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Frequently Asked Questions

QUESTIONS AND ANSWERS TABLE OF CONTENTS

Newly added FAQs:

Who in ATF can I contact if I have any further questions?
What steps should I take to ensure I don't have any problems carrying a concealed weapon in other states?
I am a law enforcement officer and would like to apply for the permit that allows me to carry a concealed weapon in any state. What is the procedure?
Are "potato guns" or "spud guns" legal?
How do I obtain a classification from ATF for my "potato gun"?
FFL Problems Accessing FFL eZ Check Site
ATF Sources for Firearms Research Project
Foreign visitor purchase/possession of Firearms or Ammunition
"Nonimmigrant aliens"
Obtaining a Waiver from the Attorney General
Green Card Purchase
Nonimmigrant alien previous firearms purchase
Permit for nonresident gun importation
Visitors to Canada Requirements
Firearm Transfers Between Individuals

Go to FFL Newsletter FAQs

A. GENERAL QUESTIONS PAGE

1. Businesses subject to regulation
2. Licensing eligibility
3. License or permit to carry
4. Antiques
5. Ammunition covered by the GCA0
6. Sale of firearms parts
7. Making of firearms
8. Sales of black powder
9. Paintball/Airgun Sound Suppressers
10. Gun privileges restored
11. Alternatives for restoration of privileges
12. Shooting Range
13. Denial when purchasing a firearm
14. Sources for firearms related issues
15. Foreign visitor purchase/possession of Firearms or Ammunition
16. "Nonimmigrant aliens"
17. Obtaining a Waiver from the Attorney General
18. Green Card Purchase
19. Nonimmigrant alien previous firearms purchase
20. Permit for nonresident gun importation
21. Form for Importing Firearms and Ammunition
22. Attachments to Form 6
23. Approval Time for Form 6
24. Listing of Items in Form 6
25. Filing several Import Permit Applications
26. Visitors to Canada Requirements
27. ATF Sources for Firearms Research Project
28. FFL Problems Accessing FFL eZ Check Site
29. Are "potato guns" or "spud guns" legal?
30. How do I obtain a classification from ATF for my "potato gun"?
    
    

B. UNLICENSED PERSONS
1. Transfers of firearms
2. Acquisition of firearms
3. Out-of-State purchases of firearms
4. Out-of-State purchases of ammunition
5. Certain persons prohibited
6. Law enforcement officers subject to restraining orders
7. Transportation of firearms
8. Mailing firearms
9. Shipment of firearms by carriers
10. Interstate shipment of firearms for sporting purposes
11. Interstate change of address
12. Residency--general
13. Property ownership and/ or residency
14. Purchases by foreign visitors and other aliens
15. Underage persons obtaining firearms
16. Transfer of a curio or relic
17. Firearm Transfers Between Individuals

C. LICENSING
1. Application procedure
2. Locations covered by license
3. Dual licensing
4. Operations after expiration
5. Surrender of records
6. What records are to be surrendered
7. Successor owner--need for license
8. No State right/ privilege conferred
9. Dealing at gun shows only
10. Change in location

D. FORM 4473--FIREARMS TRANSACTION RECORD
1. Form 4473 availability
2. Private sales
3. Dealer transferring to himself
4. Execution of Form 4473--seller
5. Means of identification
6. Form 4473--when executed
7. Electronic Version of Form 4473

E. RECORDS REQUIRED--LICENSEES
1. Bound book
2. Multiple bound books
3. Bound book--availability
4. Approved variations
5. Time for entries into bound book
6. Ammunition
7. Rental firearms
8. Sale of personal firearms
9. Computer records

F. CONDUCT OF BUSINESS--LICENSEES
1. Compliance with State and local laws
2. Sales to out-of-State nonlicensees
3. Out-of-State sales to law enforcement officers
4. Employees under age 21
5. Handguns--reporting multiple sales
6. Firearm purchasers--age requirements
7. Ammunition purchasers--age requirements
8. Verification--licensees' status
9. Verification--multi-licensed entity
10. Deliveries after license expiration
11. License to sell ammunition
12. Sales at gun shows
13. Sales at out-of-State gun shows
14. Mailing firearms
15. Consignment sales
16. Reporting stolen firearms
17. Stolen firearms--records
18. Distribution of multiple sale forms
19. Responses to trace requests
20. Written notification on juvenile handgun possession
21. Posting signs on juvenile handgun possession

G. COLLECTORS
1. Collector's license
2. Collector's limitation
3. Collector cannot engage in business
4. Collector's need for dealer's license
5. Form 4473
6. Brady law
7. Notification and posting signs concerning juveniles
8. Disposition of records

H. MANUFACTURERS
1. License for each type of business
2. Firearms not covered by ammunition license
3. Ammunition covered by firearms license
4. Reloaders of ammunition
5. Excise taxes

I. GUNSMITHS
1. Activity requires license--when
2. Records
3. Form 4473
4. Immediate repairs
5. NFA weapon repair
6. Notification and posting signs concerning juveniles
7. Brady law

J. PAWNBROKERS
1. Disposition records
2. Transactions
3. Prohibited categories of persons
4. Notification and posting signs concerning juveniles
5. Brady law

K. AUCTIONEERS
1. License requirements
2. Location of sales

L. IMPORTING AND EXPORTING
1. Importation by licensees other than importers
2. Exportation
3. Does ATF regulate gas masks?
4. What must I do to import gas masks for resale?
5. Once I am a Registered Importer, are there any other forms required to import gas masks?
6. Are there any countries that I cannot import gas masks from?
7. Are there any types of gas masks that are not importable?
8. Are there any exceptions to the ATF Form 6 requirements?
9. If I have any further questions, whom should I contact?

M. FIREARMS--NATIONAL FIREARMS ACT (NFA)
1. Firearms requiring registration
2. Lawful acquisitions
3. Tax on making
4. Paying tax on making
5. Unserviceable NFA firearms
6. NFA firearms acquired by police
7. Unregistered NFA firearms
8. Penalties for unlawful possession
9. Disposal of unregistered firearm
10. Exemptions from making/ transfer tax
11. Qualified to import/ manufacture/ deal
12. Payment--special (occupational) tax
13. Special tax required for each activity--exception
14. Licensed collector--NFA firearms
15. Required transfer procedures
16. Authorization to make
17. Conversion part(s) subject to registration
18. Out-of-State transfer
19. Acceptable "law enforcement certifications"
20. Absence of duty to sign "law enforcement certification"
21. Refusal to sign "law enforcement certification"
22. Approval to transfer interstate--when required
23. Disapproved application to transfer interstate--options
24. Application to transfer prior to receipt not allowed
25. Pistol and attachable shoulder stock
26. Evidence of registration required
27. Status--empty grenades, shells, etc.
28. Status--muzzle-loading cannons
29. Status--grenade and rocket launcher attachments
30. Definition of "conversion kit"

N. MACHINE GUNS - NFA
1. Manufacture by unlicensed person
2. Transfers by registered owners

P. BRADY LAW

1. Waiting periods
2. Persons who must comply
3. Effective date of permanent Brady law
4. Operation of NICS
5. Agencies that perform NICS checks
6. States as points of contact for NICS checks
7. Licensees advised of points of contact
8. Charge for NICS checks
9. Enrolling with FBI for access to NICS
10. Firearms subject to NICS checks
11. Antique firearms
12. Transfers between licensees
13. Transfers of curios or relics by licensed collectors
14. Transfers by licensed dealers to licensed collectors
15. Licensees' sales of personal firearms
16. Loan or rental of firearms
17. Sales at gun shows
18. Redemption of pawned firearms
19. Pawnbroker's disposition of pawned firearm when transfer "denied"
20. Repeated pawn of same firearm
21. Pawnbroker's NICS checks prior to accepting firearms in pawn
22. Pawnbroker's completion of Form 4473 on optional NICS check
23. Action of pawnbroker when NICS check results in "denial"
24. Action of pawnbroker when NICS check results in "approval"
25. Return of repaired firearm; transfer of replacement firearm
26. Return of consignment firearm
27. Sales to law enforcement officers for official use
28. Sales to law enforcement officers for personal use
29. Exceptions to requirement to initiate NICS check
30. Required steps on transfer
31. Identification of purchaser
32. Non-over-the-counter sales subject to NICS
33. Non-over-the-counter sales not subject to NICS
34. Brady form
35. Form 4473
36. Social security numbers on Form 4473
37. NICS responses--" proceed", "denied", "delayed"
38. "Business day" for purposes of Brady law
39. Transfer of firearm after "delayed" NICS response
40. Action of licensee after "denied" NICS response
41. Advice by licensee to proposed transferee denied by NICS
42. How transferee may learn of reasons for "denied" NICS response
43. Recording NICS responses on Form 4473
44. Action by licensee when no transaction number is provided
45. Maintaining copy of Form 4473 when proposed transfer not made
46. When to contact NICS
47. Period of time a NICS check is valid
48. When the period of validity of NICS check begins to run
49. Orders for custom-made firearms
50. Multiple firearms transactions
51. When transfer may be made if NICS response is "proceed" or "delayed"
52. State instant or point of sale checks as alternatives to NICS
53. NICS checks after successful appeal of NICS "denial"
54. Permit to carry concealed firearm as exception to NICS check
55. How licensees know whether a permit is an alternative to NICS check
56. Permits not covering type of firearm being purchased
57. Use of concealed weapons permits outside States where issued
58. Change in status of certain concealed weapons permits
59. Concealed weapons permits issued more than five years ago
60. Concealed weapons permits that have expired under State law
61. Compliance with State instant check systems
62. Compliance with State waiting periods after NICS "proceed" response
63. Compliance with State law where State is the NICS point of contact
64. Transfer of firearm to licensee's own personal collection
65. Sale of firearm registered under the NFA
66. Sale to organization for raffling at event

Q. MISDEMEANOR CRIMES OF DOMESTIC VIOLENCE

1. Definition of misdemeanor crime of domestic violence
2. Effective date of disability
3. Constitutionality of disability
4. Example of conviction after effective date
5. Example of conviction before effective date
6. Applicable law to determine "conviction"
7. What state and local offenses covered
8. Convictions of local criminal ordinances
9. Offenses punishable only by fine
10. Meaning of "similarly situated to a spouse"
11. Meaning of statutory language "as an element"
12. Effect of deferred adjudication
13. Action by convicted licensees
14. Action by convicted individuals
15. Effect on law enforcement officers

FFL Newsletter FAQs

Q. Are the instructions attached to the ATF Form 4473 (Firearms Transaction Record) required to be maintained with the Form 4473 as part of a licensees permanent firearms records?

A. Yes. Because the instructions are part of the Form 4473, they must be maintained for at least 20 years.

Q. When should the ATF Form 3310.4, Report of Multiple Sale or Other Disposition of Pistols and Revolvers, be filed? In some states with waiting periods, like California, dealers are submitting the Form 3310.4 prior to transferring the firearms.

A. A licensee shall prepare and submit the Form 3310.4 whenever the licensee sells or otherwise disposes of, at one time or during any five consecutive business days, two or more pistols, or revolvers, or any combination or pistols and revolvers totaling two or more, to an unlicensed person. The form should be executed when the firearms are actually delivered to the transferee.

Q. Is a Form 4473 and a NICS background check required for a corporate officer of an FFL who is acquiring a firearm for his or her own personal use?

A. Yes, generally, a Form 4473 and a background check is required when a corporate FFL transfers a firearm to one of its officers for his or her personal use. See 18 U.S.C. § 922(t) (3) for applicable exceptions.

Q. Is a signature required each time a firearm is delivered by a shipper/common carrier or is a signature of the FFL maintained on file by the shipper an acceptable alternative?

A. A signature is required each time a firearm is delivered by a common or contract carrier to verify the acknowledgement of the receipt of the firearm.

Q. Is the Savage model 10ML rifle which has the characteristics of both a modern firearm and a muzzleloader regulated under the Gun Control Act?

A. ATF has classified the Savage model 10ML as a rifle that would fall under the purview of the Gun Control Act. For additional information about the classification of this firearm or any other firearm, you should contact the Firearms Technology Branch at (202) 927-7910.

Q. Are all Federal agencies exempt from the excise tax on firearms and ammunition?

A. No, the Department of Defense and the U.S. Coast Guard are the only Federal agencies exempt from the excise tax requirements for firearms and ammunition.Therefore, the sale of firearms and ammunition to any agency of the federal government, other than to the Department of Defense or U.S. Coast Guard, is subject to Federal excise tax requirements. For additional information regarding Federal excise tax requirements, you should contact the National Revenue Center at 1-( 800) 398-2282 or at (513) 684-2979.

Q. If a licensee gets a delayed response on a NICS background check and there is no additional response from the FBI or their state point of contact, is a licensee required to transfer a firearm after 3 business days have elapsed?

A. No, under the Gun Control Act, a licensee may, but is not required to, transfer a firearm after 3 business days have elapsed since they received the initial delayed response on a NICS background check.

Q. Is a single monthly utility bill sufficient to establish proof that an alien has resided in a state for the 90-day residency requirement to purchase a firearm?

A. No, the alien should provide at least one utility bill per month to verify residence for the past 90 days. This would also apply to mail that is used as proof of residency. The mail should reflect that the alien purchaser is a current resident and prove that the alien has lived at that residence for at least 90 days.

Q. Are aliens authorized to possess ammunition in the United States?

A. An alien who is in the United States as a permanent resident alien is authorized to possess ammunition in the United States provided he or she is not otherwise prohibited from possessing it under the Gun Control Act. An alien who is in the United States in a nonimmigrant alien status is generally prohibited from possessing ammunition unless he or she qualifies under one of the exceptions contained in the Gun Control Act as outlined in 18 U.S.C. § 922(y) (2), or has a Waiver from the Attorney General as outlined in 18 U.S.C. § 922(y) (3).

Q. Can a licensed collector sell a curio or relic shotgun or rifle to an out-of-state resident?

A. Yes, a licensed collector is specifically authorized to sell a curio or relic shotgun or rifle to a nonlicensed resident of another state so long as the purchaser meets with the licensee in person to accomplish the transfer, sale, and delivery of the rifle or shotgun. The sale, delivery, and receipt the rifle or shotgun must fully comply with the legal conditions of sale in both such states.

Q. Is there anything dealers can do to expedite the processing of NICS background checks?

A. Yes, if a background check is not initially approved, dealers should wait at least 2 hours before calling back to check on the status of that check. This will help avoid tying up the system. In addition, if a dealer who is a sole proprietor is transferring a firearm to themselves, they are not required to conduct a background check and they should not contact the FBI NICS Center to conduct a check on themselves.

Q. Is a Form 4473 required for an individual who leaves a firearm with an FFL for an appraisal of the value of the firearm?

A. No, we would consider this like a gunsmith transaction and a Form 4473 would not be required when the firearm is picked up by the individual. In addition, if the licensee has possession of the firearm from one business day to another or longer, the firearm would need to be recorded as an acquisition and a disposition in the bound book record.