SHOT Show Q&A

ITEMS OF INTEREST FROM THE 2006 SHOT SHOW
LAS VEGAS, NEVADA

The following items of interest were issues that were brought to the attention of ATF during the 2006 Shot Show. 

(Q1):         Does a Federal firearms licensee (FFL) have to enter a replacement firearm into their acquisition and disposition (A&D) book?

(A1):          When an FFL receives a replacement firearm from a supplier in exchange for a firearm that could not be repaired, the firearm should be entered into the FFL's A&D book.  The firearm can then be shipped to the purchaser.  No ATF Form 4473 is required. 

18 U.S.C. § 922(a)(2)(A)

(Q2):         If the purchaser answered no to question 11.l (Are you a nonimmigrant alien?) on the ATF Form 4473, can they leave question 12 blank?

(A2):          Yes.

(Q3):         After what period of time must a firearm retained by a gunsmith be entered into their acquisition and disposition book?

(A3):          If the gunsmith has possession of the firearm from one business day to another or longer, the firearm must be recorded as an “acquisition” and a “disposition” in the permanent “bound book” record.  If the firearm is returned to the person from whom it was received, an ATF Form 4473 is not required.

(Q4):         Can an FFL have more than one A&D book?

(A4):          Yes, an FFL can have more than one A&D book without first receiving a variance from ATF.  It is advised that the A&D book is clearly marked to indicate the category of firearms included in the particular A&D book. (e.g., repairs, consignments, handguns, longguns).  If an FFL would like to keep computerized records, a variance from ATF is required pursuant to 27 CFR § 478.22.  FFLs should contact their local area office for instructions on how to request a variance.

(Q5):         Are tribal police located on Indian reservations considered a department or agency of any State, the United States, or political subdivision and therefore exempt from the provisions of the Gun Control Act pursuant to 18 U.S.C. § 925(a)(1)?

(A5):          Unless a member of a tribal police department has been cross-designated by the Bureau of Indian Affairs as a law enforcement officer, the exemption found at 18 U.S.C. § 925(a)(1) does not apply.  Therefore, if a cross-designation has not been granted, the tribal police department may not receive firearms in interstate commerce nor may they possess post-1986 machineguns. 

                  Example:  The tribal police department located in State A orders firearms from an FFL in State B.  The tribal police have not been cross-designated by the Bureau of Indian Affairs.  The FFL in State B cannot ship the firearms directly to the tribal police department in State A.  Instead, the firearms must be sent to an FFL in State A for transfer to the tribal police department.  The tribal police must complete an ATF Form 4473, and a NICS check must be conducted.  Additionally, if appropriate, a multiple sales form must be completed.

(Q6):         Can a non-licensee transfer a handgun to a juvenile for use at a shooting range?

(A6):          It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile any handgun or ammunition for a handgun.  A juvenile is defined as someone under 18 years of age.  However, this subsection does not apply to the temporary transfer, possession, and use of a handgun or ammunition to a juvenile for target practice or hunting.  The juvenile must first have prior written consent from a non-prohibited parent or guardian, which must be in their possession at all times while in possession of the handgun.  During transportation by the juvenile, the handgun must be unloaded and locked in a container.

18 U.S.C. § 922(x)(3)

(Q7):         May an FFL transfer a handgun and/or ammunition to a juvenile for use at an on-premises shooting range?

(A7):          ATF has ruled that the rental of firearms for use on their business premises is not considered to be a “delivery or sale” of the firearms.  Thus, it is not subject to the age restrictions of the Gun Control Act.  The same reasoning is also applied to ammunition to be expended on the licensed premises in connection with the rented firearm.  In this instance, prior written consent from a non-prohibited parent or guardian is not required. 

(Q8):         May an FFL transfer a handgun and/or ammunition to a juvenile for use at an off-premises shooting range?

(A8):          A licensee may lend or rent a firearm to any person for temporary use off the premises of the licensee for lawful sporting purposes, provided that:  1) the delivery of the handgun and/or ammunition is not to someone under the age of 21 years; and 2) if a rifle or shotgun or ammunition for either is not less than 18 years of age.

18 U.S.C. § 922(b)(1); 27 CFR §478.99(b)

(Q9):         What must an FFL do when he/she receives a firearm for storage?

(A9):          If an FFL has dominion and control over the storage locker, whether by key, lock combination, or some other means, the FFL must treat the firearm as an acquisition.  Therefore, the firearm will be entered into the A&D book as an acquisition.  When the firearm is being permanently removed from storage, the FFL will then log the firearm out as a disposition.  At that time, an ATF Form 4473 and a NICS check must be completed.

If the FFL has no dominion and control over the storage locker, then the FFL does not have to enter the firearm into his or her A&D book nor does the ATF Form 4473 need to be completed.

(Q10):       Is an FFL in violation of the Gun Free School Zone if their business premises are located near a school?

(A10):        Generally, it is unlawful for any individual to knowingly possess a firearm within a school zone.  A school zone is defined as being within a distance of 1,000 feet from the grounds of a public, parochial, or private school.  This prohibition does not apply to the possession of a firearm on private property not part of school grounds, such as an FFL's business premises (e.g., commercial storefront, residence, or driveway). 

Once a customer leaves private property located within 1,000 feet of a school with a firearm, they may be in violation of Federal law.  However, in the following situations an individual would not be possessing a firearm in violation of 922(q)(A):

1.      The individual is licensed by the State or political subdivision to possess the firearm, and the license was issued after law enforcement officials verified that the individual is qualified to receive the license;

2.      The firearm is unloaded and is contained within a locked container or a locked firearms rack that is on a motor vehicle;

3.      The firearm is possessed by an individual for use in a school-approved program;

4.      The individual or his/her employer is doing so in accordance with a contract entered into between the individual and the school;

5.      The individual is a law enforcement officer acting in their official capacity; or

6.      The individual is crossing school grounds to reach a public or private way.  Their firearm is unloaded, and they have permission from the school.

ATF realizes that not all persons who enter or exit an FFL's premises in such case may fall under one of the above-described statutory exemptions. Therefore, ATF advises that in those States where a permit is not needed, the FFL should ensure that a purchaser's firearm is unloaded and placed in a locked container prior to leaving the business premises.

18 U.S.C. § 922(q)(B)