(a)
Background check.
Except as provided in paragraph (d) of this section, a licensed importer, licensed manufacturer, or licensed dealer (the licensee) shall not sell, deliver, or transfer a firearm to any other person who is not licensed under this part unless the licensee meets the following requirements:
No. Because weapons that meet the definition of an “antique firearm” are not firearms subject to the Gun Control Act, licensees need not conduct a background check when transferring an antique firearm.[18 U.S.C. 921(a)(3), 921(a)(16), 922(t); 27 CFR 478.11 and 478.102]
A different firearm purchased by the same transferee/buyer may not be added to the Form 4473 after the transferor/seller has signed and dated the form. A transferee/buyer who wishes to acquire a different firearm after the transferor/seller has signed and dated the form must complete a new ATF Form 4473 and undergo a new National Instant Criminal Background Check System (NICS) check.A federal firearms licensee (FFL) may amend Section A of the Form 4473 if the transferee/buyer decides to buy a different firearm than was initially recorded in Section A, provided the transferor/seller has not signed and dated the form.[27 CFR 478.102(c) and 478.21]
Additional firearms purchased by the same transferee/buyer may not be added to the Form 4473 after the transferor/seller has signed and dated the form.A transferee/buyer who wishes to acquire additional firearms after the transferor/seller has signed and dated the form must complete a new Form 4473 and undergo a new National Instant Criminal Background Check System (NICS) check.Additional firearms purchased by the same transferee/buyer may only be added to the Form 4473 as part of a single transaction provided the transaction is conducted no more than 30 calendar days from the date the federal firearms licensee (FFL) initially contacted NICS, and the transferor/seller has not signed and dated the Form 4473.[27 CFR 478.102(c) and 478.21]
No. However, licensed manufacturers, importers and dealers who transfer a curio or relic firearm must conduct a NICS background check prior to transfer to a nonlicensee.[18 U.S.C. 922(t); 27 CFR 478.102]
If the firearm is loaned or rented for use on the licensee’s premises, a background check is not required. However, if the firearm is loaned or rented for use off the premises, the licensee must conduct a background check prior to the transfer of the firearm.[18 U.S.C. 922(t); 27 CFR 478.102 and 478.124]
If the licensee receives a “denied” response at any time prior to the transfer of the firearm, the licensee may not transfer the firearm.If the FBI provides a “denied” response after the third business day, and the firearm has already been transferred, the licensee should notify the NICS Section by phone at 1-877-FBI-NICS (324-6427) or by email at nics_upeg@fbi.gov.[18 U.S.C. 922(d); 27 CFR 478.99(c)]
Yes. Item 26.b. on Form 4473 (formerly item 18.b. on the 2016 Form 4473) is used in instances where a single government-issued identification document is not endorsed with the transferee’s full legal name and/or current residence address as recorded in items 9 and 10, respectively, and the transferee presents a combination of valid government-issued documents satisfy the identification document requirement.An example of this may include an individual who recently changed his/her name due to a change in marital status. ATF Ruling 2001-5 states that federal firearms licensees (FFLs) may accept a combination of valid government-issued documents to satisfy the identification document requirements of the Brady Act. The required valid government-issued photo identification document bearing the name, photograph, and date of birth of the transferee may be supplemented by another valid, government-issued document showing the transferee's residence address or full legal name.These supplemental documents must be issued by a government entity. Documents that will typically meet these requirements include a tax bill, vehicle registration, and voter identification card.Documents issued by private companies or individuals (rental documents, leases, cable bills, phone bills, credit card bills, bank documents, etc.) may not be used as supplemental identification documents for the purchase or acquisition of a firearm.[18 U.S.C. 922(t)(1)(C), 27 CFR 478.102(a)(3) and 478.124(c)(3)(i)]
Licensed firearms importers, manufacturers, and dealers must conduct a NICS background check prior to the transfer of any firearm to a nonlicensed individual.[18 U.S.C. 922(t); 27 CFR 478.102]
Yes. Licensed manufacturers, importers, and dealers must conduct a background check for the transfer of all firearms subject to the Gun Control Act.[18 U.S.C. 922(t); 27 CFR 478.102]
Federal law prohibits the transfer of a firearm to a person who has been denied by NICS.Although federal firearms licensees (FFLs) are not required to contact ATF in this situation, we strongly encourage you to contact your local ATF office if this occurs rather than take any further action such as transferring the firearm to a third party. Because the person redeeming the firearm was denied by NICS at the time of redemption, he or she may be a felon or other “prohibited person” and would be possessing the firearm in violation of 18 U.S.C. § 922(g) at the time the firearm was pawned. Depending on the reason(s) for the firearms prohibition, ATF may want to seize the firearm and/or take legal action.If you contact your local ATF office, someone will get back to you as soon as possible to let you know what steps ATF will pursue. If ATF informs you that it is not going to take any further action, federal law does not prohibit you from transferring the pawned firearm to a third party if the third party completes a Form 4473 and NICS does not issue a denial within three business days.Of course, a transaction involving third parties would violate federal law if the latter were “straw purchasers” not actually obtaining or redeeming the firearm for themselves but acting as a conduit to return the firearm to the owner or another person Accordingly, we encourage you to ask the third party whether he or she intends to maintain possession of and control over the firearm.If you have reason to believe the third party is a straw purchaser who actually is obtaining the firearm for the prohibited person, you may not transfer the firearm to that person. However, if you have no reason to believe the third party is a straw purchaser (and the person is not otherwise prohibited from possessing and receiving firearms), you may transfer it under federal law.ATF Form 4473, Firearms Transaction Record, contains a general instruction stating that FFLs can include any information on the form that is relevant to the transaction. Accordingly, you may add a statement to the Form 4473 indicating that you warned the third party who received the firearm about straw purchasing; you may also have the third party sign the statement. However, licensees are not required to include such a statement, and the statement will not necessarily protect you from prosecution.Finally, you always should make sure transferring the firearm to a third party does not violate state or local law.[18 U.S.C. 922(d) and (t)]
Yes. The fact that the transferee has redeemed the firearm before does not excuse the pawnbroker from conducting a background check for each separate transaction.[18 U.S.C. 922(t); 27 CFR 478.102]
Yes. In such transactions, the law enforcement official is treated no differently from any other unlicensed transferee, and a NICS background check must be conducted.[18 U.S.C. 922(t) and 925(a)(1)]
Firearm transfers are exempt from the requirement for a NICS background check in three situations:Transfers to transferees who have a state permit that has been recognized by ATF as an alternative to a NICS check;Transfers of National Firearms Act weapons to persons approved by ATF; andTransfers certified by ATF as exempt because compliance with the NICS background check requirement is impracticable.[18 U.S.C. 922(t); 27 CFR 478.102(d)]
The firearm may be transferred on the following Wednesday, as the 3 business days do not include the day the NICS check is initiated.Assuming state offices are open on Friday, Monday and Tuesday, and closed on Saturday and Sunday, the 3 business days will have elapsed at the end of Tuesday. Therefore, the licensee may transfer the firearm at the start of business on Wednesday.
The licensee should inform the transferee that the NICS check indicates that the transfer of the firearm should not be made; however, the system does not provide a reason for the denial.The licensee should also provide the transferee with:Name and address of the denying agencyNICS or state transaction numberBrochure or information from the FBI or state POC outlining the transferee’s appeal rights and responsibilitiesThe FBI appeal brochure is available through the FBI NICS section, and more information is available on their NICS Appeals and VAF webpage.[28 CFR 25.10]
Yes. Although the licensee will not know the reason for the denial, the transferee may contact the FBI NICS section or the state point of contact in writing to request the reason for denial.[28 CFR 25.10]
Licensees should contact NICS after the transferor/seller has completed Section A and the transferee/buyer has completed Section B of the Form 4473.[27 CFR 478.124]
A NICS check is valid for 30 calendar days, for use in a single transaction. The 30-calendar day period is counted beginning on the day after NICS was initially contacted.Where more than 30 calendar days have passed since the licensee first contacted NICS, the licensee must initiate a new NICS check prior to transferring the firearm. It is not necessary to complete a new ATF Form 4473, but the results of the new NICS background check must be recorded on the form.Example 1A NICS check is initiated on May 15. The licensee receives a “proceed” from NICS. The transferee does not return to pick up the firearm until June 22 of the same year.The licensee must conduct another NICS check before transferring the firearm to the transferee.Example 2A NICS check is initiated on May 15. The licensee receives a “delayed” response from NICS; no further response is received. The transferee does not return to pick up the firearm until June 16 of the same year.The licensee must conduct another NICS check before transferring the firearm to the transferee.[27 CFR 478.102]
No. A licensee must initiate a new NICS background check for each completed firearms transaction. However, a person may purchase or acquire several firearms in one transaction.Example 1A transferee completes an ATF Form 4473 for a single firearm on February 15. The licensee receives a “proceed” from NICS that day. The licensee signs the form, and the firearm is transferred. On February 20, the transferee returns to the licensee’s premises and wishes to acquire a second firearm.The acquisition of the second firearm is a separate transaction. Therefore, a new NICS check must be initiated by the licensee.Example 2A transferee completes ATF Form 4473 for a single firearm on February 15. The licensee receives a “proceed” from NICS that day. The transferee does not return to pick up the firearm until February 20. Before the licensee completes the transfer of the first firearm, the transferee decides to acquire an additional firearm. The second firearm may be recorded on the same Form 4473.The acquisition of the two firearms is considered a single transaction. Therefore, the licensee is not required to conduct a new NICS check prior to transferring the second firearm.
A licensee may transfer a firearm to a transferee as soon as he or she receives a “proceed” from NICS (assuming that the transaction would be in compliance with state law).However, if the licensee does not receive a final “proceed” or “denied” response from NICS, he or she must wait until 3 business days have elapsed prior to transferring the firearm.[18 U.S.C. 922(t); 27 CFR 478.102(a)(2)]
No. A permit qualifies as a NICS alternative only if it was issued by the state in which the transfer is to take place.[18 U.S.C. 922(t); 27 CFR 478.102(d)]
Yes. Compliance with federal background check provisions does not excuse a licensee from compliance with state law, and vice versa. Licensees must follow state law waiting periods.Example 1State X is acting as a point of contact for NICS checks. State law requires the licensee to wait 10 days, rather than 3 days, for a response to the background check prior to transferring a firearm.Because state law provides a 10 day period before a licensee may transfer a firearm, the licensee may not transfer the firearm until 10 days have elapsed since conducting the background check.Example 2State X is acting as a point of contact for NICS checks. State law allows a licensee to transfer a firearm 24 hours after conducting a NICS check and receiving a “delayed” response.However, the licensee must comply with federal law which requires the licensee wait 3 business days prior to transferring a firearm, if the licensee has not received notice that the transfer would be prohibited.Example 3The law of State X provides for a 5 day waiting period before a handgun may be transferred by a licensee. An individual completes an ATF Form 4473 for the purchase of a handgun, a NICS check is conducted, and a “proceed” response is given by NICS.Although the licensee received a “proceed” response, the licensee must comply with the state waiting period, and the licensee may not transfer the firearm until the state's 5 day waiting period has elapsed.[18 U.S.C. 922(b)(2)]
(1) Prior to making an over-the-counter transfer of a firearm to a non-licensee who is a resident of the State in which the licensee's business premises is located, the licensed importer, licensed manufacturer, or licensed dealer so transferring the firearm shall obtain a Form 4473 from the transferee showing the transferee's name, sex, residence address (including county or similar political subdivision and whether they reside within city limits), and date and place of birth; the height, weight..
If the buyer or transferee is unable to read and/or write, the answers (other than the signature) may be written on the form by another person, excluding the seller. Two persons not directly involved in the firearms transaction (excluding, for example, the licensee and employees of the licensee) must sign as witnesses to the buyer’s answers and signature.[27 CFR 478.21]
If the transferor/seller or the transferee/buyer discovers that an ATF Form 4473 is incomplete or improperly completed after the firearm has been transferred, and the transferor/seller or the transferee/buyer wishes to correct the omission(s) or error(s), photocopy the inaccurate form and make any necessary additions or revisions to the photocopy. The transferor/seller should only make changes to Sections A, C, and E. The transferee/buyer should only make changes to Sections B and D. Whoever made the changes should initial and date the changes. The corrected photocopy should be attached to the original Form 4473 and retained as part of the transferor’s/seller’s permanent records.[27 CFR 478.21]
Assuming the transfer otherwise complies with federal and state law, a licensee may transfer a firearm to a nonlicensed person who does not appear in person at the licensed premises only when a background check is not required to transfer the firearm, and both reside in the same state.For example, a licensee may ship firearms to residents within the same state as the licensee where the transferee has a valid permit that has been recognized as an alternative to NICS where the licensee complies with the procedures set forth in 18 U.S.C. 922(c), 27 CFR 478.96(b) and ATF Procedure 2013–2.In any transaction where a NICS check is required, the firearm must be sold over–the–counter.[18 U.S.C. 922(c) and 922(t); 27 CFR 478.96 and 478.124; ATF Procedure 2013–2]
No. The National Instant Criminal Background Check System (NICS) information, regardless of method of entry, may only be entered after the transferee/buyer signs and certifies the eForm 4473 (items 22 and 23).[27 CFR 478.124(c)(3)(iv)]
Licensees must record any initial “proceed”, “delayed”, or “denied” response received, as well as any transaction number provided.If the initial NICS response was “delayed,” a licensee must also record the date and response later provided, or that no resolution was provided within 3 business days if the licensee transfers the firearm after the 3 days.In addition, if a licensee receives a response from NICS after the firearm has been transferred, the licensee must also record this information.[18 U.S.C. 922(t); 27 CFR 478.124(c)(3)(iv)]
Licensees must keep each ATF Form 4473 for which a NICS check has been initiated, regardless of whether the firearm was transferred.When a firearms transfer occurs, Licensees shall retain each Form 4473 until the business or licensed activity is discontinued, either on paper, or in an electronic alternate method approved by the Director, at the business premises readily accessible for inspection under this part.If a firearms transfer is not made, the FFL must also retain each Form 4473 until business or licensed activity is discontinued. Forms 4473 for transfers that did not take place must be maintained separately from forms where a transfer occurred, either on paper, or in an electronic alternate method approved by the Director, at the business premises readily accessible for inspection under this part.An ATF 4473 is subject to retention by the FFL at the time when the transferee personally places the transferee’s/buyer’s name on that form as the intended transferee/buyer of the firearms identified in Section A.[27 CFR 478.129(b)]
No. A licensee is required to obtain an ATF Form 4473 from the transferee who must certify that he or she is not prohibited from receiving or possessing a firearm, and whose identity the licensee must verify prior to transfer. A licensee cannot comply with these provisions where a Form 4473 is completed by a person other than the actual transferee.[18 U.S.C. 923(g); 27 CFR 478.124]
When a transaction takes place between unlicensed persons who reside in the same state, the Gun Control Act (GCA) does not require any record keeping. An unlicensed person may sell a firearm to another unlicensed person in their state of residence and, similarly, an unlicensed person may buy a firearm from another unlicensed person who resides in the same state. It is not necessary under federal law for a federal firearms licensee (FFL) to assist in the sale or transfer when the buyer and seller are “same–state” residents.There may be state or local laws or regulations that govern this type of transaction. Contact the office of your State Attorney General for information regarding any such requirements.
No. However, the “bound book” must reflect the disposition of the firearm from business inventory to personal use. However, if the business is a corporation, and the firearm is being transferred to a corporate officer or director for other than business purposes, then a Form 4473 must be executed. [27 CFR 478.124 and 478.125a]
Yes, per federal regulation, all previous versions of ATF Form 4473 have included demographic or identifying questions, including a question pertaining to race of prospective firearms purchasers. Title 27, Code of Federal Regulations (CFR), section 478.124 (formerly 178.124), has required collection of information concerning the race and other identifying information of the transferee on Form 4473 since 1968.
Privately made firearm (PMF).
A firearm, including a frame or receiver, completed, assembled, or otherwise produced by a person other than a licensed manufacturer, and without a serial number placed by a licensed manufacturer at the time the firearm was produced. The term shall not include a firearm identified and registered in the National Firearms Registration and Transfer Record pursuant to chapter 53, title 26, United States Code, or any firearm manufactured or made befor..
No. A federal firearms licensee (FFL) may not scan an identification document for the purpose of auto-populating information on the Form 4473.Information scanned, read, or otherwise gathered from a driver’s license or other identification document, as defined by 27 CFR 478.11, for use in the transfer of a firearm by an FFL may not be electronically populated onto a Form 4473.In addition, each transferee must personally complete a new ATF Form 4473 each time the transferee attempts to acquire a firearm. See ATF Ruling 2016-2, conditions 3, 4 and 11.[27 CFR 478.11 and 478.124(c)(1)]
No. A frame or receiver is a type of firearm “other than a shotgun or rifle” and the transfer by a licensee to an individual less than 21 years of age would be prohibited.[18 U.S.C. 921(a)(5) and (7) and 922(b)(1); 27 CFR 478.11 and 478.99(b)]
A licensee must record the type of firearm as a “frame” or “receiver” (as applicable) in the acquisition and disposition (A&D) record and on the ATF Form 4473. The licensee must also include in any record the make, model, and serial number of the frame or receiver.As a frame or receiver is neither a shotgun nor a rifle, a licensee is prohibited from selling or delivering a frame or receiver to any individual the licensee knows or has reasonable cause to believe is less than 21 years of age.[18 U.S.C. 922(b)(5), 27 CFR 478.11]
No. Curios or relics are still firearms subject to the provisions of the GCA; however, curio or relic firearms may be transferred in interstate commerce to licensed collectors or other licensees.[18. U.S.C. 921(a)(3) and (13) and 923(b); 27 CFR 478.11]
(a)
General.
As provided by 26 U.S.C. 5812 and 26 U.S.C. 5822, an application to make or transfer a firearm shall be denied if the making, transfer, receipt, or possession of the firearm would place the maker or transferee in violation of law. Section 922(o), Title 18, U.S.C., makes it unlawful for any person to transfer or possess a machine gun, except a transfer to or by, or possession by or under the authority of, the United States or any depa..
Yes. If the machine gun was lawfully registered and possessed before May 19, 1986, it may be transferred pursuant to an approved ATF Form 4 (5320.4).[18 U.S.C. 922(o)(2), 26 U.S.C. 5812]
(A)
Firearm muffler or silencer parts transferred between qualified manufacturers for further manufacture or to complete new devices.
Licensed manufacturers qualified under 27 CFR part 479 may transfer a part defined as a firearm muffler or firearm silencer to another qualified manufacturer without immediately identifying or registering such part provided that it is for further manufacture (
i.e.,
machining,..
Responsible person.
In the case of an unlicensed entity, including any trust, partnership, association, company (including any Limited Liability Company (LLC)), or corporation, any individual who possesses, directly or indirectly, the power or authority to direct the management and policies of the trust or entity to receive, possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm for, or on behalf of, the trust or legal entity. In the case of a trust, ..
The tax is $200 for the transfer of any firearm except a firearm classified as an “any other weapon” which is $5.An unserviceable firearm may be transferred as a curio or ornament without payment of the transfer tax.[26 U.S.C. 5811, 5852(e) and 5845(h); 27 CFR 479.11, 479.82 and 479.91]
The terms “firearm silencer” and “firearm muffler” mean any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication.Numerous paintball and airgun silencers tested by ATF’s Firearms Technology Branch have been determined to be firearm silencers by nature of their design and function. Because silencers are NFA weapons, an individual wishing to manufacture or transfer such a silencer must receive prior approval from ATF and pay the required tax.[26 U.S.C. 5845; 27 CFR 479.11]
Yes. If the machine gun was lawfully registered and possessed before May 19, 1986, it may be transferred pursuant to an approved ATF Form 3 or Form 4, as applicable.[18 U.S.C. 922(o)(2); 26 U.S.C. 5812]
(a)
General.
Except as otherwise provided in this subpart, no firearm may be transferred in the United States unless an application, Form 4 (5320.4), Application for Tax Paid Transfer and Registration of Firearm, in duplicate, executed under the penalties of perjury, to transfer the firearm and register it to the transferee has been filed with and approved by the Director. The application shall be filed by the transferor. If the transferee is not..
(e)
Transfer of armor piercing ammunition by licensed dealers.
A licensed dealer shall not willfully transfer armor piercing ammunition:
Provided,
That armor piercing ammunition received and maintained by the licensed dealer as business inventory prior to August 28, 1986, may be transferred to any department or agency of the United States or any State or political subdivision thereof if a record of such ammunitio..
If the pawnbroker and nonlicensee are residents of the same state, the pawnbroker may return a handgun, long gun, or other firearm to either the person who pawned it or, where state and/or local law allows, a holder of the pawn ticket* who resides in the pawnbroker’s state.If the pawnbroker and nonlicensee are not residents of the same state:The pawnbroker may return a firearm to the person who pawned it.The pawnbroker may transfer a rifle or shotgun to the holder of a pawn ticket* who did not pawn it, provided the transaction complies with the conditions of sale in both the state where the pawnbroker is licensed and the state where the pawn ticket holder resides.* NOTE: The holder of the pawn ticket may acquire a firearm only if they are the actual “transferee/buyer” of the firearm. The holder of a pawn ticket may not acquire a firearm on behalf of another person.[18 U.S.C. 922(a)(2), 922(a)(3) and 922(b)(3)]
(x)(1) 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—
Licensed collectors are required to comply with written notification to unlicensed individuals upon delivery of a handgun. However, the sign posting requirement does not apply to licensed collectors.[27 CFR 478.103]
Yes. Licensed gunsmiths are required to comply with written notification to unlicensed individuals upon delivery of a handgun. A gunsmith who transfers handguns to nonlicensees must also comply with the sign posting requirement.[27 CFR 478.103]
In this situation, the individual's NFA firearms may be left in a safe deposit box in their former state of residence. The firearm could also be left or stored in the former state of residence at the house of a friend or relative in a locked room or container to which only the registered owner has a key. The friend or relative should be supplied with a copy of the registration forms and a letter from the owner authorizing storage of the firearm at that location.The firearms may also be transferred in accordance with National Firearms Act (NFA) regulations or abandoned to ATF.
Any State, any political subdivision thereof, or any official police organization of such a government entity engaged in criminal investigations, which acquires for official use a firearm not registered to it, such as by abandonment or by forfeiture, will register such firearm with the Director by filing Form 10 (Firearms), Registration of Firearms Acquired by Certain Governmental Entities, and such registration shall become a part of the National Firearms Registration and Transfer Record. The a..
When a state wants to keep such NFA firearms for official use, the state must register the firearm by filing an ATF Form 10: Application for Registration of Firearms Acquired by Certain Governmental Entities. As approval of the Form 10 is conditioned on an “official use only” basis, subsequent transfers will not be approved unless the transfer is to another government agency for official use.[26 U.S.C. 5841; 27 CFR 479.104]
(d)
Commercial records of armor piercing ammunition transactions.
When a commercial record is made at the time of sale or other disposition of armor piercing ammunition, and such record contains all information required by the bound record prescribed by paragraph (a) of this section, the licensed collector transferring the armor piercing ammunition may, for a period not exceeding 7 days following the date of such transfer, delay making the required entry..
No. However, it is unlawful for any person to transfer a firearm to any person knowing or having reasonable cause to believe that such person is a felon or is within any other category of person prohibited from receiving or possessing firearms.[18 U.S.C. 922(d) and 922(t)(1); 27 CFR 478.32(d) and 478.102]
No nonlicensee shall transfer, sell, trade, give, transport, or deliver any firearm to any other nonlicensee, who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides:
Provided,
That the provisions of this section:
A person may transfer a firearm to an unlicensed resident of their state, provided the transferor does not know or have reasonable cause to believe the transferee is prohibited from receiving or possessing firearms under federal law. There may be state laws that regulate intrastate firearm transactions. A person considering transferring a firearm should contact their State Attorney General’s Office to inquire about the laws and possible state or local restrictions.Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of state, the firearm must be shipped to a federal firearms licensee (FFL) within the transferee’s state of residence. The transferee may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check.A person may loan or rent a firearm to a resident of any state for temporary use for lawful sporting purposes, if they do not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under federal law. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent.A person may transfer a firearm to a licensee in any state. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.[18 U.S.C 922(a)(5) and 922(d); 27 CFR 478.30, 478.32]
(a) A firearm may be transferred without payment of the transfer tax to or from any State, possession of the United States, any political subdivision thereof, or any official police organization of such a governmental entity engaged in criminal investigations.
(a) A firearm registered to a person qualified under this part to engage in business as an importer, manufacturer, or dealer may be transferred by that person without payment of the transfer tax to any other person qualified under this part to manufacture, import, or deal in firearms.
Yes, a licensed gunsmith may receive a National Firearms Act (NFA) firearm for the sole purpose of repair and subsequent return to its owner.It is suggested that the owner obtain permission from ATF for the transfer by submitting an ATF Form 5, Application for Tax Exempt Transfer and Registration of Firearm, to the NFA Branch and receive approval prior to the delivery. The gunsmith should do the same prior to returning the firearm.
(c) No person shall ship, transport, transfer, receive, or possess any plastic explosive that does not contain a detection agent. This paragraph does not apply to:
All plastic explosives manufactured or imported on or after April 24, 1996, must contain a detection agent. (The importation of plastic explosives into the United States requires that the importer file ATF Form 6 certifying that the imported plastic explosives contain the required detection agent, or is exempted from the marking requirements as provided in the regulations). It unlawful to manufacture, import, transfer, receive, or possess any plastic explosive that does not contain a detection agent. Federal law enforcement agencies and the military may possess unmarked plastic explosives if they meet the affirmative defense requirements under 27 CFR 555.182.
(b)
Firearms Transaction Record.
Licensees shall retain each Form 4473 until business or licensed activity is discontinued, either on paper, or in an electronic alternate method approved by the Director, at the business premises readily accessible for inspection under this part. Paper forms over 20 years of age may be stored at a separate warehouse, which shall be considered part of the business premises for this purpose and subject to inspection unde..
Licensees shall retain each Form 4473 until business or licensed activity is discontinued, either on paper, or in an electronic alternate method approved by the Director, at the business premises readily accessible for inspection under this part. Paper forms over 20 years of age may be stored at a separate warehouse, which shall be considered part of the business premises for this purpose and subject to inspection under this part. Forms 4473 shall be retained in the licensee's records as provided in § 478.124(b), provided that Forms 4473 with respect to which a sale, delivery, or transfer did not take place shall be separately retained in alphabetical (by name of transferee) or chronological (by date of transferee's certification) order.[18 U.S.C. 923(g)(1)(A); 27 CFR 478.129(b)]
(a) The Director shall maintain a central registry of all firearms in the United States which are not in the possession of or under the control of the United States. This registry shall be known as the National Firearms Registration and Transfer Record and shall include:
No. The National Firearms Act (NFA) permits only manufacturers, makers, importers, and certain governmental entities to register firearms.[26 U.S.C. 5841(b) and 5861(d); 27 CFR 479.101(b) and 479.104]
A firearm may be transferred to the United States or any department, independent establishment or agency thereof without payment of the transfer tax. However, the procedures for the transfer of a firearm as provided in § 479.90 shall be followed in a tax-exempt transfer of a firearm under this section, unless the transferor is relieved of such requirement under other provisions of this part.
Where the transfer of a destructive device, machine gun, short-barreled shotgun, or short-barreled rifle is to be made by a person licensed under the provisions of Title I of the Gun Control Act of 1968 (82 Stat. 1213) to a person not so licensed, the sworn statement required by § 478.98 of this chapter shall be attached to and accompany the transfer application required by this subpart.
Licenses issued under this part are not transferable. In the event of the lease, sale, or other transfer of the operations authorized by the license, the successor must obtain the license required by this part prior to commencing such operations. However, for rules on right of succession, see § 478.56.
Where a firearm which has been made in compliance with 26 U.S.C. 5821, and the regulations contained in this part, is to be transferred subsequently, the transfer provisions of the firearms laws and regulations must be complied with. (See subpart F of this part).
Notwithstanding any provision of § 478.28 of this chapter, it shall not be
required that authorization be obtained from the Director for the transportation in interstate or foreign commerce of a firearm in order to effect the transfer of a firearm authorized under the provisions of this subpart.
Licenses and permits issued under this part are not transferable to another person. In the event of the lease, sale, or other transfer of the business or operations covered by the license or permit, the successor must obtain the license or permit required by this part before commencing business or operations. However, for rules on right of succession, see § 555.59.
An unserviceable firearm may be transferred as a curio or ornament without payment of the transfer tax. However, the procedures for the transfer of a firearm as provided in § 479.90 shall be followed in a tax-exempt transfer of a firearm under this section, except a statement shall be entered on the transfer application, Form 5 (Firearms), by the transferor that he is entitled to the exemption because the firearm to be transferred is unservicable and is being transferred as a curio or ornament. ..
The transfer tax imposed with respect to firearms transferred within the United States is at the rate of $200 for each firearm transferred, except that the transfer tax on any firearm classified as “any other weapon” shall be at the rate of $5 for each such firearm transferred. The tax imposed on the transfer of the firearm shall be paid by the transferor.
(b) That such person's receipt or possession of the device or weapon would be consistent with public safety. Such sworn statement shall be made on the application to transfer and register the firearm required by Part 479 of this chapter. The sale or delivery of the device or weapon shall not be made until the application for transfer is approved by the Director and returned to the licensee (transferor) as provided in Part 479 of this chapter.
The Director will consider a completed and properly executed application, Form 4 (Firearms), to transfer a firearm. If the application is approved, the Director will affix the appropriate National Firearms Act stamp, cancel it, and return the original application showing approval to the transferor who may then transfer the firearm to the transferee along with the approved application. The approval of an application, Form 4 (Firearms), by the Director will effectuate registration of the firearm t..
(a) The executor, administrator, personal representative, or other person authorized under State law to dispose of property in an estate (collectively “executor”) may possess a firearm registered to a decedent during the term of probate without such possession being treated as a “transfer” as defined in § 479.11. No later than the close of probate, the executor must submit an application to transfer the firearm to beneficiaries or other transferees in accordance with this section. If the transfe..
As indicated in this part, the transfer tax or tax on the making of a firearm is ordinarily paid by the purchase and affixing of stamps, while special tax stamps are issued in payment of special (occupational) taxes. However, in exceptional cases, transfer tax, tax on the making of firearms, and/or special (occupational) tax may be paid pursuant to assessment. Claims for refunds of such taxes, paid pursuant to assessment, shall be filed on ATF Form 2635 (5620.8) within 3 years next after payment..
(b) The requirements of this part relating to the transfer of a firearm are applicable to the transfer of imported firearms by a qualified importer or any other person.
(1) A licensed importer, licensed manufacturer, or licensed dealer whose sale, delivery, or transfer of a firearm is made pursuant to the alternative provisions of § 478.102(d) and is not subject to the NICS check prescribed by § 478.102(a) shall maintain the records required by paragraph (a) of this section.
(1) The ratio of the number of law enforcement officers of the State in which the transfer is to occur to the number of square miles of land area of the State does not exceed 0.0025;
(h) A person who has been granted relief under this section shall be relieved of any disabilities imposed by the Act with respect to the acquisition, receipt, transfer, shipment, transportation, or possession of firearms or ammunition and incurred by reason of such disability.
(1) Ship, transport, transfer, cause to be transported, or otherwise dispose of, any firearm to another person in or otherwise affecting interstate or foreign commerce, knowing or having reasonable cause to believe that it would constitute a felony for the recipient to use, carry, or possess a firearm;
Any person desiring to export a firearm without payment of the transfer tax must file with the Director an application on Form 9 (Firearms), Application and Permit for Exportation of Firearms, in quadruplicate, for a permit providing for deferment of tax liability. Part 1 of the application shall show the name and address of the foreign consignee, number of firearms covered by the application, the intended port of exportation, a complete description of each firearm to be exported, the name, addr..
Transfers of firearms to persons in the insular possessions of the United States are exempt from transfer tax, provided title in cases involving change of title (and custody or control, in cases not involving change of title), does not pass to the transferee or his agent in the United States. However, such exempt transactions must be covered by approved permits and supporting documents corresponding to those required in the case of firearms exported to foreign countries (see §§ 479.114 and 479.1..
(i)
Firearm muffler or silencer parts transferred between qualified manufacturers for further manufacture or to complete new devices.
Manufacturers qualified under this part may transfer a part defined as a muffler or silencer to another qualified manufacturer without immediately identifying or registering such part provided that it is for further manufacture (
i.e.,
machining, coating,
..
Except as otherwise provided in this part, each transfer of a firearm in the United States is subject to a tax to be represented by an adhesive stamp of the proper denomination bearing the words “National Firearms Act” to be affixed to the Form 4 (Firearms), Application for Transfer and Registration of Firearm, as provided in this subpart.
“National Firearms Act” stamps evidencing payment of the transfer tax or tax on the making of a firearm are maintained by the Director. The remittance for purchase of the appropriate tax stamp shall be submitted with the application. Upon approval of the application, the Director will cause the appropriate tax to be paid by affixing the appropriate stamp to the application.
For the purposes of this part, each manufacturer, importer, and dealer in firearms shall keep and maintain such records regarding the manufacture, importation, acquisition (whether by making, transfer, or otherwise), receipt, and disposition of firearms as are prescribed, and in the manner and place required, by part 478 of this chapter. In addition, each manufacturer, importer, and dealer shall maintain, in chronological order, at his place of business a separate record consisting of the docume..
Adhesive stamps of the $5 and $200 denomination, bearing the words “National Firearms Act,” have been prepared and only such stamps shall be used for the payment of the transfer tax and for the tax on the making of a firearm.
Special tax stamps are merely receipts for the tax. Payment of tax under Federal law confers no privilege
to act contrary to State law. One to whom a special tax stamp has been issued may still be punishable under a State law prohibiting or controlling the manufacture, possession or transfer of firearms. On the other hand, compliance with State law confers no immunity under Federal law. Persons who engage in the business of importing, manufacturi..
Distribute. To sell, issue, give, transfer, or otherwise dispose of. The term does not include a mere change of possession from a person to his agent or employee in connection with the agency or employment.
(e) See § 555.180 for regulations concerning the prohibited manufacture, importation, exportation, shipment, transportation, receipt, transfer, or possession of plastic explosives that do not contain a detection agent.
(ii) The distributee must also provide the distributor with a current list of the names of persons authorized to accept delivery of explosive materials on behalf of the distributee. The distributee ordering explosive materials must keep the list current and provide updated lists to licensees and holders of user permits on a timely basis. A distributor may not transfer possession of explosive materials to any person whose name does not appear on the current list of names of persons authorized to ..
(d) Tools used for opening or closing containers of explosive materials are to be of nonsparking materials, except that metal slitters may be used for opening fiberboard containers. A wood wedge and a fiber, rubber, or wooden mallet are to be used for opening or closing wood containers of explosive materials. Metal tools other than nonsparking transfer conveyors are not to be stored in any magazine containing high explosives.
(a)
Basis for action.
Whenever the Director has reason to believe that a licensee has willfully violated any provision of the Act or this part, a notice of revocation of the license, ATF Form 4500, may be issued. In addition, a notice of revocation of the license, on ATF Form 4500, may be issued whenever the Director has reason to believe that a licensee fails to have secure gun storage or safety devices available at any place in which firearms are sold ..
(a) Firearms and ammunition may be brought into the United States or any possession thereof by any person who can establish to the satisfaction of Customs that such firearm or ammunition was previously taken out of the United States or any possession thereof by such person. Registration on Customs Form 4457 or on any other registration document available for this purpose
may be completed before departure from the United States at any U.S. customhouse or ..
Within a six-month's period from date of issuance of the permit to export firearms, the exporter shall furnish or cause to be furnished to the Director (a) the certificate of exportation (Part 3 of Form 9 (Firearms)) executed by the District Director of Customs as provided in § 479.117, or (b) the certificate of mailing by parcel post (Part 4 of Form 9 (Firearms)) executed by the postmaster of the post office receiving the parcel containing the firearm, or (c) a certificate of landing executed b..
Each manufacturer qualified under this part shall file with the Director an accurate notice on Form 2 (Firearms), Notice of Firearms Manufactured or Imported, executed under the penalties of perjury, to show his manufacture of firearms. The notice shall set forth the name and address of the manufacturer, identify his special (occupational) tax stamp and Federal firearms license, and show the date of manufacture, the type, model, length of barrel, overall length, caliber, gauge or size, serial nu..