Quite frequently the issue arises as to whether a Federal Firearms Licensee (FFL) may sell a firearm to a Law Enforcement Officer (LEO), without conducting a background check, where the officer has a letter, on Police Department letterhead, stating that the firearm is being purchased as a duty weapon. Under Federal and State law, theFFL can conduct the sale, under these circumstances, without having an ATF Form 4473 completed or calling the Pennsylvania Instant Check System (PICS); however, I do not advise that my clients do so.
The reason that I tell all of my FFL clients to have the officer fill out the Form 4473 and complete a PICS check is that many officers are prohibited under 18 U.S.C. 922(g)(9), which is commonly referred to as the Lautenberg Amendment. The Lautenberg Amendment makes an individual prohibited in relation to owning firearms when he/she was convicted of a misdemeanor crime of domestic violence. Here in PA, even a misdemeanor Disorderly Conduct conviction, which involved intimate or married partners, is a prohibiting offense.
So, some of you may be asking how this relates to a law enforcement officer and the need to conduct a background check. The truth is thatVERY few police departments know that this is a prohibiting offense. Unlike the rest of the Federal laws, which permit a LEO to possess a firearm during his/her employment (yes, even if the officer was convicted of a felony!), the Lautenberg Amendment did not make an exception (see side note below). As such, a police department may, in good faith, issue a letter for duty weapon of one of its officers without knowing that officer is prohibited.
The question that then arises, and which has not currently been decided by the state or federal courts, is whether the FFL could be liable if the officer is prohibited person and later commits a crime with that firearm. Given the absence of case law on the issue, it is in the FFL’s best interest to have a Form 4473 filled out and a PICScheck conducted.
As a side note, some police officers that are in the know regarding the Lautenberg Amendment will actually request that they be charged with a felony, instead of a misdemeanor, so that the Lautenberg Amendment will not apply.
Published by Joshua Prince, Esq.
With our 2nd Amendment rights being attacked at both the Federal and State level, and the ATF (Burea of Alcohol, Tobacco, Firearms, and Explosives) trying to close down FFLs (Federal Firearms Licensees) for minor infractions while making FFLs the scapegoat when the ATF's records are inaccurate, I want to take this opportunity to introduce myself. I am one of only a handful of attorneys across the US that practices in the niche area of law known as firearms law. I decided to concentrate my legal practice on firearms law not only because I am a shooter and firearms enthusiast, but also to ensure that our inalienable Right to Keep and Bear Arms is never encroached upon.
I handle cases at the Federal and State level for both FFLs and individuals. At the federal and state levels for individuals, I actively defend the 2nd Amendment of the US Constitution and Section 21 of the PA Constitution, as well as, help individuals with:
- License to Carry Firearms Denials;
- Challenges to Erroneous PICS Denials;
- Relief from Firearms Disabilities;
- Estate Planning Advice;
- Gun/NFA Trusts; and
- 42 USC 1983 Actions for Deprivation of Civil Rights
At both the state and federal levels, I represent FFLs and SOTs throughout Pennsylvania and the US regarding:
- ATF Compliance Inspections;
- Warning Letters and Hearings;
- FFL Revocations;
- Corporate Structure Advice
- Indoor/Outdoor Range Implementation; and
- Forfeiture Proceedings
In following my love for firearms and firearms law, I have taught several Continuing Legal Education (CLE) seminars on Firearms in Estates and Trusts and Firearms Law 101 for several Bar Associations, including Berks, Cumberland, and Dauphin Counties. I also planned and taught several Firearms in Estates CLE classes for the Pennsylvania Bar Institute (PBI).
While at Widener Law School, I was a member of the Widener Law Journal. I wrote an article on the Inaccuracy of the National Firearms Registration and Transfer Record (NFRTR). I also had an article published on Fee Disputes in Workers Compensation cases in the Widener Law Journal, Volume 18, No. 2.
You can often find me posting on several internet forums, including Subguns, Uzitalk, AR15, and PAFOA. I also hold PA Firearms Law classes for local ranges to inform the public on the firearm laws of the Commonwealth.
Following in my father's footsteps, I am also a Board member for the Pottstown Police Athletic League (PAL).
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