Friday, April 28, 2017

20th Annual Firearms Law Seminar - James P. Vann Of The ATF Speaks

Entering the (friendly) Lion's Den, Attorney James Vann of ATF gave a rather humorous opening.

He deals with both regulatory and criminal issues at ATF.

First, he discussed recent changes to Form 4473 as of January 16, 2017 - currently 6 pages and they're rapidly running out of space on the form and may got to an 8 page form if new things are added. The form has to be filled out at place of business or at a qualifying gun show.

Interestingly enough, the new form now asks for sex rather than gender so ATF doesn't need nor wants to get into gender-fluid issues.

Now for race and ethnicity you're allowed to check multiple boxes based on whatever you are and it would not be a reason to revoke the dealers license.

He also identified the change that the box specifically prohibiting marijuana use was added to clarify that even if state has licensed its use the Feds still have it as a prohibiting condition. Part of this was due to people trying to use Medical Marijuana cards as an ID for purchasing a firearm.

He noted that legally admitted aliens of certain categories with a hunting license can indeed purchase firearms.

He also went into the new procedure for FFLs to facilitate private party NICS checks and some pitfalls including when a dealer would need to log in the gun to the dealers books if there's a delay or a denial where the Dealer has taken possession of the firearm.

He took what could have been a dry as toast topic and made it rather engaging and provided lots of good information to help advise FFL dealers regarding the new forms. In short an FFL facilitating a private party sale by doing a background check for the private parties will be setting themselves up for multiple pitfalls and liability exposure as a result.

If the dealer uses electronic records then all A&D books must be electronic and the server must be a US based server and the info must be backed up.

He also reported there's a significant uptick in burglaries of FFLs and suggested dealers keep a good inventory so they can know what is taken.

A rather useful presentation with good information to convey to FFLs.

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