October 31, 2001

OPEN LETTER TO ALL FEDERAL FIREARMS LICENSEES

The Bureau of Alcohol, Tobacco and Firearms (ATF) is in the process of implementing the provisions of Public Law 105-277, Omnibus Consolidated and Emergency Appropriations Act, 1999, relating to firearms disabilities for nonimmigrant aliens. The purpose of this letter is to briefly explain pertinent provisions of this law and to provide you with advance notice of a change that will directly affect Federal firearms licensees (FFLs).

As we have informed you in previous open letters, Public Law 105-277 amended the Gun Control Act of 1968 (GCA) by prohibiting, with certain exceptions, the transfer to and possession of firearms and ammunition by aliens in the United States in a nonimmigrant classification. The most common exception is for a nonimmigrant alien with a valid hunting license or permit lawfully issued in the United States. In large part, nonimmigrant aliens include persons traveling temporarily to the United States for business or pleasure, persons studying in the United States who maintain a residence abroad, and certain foreign workers. The definition does not include permanent resident aliens.

In our efforts to implement these provisions, ATF has found it necessary to make significant revisions to ATF Form 4473, Firearms Transaction Record Part I - Over-the-Counter. Once the new ATF Form 4473 is in print, ATF will automatically send an initial supply of the new forms to each licensee. Our mailing also will include an open letter that will explain the main revisions to Form 4473 in greater detail. Further, we will include an order form for you to request additional copies of the revised form from the ATF Distribution Center.

Please note that no action is required by you at this time. Should you have any questions regarding this letter, please contact the Firearms Programs Division at (202) 927-7770.

Sincerely yours,


John P. Malone
Assistant Director
(Firearms, Explosives and Arson)