Federal Firearms Regulations
How much time does a licensee have to record the acquisition and disposition of firearms?
1. Dealer Acquisitions: Generally, for licensed dealers the purchase or other acquisition of a firearm shall be recorded not later than the close of the next business day following the date of the acquisition or purchase. However, if commercial records containing the required information are available for inspection and are separate from other commercial documents, dealers have 7 days from the time of receipt to record the receipt in the acquisition and disposition (A&D) record. 2. Manufacturer Acquisitions: Each licensed manufacturer shall record each firearm manufactured or otherwise acquired not later than the 7th day following the date of such manufacture or other acquisition. 3. Importer Acquisitions: Each licensed importer shall within 15 days of the date of importation or other acquisition record the required information of each firearm imported or otherwise acquired. 4. Dispositions: All licensees shall record sales or other dispositions not later than 7 days following date of the transaction. If a disposition is made before the acquisition has been entered in the A&D record, the acquisition entry must be made at the same time as the disposition entry.
What steps must licensee take prior to transferring a firearm to an unlicensed person?
1. The licensee must have the transferee complete and sign ATF Form 4473, Firearms Transaction Record. 2. The licensee must verify the identity of the transferee through a government-issued photo identification. 3. Unless an exception applies, the licensee must contact NICS through either the FBI or a State point of contact (POC). A licensee may not transfer a firearm unless the licensee receives a "proceed" response, or three business days have elapsed since the licensee contacted NICS, and the system has not notified the licensee that the receipt of a firearm by such other person would violate the law.
How can a licensee maintain a personal collection of firearms?
A licensee may log business firearms out of the acquisition and disposition record as a personal firearm. If that firearm is sold within a year of having been transferred to the licensee's personal collection, the licensee must re-enter the firearm in the business acquisition and disposition record, and sell or transfer the firearm as business inventory, including completing an ATF Form 4473 and a NICS background check if required. If, however, the firearm is held in the personal collection of the licensee for more than one year, the firearm may be sold as the licensee's personal firearm.
May a licensee transfer a firearm to a non-licensed individual who does not appear in person at the licensed premises?
A licensee may transfer a firearm to a non-licensed 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.
How should a licensee record in his or her records the transfer of a frame or receiver to an unlicensed purchaser?
A licensee must record in the acquisition and disposition record and on the ATF Form 4473 the type of firearm as a "frame" or "receiver" (as applicable). 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.
May a nonlicensee mail a firearm through the U.S. Postal Service?
A nonlicensee may mail a May a nonlicensee ship a firearm by common or contract carrier?or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms. Handguns may not be mailed. A common or contract carrier must be used to ship a handgun.
May a nonlicensee ship a firearm by common or contract carrier?
A nonlicensee may ship a firearm by a common or contract carrier to a resident of his or her or her own State or to a licensee in any State. A common or contract carrier must be used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm or ammunition, prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm and requires obtaining written acknowledgement of receipt.
To whom may an unlicensed person transfer firearms under the GCA?
A person may transfer a firearm to an unlicensed resident of his or her 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 his or her 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 he or she or she does 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.
Where can a Federal firearms licensee get ATF Forms 4473?
ATF Forms 4473 are available free of charge from the ATF Distribution Center. Forms may be ordered online at www.atf.gov. Please order a quantity of forms estimated for 6 months use.
May aliens legally in the United States purchase firearms?
An alien legally in the U.S. is not prohibited from purchasing firearms unless the alien is admitted into the U.S. under nonimmigrant visa and does not meet one of the exceptions as provided in 18 U.S.C. 922(y)(2), such as possession of a valid hunting license or permit.
May an individual between the ages of 18 and 21 years of age acquire a handgun from an unlicensed individual who is also a resident of that same State?
An individual between 18 and 21 years of age may acquire a handgun from an unlicensed individual who resides in the same State, provided the person acquiring the handgun is not otherwise prohibited from receiving or possessing firearms under Federal law. A Federal firearms licensee may not, however, sell or deliver a firearm other than a shotgun or rifle to a person the licensee knows or has reasonable cause to believe is under 21 years of age. There may be State or local laws or regulations that govern this type of transaction.
How may an unlicensed person receive a firearm in his or her State that he or she or she purchased from an out-of-State source?
An unlicensed person who is not prohibited from receiving or possessing firearms may purchase a firearm from an out-of-State source, provided the transfer takes place through a Federal firearms licensee in his or her State of residence.
Can a person prohibited by law from possessing a firearm own a black powder firearm?
Because black powder firearms are considered antique firearms, the possession of a black powder firearm by a person subject to Federal firearms disabilities is not prohibited by the GCA. However, a person subject to Federal firearms disabilities may not receive and/or possess black powder firearms that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof which are classified as "firearms." Additionally, State law may prohibit the possession of a black powder firearm by persons who are not Federally prohibited from possessing them. Please contact your State Attorney General's Office for information regarding black powder firearms.
Is there a way for a prohibited person to restore his or her right to receive or possess firearms and ammunition?
Currently no. Although Federal law provides a means for the relief of firearms disabilities, since October 1992, ATF's annual appropriation has prohibited the expending of any funds to investigate or act upon applications for relief from Federal firearms disabilities submitted by individuals. As long as this provision is included in current ATF appropriations, the Bureau cannot act upon applications for relief from Federal firearms disabilities submitted by individuals.
Does a licensee have to record firearms acquired prior to obtaining the license in his or her acquisition and disposition record?
Firearms acquired by a licensee prior to obtaining a license must be recorded as business inventory in the acquisition and disposition record if the licensee intends to sell the firearm. All firearms acquired after obtaining a firearms license must be recorded as an acquisition in the acquisition and disposition record as business inventory.
What constitutes residency in a State?
For GCA purposes, a person is a resident of a State in which he or she is present with the intention of making a home in that State. The State of residence for a corporation or other business entity is the State where it maintains a place of business. A member of the Armed Forces on active duty is a resident of the State in which his or her or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member's permanent duty station is in a nearby State to which he or she or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained.
May a licensee sell a firearm to a nonlicensee who is a resident of another State?
Generally, a firearm may not lawfully be sold by a licensee to a nonlicensee who resides in a State other than the State in which the seller's licensed premises is located. However, the sale may be made if the firearm is shipped to a licensee whose business is in the purchaser's State of residence and the purchaser takes delivery of the firearm from the licensee in his or her State of residence. In addition, a licensee may sell a rifle or shotgun to a person who is not a resident of the State where the licensee's business premises is located in an over-the-counter transaction, provided the transaction complies with State law in the State where the licensee is located and in the State where the purchaser resides.
May an unlicensed person acquire a firearm under the GCA in any State?
Generally, a person may only acquire a firearm within the person's own State. Exceptions include the acquisition pursuant to a lawful bequest, or an over-the-counter acquisition of a rifle or shotgun from a licensee where the transaction is allowed by the purchaser's State of residence and the licensee's State of business. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.
May a person who resides in one State and owns property in another State purchase a firearm in either State?
If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a firearm in that State. However, simply owning property in another State does not alone qualify the person to purchase a firearm in that State.
Must a licensed importer's, manufacturer's, or dealer's records be surrendered to ATF if the licensee discontinues business?
If the business is being discontinued completely, the licensed dealer, manufacturer or importer is required to submit all records to ATF within 30 days.
If a buyer or transferee is unable to read and or write but wants to purchase a firearm, how may the transfer legally be completed?
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.
If a licensee notices an error on the ATF Form 4473 after the transfer, what is the procedure to record the correct information?
If the licensee or the buyer/transferee discovers that an ATF Form 4473 is incomplete or improperly completed after the firearm(s) has been transferred, the licensee should photocopy the inaccurate form and make any necessary additions or revisions to the photocopy. The buyer/transferee should only make changes to Sections A and C. The licensee 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 ATF Form 4473 and retained as part of the licensee's permanent records.
Do licensees need to keep records of acquisition and disposition for ammunition?
Licensees are required to keep records for armor piercing ammunition.
How long are licensees required to maintain ATF Forms 4473?
Licensees shall retain each ATF Form 4473 for a period of not less than 20 years after the date of sale or disposition. Where a licensee has initiated a NICS check for a proposed firearms transaction, but the sale, delivery, or transfer of the firearm is not made, the licensee shall record any transaction number on the Form 4473, and retain the Form 4473 for a period of not less than 5 years after the date of the NICS inquiry.
Does an individual need a license to make a firearm for personal use?
No, a license is not required to make a firearm solely for personal use. However, a license is required to manufacture firearms for sale or distribution. The law prohibits a person from assembling a non-sporting semiautomatic rifle or shotgun from 10 or more imported parts, as well as firearms that cannot be detected by metal detectors or x-ray machines. In addition, the making of an NFA firearm requires a tax payment and advance approval by ATF.
Does an importer or manufacturer of firearms also need a dealer's license?
No, as long as the importer or manufacturer is engaged in the business of dealing in firearms at the licensed premises in the same type of firearms authorized by the importer's or manufacturer's license.
May a person obtain a dealer's license to engage in business only at gun shows?
No. A license may only be issued for a permanent premises at which the license applicant intends to do business. A person having such license may conduct business temporarily at gun shows located in the State in which the licensed premises is located, and sell and deliver curio or relic firearms to other licensees at any location.
May an ATF Form 4473 be completed for the transfer of a firearm by a person holding a Power of Attorney?
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.
May one license cover several locations?
No. A separate license must be obtained for each location. However, separate facilities solely to store firearms are not required to be covered by a separate license, although the records maintained at the licensed premises must reflect all firearms held in the separate storage facility.
Do law enforcement officers who are subject to restraining orders and who receive and possess firearms for purposes of carrying out their official duties violate the law?
No. Although generally the GCA prohibits the receipt and possession of firearms and ammunition by persons subject to disqualifying restraining orders, the GCA does not prohibit a law enforcement officer subject to a restraining order from receiving or possessing firearms or ammunition for use in performing official duties. Possession of the firearm for official purposes while off duty would be lawful if such possession is required or authorized by law or by official departmental policy. An officer subject to a disabling restraining order would violate the law if the officer received or possessed a firearm or ammunition for other than official use.
Is a Social Security card a proper means of identification for purchasing a firearm from a licensee?
No. An identification document must contain the name, residence address, date of birth and photograph of the holder. A Social Security card does not, by itself, contain sufficient information to identify a firearms purchaser. However, a purchaser may be identified by any combination of government-issued documents which together establish all of the required information.
Do antique firearms come within the purview of the GCA?
No. Assuming the antique firearm is not a replica designed or redesigned for using rimfire or conventional centerfire fixed ammunition. The antique firearm also cannot be a black powder muzzle loading weapon that incorporates a firearm frame or receiver, have been converted into a muzzle loading weapon, or uses fixed ammunition (or readily converted to do so). Manufactured in or before 1898.
Are curio or relic firearms exempt from the provisions of the GCA?
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.
Is an ATF Form 4473 required when an unlicensed person sells or disposes a firearm?
No. The ATF Form 4473 is required only for sales or dispositions by a licensed manufacturer, importer, or dealer.
May a licensee create a personal collection to avoid the recordkeeping and NICS background check requirements of the GCA?
No. The law presumes that any firearm transferred to a personal collection for the purpose of willfully evading the restrictions placed upon licensees remains business inventory.
Must a transferee provide his or her social security number on the ATF Form 4473?
No. This information is solicited on an optional basis. However, providing this information will help ensure the lawfulness of the sale and avoid the possibility that the transferee will be incorrectly identified as a felon or other prohibited person.
How does a person register a firearm or remove a name from a firearms registration?
Only those firearms subject to the National Firearms Act (NFA) (e.g., machineguns, short-barreled rifles and shotguns, silencers, destructive devices, and firearms designated as "any other weapons") must be registered with ATF. Firearms registration may be required by State or local law. Any person considering acquiring a firearm should contact his or her State Attorney General's Office to inquire about the laws and possible State or local restrictions.
If a person has been convicted of a disabling offense, is there a means other then relief to have firearms rights restored?
Persons convicted of a Federal offense may apply for a Presidential pardon. 28 CFR Part I specifies the rules governing petitions for obtaining Presidential pardons. You may contact the Pardon Attorney's Office at the U.S. Department of Justice, Washington, DC, to inquire about the procedures for obtaining a Presidential pardon. Persons convicted of a State offense may contact the State Attorney General's Office in the State of their conviction for information concerning the availability of expungements, set asides, pardons and civil rights restoration.
How does one get a license?
Submit ATF Form 7, Application for License, or ATF Form 7CR, Application for License (Collector of Curios or Relics), with the appropriate fee in accordance with the instructions on the form to ATF. An application packet may be obtained by contacting the ATF Distribution Center.
Who signs the ATF Form 4473 for the seller?
The ATF Form 4473 must be signed by the person who verified the identity of the buyer.
What is the licensee's responsibility where an alternate method to maintain records has been authorized?
The ATF letter authorizing the alternate method must be kept at the licensed premises and available for inspection. For businesses with more than a single licensed outlet, each outlet covered by the alternate method must have a copy of the letter authorizing the change.
What is a "bound book?"
The firearms acquisition and disposition (A&D) record, also known as a "bound book", is a permanently bound book or an orderly arrangement of loose-leaf pages which must be maintained at the business premises. The format must follow that prescribed in the regulations and the pages must be numbered consecutively.
What form of identification must a licensee obtain from a transferee of a firearm?
The identification document presented by the transferee must have a photograph of the transferee, as well as the transferee's name, residence address, and date of birth. The identification document must also be valid (e.g., unexpired) and have been issued by a governmental entity for the purpose of identification of individuals. A combination of government issued documents may be used to meet the requirements of an identification document.
What records are licensees required to forward to ATF upon discontinuance of business?
The records consist of the licensee's acquisition and disposition (A/D) records, ATF Forms 4473, ATF Forms 3310.4 (Report of Multiple Sale or Other Disposition of Pistols and Revolvers), ATF Forms 3310.11 (Federal Firearms Licensee Theft/Loss Report), records of importation (ATF Forms 6 and 6A), and law enforcement certification letters.
What recordkeeping procedures should be followed when two unlicensed individuals want to engage in a firearms transaction?
When a transaction takes place between unlicensed persons who reside in the same State, the GCA does not require any record keeping. An unlicensed person may sell a firearm to another unlicensed person in his or her 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.
Are there persons who cannot legally receive or possess firearms and/or ammunition?
Yes, a person who — (1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year; (2) Is a fugitive from justice; (3) Is an unlawful user of or addicted to any controlled substance; (4) Has been adjudicated as a mental defective or has been committed to a mental institution; (5) Is an alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa; (6) Has been discharged from the Armed Forces under dishonorable conditions; (7) Having been a citizen of the United States, has renounced his or her citizenship; (8) Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner issued after a hearing at which notice was given to the person and at which the person had an opportunity to participate, and includes a finding that the person subject to the order represents a credible threat to the intimate partner or child or the intimate partner OR explicitly prohibits the use, attempted use, or threatened use of force against the partner; or (9) Has been convicted of a misdemeanor crime of domestic violence cannot lawfully receive, possess, ship, or transport a firearm or ammunition, is prohibited from shipping, transporting, possessing, or receiving firearms and ammunition. A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding 1 year cannot lawfully ship, transport, or receive a firearm or ammunition. Such persons may continue to lawfully possess firearms and ammunition obtained prior to the indictment or information, but cannot do so once the conviction becomes final.
May a licensee store personal firearms at the business premises?
Yes, however, such firearms must be kept segregated from the licensee's business inventory.
Do licensees need to record the rental of a firearm in the acquisition and disposition (A&D) record?
Yes, if the firearm is taken off the premises of the licensee. However, no disposition entry is required for the loan or rental of a firearm for use only on the premises of the licensee.
May an unlicensed person obtain ammunition from an out-of-State source?
Yes, provided he or she or she is not prohibited from possessing or receiving ammunition.
Does the GCA regulate ammunition businesses?
Yes. A license is required to import or manufacture ammunition. However, a license is not required to deal only in ammunition. Ammunition includes cartridge cases, primers, bullets or propellant powder designed for use in any firearm other than an antique firearm.
May a nonlicensee ship firearms interstate for his or her use in hunting or other lawful activity?
Yes. A person may ship a firearm to himself or herself in care of another person in the State where he or she or she intends to hunt or engage in any other lawful activity. The package should be addressed to the owner "in the care of" the out-of-State resident. Upon reaching its destination, persons other than the owner may not open the package or take possession of the firearm.
May a person who is relocating out-of-State move firearms with other household goods?
Yes. A person who lawfully possesses a firearm may transport or ship the firearm interstate when changing his or her State of residence. If using a moving company, the person must notify the mover that firearms are being transported. Certain NFA firearms must have prior approval from ATF before such firearms may be moved interstate. He or she or she should also check State and local laws where relocating to ensure that movement of firearms into the new State does not violate any State law or local ordinance.
If a person timely files an application for renewal of a license and the present license expires prior to receipt of the new license, may the person continue to conduct the business covered by the expired license?
Yes. A person who timely files an application for renewal of a license may continue operations authorized by the expired license until final action is taken on the application. If a person does not timely file a license renewal application and the license expires, the person must file a new ATF Form 7, Application for License, or an ATF Form 7CR, Application for License (Collector of Curios or Relics), as required by 27 CFR 478.44.
Must a person obtain his or her own firearms license if he or she purchases an existing firearms business?
Yes. Each person intending to engage in business as a firearms dealer, importer or manufacturer, or an ammunition importer or manufacturer must obtain the required Federal firearms license prior to commencing business.
May a parent or guardian purchase firearms or ammunition as a gift for a juvenile (less than 18 years of age)?
Yes. However, persons less than 18 years of age may only receive and possess handguns with the written permission of a parent or guardian for limited purposes, e.g., employment, ranching, farming, target practice or hunting.
May a licensee sell firearms to law enforcement agencies and individual officers?
Yes. Law enforcement officers purchasing firearms for official use who provide a licensee with a certification on agency letterhead that the officer will use the firearm in official duties and that a records check reveals the purchasing officer has no convictions for misdemeanor crimes of domestic violence are not required to complete a ATF Form 4473 or undergo a background check. An officer purchasing a firearm for official duties may purchase the firearm from a licensee in any State, regardless of where the officer resides or the agency is located. Disposition of a firearm to an officer must be entered into the licensee's acquisition and disposition record, and the certification letter used to purchase the firearm must be retained in the licensee's files.
Does a person need to obtain a new license if an existing firearms business is moved to a new location?
Yes. To change a business location, a licensee must file an application for an amended license, ATF Form 5300.38, not less than 30 days prior to the move. An amended license must be obtained before commencing business at the new location. Once the new license is obtained, the licensee may no longer conduct business at the former business premises.