Date: Sun, 22 Dec 1996 14:50:43 -0500 (EST)
From: Douglas Davis <[d--i--a] at [rmi.net]>
To: Multiple recipients of list <[n--b--n] at [mainstream.net]>

DEPARTMENT OF THE TREASURY / Bureau of Alcohol, Tobacco and Firearms/
Washington, DC 20226

[BATF logo]

DIRECTOR

OPEN LETTER TO ALL FEDERAL FIREARMS LICENSEES

The purpose of this letter is to provide you with information on the
provisions of the recently enacted Omnibus Consolidated Appropriations Act
of 1997 (the Act). This legislation made two amendments to the Gun Control
Act of 1968 (GCA}that directly affect Federal firearms licensees. _he
amendments were effective - on the date of enactment, September 30, 1996.

The following is a description of those two amendments of concern to Federal
firearms licensees. Regulations explaining the requirements will be
published shortly.

Sales of curio or relic firearms

The Act amended 18 U.S.C.923(j) to allow Federal firearms licensees to sell
curio or relic firearms to other licensees away from their licensed
premises. This amendment applies only to firearms that are classified as a
curio or relic. Federal regulations define the term "curios or relics" as
firearms that are of special interest to collectors by reason of some
quality other than is associated with firearms intended for sporting use or
as offensive or defensive weapons. To be recognized as curios or relics,
firearms must fall within one of the following categories:

(1) Firearms which were manufactured at least 50 years prior to the current
date, but not including replicas thereof;

(2) Firearms which are certified by curator of a municipal ,- State,or
Federal museum which exhibits firearms to be curios or relics of museum
interest; or

(3) Any other firearms which derive a substantial part of their monetary
value from the fact that they are novel, rare, bizarre, or because of their
association with some historical figure, period, or event; Proof of
qualification of a particular firearm under this category may be established
by evidence of present value and evidence that like firearms are not
available except as collector's items, or that the value of like firearms
available in ordinary commercial channels is substantially less.



 Licensees are still subject to all record keeping requirements in the
regulations concerning their sale of curios or relics. In addition, it is
suggested-that licensees selling a curio or relic firearm away from their
licensed premises indicate in their acquisition/disposition record where the
sale took place.

 Persons convicted of a misdemeanor crime of domestic violence

 The Act also amended the GCA to make it unlawful for any person convicted
of a "misdemeanor crime of domestic violence" to ship,transport, possess, or
receive firearms or ammunition. It also made it unlawful for any person to
sell or otherwise dispose of firearms or ammunition to any recipient knowing
or having reasonable cause to believe that the person has been convicted of
such a misdemeanor.

 As defined in the GCA, a "misdemeanor crime of domestic violence" means an
offense that:

(1) is a misdemeanor under Federal or State law; and

(2) has, as an element, the use or attempted use of =physical force, or the
threatened use of a deadly ~weapon, committed by a current or former spouse,
parent, or guardian of the victim, by a person with whom the victim shares a
child in common, by a person who is cohabiting with or has cohabited with
the victim as a spouse, parent, or guardian, or-by a person similarly
situated to a spouse, parent, or guardian of the victim.

This definition includes all misdemeanors that involve the use or attempted
use of physical force (e.g., simple assault, assault and battery), if the
offense is committed by one of the defined parties. This is true whether or
not the State statute or local ordinance specifically defines the offense as
a domestic violence misdemeanor. For example, a person convicted of
misdemeanor assault against his or her spouse would be prohibited from
receiving or possessing firearms or ammunition. Moreover, the prohibition
applies to persons convicted of such misdemeanors at any time, even if the
conviction occurred prior to the new law's effective date, September 30,
1996. As of the effective date of the new law, such a person may no longer
possess a firearm or ammunition. However, a conviction would not be
disabling if it has been expunged, set-aside, pardoned or the person has had
his or her civil rights restored (if the law of the applicable jurisdiction
provides for the loss of civil rights under such an offense) AND the person
is not otherwise prohibited from possessing firearms or ammunition.

The Act also amended the GCA so that employees of government agencies
convicted of a qualifying misdemeanor would not be exempt from this new
disability with respect to their receipt or possession of firearms or
ammunition. Thus, law enforcement officers and other government officials
who have been convicted of a qualifying misdemeanor will not be able to
lawfully possess or receive firearms or ammunition for any purpose including
performing their official duties. This disability applies to firearms and
ammunition issued by government agencies, firearms and ammunition purchased
by officials for use in performing their official duties, and personal
firearms and ammunition possessed by such officials.

We are in the process of revising all applicable forms to reflect this new
provision. These will be provided to you as soon as possible. In the
meantime, you should inquire of your customers whether they have been
convicted of a disqualifying domestic violence misdemeanor and avoid any
firearm or ammunition transfers to such persons.

If you have any questions concerning these new requirements, contact your
local ATF office or the Firearms and Explosives Regulatory Division at (202)
927-8300.

John W. Magaw

Director

[the above is from Paradis Sales, 731 W. Colorado Ave., Colorado Springs, CO
80905.]