain a DEP junior firearms hunting license, which allows them to hunt with firearms under supervision. People over age 16 can become a DEP license for unsupervised firearm hunting (CGS � 26-27(a) and 26-38).

VR:ts

Source: https://www.cga.ct.gov/2009/rpt/2009-R-0020.htm

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