T G D A  N E W S L E T T E R

  E-news for the Texas firearms  industry                                                                         August, 2004

Congress considers FFL modernization act


Georgia congressman seeks to allow consumers to purchase handguns interstate


Rep. Phil Gingrey (R-Georgia) has introduced the Firearm Commerce Modernization Act in Congress to allow consumers to purchase handguns interstate and to allow FFLs to transfer firearms among one another through in-person transactions.

 

When the Gun Control Act of 1968 was enacted, the only way to screen criminal records or other disqualifications of potential firearms buyers was at the state level, so Congress passed a broad ban on interstate sales so states could enforce various permiting and licensing systems. Today, however, all retail gun sales through licensed dealers involve an FBI background check, either for issuance of a state permit or as an instant check at the point-of-sale. HB 4048 would allow interstate handgun sales,             Rep. Phil Gingrey

provided all other federal or state laws (in both involved states) are

abided.  Congress previously removed the original 1968 Gun Control Act prohibitions against interstate purchase of long guns and ammunition years ago.

 

“Technological progress allows us to make firearm sales easier and safer than in the past,” Gingrey said. “This legislation lowers regulatory burdens without undercutting safeguards that keep guns out of the hands of criminals.”

 

The legislation would update the law to:

 

(1) Allow a federally licensed dealer to sell any firearm over the counter to an out-of-state dealer, so long as the sale complies with the laws of both states. Current federal laws only apply to long guns, such as shotguns and rifles.

 

(2) Allow a licensed dealer to sell at gun shows as if its his or her place of business. Dealers at the gun shows must comply with state laws.

 

(3) Allow a dealer to obtain a federal firearms license. Currently, the license is connected to the place of business. This change frees dealers to operate out of state and outside their place of business.

 

Congressman Gingrey says the bill will reduce the number of firearms lost in the mail, reduce and minimize out of state transfer fees (normally costing between $250 and $1500) shared between the dealer and the customer, reduce paper work, and increase sales for the firearm industry because dealers will have more freedom and opportunity to sell their products. He says the bill also works with the FBI’s background check system to apprehend convicted felons trying to purchase firearms outside their state of residence.