FFL Prohibited Persons & Firearms Restrictions 1 — Questions and Answers
Question 1: Under 18 USC 922(g), which of the following is NOT a federally prohibiting category that bars a person from possessing firearms?
- Conviction of a non-domestic-violence misdemeanor punishable by less than two years imprisonment (Correct answer)
- Being an unlawful user of a controlled substance
- Having been adjudicated as a mental defective
- Being subject to a qualifying domestic violence protective order
Correct answer: Conviction of a non-domestic-violence misdemeanor punishable by less than two years imprisonment
The 922(g) prohibitions cover felonies, specific misdemeanor domestic violence convictions, and other listed categories, but ordinary misdemeanors that are not domestic violence offenses do not trigger a federal firearms prohibition.
Question 2: Under 18 USC 922(b)(1), what is the minimum age at which a federally licensed dealer may transfer a handgun to a non-licensee?
- 16 years old
- 18 years old
- 21 years old (Correct answer)
- 25 years old
Correct answer: 21 years old
Federal law prohibits FFLs from selling or delivering a handgun to any person the dealer knows or has reasonable cause to believe is under 21 years of age.
Question 3: How long does the firearm prohibition imposed by 18 USC 922(g)(9) last for a person convicted of a misdemeanor crime of domestic violence?
- Five years from the date of conviction
- Ten years from the date of sentence completion
- Until civil rights are formally restored by the convicting jurisdiction
- For the lifetime of the convicted person (Correct answer)
Correct answer: For the lifetime of the convicted person
The 922(g)(9) prohibition is a lifetime ban with no statutory expiration date; only a qualifying pardon, expungement, or set-aside can remove it under 921(a)(33)(B).
Question 4: Under ATF regulatory definitions, which of the following best describes a person 'adjudicated as a mental defective' for purposes of 18 USC 922(g)(4)?
- A person voluntarily admitted to any psychiatric facility
- A person determined by a court or lawful authority to be a danger to self or others or to lack mental capacity to manage their own affairs (Correct answer)
- A person diagnosed with a mood disorder by a licensed psychiatrist
- A person currently prescribed antipsychotic medication
Correct answer: A person determined by a court or lawful authority to be a danger to self or others or to lack mental capacity to manage their own affairs
ATF defines 'adjudicated as a mental defective' as a formal determination by a court, board, commission, or other lawful authority that a person poses a danger to self or others, or is mentally incompetent to manage their affairs.
Question 5: Under 18 USC 922(b)(1), what is the minimum age at which a federally licensed dealer may transfer a rifle or shotgun to a non-licensee?
- 16 years old
- 18 years old (Correct answer)
- 21 years old
- There is no federal minimum age for long guns from an FFL
Correct answer: 18 years old
FFLs are prohibited from selling or delivering long guns (rifles and shotguns) to persons under 18 years of age under federal law.
Question 6: Which ATF form must a transferee complete to certify they are not a prohibited person when acquiring a firearm from a federally licensed dealer?
- ATF Form 4473 (Firearms Transaction Record) (Correct answer)
- ATF Form 4 (Transfer of NFA Firearm)
- ATF Form 6 (Import Permit)
- ATF Form 7 (FFL Application)
Correct answer: ATF Form 4473 (Firearms Transaction Record)
ATF Form 4473 (Firearms Transaction Record) is the document the transferee must complete and sign, certifying under penalty of federal law that they are not prohibited from receiving or possessing firearms.
Question 7: Under 18 USC 922(y)(2), which non-immigrant visa holder is EXEMPT from the general prohibition on acquiring firearms?
- A foreign exchange student attending a US university on an F-1 visa
- A non-immigrant visitor who possesses a valid hunting license lawfully issued by any US state (Correct answer)
- A temporary worker on an H-1B visa who has resided in the US for more than three years
- A journalist covering a US sporting event on an I visa
Correct answer: A non-immigrant visitor who possesses a valid hunting license lawfully issued by any US state
Section 922(y)(2) provides a statutory exception for non-immigrant visa holders who are admitted for lawful hunting or sporting purposes or who possess a valid hunting license lawfully issued in the United States.
FFL Prohibited Persons & Firearms Restrictions 1
Under 18 USC 922(g), which of the following is NOT a federally prohibiting category that bars a person from possessing firearms?