National Instant Criminal Background Check System (NICS)
Yes. The exemption from completing an ATF Form 4473 and a NICS check applies only to the person/entity holding the license, not to individual officers or employees of the person/entity holding the license.
[18 U.S.C. 921(a)(1); 27 CFR 478.11]
Depending on how the organization arranges for the firearms to be transferred to the raffle winner, the licensee’s participation may vary.
Example 1
A licensee transfers a firearm to the organization sponsoring the raffle. The representative acting on behalf of the organization must complete the ATF Form 4473 and undergo a NICS background check.
When the buyer of a firearm is a corporation, association, or other organization, an officer or other representative authorized to act on behalf of the organization must complete the form with his or her personal information and attach a written statement, executed under penalties of perjury, stating that the firearm is being acquired for the use of the organization and the name and address of the organization.
Once the firearm had been transferred to the organization, the organization can subsequently transfer the firearm to the raffle winner without an ATF Form 4473 being completed or a NICS check being conducted. This is because the organization is not a licensee.
However, the organization cannot transfer the firearm to a person who is not a resident of the organization’s state of residence nor can the organization knowingly transfer the firearm to a prohibited person.
Example 2
The licensee or a representative of the licensee brings a firearm to the raffle so that the firearm can be displayed. After the raffle, the firearm is returned to the licensee’s premises. The licensee must complete an ATF Form 4473 and conduct a NICS background check prior to transferring the firearm to the winner of the raffle.
If the firearm is a handgun, the winner of the raffle must be a resident of the state where the transfer takes place, or the firearm must be transferred through another licensee in the winner’s state of residence.
If the firearm is a rifle or shotgun, the licensee can lawfully transfer the firearm to the winner of the raffle as long as the transaction is over-the-counter and complies with the laws applicable at the place of sale and the state where the transferee resides.
Example 3
If the raffle meets the definition of a qualifying event, the licensee may conduct business at that event.
Please note, if the organization’s practice of raffling firearms rises to the level of being engaged in the business of dealing in firearms, the organization must get its own federal firearms license.
[18 U.S.C. 922(a)(5), 922(b)(3), 922(t), and 923(j); 27 CFR 478.99, 478.100, 478.102, and 478.124]
NFA (non-licensees)
No. A firearm that was originally a rifle would be classified as a “weapon made from a rifle” if it has either a barrel less than 16 inches in length or an overall length of less than 26 inches. If an individual wishes to make an NFA firearm, they must first submit ATF Form 1 (Application to Make and Register a Firearm), pay a $200.00 making tax, and receive approval of the application from ATF before converting the firearm.
[18 U.S.C. § 921(a)(3); 26 U.S.C. § 5845(a)(3)-(4)]
The National Firearms Act (NFA) contains no minimum age in regard to the possession of NFA firearms. Regardless, federal firearms law prohibits a licensed importer, manufacturer, dealer or collector (i.e., licensees) from selling or delivering any firearm or ammunition to any individual that the federal licensee knows or has reasonable cause to believe is less than 18 years of age. Federal firearms law further provides that a licensee shall not sell or deliver any firearm or ammunition that is other than a shotgun or rifle or ammunition for a shotgun or rifle to any individual that the federal licensee knows or has reasonable cause to believe is less than 21 years of age.
[27 CFR § 478.99(b)]
A registered possessor of an NFA firearm, other than a federal firearms licensee/special occupational taxpayer (FFL/SOT), may not lawfully transport in interstate or foreign commerce any destructive device, machinegun, short-barreled shotgun or short-barreled rifle without prior written approval of ATF, specifically the NFA Branch.
Approval for the transportation may be obtained by either a written request, or an approved application filed with ATF on Form 5320.20, Application to Transport Interstate or to Temporarily Export Certain NFA Firearms. Please note that applications to transport NFA firearms will be approved only if consistent with all state and local laws.
[18 U.S.C. § 922(a)(4); 27 CFR § 478.28]
The NFA defines shotgun, in part, as a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of projectiles (ball shot) or a single projectile for each pull of the trigger.
A shotgun is a firearm subject to the NFA if the shotgun has a barrel or barrels of less than 18 inches in length. A weapon made from a shotgun is also a firearm subject to the NFA if the weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length.
[26 U.S.C. §§ 5845(a)(1)-(2), (d)]
A rifle is defined, in part, as a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.
A rifle is subject to the NFA only if the rifle has a barrel or barrels of less than 16 inches in length. A weapon made from a rifle is also a firearm subject to the NFA if the weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length.
[26 U.S.C. §§ 5845(a)(3)-(4), (c)]
A person not otherwise prohibited by federal, state or local law from possessing firearms may submit an application to make an NFA firearm, other than a machine gun as prescribed by the Gun Control Act of 1968, as amended, at 18 U.S.C. § 922(o).
The application process requires the applicant to submit ATF Form 1, Application to Make and Register a Firearm, in duplicate, along with FBI FD-258, Fingerprint Card, in duplicate, and payment of the $200 making tax.
[27 C.F.R. §§ 479.62-65]
The firearm must be registered because such a firearm constitutes “any other weapon” (AOW) as defined in the National Firearms Act (NFA) at 26 U.S.C. § 5845(e).
To lawfully add a vertical fore grip to a handgun, a person must submit an ATF Form 1, Application to Make and Register a Firearm along with a fingerprint card bearing the applicant’s fingerprints, a photograph, and $200 making tax. An applicant’s ATF Form 1 will be approved if the applicant is not prohibited from possessing a firearm under federal, state, or local law, and the applicant’s possession of AOW is not prohibited in the applicant’s state of residence. An applicant may only add a vertical fore grip to the handgun designated on his/her Form 1 only after the applicant’s Form 1 is approved by ATF.
[26 U.S.C. § 5845(e)]
Assuming that the firearm was originally a pistol, the resulting firearm, with an attached shoulder stock, is not an NFA firearm if it has a barrel of 16 inches or more in length.
Pursuant to ATF Ruling 2011-4, such rifle may later be unassembled and again configured as a pistol. Such configuration would not be considered a “weapon made from a rifle” as defined by 26 U.S.C. § 5845(a)(4).
[26 U.S.C. § 5845, 27 CFR § 479.11]
An individual who is not prohibited by federal, state or local law from receiving or possessing firearms may lawfully obtain an NFA firearm in one of two ways:
- An approved transfer of a registered NFA firearm from its lawful owner, which requires ATF Form 4, Application for Tax Paid Transfer and Registration of a Firearm; or,
- An approved making of an NFA firearm, which requires ATF Form 1, Application to Make and Register a Firearm.
[26 U.S.C. § 5812, 5822; 27 CFR § 479.62-66, 479.84-86]
NFA application status depends on the type of transaction or ATF form that is used because each form has different requirements and different processes that require different processing times. NFA applications begin processing when the applicable form is entered into the National Firearms Registration Transfer Records database (NFRTR), at which point the application enters a “Pending” status until reviewed by an ATF Legal Instruments Examiner.
The time required to process an NFA application depends upon many factors including the particular ATF form used, the volume of forms submitted from throughout the country, any errors on forms, and complexities with background checks or the legal status of corporations, trusts or other legal entities.
Nonimmigrant Aliens
An alien admitted to the United States under a nonimmigrant visa is prohibited from shipping, transporting, receiving, or possessing a firearm or ammunition unless the alien falls within one of the exceptions provided in 18 U.S.C. 922(y)(2), such as: a valid hunting license or permit, admitted for lawful hunting or sporting purposes, certain official representatives of a foreign government, or a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business.
[18 U.S.C. 922(g)(5)(B) and 922(y)(2); 27 CFR 478.11 and 478.32]
A nonimmigrant alien that possesses a valid hunting license from a state within the United States, or falls within any of the other exceptions or exemptions that allow nonimmigrant aliens to possess firearms, may rent firearms to hunt or to use at a shooting range.
[18 U.S.C. 922(a)(5) and (9), 922(g)(5)(B) and 922(y); 27 CFR 478.99(a) and (c)(5)]
An alien that temporarily imports a firearm into the United States must remove the firearm from the country at the conclusion of the visit.
Yes. National Firearms Act weapons (which include machineguns, short-barreled rifles and shotguns, and silencers); nonsporting firearms; U.S. government origin firearms or firearms that contain U.S. government origin manufactured parts or components; and firearms from certain proscribed countries may not be temporarily imported.
If you think the firearm(s) you wish to import may be affected by these restrictions, please contact the Firearms and Explosives Imports Branch by phone at (304) 616-4550 or by email at imports@atf.gov.
[18 U.S.C. 922(l) and 925(d); 26 U.S.C. 5844; 27 CFR 447.52 and 447.57; 27 CFR 478.111; 27 CFR 479.111]
No. Because antique firearms are not considered firearms for purposes of the Gun Control Act (GCA), none of the import regulations apply to the importation of antique firearms. Moreover, a nonimmigrant alien may possess antique firearms, even if the alien does not fall within an exception to the nonimmigrant alien prohibition.
[18 U.S.C. 921(a)(3) and (a)(16); 27 CFR 478.11]
The ATF Form 6 NIA is valid for one year from the date of approval. For conditions on importation, see the instructions on the Form 6 NIA.
No. Because you are only importing the firearms temporarily, you do not need to complete an ATF Form 6A or provide it to CBP.
[27 CFR 478.120]
When entering the United States, an alien must show CBP both the approved Form 6 NIA (5330.3D) permit, and if admitted to the United States under a nonimmigrant visa, appropriate documentation demonstrating you fall within an exception to the nonimmigrant alien prohibition.
Yes. All nonimmigrant aliens (with a few exceptions ) must obtain an import permit from ATF to temporarily import firearms and ammunition for hunting or other lawful sporting purposes. Please note this requirement applies to all nonimmigrant aliens, not all nonresidents (e.g., it does not apply to U.S. citizens residing abroad).
The form to be filed with ATF is an ATF Form 6 NIA (5330.3D) Application/Permit for Temporary Importation of Firearms and Ammunition by Nonimmigrant Aliens, with documentation demonstrating that you fall within an exception to the nonimmigrant alien prohibition. The form is both the application and, once approved, the permit you present to the U.S. Customs and Border Protection when you enter the United States. The Form 6 NIA can be downloaded at www.atf.gov.
Yes. All non-U.S. citizens need an alien number or admission number to purchase a firearm from a federal firearms licensee (FFL). A FFL cannot complete the sale without an alien or admission number. This is the case even if you have a state permit that ATF has determined qualifies as a "NICS alternative" and therefore do not need to have a NICS background check.
No. A valid, unexpired hunting license or permit from any state within the United States satisfies the hunting license exception to the nonimmigrant alien prohibition. The hunting license or permit does not have to be from the state where the nonimmigrant alien is purchasing the firearm.
No. The possessor of a "green card" is a permanent resident and not in nonimmigrant status.
