An individual’s Second Amendment1 right to keep and bear arms becomes all the more important in these troubling times. As people in Indiana (and nationally) flocked to their local firearms dealer or a gun shop to buy a gun in the face of uncertainty with the COVID-19 global pandemic, many individuals were “denied” the purchase by a NICS2 background check. Is this your situation? If you didn’t expect it, you probably have many questions swirling around in your head, such as “how is this possible? what does this mean? what can I do to fix it?” In this blog, we ...
April 29, 2020CD
If you are reading this blog, you or someone you know may have just found out you have been “denied” from purchasing a firearm. Maybe it was your first time trying to purchase a gun, and, come to find out you can’t? Or maybe you have been lawfully purchasing firearms for years, and then out of nowhere, you get denied. These are common and confusing situations. Often times, however, a NICS’ denial may be reversed. This blog provides a brief overview of NICS’ system, denials, and some potential solutions. “NICS,” The National Instant Criminal Background Check System, is the system used ...
November 1, 2019CD
As feds crackdown on 'straw sales,' other illegal gun sales remain harder to track. Ciyou & Dixon, P.C. - Firearms Attorney, Bryan L. Ciyou speaks with Channel 13 Eyewitness News about straw purchases of firearms.
July 24, 2019CD
Indiana is a very progressive state in firearms’ laws in many ways, including its “lifetime” license to carry a handgun. Once such is issued, it may be suspended or revoked for certain criminal activity. This blog addresses important reasons to appeal the denial of an application for a License to Carry a Handgun once made and denied by the Indiana State Police, who are diligent and careful in approval of the application. First, firearms law is very complex, and some of the questions on the Application are required to comport with state and federal law and do not always have clear ...
December 7, 2016Adam Hayes
As of July 13, 2016, NFA trusts will dramatically change. Those with NFA trusts or those that set them up after this time, will have very different requirements for acquisition of NFA items. This blog post covers three key changes. The first is that every member of the trust with control will have to complete a new form 5320.23 for each responsible person. The form essentially asks about the information contained on a 4473 form completed when someone purchases a firearm to determine if he or she is prohibited from possession. The second requirement is each such person must provide two classifiable ...
April 26, 2016Adam Hayes
Carrying firearms, particularly a handgun, is an ordinary part of life for most members of the law enforcement community as well as a growing number of ordinary citizens from all walks of life. In fact, it becomes so common place and natural—like wearing shoes--that a number of people “forget” and carry these through airport security screening every day. When this occurs, typically three legal matters occur that an attorney may be able to assist with. First, and most importantly, this probable cause for the crime of taking a firearm, explosive or deadly weapon through a controlled airport inspection point.1 While extreme ...
March 1, 2016Adam Hayes
Any legal area that has strong political and social positions, generally corresponds with substantial law-making. Gun purchase, possession and use is one such topic that is politically charged with “positions.” While most of the laws are on-line, there is a great amount of commentary about how the law should be applied and enforced. In the firearms arms arena, there are four key myths that appear to be a great confusion for a large number of gun owners. This blog addresses these. The first is a lawfully possessed firearm can be used to scare someone away by pointing it at the wrong-doer. ...
January 19, 2016Adam Hayes
Upon passage of the Gun Control Act of 19681, a person who wanted to deal in firearms for the primary purpose of making a living had to obtain a License (or FFL). Over time, the rather simple requirements incumbent upon FFLS became very rigid and strict. In theory, at present, a single violation of the GCA of 1968 can lead to revocation of an FFL and/or imprisonment. ATFE’s central purpose for holding FFLs to a high standard of compliance with respect to their records, primarily A&D Books, 4473 Forms, and Multiple Handgun Purchases is for proper law enforcement. With a dealer ...
April 14, 2015Adam Hayes
The House Extends the 1988 Federal Undetectable Fireamrs Act When the Austrian Glock 17, Generation 1 (in 9x19), hit the United States in the mid-1980s, some believed the new-fangled (and misunderstood) polymer frame pistols would not set off security alarms and claimed these handguns could pass through airport security metal detectors without detection. That is just science fiction, as the slide and barrel are steel, magazine spring, and cartridges and would be easily detectable. This ultimately led Congress to quickly pass The 1988 Undetectable Firearms Act that President Regan signed into law. Now, millions of Glocks, of many variants ,different calibers, and ...
January 16, 2014CD
Can I Lawfully Purchase A Firearm From A Dealer I Intend To Give As A Gift? “Yes”, in most cases, but not if the recipient is a prohibited possessor under Federal law and not prohibited by State or local law. There is a unified focus by ATF and state and local law enforcement to prosecute straw purchasers. A straw purchase is one where the intended buyer (transferee) from the Federal Firearms Licensee (i.e., gun shop) is not intended to be the actual recipient of the firearm. Such firearms may be handguns or long guns (Title I weapons). Instead, the purchase made by the ...
December 17, 2013CD