Mysturji wrote:Gawdzilla Sama wrote:So, the BATF has a definition?
A government agency.
Can a person who is not a law-abiding citizen legally obtain a gun license?
Depends on the crime. Felonies and any domestic violence conviction, along with being a habitual user of illegal drugs, or mentally insane (adjudicated so by a court) are all disqualifiers, but minor misdemeanors and traffic tickets don't disqualify.
Can a person who has ceased to be a law-abiding citizen legally keep a previously issued gun license?
Depends on the state. Most states do not issue "gun licenses" per se, although some do. Both federal and state law make it illegal for a felon or other disqualified person to possess a firearm, or so much as a single round of ammunition, and if you get convicted, one of the things the court may require is that you dispose of your firearms. The police generally don't seize them, although they may if they are evidence, and a convicted felon must lawfully dispose of them by giving them to someone, or transferring them to a gun dealer to be sold. As for CCW permits, most often they are revoked when the holder commits a crime, and in some states it can be even a misdemeanor that will get your permit yanked.
We do have the NICS (National Instant Check System) that all federally licensed gun dealers must use prior to transferring a firearm to a buyer. Usually takes about 15 minutes or less to run a NICS check. And the buyer has to fill out a BATFE form that the gun dealer must keep forever detailing the transaction. The form includes a series of questions the buyer has to answer truthfully under penalty of perjury about their eligibility to purchase a gun. These records actually constitute "gun registration" because the BATFE can inspect any dealer's forms on demand, although they are not permitted to compile either the information on those forms or the information from NICS checks into a database. But the BATFE can "trace" a gun, albeit somewhat laboriously (which is specifically intended by Congress) if it's been used in a crime, back to the original gun dealer who sold it.
Some states require that a NICS check and form be filled out for ANY transfer of a firearm (California, New York, Illinois, possibly others) but most states do not require forms or NICS checks for private sales/transfers between private individuals. Colorado requires NICS checks and a form for all gun show sales, as do some other states.
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"All that is required for the triumph of evil is that good men do nothing." Edmund Burke
"Those who support denying anyone the right to keep and bear arms for personal defense are fully complicit in every crime that might have been prevented had the victim been effectively armed." Seth
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