The controversy regarding the alleged failure of the FBI to properly run a background check, which allowed Dylan Roof to purchase a firearm, is apparently not over just yet. A judge has denied all of the motions to dismiss the case and has now allowed it to proceed. United States District [more]
San Antonio, Texas - Ride share drivers for companies such as Uber and Lyft are now being given additional incentives to comply with criminal background checks that were made optional late last year. To entice drivers to undergo fingerprint checks, the city has launched a new program that gives drivers [more]
Staff members inside the White House are usually heavily scrutinized and checked before they are allowed to hold any kind of position inside the official residence and principal workplace of the President of the United States. However, reports have revealed that a new set of FBI background checks was apparently [more]
SANTA FE, N.M. - An amended version of the New Mexico extended background check bill is now heading to the house floor. The House Consumer and Public Affairs recently voted 3-1 to approve the new house bill, HB 50, which seeks to extend the requirement of background checks for gun [more]
President Donald Trump's executive order to deny refugees and immigrants from entering the United States sent shockwaves around the country and sparked protest from Muslim and Non-Muslim American citizens. Over the weekend, protest erupted in various locations around the country including several rallies in large airports in New York, Denver, [more]
Gun rights advocates have reportedly now lobbied for the incoming Trump administration to do away with a recently finalized ruling that would collate information gathered from the Social Security System into the FBI's National Instant Criminal Background Check System (NICS) database. The ruling was originally submitted as part of the [more]
The Firearm Owners’ Protection Act (FOPA), Pub. L. No. 99-308, 100 Stat. 449 (May 19, 1986), codified at 18 U.S.C. § 921 et seq., is a United States federal law that revised many statutes in the Gun Control Act of 1968.
Federal Firearms License regulatory reform
Under the Gun Control Act of 1968, the Bureau of Alcohol, Tobacco and Firearms, now the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) was given wide latitude on the enforcement of regulations pertaining to Federal Firearms License (FFL) holders. Allegations of abuse by ATF inspectors soon arose from the National Rifle Association (NRA) and certain targeted Federal firearms licensees.
Machine gun ban (The Hughes Amendment)
As debate for FOPA was in its final stages, Rep. William J. Hughes (D-N.J.) proposed an amendment (House Amendment 777 to H.R. 4332) to ban the civilian ownership or transfer of any fully-automatic weapon which was not registered by May 19, 1986. However, any such weapon manufactured and registered before the May 19 cutoff could still be legally owned and transferred by civilians.
“Safe passage” provision
One of the law’s provisions was that persons traveling from one place to another cannot be arrested for a firearms offense in a state that has strict gun control laws if the traveler is just passing through (short stops for food and gas and presumably overnight stops on long trips excepted) and the firearms and ammunition are not immediately accessible, unloaded and, in the case of a vehicle without a compartment separate from the driver’s compartment, in a locked container.
Clarification of prohibited persons
The older Gun Control Act of 1968 prohibits firearms ownership in the US by certain broad categories of individuals thought to pose a threat to public safety. However, this list differed between the US House and the US Senate versions of the bill, and led to great confusion. This list was later augmented, modified, and clarified in the Firearm Owners Protection Act of 1986. The 1986 list is: