Firearms

Firearms Info

Firearms art

Frequently Asked Questions

QUESTIONS AND ANSWERS TABLE OF CONTENTS

A. GENERAL QUESTIONS

  1. Businesses subject to regulation
  2. Federal license or permit to carry
  3. Antiques
  4. Ammunition covered by the GCA
  5. Sale of firearms parts
  6. Making of firearms
  7. Relief from firearms disabilities
  8. Alternatives to relief

B. UNLICENSED PERSONS

  1. Transfers of firearms
  2. Acquisition of firearms
  3. Out-of-State purchases of firearms
  4. Out-of-State purchases of ammunition
  5. Prohibited persons
  6. Law enforcement officers subject to restraining orders
  7. Mailing firearms through the U.S. Postal Service
  8. Shipment of firearms by common/contract carriers
  9. Interstate shipment of firearms for sporting purposes
  10. Transporting firearms interstate as part of a move
  11. Residency—general
  12. Residency in more than one State
  13. Firearm purchases by legal aliens
  14. Juveniles obtaining firearms
  15. Curio or relic firearms
  16. Recordkeeping for private firearms transactions
  17. Potato guns

C. LICENSING

  1. Licensing eligibility
  2. Application procedure
  3. Locations covered by license
  4. Dual licensing
  5. Operations after expiration
  6. Surrender of records
  7. What records are to be surrendered
  8. Successor owner—need for license
  9. FFL does not provide a State right/privilege to carry
  10. License to deal at gun shows
  11. Change in location
  12. Sales of black powder

D. ATF FORM 4473 - FIREARMS TRANSACTION RECORD

  1. Form 4473 availability
  2. Private sales
  3. Dealer transferring to himself
  4. Who signs the Form 4473 for the seller
  5. Means of identification
  6. Form 4473--when signed

E. RECORDS REQUIRED--LICENSEES

  1. Bound book
  2. Multiple bound books
  3. Bound book--availability
  4. Approved variances
  5. Time for entries into bound book
  6. Ammunition
  7. Rental firearms
  8. Sale of personal firearms
  9. Computer records

F. CONDUCT OF BUSINESS--LICENSEES

  1. Compliance with State and local laws
  2. Sales to out-of-State nonlicensees
  3. Out-of-State sales to law enforcement
  4. Employees under age 21
  5. Handguns—reporting multiple sales
  6. Firearm and ammunition purchasers—age requirements
  7. “Interchangeable” ammunition purchasers—age requirements
  8. Verification—licensees' status
  9. Verification—multi-licensed entity
  10. Deliveries after license expiration
  11. License to sell ammunition
  12. Sales at gun shows
  13. Sales at out-of-State gun shows
  14. Mailing firearms through the U.S. Postal Service
  15. Consignment sales
  16. Reporting stolen firearms
  17. Stolen firearms—records
  18. Distribution of multiple sale forms
  19. Responses to trace requests
  20. Written notification on juvenile handgun possession
  21. Posting signs on juvenile handgun possession

G. COLLECTORS

  1. Collector's license
  2. Collector's license limitations
  3. Collector cannot engage in business
  4. Dealer’s need for collector’s license
  5. Form 4473
  6. Brady law
  7. Notification and posting signs concerning juvenile handgun possession
  8. Surrender of records

H. MANUFACTURERS

  1. Import business not covered by manufacturer’s license
  2. Firearms not covered by ammunition manufacturer’s license
  3. Ammunition covered by firearms manufacturer’s license
  4. Reloaders of ammunition
  5. Excise taxes
    Gunsmithing under a dealer’s license (type 01), or do gunsmiths need to be licensed as “manufacturers” of firearms?

I. GUNSMITHS

  1. Activity requires license
  2. Records
  3. Form 4473
  4. Immediate repairs
  5. NFA weapon repair
  6. Notification and posting signs concerning juvenile handgun possession
  7. Brady law

J. PAWNBROKERS

  1. Disposition records
  2. Form 4473
  3. Prohibited categories of persons
  4. Notification and posting signs concerning juvenile handgun possession
  5. Brady law

K. AUCTIONEERS

  1. License requirements
  2. Location of sales

L. IMPORTING AND EXPORTING

  1. Importation by licensed dealers
  2. Exportation
  3. Regulation of gas masks
  4. Resale of imported gas masks

M. FIREARMS--NATIONAL FIREARMS ACT (NFA)

  1. Firearms requiring registration
  2. Lawful acquisitions
  3. Tax on making
  4. Paying tax on making
  5. Unserviceable NFA firearms
  6. NFA firearms acquired by police
  7. Unregistered NFA firearms
  8. Penalties for unlawful possession
  9. Disposal of unregistered firearm
  10. Exemptions from making/transfer tax
  11. How to qualify to import/manufacture/deal
  12. Payment—special (occupational) tax
  13. Special tax generally required for each activity
  14. Licensed collector—NFA firearms
  15. Required transfer procedures
  16. Authorization to make
  17. Conversion part(s) subject to registration
  18. Acceptable “law enforcement certifications”
  19. Absence of duty to sign “law enforcement certification”
  20. Refusal to sign "law enforcement certification"
  21. Approval to transfer interstate—when required
  22. Disapproved application to transfer interstate—options
  23. Application to transfer prior to receipt not allowed
  24. Pistol and attachable shoulder stock
  25. Evidence of registration required
  26. Status—unloaded grenades, shell casings, etc.
  27. Status—muzzle-loading cannons
  28. Status—grenade and rocket launcher attachments
  29. Definition of "conversion kit"
  30. Paintball and/or airgun sound suppressors
  31. Which agency collects the special (occupational) tax from persons who wish to import, manufacture or deal in National Firearms Act (NFA) firearms?
  32. Who is liable for the tax?
  33. How is the special tax paid?
  34. When is the special tax due?
  35. What are the classes of special tax and the rates?
  36. What do I get to show I paid the special tax?
  37. Does payment of the tax qualify me to import, manufacture, or deal in NFA firearms?
  38. Does a single payment entitle a person to import and manufacture NFA firearms?
  39. Do I need an Employer Identification Number and, if so, how do I get one?
  40. What if I change my business structure?
  41. Can I use a trade name?
  42. What if I change my address during the tax year?
  43. How do I claim a refund of special tax paid?
  44. What is the process for renewing the tax payment for the next Tax Year?
  45. If I discontinue business as an importer, manufacturer, or dealer in NFA firearms must I dispose of my inventory of NFA firearms?

N. MACHINE GUNS - NFA

  1. Manufacture by unlicensed person
  2. Transfers by registered owners

O. SEMIAUTOMATIC ASSAULT WEAPONS AND LARGE CAPACITY AMMUNITION
FEEDING DEVICES (SAWs and LCAFDs)

  1. Definition of the semiautomatic assault weapon (SAW) ban
  2. Duration of SAW ban
  3. Definition of the Large Capacity Ammunition Feeding Device (LCAFD) ban
  4. Duration of LCAFD ban
  5. Records maintenance
  6. Sale of SAWs and LCAFDs to civilians
  7. Importation
  8. Firearm assembly from imported parts
  9. NFA weapons
  10. Tribal law enforcement entities
  11. State law

P. BRADY LAW

  1. Persons who must comply
  2. Effective date of permanent Brady law
  3. FBI operates NICS
  4. Agencies that perform NICS checks
  5. States as points of contact for NICS checks
  6. How to find out if you are in a point of contact State
  7. Charge for NICS checks
  8. Enrolling with FBI for access to NICS
  9. Firearms subject to NICS checks
  10. Antique firearms
  11. Transfers between licensees
  12. Transfers of curios or relics by licensed collectors
  13. Transfers by licensed dealers to licensed collectors
  14. Licensees’ sales of personal firearms
  15. Loan or rental of firearms
  16. FFL sales at gun shows
  17. Redemption of pawned firearms
  18. Pawnbroker’s disposition of pawned firearm when transfer “denied”
  19. Repeated pawn of same firearm
  20. NICS checks prior to accepting firearms in pawn
  21. Completion of Form 4473 on pre-pawn NICS check
  22. Action of pawnbroker when pre-pawn NICS check results in “denial”
  23. Action of pawnbroker when pre-pawn NICS check results in “approval”
  24. Return of repaired firearm; transfer of replacement firearm
  25. Return of consignment firearm
  26. Sales to law enforcement officers for official use
  27. Sales to law enforcement officers for personal use
  28. Exceptions to requirement to initiate NICS check
  29. Required steps prior to firearm transfer
  30. Identification of purchaser
  31. Non-over-the-counter sales subject to NICS
  32. Non-over-the-counter sales not subject to NICS
  33. Social security numbers on Form 4473
  34. NICS “proceed,” “denied,” “delayed” responses
  35. “Business day” for purposes of Brady law
  36. Transfer of firearm after “delayed” NICS response
  37. Action of licensee after “denied” NICS response
  38. Advice by licensee to proposed transferee denied by NICS
  39. How proposed transferee may learn of reasons for “denied” NICS response
  40. Recording NICS responses on Form 4473
  41. Action by licensee when no transaction number is provided
  42. Keeping Form 4473 when proposed transfer does not occur
  43. When to contact NICS
  44. Period of time a NICS check is valid
  45. When the period of validity of NICS check begins to run
  46. Orders for custom-made firearms
  47. Multiple firearms transactions
  48. When transfer may be made if NICS response is “proceed” or “delayed”
  49. State instant or point of sale checks as alternatives to NICS
  50. NICS checks after successful appeal of NICS “denial”
  51. How licensees know whether a permit is an alternative to NICS check
  52. NICS alternative permits not covering type of firearm being purchased
  53. NICS alternative permits only valid in State of issuance
  54. NICS alternative permits must be valid under State law
  55. State instant check systems
  56. NICS “proceed” response and State waiting periods
  57. Compliance with Federal and State waiting periods
  58. NICS checks for transfers to personal collections
  59. NICS checks for NFA firearms
  60. Raffling firearms at organizational events

Q. MISDEMEANOR CRIME OF DOMESTIC VIOLENCE

  1. Definition of misdemeanor crime of domestic violence
  2. Effective date of disability
  3. Constitutionality of disability
  4. No requirement to be called a “domestic violence” offense
  5. Example of conviction before effective date
  6. Applicable law to determine if “convicted”
  7. What State and local offenses are misdemeanors
  8. Convictions of local criminal ordinances
  9. Relationship not required “element” of predicate crime
  10. Effect of deferred adjudication
  11. Action by convicted licensees
  12. Action by convicted individuals
  13. Application to law enforcement officers
  14. Pardons, expungements, set asides, and civil rights restoration

R. NONIMMIGRANT ALIENS

  1. Purchase and possession of firearms and ammunition
  2. Definition of “nonimmigrant aliens”
  3. Waiver
  4. Concealed weapons permit
  5. Definition of alien or admission number
  6. Pre-1998 acquisition of firearms and ammunition.
  7. Permanent resident aliens (“green card” holders)
  8. Use of a State hunting license to claim exemption in a different State
  9. Purchasing firearms in U.S. to take to home country using hunting license and alien/admission number
  10. Purchasing firearms in U.S. to take to home country without hunting license or alien/admission number
  11. Canadians and alien/admission number
  12. Getting an alien/admission number once you already are in the U.S.
  13. Temporary import permits for hunting and other lawful sporting purposes
  14. Required forms for temporary import for hunting or other lawful sporting purposes
  15. Necessity for Form 6 NIA
  16. Documentation required to accompany Form 6 NIA applications
  17. Documentation required upon entry to U.S
  18. Documentation required upon entry to U.S. (Part 2)
  19. Approval time for Form 6 NIA applications
  20. Number of firearms/ammunition that can be listed on Form 6 NIA
  21. Who may fill out and submit a Form 6 NIA application
  22. Submission of Form 6 NIA applications via facsimile (fax)
  23. ATF Form 6A
  24. Multiple hunting trips to U.S. in the same year
  25. Multiple competitive U.S. sporting events in same year
  26. Individual Form 6 NIA applications for group hunting trip
  27. Finding out if a U.S. sporting event qualifies for import permit exception
  28. Import permit requirements for antique firearms
  29. Restrictions on types of firearms that may be temporarily imported for hunting or shooting competitions in U.S.
  30. Leaving firearms with relatives in the U.S. after receiving a temporary import permit
  31. Leaving firearms with an FFL in the U.S. after receiving a temporary import permit
  32. No export permit required after receiving temporary import permit
  33. Renting firearms while in the U.S. for sporting purposes
  34. Temporary import permit requirements for U.S. citizens living abroad
  35. Canadian citizens traveling through the U.S. to get to another part of Canada
  36. Permit requirements for returning to the U.S. with firearms legally purchased in the U.S.
  37. 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.