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Federal firearms license

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The TT-30 , commonly known simply as the Tokarev , is a Soviet semi-automatic pistol . It was developed during the late 1920s by Fedor Tokarev as a service pistol for the Soviet Armed Forces and was based on the earlier pistol designs of John Moses Browning , albeit with detail modifications to simplify production and maintenance. The Soviet Union ceased production of the TT in 1954, although derivatives of the pistol continued to be manufactured for many years in the People's Republic of China and nations aligned with the Soviet bloc.

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68-545: A federal firearms license ( FFL ) is a license in the United States that enables an individual or a company to engage in a business pertaining to the manufacture or importation of firearms and ammunition , or the interstate and intrastate sale of firearms. Holding an FFL to engage in certain such activities has been a legal requirement within the United States since the enactment of the Gun Control Act of 1968 . The FFL

136-416: A broadcast radio or television station ), or it permits the licensed party to do something that would violate the rights of the licensing party (e.g. make copies of a copyrighted work ), which, without the license, the licensed party could be sued, civilly, criminally, or both. In particular, a license may be issued by authorities, to allow an activity that would otherwise be forbidden. It may require paying

204-565: A captive recoil spring secured to the guide rod, which depends on the barrel bushing to hold it under tension. The TT-33 is chambered for the 7.62×25mm Tokarev cartridge, which was itself based on the similar 7.63×25mm Mauser cartridge used in the Mauser C96 pistol. The 7.62×25mm cartridge is powerful, has an extremely flat trajectory, and is capable of penetrating thick clothing and soft body armor. Due to their reliability, large numbers of TT-33s were produced during World War II and well into

272-404: A fee or proving a capability (or both). The requirement may also serve to keep the authorities informed on a type of activity, and to allow them to set conditions and limitations. A licensor may grant a license under intellectual property laws to authorize a use (such as copying software or using a patented invention) to a licensee, sparing the licensee from a claim of infringement brought by

340-807: A license, and forbade them from transferring any firearm or most ammunition to any person interstate unless certain conditions were met. As a practical matter, this did not affect the interstate commerce in firearms or ammunition, because the 1938 FFA lacked a provision specifically restricting "prohibited purchasers" as defined in the FFA from purchasing firearms under false pretenses/documentation (i.e. those who would otherwise have been considered "prohibited purchasers" were still able to get away with firearms purchases by providing falsified identity information; since background checks as understood today did not yet exist, convicted felons and other "prohibited purchasers" would still buy firearms unhindered by using fake identification). It

408-430: A limited number of computers. The enforceability of end-user license agreements is sometimes questioned . As of 2020, there are various ways to license software with different kinds of licensing models, which allow software vendors to profit from their product offerings in flexible ways. Like other intellectual property, patent owners may grant permission to others to engage in conduct that would otherwise be within

476-413: A manual safety was added to meet import requirements). Certain other modifications, such as period sporterisations, are arguably C&R qualified as they represent the gun culture of the period. An example would be a Lee–Enfield or 98K Mauser military rifle that had been converted into a continental style sporter before World War II. These common conversions occurred more than 50 years ago, and represent

544-404: A particular geographic region, just for a certain period of time or merely for a stage in the value chain . Moreover, there are different types of fees within the trademark and brand licensing. The first form demands a fee independent of sales and profits , the second type of license fee is dependent on the productivity of the licensee. For example, McDonald's licenses their trademark such as

612-471: A permission to a licensee to copy and distribute copyrighted works such as "art" (e.g., Thomas Kinkade 's painting Dawn in Los Gato ) and characters (e.g., Mickey Mouse ). With such license, a licensee need not fear a claim of copyright infringement brought by the copyright owner. Artistic license is, however, not related to the aforementioned license. It is a euphemism that denotes freedom of expression,

680-583: A person who holds a licentiate. In English, the degree has never been called a license. In France, the licence is the first degree awarded in Universities. In Sweden , Finland, and in some other European university systems, a 'licentiate' is a postgraduate degree between the master's degree and the doctorate. The licentiate is a popular choice in those countries where a full doctoral degree would take five or more years to achieve. A license to driving certain vehicles has been applied to many countries around

748-478: A probation officer and only living at an approved address, in exchange for their early release. If they break the conditions of the licence, they can be "recalled" (returned to prison). Offenders serving determinate sentences are released automatically at a set point in their sentence, whereas prisoners serving indeterminate sentences (e.g. life imprisonment ) can only be released by the parole board . Patent licensing has been studied in formal economic models in

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816-541: A registry of firearms sales in an ATF-approved Bound Book, or a computerized equivalent using ATF-approved software. Licensed dealers must also maintain file copies of Form 4473 or eForm 4473 "Firearms Transaction Record" documents, for a period of not less than 20 years after the date of sale or disposition. When retiring or otherwise relinquishing a license, these records are sent to the ATF's out-of-business Records Center. Licensed collectors are not required to send their records to

884-557: A special occupational tax of $ 500 per year if gross revenues do not exceed $ 500,000, and $ 1,000 if revenues exceed $ 500,000. International Traffic in Arms Regulations (ITAR) is a set of United States government regulations that control the manufacture, export, import, or transfer of defense-related articles and services on the United States Munitions List (USML), which includes most all firearms components. In general,

952-642: A sub-type of special interest to collectors. Federal law defines guns manufactured in or before 1898 with unconventional firing mechanisms (such as percussion, flintlock and other combustion methods typically considered "black powder"), or cartridge firearms that have uncommon and not readily available ammo types (.30-40 Krag, .30 Mauser, .44 Russian, etc) as "antique" (26 USC §5845(G)), (27 CFR §478.11) and they are generally unregulated in federal law. They may be bought and sold across state lines without an FFL. The only exceptions are short-barreled rifles, short barreled shotguns, and machine guns , which are regulated under

1020-406: A third party would amount to copying or infringement. Such copying would be improper and could, by using the legal system, be stopped if the intellectual property owner wanted to do so. Intellectual property licensing plays a major role in business, academia and broadcasting. Business practices such as franchising , technology transfer , publication and character merchandising entirely depend on

1088-622: A wider grip to incorporate a double stack magazine . Research and development started in 2001. The K14-VN began to see service with PAVN forces on May 10, 2014. The industry name for the regular K54 and the K14-VN is known as SN7M and the SN7TD . Zastava produces an improved version of the TT-33 designated M57 . The M57 has a longer grip and longer 9-round magazine (versus 8 rounds in TT). A 9×19mm version

1156-651: Is also rather inexpensive and locally produced or imported from China, also made by Norinco . The Type-54 was replaced in the mid to late 1990s by the QSZ-92 in PLA service. Hungary produced licensed copies of the TT-33 as the Pisztoly 48 Minta commonly referred to as the M48 or 48M , as well as an export version for Egypt known as the Tokagypt 58 chambered for the 9×19mm Parabellum round which

1224-482: Is associated with firearms intended for sporting use or as offensive or defensive weapons." To be recognized by ATF as a C&R firearm, a firearm must fall into at least one of the following three categories: C&R firearms include most manually operated and semi-automatic firearms used by a military force prior to 1974. This includes most firearms used by the warring nations in World War I and World War II . However,

1292-459: Is especially important for collectors of pistols and revolvers since they may not otherwise be acquired outside a collector's state of residence.) Collectors are not considered to be FFL dealers and have no special privileges concerning non-C&R firearms, nor may they "engage in the business" of regularly selling C&R firearms to persons who do not have an FFL. Selling of C&R firearms does not require an FFL transfer across state lines, only if

1360-540: Is issued by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE, commonly known as the "ATF") The federal firearms license was established to and implement the Gun Control Act of 1968 . The 1968 act was an update or revision of the Federal Firearms Act of 1938 (FFA), which required all manufacturers and dealers of firearms who ship or receive firearms or ammunition in interstate or foreign commerce to have

1428-404: Is located in closest proximity to the premises where the inventory and records of such licensed collector are maintained. Any firearm sold as a C&R firearm once changed out of its original configuration cannot be resold as a C&R firearm. In regard to conversions; certain pistols have been approved for sale with added safety conversions (i.e. Polish and Romanian Tokarev pistols , to which

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1496-401: Is not revocable by the licensor without exposure to liability and potential damages. In the event a license is coupled with an interest, the licensor must provide reasonable time for the licensee to remove that interest from the property prior to termination. Additionally, because a license does not confer any possessory interest in the licensee, in the event of a sale of the property, the license

1564-414: Is obtained by applying for it. In the case of a private party, it is by a specific agreement, usually in writing (such as a lease or other contract). The simplest definition is "A license is a promise not to sue", because a license usually either permits the licensed party to engage in an illegal activity, and subject to prosecution, without the license (e.g. fishing , driving an automobile , or operating

1632-407: Is terminated and cannot be enforced against the new owners of that property. Moreover, the death of either the licensee or licensor will terminate the agreement. If a license is revocable at will by the licensor, courts will be unable to grant specific performance in favor of the licensee. A licensee would be unsuccessful in bringing forcible entry claims or a detainer proceeding because the licensee

1700-491: The National Firearms Act of 1934. Unlike C&R guns, antique guns can be re-arsenalized, sporterized, re-barreled, or re-chambered, yet they will still retain their federally exempt status. Even if every part except the receiver is replaced, a pre-1899 "black powder" firearm still qualifies as an antique. FFL holders have been directed not to enter Pre-1899 guns into their Bound Books. FFL holders are required to keep

1768-553: The Pistolet wzór 1933 (P-33) , manufactured from 1947 to 1959. In mid-50s a training version of P-33 was created, chambered in .22lr called TT Sportowy . All of those pistols were converted between 1954 and 1958 from the 7.62mm variant by changing the barrel and removing the locking lugs from slide. Additionally, the Radom M48 was created in Radom, Poland as another slightly modified copy of

1836-525: The Revolutionary Military Council approved a resolution to test new small arms to replace its aging Nagant M1895 revolvers. During these tests, on 7 January 1931, the potential of a pistol designed by Fedor Tokarev was noted. A few weeks later, 1,000 TT-30s were ordered for troop trials, and the pistol was adopted for service in the (USSR) Red Army. The TT-30 was manufactured between 1930 and 1936, with about 93,000 being produced. Even as

1904-402: The " Golden Arches " or the " Big Mac ", but the licenses gives McDonald's a right to impose strict quality standards to their franchisees as they can take back the right to the trademark if they do not meet McDonald's standards. When a licensor grants permission to a licensee to not only distribute, but manufacture a patented product, it is known as licensed production . A licensor may grant

1972-508: The 1950s. The TT-33 was eventually replaced by the 8-round, 9×18mm Makarov PM pistol in 1952. The Wehrmacht captured TT-33s and issued them to units under the Pistole 615(r) designation. This was made possible by the fact that Russian 7.62 mm Model 1930 Type P cartridges were nearly identical to the German 7.63×25mm Mauser cartridge, although in German service the 9×19mm Parabellum round

2040-701: The ATF when relinquishing their license. The ATF is allowed to inspect, as well as request a copy of the Form 4473 from the dealer during the course of a criminal investigation. In addition, the sale of two or more handguns to a person in a five business day period must be reported to ATF on Form 3310.4 . ATF will approve the application if the applicant: The applicant must also certify that: See TITLE 27 CFR, CHAPTER II, PART 478 – COMMERCE IN FIREARMS AND AMMUNITION, § 478.42 License fees. Destructive device Importers and manufacturers of machine guns, short-barreled rifles and shotguns, and destructive devices must also pay

2108-586: The Department of State's Directorate of Defense Trade Controls (DDTC), which interprets and enforces ITAR, requires anyone engaged in such activities, including holders of a federal firearms license, to register annually and submit a fee (no less than $ 2,250 as of 2013). Registration exemptions exist for, among other things, work on unclassified intellectual property, and work or fabrication of an experimental or scientific nature including research and development. As of January 23, 2020, new regulations regarding ITAR are in

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2176-711: The FFA. Certain types of firearms, accessories and other weapons are currently restricted under the National Firearms Act ( NFA ). In addition to a current FFL (of whatever "type" is applicable), the ATF requires that business owners who are planning to import, manufacture or deal in restricted materials also pay a Special Occupational Tax, or "SOT" (thereby making the business owner a " Special Occupational Taxpayer "). C&R firearms are defined in Title 27, Code of Federal Regulations , Part 478.11 as those "of special interest to collectors by reason of some quality other than

2244-447: The M1911. This assembly is removable from the pistol as a modular unit and includes machined magazine feed lips, preventing misfeeds when a damaged magazine is loaded into the magazine well. Soviet engineers made several alterations to make the mechanism easier to produce and maintain, most notably the simplifications of the barrel's locking lugs, allowing fewer machining steps. Some models use

2312-578: The Nagant. From 1931 to 1945, a total of 1,330,000 Tokarevs were produced in the Soviet Union. Externally, the TT-33 is very similar to John Browning 's blowback operated FN Model 1903 semiautomatic pistol , and internally it uses Browning's short recoil tilting-barrel system from the M1911 pistol . In other areas the TT-33 differs more from Browning's designs—it employs a much simpler hammer/ sear assembly than

2380-579: The TT-30 was being put into production, design changes were made to simplify manufacturing. Minor changes to the barrel, disconnector, trigger and frame were implemented, the most notable ones being the omission of the removable hammer assembly and changes to the full-circumference locking lugs. This redesigned pistol was the TT-33 . Most TT-33s were issued to commanding officers. The TT-33 was widely used by Soviet troops during World War II , but did not completely replace

2448-612: The TT-33 in Russia ended in 1954, but copies (licensed or otherwise) were also made by other countries. At one time or another, most communist or Soviet bloc countries created a variation of the TT-33 pistol. The TT pistol was copied in China as the Type 51 , Type 54 , M20 , and TU-90 . Norinco , the People's Liberation Army 's state armaments manufacturer in China, manufactured a commercial variant of

2516-462: The TT-33. Romania produced a TT-33 copy as the TTC , or Tokarev Cugir well into the 1950s. These have been made available for commercial sale in great numbers in recent years. However, to be importable into the United States, a trigger blocking safety was added. The K54 is a copy of the TT-33. An updated version known as the K14-VN is made by Factory Z111, and has an increased capacity of 13 rounds, with

2584-575: The Tokarev pistol chambered in the more common 9×19mm Parabellum round, known as the Tokarev Model 213 , as well as in the original 7.62×25mm caliber. The 9mm model features a safety catch, which was absent on Russian-produced TT-33 handguns. Furthermore, the Model 213 features the thin slide grip grooves, as opposed to the original Russian wide-types. The 9mm model is featured with a magazine well block mounted in

2652-399: The ability to make the subject appear more engaging or attractive, by fictionalizing part of the subject. A licentiate is an academic degree that traditionally conferred the license to teach at a university or to practice a particular profession. The term survived despite the fact that nowadays a doctorate is typically needed in order to teach at a university. The term is also used for

2720-401: The current establishment of wealthy occupants that they decrease the supply of such occupations, which raises prices for the average consumer. Libertarians and the anti-authoritarian left ( anarcho-communists ) view competing guilds and other voluntary communes as being more beneficial for disseminating the skills and education required to perform a specified career. TT pistol In 1930,

2788-403: The developer of that software. Such license is typically included in a more extensive end-user license agreement (EULA) entered into upon the installation of that software on a computer. Typically, a license is associated with a unique code, that when approved grants the end user access to the software in question. Under a typical end-user license agreement, the user may install the software on

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2856-432: The field of industrial organization . In particular, Katz and Shapiro (1986) have explored the optimal licensing strategy of a research lab selling to firms who are competitors on the product market. It turns out that (compared to the welfare-maximizing solution) the licensor's incentives to develop innovations may be excessive, while the licensor's incentives to disseminate the innovation are typically too low. Subsequently,

2924-415: The field of industrial electronics). Often, patent owners will require a licensee to pay money in exchange for granting a patent license. Such payments are referred to as royalty payments and come primarily in two forms: lump sum or running royalty. A lump sum royalty involves an upfront, one-time payment, while a running royalty typically involves periodic payments ( e.g., quarterly or annual) based on

2992-517: The firearm has a collectible status. The purpose of the C&;R license is to enable a collector to acquire C&R firearms for their personal collection and not to become a firearms dealer. (D) At the election of a licensed collector, the annual inspection of records and inventory permitted under this paragraph shall be performed at the office of the Attorney General designed for such inspections which

3060-545: The firearm must normally also be in its original configuration to retain the C&R designation. So, for example, an unaltered Mauser Karabiner 98k rifle used by the German Army in World War II is a C&R firearm – but the same rifle "sporterized" with new stock and finish is generally not considered a C&R firearm. There is an ambiguous point in how the license is currently administered, in that some firearms altered by

3128-405: The land. Once a license is agreed upon, the licensee may occupy the land only so far as is necessary to complete the act. Another key distinction between a license and a lease is that leases are generally required to be in writing, where the statute of frauds requires it, while licenses can be made orally. A license is generally created by an express or implied agreement. The licensor must agree to

3196-424: The license which can be shown in writing or the licensors acquiescence in its exercise. Furthermore, unlike many other contractual agreements, a license does not require consideration, a license can be created with or without it. Moreover, whether an agreement is held to be a "license" and not a lease will depend on three essential characteristics of a license: (1) a clause allowing the licensor to revoke "at will"; (2)

3264-432: The licensee is the only person or entity that is allowed to sell, make, use, offer to sell, or import the patented invention) or non-exclusive ( i.e., the licensee is simply one of several entities who has rights under the patent). Finally, any rights given under the agreement may be limited to a particular "field of use" ( e.g., a licensee may be able to practice an invention in the field of consumer electronics, but not in

3332-448: The licensing of intellectual property. Land licensing (proprietary licensing) and IP licensing. A license provides one party with the authority to act on another's land, when such action would typically amount to trespass absent that license. A key distinction between licenses and leases is that a license grants the licensee a revocable non-assignable privilege to act upon the land of the licensor, without granting any possessory interest in

3400-457: The licensor. A license under intellectual property commonly has several components beyond the grant itself, including a term , territory , renewal provisions, and other limitations deemed vital to the licensor. Term: many licenses are valid for a particular length of time. This protects the licensor should the value of the license increase, or market conditions change. It also preserves enforceability by ensuring that no license extends beyond

3468-702: The militaries that issued them have been confirmed by the ATF to retain C&R status, though whether this applies to all such conversions (the examples given by the ATF were the Spanish M1916 Guardia Civil, FR-7, and FR-8 Mausers) also remains ambiguous. However, as long as the receiver (the part of the firearm that is regulated by the ATF) is over 50 years old, the firearm qualifies as a Curio & Relic – ATF states explicitly that, in addition to newer firearms it individually approves, firearms automatically achieve C&R status upon turning 50, provided they are in

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3536-404: The number of patented products sold or imported. A licensor may grant permission to a licensee to distribute products under a trademark . With such a license, the licensee may use the trademark without fear of a claim of trademark infringement by the licensor. The assignment of a license often depends on specific contractual terms . The most common terms are, that a license is only applicable for

3604-493: The optimal number of licenses in a signalling model. The provision of licenses and the agencies that mandate them are often criticised by American libertarians like Milton Friedman for creating an anticompetitive environment for occupations, which creates a barrier to entry for more qualified and skilled individuals who may not have the resources to obtain the necessary licences. According to Friedman, licenses and permits have become so burdensome due to legislation that favors

3672-515: The original configuration. If modified significantly, the 50-year clock resets to the date of modification. (Specific examples are available in the ATF FAQs.) Certain automatic firearms have been designated as C&R firearms, and a C&R may be used to acquire these as well. Collectors may acquire C&R firearms in interstate commerce, e.g., via mail or phone order or the Internet, or in person. (This

3740-457: The rear of the magazine well to accept 9mm type magazines without frame modification. The Norinco model in current production is not available for sale in the United States due to import prohibitions on Chinese firearms, although older handguns of the Model 213 type imported in the 1980s and 1990s are common. Norinco now makes the NP-17, a modernized, two-tone variant on the Model 213. 7.62×25mm ammo

3808-464: The retention by the licensor of absolute control over the premises; and (3) the licensor's supplying to the licensee all of the essential services required for the licensee's permitted use of the premises. Under a pure licensing agreement, the licensor, under its terms and by common-law, can cancel the agreement at will and without cause, unless it is coupled with an interest or made irrevocable by contract. A license that has been coupled with an interest

3876-486: The robust TT-33 has been converted to many powerful cartridges including .38 Super and 9×23mm Winchester . The TT-33 omitted a safety catch other than the half cock notch, which rendered the trigger inoperable until the hammer was pulled back to full cock and then lowered manually to the half cock position. Many variants imported into the US have had manual safeties added, which vary greatly in placement and function. Production of

3944-543: The same manner as pump action firearms. It would later be replaced by the PB pistol in 1967. Interarms marketed World War II –surplus Russian-made Tokarevs in Europe and the United States as the Phoenix . They had new wooden grips with a phoenix design on them and were overstamped INTERARMS on the barrel. Later gun laws banned their sale due to their lack of a safety. In modern times,

4012-452: The scope of a patent. For example, a patent owner may authorize a licensee to make, use, sell, offer for sale, or import a patented product. Such agreements are typically referred to as a patent license agreement or a covenant not to sue . These agreements can last for a specific period of time (such as five years) or for the entire life of the patent ( i.e., until the patent expires). Patent license agreements may also be exclusive ( i.e.,

4080-509: The seminal work of Katz and Shapiro (1986) has been extended in several directions. For example, Bhattacharya, Glazer, and Sappington (1992) have taken into account that the firms acquiring licenses must make further investments in order to develop marketable products. Schmitz (2002, 2007) has shown that asymmetric information due to adverse selection or moral hazard may lead the research lab to sell more licenses than it would do under complete information. Antelo and Sampayo (2017) have studied

4148-504: The term of the agreement. Territory: a license may stipulate what territory the rights pertain to. For example, a license with a territory limited to "North America" (Mexico/United States/Canada) would not permit a licensee any protection from actions for use in Japan. Again, a shorthand definition of a license is "a promise by the licensor not to sue the licensee". That means without a license any use or exploitation of intellectual property by

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4216-472: The terms expiration may raise breach of contract claims that could provide damages against the licensor. Furthermore, once the licensor terminates or revokes the license, notice is statutorily required prior to the commencement of any special proceeding to recover possession of the property (e.g., in NY that requirement is 10 days). Mass distributed software is used by individuals on personal computers under license from

4284-410: The works. License A license ( American English ) or licence ( Commonwealth English ) is an official permission or permit to do, use, or own something (as well as the document of that permission or permit). A license is granted by a party (licensor) to another party (licensee) as an element of an agreement between those parties. In the case of a license issued by a government, the license

4352-473: The world. Being allowed to drive a certain vehicle requires a specific driving license, the type of license depending on the type of vehicle. In the United Kingdom prisoners serving a determinate sentence (a fixed time in prison) will be released prior to the completion of their full sentence "on licence". The licence is the prisoner's agreement to maintain certain conditions, such as periodic reporting in to

4420-480: Was more common. Russian cartridges are loaded to much higher pressures, so using them in German Mauser pistols can cause damage, and is advised against. In 1949, a silenced variant was produced. Uniquely, the silencer is attached to the barrel bushing rather than the barrel itself. The combined weight of the suppressor with the slide prevents semi-auto cycling of the action, forcing the user to manually cycle it in

4488-403: Was never granted any possessory interest. The Licensee would also not be able to recover damages for money spent unless they are able to show detrimental reliance on the license. In certain cases, however, licenses can be made irrevocable, and specific performance may be granted. Where a license is made with a set term period and valid consideration is transferred, revocation of the license prior to

4556-577: Was widely used by police forces there. Tokagypts differ from the M48 by an external thumb safety, an ergonomic wraparound grip, and a magazine with a finger rest. Egypt, however, cancelled its order after less than half of the 30,000 pistols ordered were delivered. The remaining pistols were sold commercially by FÉG. North Korea manufactured them as the Type 68 or M68 . Both legal and illegal TT pistols are still manufactured in various Pakistani Khyber Pass factories. Poland produced their own copies as

4624-560: Was with the adoption of the Gun Control Act (GCA) in 1968, which repealed most of the FFA, that the lawful interstate trade of firearms was limited almost entirely to persons holding a federal firearms license in the United States. As background checks were available by this time, enforcement of the GCA via the bottleneck provided by background checks and the FFL requirement was more effective than that of

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