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Frequently Asked Questions
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.