§ 479.84 Application to transfer.

  1. [RIN 1140-AB00]

    a.(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 a licensed manufacturer, importer, or dealer qualified under this part and is a partnership, company (including a Limited Liability Company (LLC)), association, trust, or corporation, all information on the Form 4 application shall be furnished for each responsible person of the transferee.

    Except as otherwise provided in this subpart, no person may transfer a firearm in the United States unless the transferor submits an application, ATF Form 5320.4 (“Form 4”), Application to Transfer and Register NFA Firearm (Tax-Paid), to the Director in duplicate, executed under the penalties of perjury, to transfer the firearm and register it to the transferee, and the Director has approved the application. If the transferee is not a licensed manufacturer, importer, or dealer qualified under this part, but is a partnership, company (including a limited liability company (LLC)), association, trust, corporation, or a married couple filing jointly, the transferee must furnish all information required on Form 4 for each of the transferee’s responsible persons or spouses filing jointly.

  2. b.(b) Preparation of ATF Form 4. All of the information called for on Form 4 shall be provided, including:

    b.(b) ATF Form 5320.4 (“Form 4”). The transferor and transferee must provide all the information called for on Form 4, including:

    1. [RIN 1140-AA83]

      1.(1) The type of firearm being transferred. If the firearm is other than one classified as “any other weapon,” the applicant shall submit a remittance in the amount of $200 with the application in accordance with the instructions on the form. If the firearm is classified as “any other weapon,” the applicant shall submit a remittance in the amount of $5;

      1.(1) Type of firearm being transferred. The applicant must remit $200 with the application for a machine gun or destructive device, or $0 for all other firearms, in accordance with the instructions on the form;

    2. 2.(2) The identity of the transferor by name and address and, if the transferor is other than a natural person, the title or legal status of the person executing the application in relation to the transferor;

      2.(2) The transferor’s identity by name and address and, if the transferor is not an individual, the title or legal status (such as spouse or owner) of the person executing the application in relation to the transferor;

    3. 3.(3) The transferor's Federal firearms license number (if any);

    4. 4.(4) The transferor's special (occupational) tax stamp (if any);

    5. 5.(5) The identity of the transferee by name and address and, if the transferee is a person not qualified as a manufacturer, importer, or dealer under this part, the transferee shall be further identified in the manner prescribed in § 479.85;

      5.(5) The transferee’s identity by name and address and, if the transferee is not qualified as a licensed manufacturer, importer, or dealer under this part, additional identity information in the manner prescribed in § 479.85;

    6. 6.(6) The transferee's Federal firearms license number (if any);

    7. 7.(7) The transferee's special (occupational) tax stamp (if applicable); and

    8. 8.(8) A description of the firearm to be transferred by name and address of the manufacturer or importer (if known); caliber, gauge, or size; model; serial number; in the case of a short-barreled shotgun or a short-barreled rifle, the length of the barrel; in the case of a weapon made from a rifle or shotgun, the overall length of the weapon and the length of the barrel; and any other identifying marks on the firearm. In the event the firearm does not bear a serial number, the applicant shall obtain a serial number from ATF and shall stamp (impress) or otherwise conspicuously place such serial number on the firearm in a manner not susceptible of being readily obliterated, altered, or removed.

    9. 9.(9) If the transferee (including, if other than an individual, any responsible person or spouse filing jointly) is an alien admitted under a nonimmigrant visa, applicable documentation demonstrating that the nonimmigrant alien falls within an exception to 18 U.S.C. 922(g)(5)(B) under 18 U.S.C. 922(y)(2), or has obtained a waiver of that provision under 18 U.S.C. 922(y)(3).

    10. 10.(10) If the applicants are spouses filing jointly (a married couple), they must submit applicable documents demonstrating a legal marriage with the application, including a marriage certificate, license, or proof of a marriage otherwise recognized under state law. In the event a marriage certificate is not available, applicants can submit other evidence of marriage (such as affidavits, joint tax returns).

  3. [RIN 1140-AA65]

    c.(c) Notification of chief law enforcement officer. Prior to the submission of the application to the Director, all transferees and responsible persons shall forward a completed copy of Form 4 or a completed copy of Form 5320.23, respectively, to the chief law enforcement officer of the locality in which the transferee or responsible person is located. The chief law enforcement officer is the local chief of police, county sheriff, head of the State police, State or local district attorney or prosecutor. If the transferee is not a licensed manufacturer, importer, or dealer qualified under this part and is a partnership, company, association, or corporation, for purposes of this section, it is considered located at its principal office or principal place of business; if the transferee is not a licensed manufacturer, importer, or dealer qualified under this part and is a trust, for purposes of this section, it is considered located at the primary location at which the firearm will be maintained.

  4. c.(c) Approval of Form 4. If the application is approved, the Director will affix a National Firearms Act stamp to the original application in the space provided therefor and properly cancel the stamp ( see § 479.87). The approved application will then be returned to the transferor.