Yes. ATF interprets the term “spouse” in 27 CFR 478.56 and 479.42 (as well as 555.59), to mean a same-sex or opposite sex spouse whose marriage is valid in the jurisdiction in which it was performed. A surviving spouse of a deceased licensee may carry on the licensed firearms or explosive business for the remainder of the term of the license as long as the state in which the real or personal property associated with the license is located, including the licensed business premises, recognizes the spouse as an individual with a legal right to the property of the licensed business. ATF regulations do not address the devolution of real or personal property. As provided by regulation, the successor must also furnish the license for that business to ATF for endorsement within 30 days from the date on which the successor begins to carry on the business.
Licensed dealers and pawnbrokers in Arizona, California, New Mexico and Texas received one copy of the ATF Form 3310.12 from ATF via the United States Postal Service. Upon initial receipt, those licensees should immediately photocopy the form and make additional copies as needed. In addition, ATF encourages licensees to access the fillable form through our website at http://www.atf.gov/forms/download/atf-f-3310-12.pdf. The fillable form allows licensees to enter the information, print the completed form and report the multiple sales via e-mail to firstname.lastname@example.org. The Form 3310.12 may also be obtained through the ATF Distribution Center, 1519 Cabin Branch Drive, Landover, MD, 20785, (202) 648-6420, or online at http://www.atf.gov/forms/firearms/. Please note that in response to your order, the ATF Distribution Center will issue a quantity of five Forms to those affected licensees.
ATF encourages that licensed dealers and pawnbrokers retain one copy of the Form 3310.12 and attach it to the Firearms Transaction Record, Form 4473, executed upon delivery of the rifles.
No, licensed dealers and pawnbrokers are not required to submit the Form 3310.12 to their designated state or local law enforcement agencies.
The ATF Form 3310.12 must be submitted to the National Tracing Center no later than the close of business on the day the multiple sale or other disposition took place. The Form may be emailed to email@example.com, faxed to (877) 283-0288, or mailed to the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, National Tracing Center, P.O. Box 0279, Kearneysville, WV 25430-0279.
The Form must be submitted whenever a licensed dealer or pawnbroker sells or otherwise disposes of, at one time or during any five consecutive business days, two or more semiautomatic rifles capable of accepting a detachable magazine, and with a caliber greater than .22 (including .223/5.56 caliber) to an unlicensed person. The Form must be filed with ATF no later than the close of business on the day the multiple sale or other disposition took place.
Yes, multiple sales to law enforcement officers must be reported to ATF.
No, the Form 3310.12 is not required for the return of multiple rifles to the same person from whom they were received—such as the return of multiple consigned, pawned, or repaired rifles.
The reporting requirement is effective for all such sales that occur on or after August 14, 2011. Please note that reporting multiple sales for the specified rifles must continue until ATF provides written notice to stop.
No. Licensees who are subject to the reporting requirement will receive a letter at the premises address indicated on your Federal firearms license notifying you of the reporting requirement and when you are required to begin submitting reports. The letter will be sent via certified mail. Do not submit multiple sales reports unless you receive specific direction from ATF to do so. If you moved to a different address and failed to notify the Federal Firearms Licensing Center (FFLC) as required by 27 C.F.R. § 478.52, you should immediately contact the FFLC at (866) 662-2750.
The reporting of multiple sales for rifles requirement is applicable to licensed dealers and pawnbrokers in Arizona, California, New Mexico and Texas. However, all licensees remain obligated to submit reports of multiple sales or other dispositions of handguns when the licensee sells or otherwise disposes of two or more pistols or revolvers or any combination of pistols or revolvers totaling two or more, to an unlicensed person at one time or during any five consecutive business days. The reporting of multiple sales for pistols and revolvers is a separate requirement from the reporting of multiple sales of certain rifles.
The criteria for rifles that are subject to the multiple sales reports are (1) semiautomatic rifle; (2) capable of accepting a detachable magazine; and (3) caliber greater than .22 (including .223/5.56 caliber). Rifles with receivers that will accept a detachable magazine meet criterion (2). Such rifles include those weapons that have parts and/or accessories that allow the exchange of detachable (including clip or drum-type) magazines, such as the “bullet button.” Contact the Firearms Technology Branch at (304) 616-4300 for determinations as to whether particular rifles are subject to the reporting requirements.
The rifle transactions that must be reported are dispositions of semiautomatic rifles capable of accepting a detachable magazine and with a caliber greater than .22 (including .223/5.56 caliber) to an unlicensed person. However, the reporting requirement does not apply to receivers for such rifles. You may contact the Firearms Technology Branch at (304) 616-4300 if you are unable to determine if the rifles are subject to the reporting requirements.
A1. A multiple sale occurs when a licensed dealer or pawnbroker sells or otherwise disposes of, at one time or during any five consecutive business days, more than one semiautomatic rifle capable of accepting a detachable magazine and with a caliber greater than .22 (including .223/5.56 caliber) to an unlicensed person.
Example 1. A licensee sells two rifles in a single transaction to an unlicensed person. This is a multiple sale and must be reported not later than the close of business on the date of the transaction.
Example 2. A licensee sells a rifle on Monday and sells a rifle on the following Friday to the same unlicensed person. This is a multiple sale and must be reported no later than the close of business on Friday. If the licensee sells another rifle to the same unlicensed person on the following Monday, this would constitute an additional multiple sale and must also be reported not later than the close of business on Monday. In addition, the licensee would check ‘Yes’ in Item 2c and place Friday’s date in Item 2c on the ATF Form 3310.12.
Example 3. A licensee maintaining business hours Monday through Saturday sells a rifle to an unlicensed person on Monday and sells another rifle to the same person on the following Saturday. This does not constitute a multiple sale and need not be reported because the sales did not occur during five consecutive business days.
NOTE: Some possible ways to detect multiple sales include, but are not limited to: (a) daily review of ATF Forms 4473 spanning the past five days; (b) daily review of disposition records spanning the past five days; (c) maintaining a calendar of daily sales to unlicensed persons (ideally with each purchaser listed alphabetically); and (d) maintaining a record of daily sales to unlicensed persons (ideally with each purchaser listed alphabetically)
No. The sign posting requirement does not apply where the licensee only disposes of handguns to non-licensees who do not appear at the licensed premises (for example, the licensee only ships repaired or replacement handguns to non-licensees).
[27 CFR 478.103]
Yes. The requirement to give written notification to non-licensees applies to the return of handguns, as well as to their sale. It applies even if the licensee ships the repaired firearm to the customer.
[27 CFR 478.103]
A licensee must provide the requested information immediately and in no event later than 24 hours after receipt of a request by ATF. Failure to respond to the request for trace information can result in monetary fines, imprisonment, and/or revocation of the licensee’s Federal firearms license.
[18 U.S.C. 923(g)(7), 27 CFR 478.25a]
ATF Form 3310.4 must be completed in triplicate (3 copies). The original is sent to ATF’s National Tracing Center by fax at 1-877-283-0288 or by mail to P.O. Box 0279, Kearneysville, West Virginia 25430-0279. A copy is to be sent to the designated State police or the local law enforcement agency in the jurisdiction where the sale took place. The remaining copy is to be retained in the records of the dealer and held for not less than 5 years.
[27 CFR 478.126a and 478.129]
Take an inventory of stock on hand and enter “stolen” or “lost” and the date in the disposition section of the “bound book” for those stolen or lost firearms. In addition, at the time a licensee reports the theft or loss on the ATF toll free line, the licensee will be provided a control number that should be placed in the records as well as on ATF Form 3310.11, Federal Firearms Licensee Theft/Loss Report.
A theft or loss of firearms must be reported to your local police as well as to ATF within 48 hours after the discovery. Licensees should notify ATF on the 24-hour, 7 days a week toll free line at 1-800-800-3855 and by preparing and submitting ATF Form 3310.11, Federal Firearms Licensee Theft/Loss Report.
Theft or loss of NFA firearms should also be reported to the NFA Branch immediately upon discovery.
[18 U.S.C. 923(g)(6), 27 CFR 478.39 and 479.141]
Federal firearm licensees may send an unloaded handgun in the mail to another FFL in customary trade shipments. Handguns also may be mailed to any officer, employee, agent, or watchman who is eligible under 18 U.S.C. 1715 to receive pistols, revolvers, and other firearms capable of being concealed on the person for use in connection with his or her official duties.
However, postal service regulations must be followed. Any person proposing to mail a handgun must file with the postmaster, at the time of mailing, an affidavit signed by the addressee stating that the addressee is qualified to receive the firearm, and the affidavit must bear a certificate stating that the firearm is for the official use of the addressee. See the current Postal Manual for details.
The Postal Service recommends that all firearms 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. (See also questions “May a nonlicensee ship a firearm through the U.S. Postal Service?” and “May a nonlicensee ship a firearm by common or contract carrier?”)
A licensed dealer may sell and deliver curio or relic firearms to another licensee at an out-of-State gun show. With respect to other firearms transactions, a licensed dealer may only display and take orders for firearms at an out-of-State gun show. In filling any orders for firearms, the dealer must return the firearms to his or her licensed premises and deliver them from that location. Any firearm ordered by a non-licensee must be delivered or shipped from the licensee’s premises to a licensee in the purchaser’s State of residence, and the purchaser must obtain the firearm from the licensee located in the purchaser’s State. Except for sales of curio or relic firearms to other licensees, sales of firearms and simultaneous deliveries at the gun show, whether to other licensees or to non-licensees, violate the law because the dealer would be unlawfully engaging in business at an unlicensed location.
[18 U.S.C. 922(a)(1), (b)(3), 923(a) and (j)]
Generally, a licensee may sell firearms at a gun show located only in the same State as that specified on the seller’s license. However, a licensee may sell curio or relic firearms to another licensee at any location.
[18 U.S.C. 923(j), 27 CFR 478.100]
No. A license is not required for a dealer in ammunition only, but a manufacturer or an importer of ammunition must be licensed.
[18 U.S.C. 922 (a)(1)(B)]
Yes, for a period of 45 days following the expiration date of the license. After the 45-day period, the transferor is required to verify the licensed status of the transferee with the Chief, Firearms Licensing Center. If the transferee’s license renewal application is still pending, the transferor must obtain evidence from the Director of Industry Operations that a license renewal application has been timely filed by the transferee and is still pending.
[27 CFR 478.94]
No. It need only provide the seller a list, certified to be true, correct and complete, containing the name, address, and license number and expiration date for each location.
[27 CFR 478.94]
Verification must be established by the transferee furnishing to the transferor a certified copy of the transferee’s license and by any other means the transferor deems necessary (such as the FFL eZcheck).
[27 CFR 478.94]
Yes, provided the buyer is 18 years of age or older, and the dealer is satisfied that it is for use in a rifle. If the ammunition is intended for use in a handgun, the 21-year-old minimum age requirement is applicable.
[18 U.S.C. 922(b)(1), 27 CFR 478.99(b)]
Yes. Under the GCA, long guns and long gun ammunition may be sold only to persons 18 years of age or older. Sales of handguns and ammunition for handguns are limited to persons 21 years of age and older. Although some State and local ordinances have lower age requirements, dealers are bound by the minimum age requirements established by the GCA. If State law or local ordinances establish a higher minimum age, the dealer must observe the higher age requirement.
[18 U.S.C. 922(b)(1), 27 CFR 478.99(b)]
If you sell or dispose of more than one handgun to any non-licensee during a period of 5 consecutive business days, the sale must be reported on ATF Form 3310.4, Report of Multiple Sale or Other Disposition of Pistols and Revolvers, not later than the close of the business day on which you sold or disposed of the second handgun. The licensee must forward a copy of the ATF Form 3310.4 to the ATF office specified thereon, and another copy must be forwarded to the State police or local law enforcement agency where the sale occurred. A copy of the Form 3310.4 also must be attached to the firearms transaction record, ATF Form 4473, documenting the sale or disposition of the second handgun.
A business day for purposes of reporting multiple sales of pistols or revolvers is a day that a licensee conducts business pursuant to the license, regardless of whether State offices are open. The application of the term “business day” is, therefore, distinguishable from the term “business day” as used in the NICS context. Example: A licensee conducts business only on Saturdays and Sundays, days on which State offices are not open. The licensee sells a pistol to an unlicensed person on a Saturday. If that same unlicensed person acquires another handgun the next day (Sunday), the following Saturday or Sunday, or the Saturday after the reporting requirement would be triggered, the subsequent acquisition of a handgun would have to be reported on a Form 3310.4 by the close of the day upon which the second or subsequent handgun was sold.
[18 U.S.C. 923(g)(3), 27 CFR 478.126a]
Yes, if the employee is not a prohibited person (e.g., a felon). However, to sell handguns, a person less than 18 years of age must have the prior written consent of a parent or guardian and the written consent must be in the person’s possession at all times. Also, the parent or guardian giving the written consent may not be prohibited by law from possessing a firearm. Moreover, State law must not prohibit the juvenile from possessing the handguns or ammunition.
[18 U.S.C. 922(x)]
Yes. Sales and deliveries of firearms to out-of-State police and sheriff departments are not prohibited by the GCA. A dealer may also sell or ship firearms, other than NFA firearms, to an individual law enforcement officer, regardless of age, if the dealer has a signed statement from the officer’s agency, stating that the items are to be used in the buyer’s official duties and that the officer has not been convicted of a misdemeanor crime of domestic violence. No ATF Form 4473 or NICS check is required; however, the bound book must be properly posted, and the signed statement included in the dealer’s records. You should contact your State’s Attorney General’s Office to ensure there is no State prohibition on such sales.
[18 U.S.C. 925(a) (1), 27 CFR 478.134 and 478.141]
Generally, a firearm may not lawfully be sold by a licensed dealer to a non-licensee 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 licensed dealer whose business is in the purchaser’s State of residence and the purchaser takes delivery of the firearm from the dealer 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.
[18 U.S.C. 922(b)(3)]
Yes. It is unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver any firearm or ammunition to any person if the person’s purchase or possession would be in violation of any State law or local published ordinance applicable at the place of sale or delivery.
[18 U.S.C. 922(b)(2), 27 CFR 478.99(b)(2)]
No. A Social Security card, alien registration card, or military identification alone does not 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: Name, residence address, date of birth, and photograph of the holder.
[27 CFR 478.11 and 478.124(c)]