Being a practicing attorney who handles firearms questions and legal issues, Ciyou & Dixon, P.C.’s attorneys, including Bryan L. Ciyou, encounter a number of routine questions and misconceptions as it relates to firearms. One area of constant inquiry and some misunderstanding, is whether a felon may purchase or possess a firearm of any type at any time and circumstance. As a general proposition, there is a bright line rule (black and white) under federal law that prohibits any person convicted of a felony from purchasing or possessing any type of firearm. While there is a provision of federal law that would allow certain felons to have their rights to purchase… Read More
A common question among firearms owners I receive relates to registering a firearm. Is it required, and in what circumstances? The answer to this question lies within understanding and drawing distinctions between state and federal law. Taking a new firearm (that is not subject to the NFA) a purchaser completes an ATF 4473 form and passes a background check. The dealer must log this in his or her acquisitions and dispositions book, and in addition, if the firearms are two (2) or more handguns, the dealer must complete a multiple handgun purchase form. In some jurisdictions, a firearm must be registered with law enforcement; and carry handguns must be registered… Read More
Is There a National Carry Permit or Federal Authority to Carry a Handgun Throughout the United States?
A common question presented attorneys who handle firearms cases relates to a national license to carry a handgun. There is No such license, except for qualified active duty or retired law enforcement officers. At almost every session of Congress, a national civilian carry license is introduced. However, such bills have never had a statistical chance of passing. Furthermore, it is key to remember that if a national license did pass congress and become the law, it is certain that it would be riddled with exceptions. Logically, these would include local, state and federal property and buildings. The exception for qualified and retired law enforcement officers came not long after the… Read More