Conduct of Business
A licensee may not allow an individual who is a prohibited person to receive or possess firearms or ammunition, including persons employed by the licensee.
[18 U.S.C. 922(g) or (n), and 2]
Assuming the transfer otherwise complies with federal and state law, a licensee may transfer a firearm to a nonlicensed 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.
In any transaction where a NICS check is required, the firearm must be sold over–the–counter.
[18 U.S.C. 922(c) and 922(t); 27 CFR 478.96 and 478.124; ATF Procedure 2013–2]
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. An example of an acceptable identification document is a current driver’s license.
A combination of government issued documents may be used to meet the requirements of an identification document. For example, a passport which contains the name, date of birth, and photograph of the holder may be combined with a voter or vehicle registration card containing the residence address of the transferee in order to comply with the identification document requirements. A passport issued by a foreign government is also acceptable so long as it has all of the required information.
Whether a hunting license or permit issued by a retailer meets the definition of an identification document is State law specific. This license or permit meets the definition of an identification document if the State in which the retailer is located has authorized the retailer to supply State issued documents. If the State recognizes the hunting license or permit as government issued, then this license or permit would qualify as being government issued for the purposes of supplementing another government issued identification document.
A description of the location of the residence on an identification document, such as a rural route, is sufficient to constitute a residence address provided the purchaser resides in a State or locality where it is considered to be a legal residence address.
[18 U.S.C. 922(t); 27 CFR 478.11 and 478.124]
The following steps must be followed prior to transferring a firearm:
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 National Instant Criminal Background Check System (NICS), and the system has not notified the licensee that the receipt of a firearm by such other person would violate the law. Licensees contacting the FBI directly and receiving a “delayed” response will receive information from the FBI indicating when the 3 business day time period elapses. A licensee may not transfer a firearm where a “denied” response is issued by NICS.
