Auctioneers
Generally no, because most auctions do not qualify as a gun show or qualifying event and therefore a licensee would not be permitted to conduct business away from the licensed premises.
[18 U.S.C. 923(j); 27 CFR 478.100]
Collectors
No. A licensed collector has the same status under the Gun Control Act (GCA) as a nonlicensee except for transactions in curio or relic firearms.
[27 CFR 478.93]
Curio and relic (C&R) firearms are defined as firearms which are of special interest to collectors because they possess some qualities not ordinarily associated with firearms intended for sporting use or as offensive or defensive weapons.
To be recognized as a curio or relic, firearms must fall within one of the following categories:
- Firearms manufactured at least 50 years prior the current date, but not including replicas thereof;
- Firearms certified by the curator of a municipal, state, or federal museum which exhibits firearms to be curios or relics of museum interest; and
- Firearms which derive a substantial part of their monetary value from the fact that they are novel, rare, or bizarre or from the fact of their association with some historical figure, period, or event.
ATF has recognized only complete, assembled firearms as curios or relics. ATF’s classification of surplus military firearms as curios or relics has extended only to those firearms in their original military configuration. Frames or receivers of curios or relics are not generally recognized as curios or relics.
Collectors wishing to obtain a determination whether a particular firearm qualifies for classification as a curio or relic may submit a written request for a determination to ATF’s Firearms Technology Branch. ATF’s classifications of curios and relics firearms are published in ATF Publication 5300.11.
Yes. A person may obtain a collector’s license. However, this license applies only to transactions in curio or relic firearms.
[18 U.S.C. 921(a)(13), 923(b); 27 CFR 478.41(c), (d), and 478.93]
No. A dealer’s license must be obtained to engage in the business of dealing in any firearms, including curios or relics.
[18 U.S.C. 922(a) and 923(a); 27 CFR 478.41(d)]
No. However, licensed collectors are required to keep an acquisition and disposition (A&D) record.
[18 U.S.C. 923(g)(2); 27 CFR 478.125(f)]
No. However, it is unlawful for any person to transfer a firearm to any person knowing or having reasonable cause to believe that such person is a felon or is within any other category of person prohibited from receiving or possessing firearms.
[18 U.S.C. 922(d) and 922(t)(1); 27 CFR 478.32(d) and 478.102]
Licensed collectors are required to comply with written notification to unlicensed individuals upon delivery of a handgun. However, the sign posting requirement does not apply to licensed collectors.
[27 CFR 478.103]
No. Licensed collectors are not required to submit their acquisition and disposition (A&D) records to ATF upon discontinuance of their collecting activity.
[18 U.S.C. 923(g)(4); 27 CFR 478.127]
Firearms and Ammunition Technology Division (FATD) classifications determine whether or not a firearm is regulated under the Gun Control Act or National Firearms Act (NFA). FATD also evaluates firearms (and other defense articles) for suitability to be imported and conducts examinations of ammunition.
Please be aware that FATD does not make determinations based on drawings, photographs, written descriptions, or diagrams. In order to render an appropriate classification, please ship the physical item and any supporting information to the following address:
Bureau of Alcohol, Tobacco, Firearms, and Explosives
Firearms & Ammunition Technology Division
244 Needy Road
Martinsburg, WV 25405
Please ship your item to FATD with a prepaid return shipping label with tracking for the return of your item. Providing a shipping account number instead of a trackable prepaid shipping label will not be accepted.
The U.S. 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.
You cannot ship a handgun or ammunition through the U.S. Postal Service. A commercial carrier must be used to ship a handgun. Please check with the specific carrier before shipping to ensure your package meets all of legal requirements.
Do not use packing peanuts or similar types of packing material that may become lodged into moving parts of the item or device and cause safety issues. Small parts and pieces must be placed into a sealed zip-lock type clear plastic bag to prevent loss.
FATD may be unable to return the sample if the item is classified as an unregistered NFA weapon (machinegun, silencer, short barreled rifle, short barreled shotgun, etc.), or any other legally prohibited item.
Conduct of Business
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.
Yes. Neither the GCA nor its implementing regulations require firearms be shipped only to the licensed business premises. Therefore, a licensee may lawfully receive firearms at the licensee’s mailing address, storage location, or other address where the licensee intends to ensure safe and secure receipt of the firearms.
A licensee selling or disposing of firearms to another licensee must verify the licensed status of the transferee by having the transferee furnish 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]
[18 U.S.C. 922(a)(1), (b)(3), 923(a) and (j); 27 CFR 478.100]
Firearms received for sale on consignment must be entered in the licensee’s acquisition and disposition record. The sale of a consignment firearm is handled in the same manner as other firearm sales.
Return of any consigned firearms by the licensee to the consignor must be entered in the licensee’s disposition record. An ATF Form 4473 and a NICS check must be completed prior to the return of such firearms.
[18 U.S.C. 923(g); 27 CFR 478.122, 478.123, 478.124 and 478.125]
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]
Yes. The requirement to give written notification applies when the licensee delivers a handgun to a nonlicensee.
[27 CFR 478.103]
Yes. Under the Gun Control Act (GCA), shotguns and rifles, and ammunition for shotguns or rifles may be sold only to individuals 18 years of age or older. All firearms other than shotguns and rifles, and all ammunition other than ammunition for shotguns or rifles may be sold only to individuals 21 years of age or older. Licensees are bound by the minimum age requirements established by the GCA regardless of state or local law. However, if state law or local ordinances establish a higher minimum age for the purchase or disposition of firearms, the licensee must observe the higher age requirement.
[18 U.S.C. 922(b)(1) and (b)(2); 27 CFR 478.99(b)]
Please click here for answers to frequently asked questions in regards to theft and loss of firearms in transit.
Yes. It is unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver any firearm 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, delivery or other disposition.
[18 U.S.C. 922(b)(2); 27 CFR 478.99(b)(2)]
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 (888) 930-9275 and by preparing and submitting ATF Form 3310.11, Federal Firearms Licensee Firearms Inventory Theft/Loss Report.
The theft or loss of NFA firearms should also be reported to the NFA Branch immediately upon discovery. The NFA Branch can be contacted at (304) 616-4500.
[18 U.S.C. 923(g)(6); 27 CFR 478.39a and 479.141]
Yes. Licensees may mail an unloaded handgun to another licensee in customary trade shipments. Handguns may also 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.
[18 U.S.C. 1715]
The licensee should note “stolen” or “lost” and the date in the disposition section of the acquisition and disposition record for each firearm stolen or lost. In addition, the licensee should also record in the bound book the control number provided by ATF upon notification of the theft or loss.
