27 CFR 478.11 - Meaning of terms

Cite as27 CFR 478.11
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201 cases
  • In re Acad., Ltd., 19-0497
    • United States
    • Supreme Court of Texas
    • June 25, 2021
    ...for the hammer, bolt or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel." 27 C.F.R. § 478.11.9 A "destructive device," which is separately defined in the Gun Control Act, also qualifies as a "firearm" and is not at issue here. 18......
  • Kajmowicz v. Whitaker, 21-2434
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • July 21, 2022
    ...Act, 26 U.S.C. §§ 5801 - 72. Bump-Stock-Type Devices, 83 Fed. Reg. 66,514 (Dec. 26, 2018) (codified at 42 F.4th 146 27 C.F.R. §§ 447.11, 478.11, 479.11 ). In doing so, he exercised the Attorney General's authority under both statutes to promulgate rules and regulations to enforce their prov......
  • Rehaif v. United States, 17-9560
    • United States
    • United States Supreme Court
    • June 21, 2019
    ...or disease:"(1) Is a danger to himself or to others; or"(2) Lacks the mental capacity to contract or manage his own affairs." 27 CFR § 478.11(a) (2019).Congress thought that persons who fall into this category lack the intellectual capacity to possess firearms safely. Is it likely that Cong......
  • Estate of Pemberton v. John's Sports Center, 94,583.
    • United States
    • Court of Appeals of Kansas
    • June 2, 2006
    ...(1) Is a danger to himself or to others; or (2) Lacks the mental capacity to contract or manage his own affairs." (Emphasis added.) 27 C.F.R. § 478.11, p. 20 Likewise, "[c]ommitted to a mental institution" is defined as: "A formal commitment of a person to a mental institution by a court, b......
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4 firm's commentaries
  • Cannabis Legal Report – Week of July 6, 2022
    • United States
    • LexBlog United States
    • July 7, 2022
    ...prohibits, among other things, the sale of firearms to an “unlawful user” of controlled substances, which includes cannabis. See 27 C.F.R. § 478.11. To that end, the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) has promulgated Form 4473, which asks those seeking to l......
  • Cannabis Legal Report­­: Week of October 3, 2022
    • United States
    • LexBlog United States
    • October 6, 2022
    ...patients. The federal government prohibits the sale of firearms to an “unlawful user” of controlled substances such as cannabis. See 27 C.F.R. § 478.11. The DOJ’s response was clear: cannabis possession remains federally illegal. The government relied on a recent U.S. Supreme Court case, Ne......
  • Cannabis Legal Report – Week of July 6, 2022
    • United States
    • LexBlog United States
    • July 7, 2022
    ...prohibits, among other things, the sale of firearms to an “unlawful user” of controlled substances, which includes cannabis. See 27 C.F.R. § 478.11. To that end, the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) has promulgated Form 4473, which asks those seeking to l......
  • HIPAA Modified in Tandem with Executive Action on Gun Control: Much Ado About Narrow Permissive Reporting Requirements
    • United States
    • JD Supra United States
    • January 21, 2016
    ...(last visited Jan. 20, 2016). [3] HIPAA NICS Rule at 382. [4] See Public Law 90-618-Oct. 22, 1968; see also 27 C.F.R. § 478.11. [5] See 27 C.F.R. § [6] See 27 C.F.R. § 478.11(2). [7]href="http://www.ebglaw.com/news/hipaa-modified-in-tandem-with-executive-action-on-gun-control-much-ado-about......
1 books & journal articles
  • Public Mass Murderers and Federal Mental Health Background Checks
    • United States
    • Law & Policy No. 40-2, April 2018
    • April 1, 2018
    ...institution” excludes a person in a mental institution by vol-untary admission or for observation (18 USC §§ 922(g)(4), 924(a)(2); 27 CFR § 478.11).A. SERIOUS MENTAL ILLNESS AND THE RISK OF INTERPERSONAL VIOLENCEDespite the focus by both the public and federal lawmakers on mental illness as......
29 provisions
  • Chapter 46, SB 5333 – Uniform parentage act
    • United States
    • Washington Session Laws
    • January 1, 2019
    ...stalking (RCW 9A.46.110). A vacated conviction under this section is not considered a conviction of such an offense for the purposes of 27 C.F.R. 478.11.(6) All costs incurred by the court and probation services shall be paid by the person making the motion to vacate the record unless a det......
  • Chapter 215, HB 1320 – Civil protection orders
    • United States
    • Washington Session Laws
    • January 1, 2021
    ...felony classified as a crime of violence under (a) or (b) of this subsection.(5) "Curio or relic" has the same meaning as provided in 27 C.F.R. Sec. 478.11.(6) "Dealer" means a person engaged in the business of selling firearms at wholesale or retail who has, or is required to have, a feder......
  • Chapter 284, HB 4376 – AN ACT RELATIVE TO THE REDUCTION OF GUN VIOLENCE
    • United States
    • Massachusetts Session Laws
    • January 1, 2014
    ...in the commonwealth from a dealer licensed under section 122 if that rifle, shotgun or firearm is a curio or relic as defined in 27 CFR 478.11.A person who uses a license to carry firearms or a firearm identification card to purchase a firearm, rifle or shotgun for the unlawful use of anoth......
  • Chapter 16, HB 1210 – Cannabis terminology
    • United States
    • Washington Session Laws
    • January 1, 2022
    ...under chapter 7.105 RCW. A vacated conviction under this section is not considered a conviction of such an offense for the purposes of 27 C.F.R. 478.11.(c) A conviction vacated on or after July 28, 2019, qualifies as a prior conviction for the purpose of charging a present recidivist offens......
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