§ 479.27 Photographs and fingerprints

  1. a.(a) When applying to make or transfer and register a firearm under the National Firearms Act, or to become a special (occupational) taxpayer, ATF does not require individual applicants and responsible persons to submit fingerprints unless:

    1. 1.(1) The National Firearms Act, 26 U.S.C. chapter 53, explicitly requires the applicant to submit fingerprints with the application; or

    2. 2.(2) The Director requests the person to submit fingerprints because the Director is unable to determine, based on the results of the initial background check, whether making or transferring the firearm as proposed would place the person in violation of law.

  2. b.(b) When fingerprints are required under this section, the individual applicant or responsible person must submit with the application one properly completed FBI Form FD-258 (Fingerprint Card) or, if applying electronically, an equivalent digital fingerprint set. The fingerprints must be clear for accurate classification.

  3. c.(c) When applying as described under paragraph (a) of this section, individual applicants and responsible persons must attach a photograph. Individual applicants and responsible persons can meet the photograph requirement by attaching one of the following:

    1. 1.(1) A clear and true copy (e.g., a photocopy, or, if submitting an electronic application, a scan, digital photograph, or other electronic copy) of their photo identification document, as defined in 27 CFR 478.11; or

    2. 2.(2) A photograph (which may be digital and submitted electronically) of themselves that is 2×2 inches in size, clearly showing a full front-view of their features, with head bare of hats or other items that overlap the front hairline, with the distance from the top of the head to the point of the chin approximately 1 ¼ inches, and that was taken within six months prior to the date they submit the photograph.

  4. d.(d) In certain cases, the Director may require a person to submit a photograph as described in (c)(2) of this section, and refuse to accept the photo identification copy described in (c)(1) of this section, such as if the document is not of an acceptable type, the copy is not clear, or if there are other issues impeding the person’s background check.