Frequently Asked Questions
QUESTIONS AND ANSWERS TABLE OF CONTENTS
- Businesses subject to regulation
- Federal license or permit to carry
- Antiques
- Ammunition covered by the GCA
- Sale of firearms parts
- Making of firearms
- Relief from firearms disabilities
- Alternatives to relief
- Transfers of firearms
- Acquisition of firearms
- Out-of-State purchases of firearms
- Out-of-State purchases of ammunition
- Prohibited persons
- Law enforcement officers subject to restraining orders
- Mailing firearms through the U.S. Postal Service
- Shipment of firearms by common/contract carriers
- Interstate shipment of firearms for sporting purposes
- Transporting firearms interstate as part of a move
- Residency—general
- Residency in more than one State
- Firearm purchases by legal aliens
- Juveniles obtaining firearms
- Curio or relic firearms
- Recordkeeping for private firearms transactions
- Potato guns
C. LICENSING
- Licensing eligibility
- Application procedure
- Locations covered by license
- Dual licensing
- Operations after expiration
- Surrender of records
- What records are to be surrendered
- Successor owner—need for license
- FFL does not provide a State right/privilege to carry
- License to deal at gun shows
- Change in location
- Sales of black powder
D. ATF FORM 4473 - FIREARMS TRANSACTION RECORD
- Form 4473 availability
- Private sales
- Dealer transferring to himself
- Who signs the Form 4473 for the seller
- Means of identification
- Form 4473--when signed
E. RECORDS REQUIRED--LICENSEES
- Bound book
- Multiple bound books
- Bound book--availability
- Approved variances
- Time for entries into bound book
- Ammunition
- Rental firearms
- Sale of personal firearms
- Computer records
F. CONDUCT OF BUSINESS--LICENSEES
- Compliance with State and local laws
- Sales to out-of-State nonlicensees
- Out-of-State sales to law enforcement
- Employees under age 21
- Handguns—reporting multiple sales
- Firearm and ammunition purchasers—age requirements
- “Interchangeable” ammunition purchasers—age requirements
- Verification—licensees' status
- Verification—multi-licensed entity
- Deliveries after license expiration
- License to sell ammunition
- Sales at gun shows
- Sales at out-of-State gun shows
- Mailing firearms through the U.S. Postal Service
- Consignment sales
- Reporting stolen firearms
- Stolen firearms—records
- Distribution of multiple sale forms
- Responses to trace requests
- Written notification on juvenile handgun possession
- Posting signs on juvenile handgun possession
G. COLLECTORS
- Collector's license
- Collector's license limitations
- Collector cannot engage in business
- Dealer’s need for collector’s license
- Form 4473
- Brady law
- Notification and posting signs concerning juvenile handgun possession
- Surrender of records
- Import business not covered by manufacturer’s license
- Firearms not covered by ammunition manufacturer’s license
- Ammunition covered by firearms manufacturer’s license
- Reloaders of ammunition
- Excise taxes
Gunsmithing under a dealer’s license (type 01), or do gunsmiths need to be licensed as “manufacturers” of firearms?
I. GUNSMITHS
- Activity requires license
- Records
- Form 4473
- Immediate repairs
- NFA weapon repair
- Notification and posting signs concerning juvenile handgun possession
- Brady law
J. PAWNBROKERS
- Disposition records
- Form 4473
- Prohibited categories of persons
- Notification and posting signs concerning juvenile handgun possession
- Brady law
K. AUCTIONEERS
M. FIREARMS--NATIONAL FIREARMS ACT (NFA)
- Firearms requiring registration
- Lawful acquisitions
- Tax on making
- Paying tax on making
- Unserviceable NFA firearms
- NFA firearms acquired by police
- Unregistered NFA firearms
- Penalties for unlawful possession
- Disposal of unregistered firearm
- Exemptions from making/transfer tax
- How to qualify to import/manufacture/deal
- Payment—special (occupational) tax
- Special tax generally required for each activity
- Licensed collector—NFA firearms
- Required transfer procedures
- Authorization to make
- Conversion part(s) subject to registration
- Acceptable “law enforcement certifications”
- Absence of duty to sign “law enforcement certification”
- Refusal to sign "law enforcement certification"
- Approval to transfer interstate—when required
- Disapproved application to transfer interstate—options
- Application to transfer prior to receipt not allowed
- Pistol and attachable shoulder stock
- Evidence of registration required
- Status—unloaded grenades, shell casings, etc.
- Status—muzzle-loading cannons
- Status—grenade and rocket launcher attachments
- Definition of "conversion kit"
- Paintball and/or airgun sound suppressors
- Which agency collects the special (occupational) tax from persons who wish to import, manufacture or deal in National Firearms Act (NFA) firearms?
- Who is liable for the tax?
- How is the special tax paid?
- When is the special tax due?
- What are the classes of special tax and the rates?
- What do I get to show I paid the special tax?
- Does payment of the tax qualify me to import, manufacture, or deal in NFA firearms?
- Does a single payment entitle a person to import and manufacture NFA firearms?
- Do I need an Employer Identification Number and, if so, how do I get one?
- What if I change my business structure?
- Can I use a trade name?
- What if I change my address during the tax year?
- How do I claim a refund of special tax paid?
- What is the process for renewing the tax payment for the next Tax Year?
- If I discontinue business as an importer, manufacturer, or dealer in NFA firearms must I dispose of my inventory of NFA firearms?
O. SEMIAUTOMATIC ASSAULT WEAPONS AND LARGE CAPACITY AMMUNITION
FEEDING DEVICES (SAWs and LCAFDs)
- Definition of the semiautomatic assault weapon (SAW) ban
- Duration of SAW ban
- Definition of the Large Capacity Ammunition Feeding Device (LCAFD) ban
- Duration of LCAFD ban
- Records maintenance
- Sale of SAWs and LCAFDs to civilians
- Importation
- Firearm assembly from imported parts
- NFA weapons
- Tribal law enforcement entities
- State law
P. BRADY LAW
- Persons who must comply
- Effective date of permanent Brady law
- FBI operates NICS
- Agencies that perform NICS checks
- States as points of contact for NICS checks
- How to find out if you are in a point of contact State
- Charge for NICS checks
- Enrolling with FBI for access to NICS
- Firearms subject to NICS checks
- Antique firearms
- Transfers between licensees
- Transfers of curios or relics by licensed collectors
- Transfers by licensed dealers to licensed collectors
- Licensees’ sales of personal firearms
- Loan or rental of firearms
- FFL sales at gun shows
- Redemption of pawned firearms
- Pawnbroker’s disposition of pawned firearm when transfer “denied”
- Repeated pawn of same firearm
- NICS checks prior to accepting firearms in pawn
- Completion of Form 4473 on pre-pawn NICS check
- Action of pawnbroker when pre-pawn NICS check results in “denial”
- Action of pawnbroker when pre-pawn NICS check results in “approval”
- Return of repaired firearm; transfer of replacement firearm
- Return of consignment firearm
- Sales to law enforcement officers for official use
- Sales to law enforcement officers for personal use
- Exceptions to requirement to initiate NICS check
- Required steps prior to firearm transfer
- Identification of purchaser
- Non-over-the-counter sales subject to NICS
- Non-over-the-counter sales not subject to NICS
- Social security numbers on Form 4473
- NICS “proceed,” “denied,” “delayed” responses
- “Business day” for purposes of Brady law
- Transfer of firearm after “delayed” NICS response
- Action of licensee after “denied” NICS response
- Advice by licensee to proposed transferee denied by NICS
- How proposed transferee may learn of reasons for “denied” NICS response
- Recording NICS responses on Form 4473
- Action by licensee when no transaction number is provided
- Keeping Form 4473 when proposed transfer does not occur
- When to contact NICS
- Period of time a NICS check is valid
- When the period of validity of NICS check begins to run
- Orders for custom-made firearms
- Multiple firearms transactions
- When transfer may be made if NICS response is “proceed” or “delayed”
- State instant or point of sale checks as alternatives to NICS
- NICS checks after successful appeal of NICS “denial”
- How licensees know whether a permit is an alternative to NICS check
- NICS alternative permits not covering type of firearm being purchased
- NICS alternative permits only valid in State of issuance
- NICS alternative permits must be valid under State law
- State instant check systems
- NICS “proceed” response and State waiting periods
- Compliance with Federal and State waiting periods
- NICS checks for transfers to personal collections
- NICS checks for NFA firearms
- Raffling firearms at organizational events
Q. MISDEMEANOR CRIME OF DOMESTIC VIOLENCE
- Definition of misdemeanor crime of domestic violence
- Effective date of disability
- Constitutionality of disability
- No requirement to be called a “domestic violence” offense
- Example of conviction before effective date
- Applicable law to determine if “convicted”
- What State and local offenses are misdemeanors
- Convictions of local criminal ordinances
- Relationship not required “element” of predicate crime
- Effect of deferred adjudication
- Action by convicted licensees
- Action by convicted individuals
- Application to law enforcement officers
- Pardons, expungements, set asides, and civil rights restoration
- Purchase and possession of firearms and ammunition
- Definition of “nonimmigrant aliens”
- Waiver
- Concealed weapons permit
- Definition of alien or admission number
- Pre-1998 acquisition of firearms and ammunition.
- Permanent resident aliens (“green card” holders)
- Use of a State hunting license to claim exemption in a different State
- Purchasing firearms in U.S. to take to home country using hunting license and alien/admission number
- Purchasing firearms in U.S. to take to home country without hunting license or alien/admission number
- Canadians and alien/admission number
- Getting an alien/admission number once you already are in the U.S.
- Temporary import permits for hunting and other lawful sporting purposes
- Required forms for temporary import for hunting or other lawful sporting purposes
- Necessity for Form 6 NIA
- Documentation required to accompany Form 6 NIA applications
- Documentation required upon entry to U.S
- Documentation required upon entry to U.S. (Part 2)
- Approval time for Form 6 NIA applications
- Number of firearms/ammunition that can be listed on Form 6 NIA
- Who may fill out and submit a Form 6 NIA application
- Submission of Form 6 NIA applications via facsimile (fax)
- ATF Form 6A
- Multiple hunting trips to U.S. in the same year
- Multiple competitive U.S. sporting events in same year
- Individual Form 6 NIA applications for group hunting trip
- Finding out if a U.S. sporting event qualifies for import permit exception
- Import permit requirements for antique firearms
- Restrictions on types of firearms that may be temporarily imported for hunting or shooting competitions in U.S.
- Leaving firearms with relatives in the U.S. after receiving a temporary import permit
- Leaving firearms with an FFL in the U.S. after receiving a temporary import permit
- No export permit required after receiving temporary import permit
- Renting firearms while in the U.S. for sporting purposes
- Temporary import permit requirements for U.S. citizens living abroad
- Canadian citizens traveling through the U.S. to get to another part of Canada
- Permit requirements for returning to the U.S. with firearms legally purchased in the U.S.
- Import permit requirements for Canadian law enforcement officers attending U.S. sporting competitions
FFL Newsletter FAQs
Q. Are the instructions attached to the ATF Form 4473 (Firearms Transaction Record) required to be maintained with the Form 4473 as part of a licensees permanent firearms records?
A. Yes. Because the instructions are part of the Form 4473, they must be maintained for at least 20 years.
Q. When should the ATF Form 3310.4, Report of Multiple Sale or Other Disposition of Pistols and Revolvers, be filed? In some states with waiting periods, like California, dealers are submitting the Form 3310.4 prior to transferring the firearms.
A. A licensee shall prepare and submit the Form 3310.4 whenever the licensee sells or otherwise disposes of, at one time or during any five consecutive business days, two or more pistols, or revolvers, or any combination or pistols and revolvers totaling two or more, to an unlicensed person. The form should be executed when the firearms are actually delivered to the transferee.
Q. Is a Form 4473 and a NICS background check required for a corporate officer of an FFL who is acquiring a firearm for his or her own personal use?
A. Yes, generally, a Form 4473 and a background check is required when a corporate FFL transfers a firearm to one of its officers for his or her personal use. See 18 U.S.C. § 922(t) (3) for applicable exceptions.
Q. Is a signature required each time a firearm is delivered by a shipper/common carrier or is a signature of the FFL maintained on file by the shipper an acceptable alternative?
A. A signature is required each time a firearm is delivered by a common or contract carrier to verify the acknowledgement of the receipt of the firearm.
Q. Is the Savage model 10ML rifle which has the characteristics of both a modern firearm and a muzzleloader regulated under the Gun Control Act?
A. ATF has classified the Savage model 10ML as a rifle that would fall under the purview of the Gun Control Act. For additional information about the classification of this firearm or any other firearm, you should contact the Firearms Technology Branch at (202) 927-7910.
Q. Are all Federal agencies exempt from the excise tax on firearms and ammunition?
A. No, the Department of Defense and the U.S. Coast Guard are the only Federal agencies exempt from the excise tax requirements for firearms and ammunition.Therefore, the sale of firearms and ammunition to any agency of the federal government, other than to the Department of Defense or U.S. Coast Guard, is subject to Federal excise tax requirements. For additional information regarding Federal excise tax requirements, you should contact the National Revenue Center at 1-( 800) 398-2282 or at (513) 684-2979.
Q. If a licensee gets a delayed response on a NICS background check and there is no additional response from the FBI or their state point of contact, is a licensee required to transfer a firearm after 3 business days have elapsed?
A. No, under the Gun Control Act, a licensee may, but is not required to, transfer a firearm after 3 business days have elapsed since they received the initial delayed response on a NICS background check.
Q. Is a single monthly utility bill sufficient to establish proof that an alien has resided in a state for the 90-day residency requirement to purchase a firearm?
A. No, the alien should provide at least one utility bill per month to verify residence for the past 90 days. This would also apply to mail that is used as proof of residency. The mail should reflect that the alien purchaser is a current resident and prove that the alien has lived at that residence for at least 90 days.
Q. Are aliens authorized to possess ammunition in the United States?
A. An alien who is in the United States as a permanent resident alien is authorized to possess ammunition in the United States provided he or she is not otherwise prohibited from possessing it under the Gun Control Act. An alien who is in the United States in a nonimmigrant alien status is generally prohibited from possessing ammunition unless he or she qualifies under one of the exceptions contained in the Gun Control Act as outlined in 18 U.S.C. § 922(y) (2), or has a Waiver from the Attorney General as outlined in 18 U.S.C. § 922(y) (3).
Q. Can a licensed collector sell a curio or relic shotgun or rifle to an out-of-state resident?
A. Yes, a licensed collector is specifically authorized to sell a curio or relic shotgun or rifle to a nonlicensed resident of another state so long as the purchaser meets with the licensee in person to accomplish the transfer, sale, and delivery of the rifle or shotgun. The sale, delivery, and receipt the rifle or shotgun must fully comply with the legal conditions of sale in both such states.
Q. Is there anything dealers can do to expedite the processing of NICS background checks?
A. Yes, if a background check is not initially approved, dealers should wait at least 2 hours before calling back to check on the status of that check. This will help avoid tying up the system. In addition, if a dealer who is a sole proprietor is transferring a firearm to themselves, they are not required to conduct a background check and they should not contact the FBI NICS Center to conduct a check on themselves.
Q. Is a Form 4473 required for an individual who leaves a firearm with an FFL for an appraisal of the value of the firearm?
A. No, we would consider this like a gunsmith transaction and a Form 4473 would not be required when the firearm is picked up by the individual. In addition, if the licensee has possession of the firearm from one business day to another or longer, the firearm would need to be recorded as an acquisition and a disposition in the bound book record.