Firearms Questions and Answers

A licensee who receives a firearm for repair or customizing, and who returns a replacement firearm, must record the disposition in the licensee’s acquisition and disposition record. However, no ATF Form 4473 is required if the replacement firearm is returned to the same person from whom the licensee received the firearm being replaced. The replacement firearm must be of the same kind and type.

[18 U.S.C. 922(a)(2)(A); 27 CFR 478.124(a) and 478.147]

No. The multi–licensed business may 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 in lieu of a copy of each license.

[27 CFR 478.94]

Generally, a licensed manufacturer, importer or dealer may sell firearms temporarily at a qualifying gun show or event located within his or her state of licensure. Licensees may, however, sell curio or relic firearms to another licensee at any location.

[18 U.S.C. 923(j), 27 CFR 478.100]

Yes. An individual less than 21 years of age may sell handguns and ammunition suitable for use in handguns. However, 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 a person less than 18 years of age from possessing the handguns or ammunition.

[18 U.S.C. 922(x)]

Yes, provided the buyer is 18 years of age or older, and the licensee is satisfied that the ammunition is for use in a rifle. If the ammunition is intended for use in a handgun, the buyer must be at least 21 years of age.

[18 U.S.C. 922(b)(1); 27 CFR 478.99(b)]

Yes, for a period of 45 days following the date of expiration 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.

[27 CFR 478.94]

Generally, a firearm may not lawfully be sold by a licensee to a nonlicensee 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 licensee whose business is in the purchaser’s state of residence and the purchaser takes delivery of the firearm from the licensee 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); 27 CFR 478.99(a)]

Yes. Law enforcement officers purchasing firearms for official use who provide a licensee with a certification on agency letterhead that the officer will use the firearm in official duties and that a records check reveals the purchasing officer has no convictions for misdemeanor crimes of domestic violence are not required to complete a ATF Form 4473 or undergo a background check. An officer purchasing a firearm for official duties may purchase the firearm from a licensee in any state, regardless of where the officer resides or the agency is located.

Disposition of a firearm to an officer must be entered into the licensee’s acquisition and disposition record, and the certification letter used to purchase the firearm must be retained in the licensee’s files. 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]

No. A license is not required for a dealer in ammunition only. However a license is required to manufacture or import ammunition.

[18 U.S.C. 922 (a)(1)(B); 27 CFR 478.41]]

No. A frame or receiver is a type of firearm “other than a shotgun or rifle” and the transfer by a licensee to an individual less than 21 years of age would be prohibited.

[18 U.S.C. 921(a)(5) and (7) and 922(b)(1); 27 CFR 478.11 and 478.99(b)]

No.

[18 U.S.C. 922(b)(3); 27 CFR 478.99(a)]

Yes. A license is required to import or manufacture ammunition. However, a license is not required to deal only in ammunition. Ammunition includes cartridge cases, primers, bullets or propellant powder designed for use in any firearm other than an antique firearm.

[18 U.S.C. 921(a)(17), 922(a)(1)(B) and 923(a); 27 CFR 478.11]

No, assuming the antique firearm is not a replica designed or redesigned for using rimfire or conventional centerfire fixed ammunition. The antique firearm also cannot be a black powder muzzle loading weapon that incorporates a firearm frame or receiver, have been converted into a muzzle loading weapon, or uses fixed ammunition (or readily converted to do so).

[18 U.S.C. 921(a)(3) and (16); 27 CFR 478.11 and 478.141(d)]

Yes, a person who —

(1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;

(2) Is a fugitive from justice;

(3) Is an unlawful user of or addicted to any controlled substance;

(4) Has been adjudicated as a mental defective or has been committed to a mental institution;

(5) Is an alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa;

(6) Has been discharged from the Armed Forces under dishonorable conditions;

(7) Having been a citizen of the United States, has renounced his or her citizenship;

(8) Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner issued after a hearing

at which notice was given to the person and at which the person had an opportunity to participate, and includes a finding that the person subject to the order represents a credible threat to the intimate partner or child or the intimate partner OR explicitly prohibits the use, attempted use, or threatened use of force against the partner; or

(9) Has been convicted of a misdemeanor crime of domestic violence cannot lawfully receive, possess, ship, or transport a firearm or ammunition,is prohibited from shipping, transporting, possessing, or receiving firearms and ammunition.

A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding 1 year cannot lawfully ship, transport, or receive a firearm or ammunition. Such persons may continue to lawfully possess firearms and ammunition obtained prior to the indictment or information, but cannot do so once the conviction becomes final.

[18 U.S.C. 922(g) and (n); 27 CFR 478.32]

Because black powder firearms are considered antique firearms, the possession of a black powder firearm by a person subject to federal firearms disabilities is not prohibited by the GCA. However, a person subject to federal firearms disabilities may not receive and/or possess black powder firearms that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof which are classified as "firearms." Additionally, state law may prohibit the possession of a black powder firearm by persons who are not federally prohibited from possessing them. Please contact your state's Attorney General’s Office for information regarding black powder firearms.

[18 U.S.C. 921(a)(3) and (16); 27 CFR 478.11 and 478.141(d)]

No, except that frames or receivers of firearms are "firearms" as defined in the law and are subject to the same controls as complete firearms. Certain parts of silencers and machineguns are also regulated as firearms under the GCA, as well as under the National Firearms Act (NFA).

[18 U.S.C. 921(a)(3), (23) and (24); 26 U.S.C. 5845; 27 CFR 478.11 and 479.11]

A person who is prohibited from possessing, shipping, transporting, or receiving firearms or ammunition may make application to the Attorney General for relief from the firearms disability. The Attorney General may grant such relief if it is established to the Attorney General’s satisfaction that the circumstances regarding the disability, and the applicant’s record and reputation, are such that the applicant will not be likely to act in a manner dangerous to public safety and that the granting of relief would not be contrary to the public interest. See 18 U.S.C. § 925(c).

On March 20, 2025, the Department of Justice issued an interim final rule. As a result, ATF no longer has authority to process applications for relief from firearms disabilities. See https://www.federalregister.gov/documents/2025/03/20/2025-04872/withdrawing-the-attorney-generals-delegation-of-authority. For those interested in pursuing relief under Section 925(c), please note the Interim Final Rule’s statement that “the Department anticipates future actions, including rulemaking consistent with applicable law, to give full effect to 18 U.S.C. 925(c) while simultaneously ensuring that violent or dangerous individuals remain disabled from lawfully acquiring firearms.” 90 Fed. Reg. at 13,083.

Persons convicted of a disabling offense may seek to have their firearms rights restored by means other than a federal relief from firearms disabilities pursuant to 18 U.S.C. § 925(c). Other means of restoring firearms rights include:

A person convicted of a federal offense may apply for a presidential pardon. 28 CFR Part I specifies the rules governing petitions for obtaining presidential pardons. You may contact the Pardon Attorney’s Office at the U.S. Department of Justice to inquire about the procedures for obtaining a presidential pardon.

A person convicted of a state offense may contact the State Attorney General’s Office in the state of their conviction for information concerning the availability of expungements, set asides, pardons and civil rights restoration.

Any pardon, expungement, set aside, or restoration of civil rights must completely remove the effects of a prior conviction, including any restrictions on the shipment, transportation, receipt, and possession of firearms, for firearms rights under federal law to be restored.

No, a license is not required to make a firearm solely for personal use. However, a license is required to manufacture firearms for sale or distribution. The law prohibits a person from assembling a non–sporting semiautomatic rifle or shotgun from 10 or more imported parts, as well as firearms that cannot be detected by metal detectors or x–ray machines. In addition, the making of an NFA firearm requires a tax payment and advance approval by ATF.

[18 U.S.C. 922(o), (p) and (r); 26 U.S.C. 5822; 27 CFR 478.39, 479.62 and 479.105]

No. Neither ATF nor any other federal agency issues a permit or license to carry a concealed weapon. Carrying permits may be issued by a state or local government. Please contact your state’s Attorney General’s Office for information regarding permits to carry firearms.

Yes. Licensed gunsmiths are required to comply with written notification to unlicensed individuals upon delivery of a handgun. A gunsmith who transfers handguns to nonlicensees must also comply with the sign posting requirement.

[27 CFR 478.103]