Citation

Woolridge AW. Dep. Justice J. Fed. Law Pract. 2023; 71(2): 131-155.

Copyright

(Copyright © 2023, United States Department of Justice, Office of the United States Attorneys)

DOI

unavailable

PMID

unavailable

Abstract

The various criminal statutes applicable to firearms, explosives, and related weapons violations can often be useful to federal prosecutors evaluating potential charges in domestic terrorism cases. This article discusses offenses under the Gun Control Act of 1968 (GCA)' and the National Firearms Act of 1934 (NFA)", as well as other United States Code provisions that involve the unlawful use of weapons. The article also highlights important recent changes in firearms laws with the passage of the Bipartisan Safer Communities Act (BSCA) in June 2022, discusses the proliferation of privately made firearms ("ghost guns"), and provides guidance on how such offenses may be used to hold domestic terrorists accountable for their criminal acts.

II. Framework of firearms laws
The primary purpose of the GCA is to support law enforcement offi- cials in their fight against crime and violence. The GCA prohibits the pos- session of firearms by certain persons, the possession of certain firearms, and the possession of firearms in certain places. Furthermore, the GCA makes it unlawful to provide false information when acquiring firearms from licensed dealers and imposes restrictions on selling, transferring, and importing firearms. The NFA defines several categories of particularly dangerous weapons and prohibits possessing and transferring such weapons unless properly registered in the National Firearms Registration and Transfer Record ...