ATF

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Bureau of Alcohol, Tobacco, Firearms and Explosives

Washington, DC 20226

October 30, 1998

Open Letter to All Utah Federal Firearms Licensees

Permanent Provisions of the Brady Law

The purpose of this letter is to advise you of your responsibilities under the permanent provisions of the Brady law, 18 U.S.C. § 922(t). On November 30, 1998, the interim provisions of the Brady law will cease to apply, and the permanent provisions of the Brady law will take effect.

The permanent provisions of the Brady law provide for the establishment of a national instant criminal background check system (NICS) that licensees must contact before transferring any firearm to unlicensed individuals. While the interim provisions apply only to handguns, the permanent provisions of Brady will apply to all firearms. In addition, under permanent Brady there will no longer be an exemption for the redemption of a firearm from pawn.

Notification from the Attorney General

On October 30, 1998, the Department of Justice published a final rule in the Federal Register, announcing the establishment of the NICS as of October 31, 1998. Accordingly, licensees will be required to comply with permanent Brady as of November 30, 1998. Copies of the Justice Department’s final rule are available on DOJ’s Home Page on the Internet at http://www.fbi.gov/programs/nics/index.htm, and DOJ is mailing copies of the final rule to licensees.

Initiation of NICS Checks

The State of Utah will act as the point of contact for NICS checks for all firearms transactions. To request a NICS check for any firearm transaction you must contact the Utah Department of Public Safety by dialing 1-800-500-GUNS (1-800-500-4867). Licensees in Salt Lake City should dial 801-965-GUNS (801-965-4867).

Transfers Subject to NICS Check Requirement

As of November 30, 1998, you will be required to initiate a NICS check prior to transferring a firearm to anyone who is not a licensee. The following steps must be followed prior to transferring a firearm:

  1. Have the transferee complete and sign ATF Form 4473, Firearms Transaction Record.
  2. Verify the identity of the transferee through a Government-issued photo identification (for example, a driver’s license).
  3. Contact NICS through the Utah Department of Public Safety. You will get either a “proceed,” “denied” or “delayed” response from the system. If you get a “delayed” response and there is no additional response from the system, the Brady law provides that you may transfer the firearm after three business days have elapsed. Please note however, that you must still comply with Utah law, which provides that if you get a “delayed” response you shall not transfer or sell any firearm to any person until you receive an “approval” from the Department of Public Safety. The Department of Public Safety will give you an estimated length of such a delay.
  4. If you have initiated a NICS check for a proposed firearms transaction, but the transfer of the firearm is not completed, you must retain the Form 4473 in your records for a period of not less than 5 years. If the transfer is completed, the Form 4473 must be retained for at least 20 years.

Alternatives to a NICS Check

The Brady law provides that certain permits may qualify as alternatives to a NICS check. The concealed weapons permit in your State qualified as an alternative to a background check under the interim provisions of Brady, and will continue to qualify as an alternative to the NICS check required by permanent Brady. Of course all such transactions must still comply with State law.

If you transfer a firearm to an unlicensed person pursuant to the permit alternative, you must comply with the following requirements:

  1. Have the transferee complete and sign ATF Form 4473, Firearms Transaction Record.
  2. Verify the identity of the transferee through a Government-issued photo identification (for example, a driver’s license).
  3. Verify that the permit was issued within the past 5 years by the State in which the transfer is to occur, and that the permit has not expired under State law.
  4. Either retain a copy of the transferee’s permit and attach it to the Form 4473, or record on the Form 4473 any identifying number from the permit, the date of issuance, and the expiration date of the permit.

Final Regulations and Forms 4473

On October 29, 1998, ATF published final regulations implementing the permanent provisions of the Brady law. ATF has also modified ATF Form 4473, Firearms Transaction Record, to reflect the changes in the background check system. A copy of these regulations and a small supply of Forms 4473 will be mailed to each licensee under separate cover before November 30, 1998.

Questions

If you have any questions, please contact your local ATF office or the Utah Department of Public Safety.

Jimmy Wooten
Assistant Director
Firearms, Explosives and Arson