Licensing
You may avoid delays in the firearm licensing process by obtaining a unique personal identification number (UPIN) which is assigned by the Federal Bureau of Investigation (FBI) during the voluntary appeal file (VAF) process. It’s created for applicants who frequently experience delays or have been wrongfully denied multiple times to purchase a firearm due to a past misdemeanor charge or because an ineligible person has a similar name.
You can apply for the VAF using eVO. You are required to submit your fingerprints as part of your VAF application and you must provide your name, date of birth and signature on your fingerprint card.
During the application process, you will receive an email with an encrypted link and pin to access your application. You must log in to the application at least every 90 days for it to remain active.
Once you apply for the VAF:
- FBI personnel will research your case and assign you a UPIN if you have no firearms prohibitions.
- You will still have to undergo a complete background check to buy a firearm, but the UPIN will help to confirm your identity.
- Your will provide your UPIN during your background check for future firearms transactions.
Visit the FBI’s website for more information on UPIN and VAF.
Machine Guns
Generally, no. However, applications to make and register machine guns on or after May 19, 1986 for the benefit of a federal, state, or local government entity will be approved if documentation can be provided, along with the application to make a machinegun, which establishes that the machine gun is particularly suitable for use by federal, state or local governmental entities and is being made at the request and on behalf of such an entity.
[18 U.S.C. 922(o)(2); 27 CFR 479.105(e)]
Yes. If the machine gun was lawfully registered and possessed before May 19, 1986, it may be transferred pursuant to an approved ATF Form 3 or Form 4, as applicable.
[18 U.S.C. 922(o)(2); 26 U.S.C. 5812]
Manufacturers
Yes. Manufacturers are required to complete the Annual Firearms Manufacturing and Exportation Report (ATF F 5300.11) each year.
[18 U.S.C. 923(g)(5)]
No. A person licensed as a manufacturer of ammunition may not manufacture firearms unless they obtain a license as a firearms manufacturer.
[18 U.S.C. 923; 27 CFR 478.41]
Yes, if the person engages in the business of selling or distributing reloads for the purpose of livelihood and profit.
No, if the person reloads only for personal use.
[18 U.S.C. 922(a) and 923(a); 27 CFR 478.41]
Yes. Licensed manufacturers must pay excise tax on the sale of firearms and ammunition manufactured.
For additional information on excise taxes, contact the Department of Treasury, Alcohol and Tobacco Tax and Trade Bureau.
Yes, licensees must file an Annual Firearms Manufacturers and Export Report (AFMER) form even if the licensee had no manufacturing activity for that reporting period.
[18 U.S.C. 923(g)(5)]
Yes. A separate license is required to cover each of these types of businesses.
[18 U.S.C. 923; 27 CFR 478.41]
Misdemeanor Crime of Domestic Violence
A “misdemeanor crime of domestic violence” is an offense that:
- Is a misdemeanor under federal, state, or tribal law;
- Has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon; and
- Was committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, by a person similarly situated to a spouse, parent, or guardian of the victim, or by a person who has a current or recent former dating relationship with the victim.
The term “dating relationship” means a relationship between individuals who have or have recently had a continuing serious relationship of a romantic or intimate nature.
Whether a relationship constitutes a “dating relationship” shall be determined based on consideration of:
- the length of the relationship;
- the nature of the relationship; and
- the frequency and type of interaction between the individuals involved in the relationship.
A casual acquaintanceship or ordinary fraternization in a business or social context does not constitute a “dating relationship.”
However, a person is not considered to have been convicted of a misdemeanor crime of domestic violence unless:
- The person was represented by counsel in the case, or knowingly and intelligently waived the right of counsel in the case; and
- In the case of a prosecution for which a person was entitled to a jury case was tried, either –
- The case was tried by a jury, or
- The person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise.
In addition, a conviction would not be disabling if it has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the jurisdiction in which the proceedings were held provides for the loss of civil rights upon conviction for such an offense) unless the pardon, expunction, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms, and the person is not otherwise prohibited by the law of the jurisdiction in which the proceedings were held from receiving or possessing firearms.
In the case of a person who has been convicted of a misdemeanor crime of domestic violence against an individual in a dating relationship; a conviction would not be disabling if it has been expunged or set aside, or is an offense for which the person has been pardoned or has had firearms rights restored unless the expungement, pardon, or restoration of rights expressly provides that the person may not ship, transport, possess, or receive firearms. If the person has no more than one such conviction, and is not otherwise prohibited, the person shall not be disqualified from shipping, transport, possession, receipt, or purchase of a firearm if 5 years have elapsed from the later of the judgment of conviction or the completion of the person's custodial or supervisory sentence, if any, and the person has not subsequently been convicted of another such offense, a misdemeanor under Federal, State, Tribal, or local law which has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, or any other offense that would disqualify the person. NICS shall be updated to reflect the status of the person
Restoration after 5 years, as described above, is not available for a current or former spouse, parent, or guardian of the victim, a person with whom the victim shares a child in common, a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or a person similarly situated to a spouse, parent, or guardian of the victim.
[18 U.S.C. 921(a)(33); 18 U.S.C. 921(a)(37); 27 CFR 478.11]
Yes. The Gun Control Act was amended so that employees of government agencies convicted of misdemeanor crimes of domestic violence (MCDV) would not be exempt from disabilities with respect to their receipt or possession of firearms or ammunition.
Thus, law enforcement officers and other government officials who have been convicted of a disqualifying misdemeanor may not lawfully possess or receive firearms or ammunition for any purpose, including performance of their official duties. The disability applies to firearms and ammunition issued by government agencies, purchased by government employees for use in performing their official duties, and personal firearms and ammunition possessed by such employees.
[18 U.S.C. 922(g)(9) and 925(a)(1); 27 CFR 478.32(a)(9) and 478.141]
Yes, assuming a violation of the ordinance meets the definition of “misdemeanor crime of domestic violence” in all other respects.
The law of the jurisdiction determines whether a conviction has occurred. Therefore, if the law of the jurisdiction does not consider the person to be convicted, they would not have the federal disability.
[18 U.S.C. 921(a)(33); 27 CFR 478.11]
No. The “as an element” language in the definition of “misdemeanor crime of domestic violence” (MCDV) only applies to the use of force provision of the statute and not the relationship provision. However, to be disabling, the offense must have been committed by someone whose relationship to the victim meets the definition in the Gun Control Act (GCA).
[18 U.S.C. 921(a)(33); 27 CFR 478.11]
No, as long as the pardon, expungement or restoration does not expressly provide that the person may not ship, transport, possess or receive firearms. A restoration of civil rights, however, is only effective to remove the federal firearms disability if the law of the jurisdiction provides for the loss of civil rights for a conviction of such a misdemeanor.
[18 U.S.C. 921(a)(33); 27 CFR 478.11]
Individuals subject to this disability should immediately dispose of their firearms and ammunition, such as by abandonment to a law enforcement agency.
[18 U.S.C. 922(g)(9); 27 CFR 478.32]
The definition of misdemeanor crime of domestic violence in the Gun Control Act (GCA) includes any offense classified as a “misdemeanor” under federal, state or tribal law. In states that do not classify offenses as misdemeanors, the definition includes any state or local offense punishable by imprisonment for a term of 1 year or less or punishable by a fine.
[18 U.S.C. 921(a)(33); 27 CFR 478.11]
No. A qualifying offense does not need to be designated as a domestic violence offense. For example, a conviction for assault may qualify as an misdemeanor crime of domestic violence even if the offense is not designated as a domestic violence assault.
[18 U.S.C. 921(a)(33) and 922(g)(9); 27 CFR 478.11 and 478.32(a)(9)]
Yes.
Multiple Sales of Firearms
No, the Form 3310.12 is not required for the return of multiple rifles to the same person from whom they were received—such as the return of multiple consigned, pawned, or repaired rifles.
Licensed Type 01 dealers, Type 02 pawnbrokers, Type 07 manufacturers, and Type 08 importers located in Arizona, California, New Mexico, or Texas may download the ATF Form 3310.12 from the ATF website and print for qualifying transactions.
ATF encourages licensees to access the fillable form through our website: the fillable form allows licensees to enter the information, print the completed form and report the multiple sales via email to multiplelonggunsalesforms@atf.gov.
In addition, hard copies of the ATF Form 3310.12 may also be obtained through the ATF Distribution Center at (240) 828-5316. Type 07 manufacturers and Type 08 importers located in Arizona, California, New Mexico, or Texas are encouraged to order forms at their earliest convenience by contacting the ATF Distribution Center at (204) 828-5316 or submitting a fillable online Order Form at ATF’s public website.
ATF requires licensed Type 01 dealers, Type 02 pawnbrokers, Type 07 manufacturers, and Type 08 importers to retain one copy of the ATF Form 3310.12 and attach it to the Firearms Transaction Record, ATF Form 4473, executed upon delivery of the specified rifles.
ATF Form 3310.4 must be completed in triplicate (3 copies). The original is sent to ATF’s National Tracing Center by fax at 1–877–283–0288, by email at MultipleHandgunSalesForms@atf.gov, or by mail to:
U.S. Department of Justice
Bureau of Alcohol, Tobacco, Firearms and Explosives
National Tracing Center
P.O. Box 0279
Kearneysville, WV 25430–0279
A copy is to be sent to the designated state police or the local law enforcement agency in the jurisdiction where the sale took place. The remaining copy is to be attached to the corresponding ATF Form 4473 and retained in the licensee’s records for a period of not less than 5 years.
[27 CFR 478.126a and 478.129]
The disposition of two or more pistols or revolvers to any nonlicensee during a period of 5 consecutive business days must be reported on ATF Form 3310.4, Report of Multiple Sale or Other Disposition of Pistols and Revolvers, not later than the close of the business day on the day of disposition of the second pistol or revolver. The licensee must forward a copy of the Form 3310.4 to the ATF office specified thereon, and another copy must be forwarded to the state police or local law enforcement agency where the sale occurred. A copy of the Form 3310.4 must also be attached to the ATF Form 4473 executed upon delivery of the pistols or revolvers.
A business day for purposes of reporting multiple sales of pistols or revolvers is a day that a licensee conducts business pursuant to the license, regardless of whether state offices are open. The application of the term “business day” is, therefore, distinguishable from the term “business day” as used in the National Instant Criminal Background Check System (NICS) context.
Example: A licensee conducts business only on Saturdays and Sundays, days on which state offices are not open. The licensee sells a pistol to an unlicensed person on a Saturday. If that same unlicensed person acquires another handgun the next day (Sunday), the following Saturday or Sunday, or the Saturday after that, the reporting requirement would be triggered, the subsequent acquisition of a pistol or revolver would have to be reported on a Form 3310.4 by the close of the day upon which the second or subsequent pistol or revolver was sold.
[18 U.S.C. 923(g)(3); 27 CFR 478.126a]
