Firearms Questions and Answers

On your Annual Firearms Manufacturers and Export Report (AFMER) form, you should report all firearms that were manufactured and exported under section 9, for exportation.

Example:

• If you manufacture 1,000 firearms then sell 300 into U.S. commerce, export 600 out of the U.S., and dispose of the remaining 100 to another licensed type 07 or type 10 federal firearm licensee, you should record 300 in section 8 and 600 in section 9. The remaining 100 would not get reported at this point, since they were not sold into U.S. commerce or exported.

Whether or not you need to report this as production depends upon whom you received the firearm from and the nature of the modifications you make.

If you received the firearm (to include a firearm frame, receiver, action, or barreled action) from a licensee other than a type 07 or type 10 federal firearms licensee (FFL), or from a non-licensee, then you would not report it, provided your modifications did not change the firearm’s Annual Firearms Manufacturers and Export Report (AFMER) firearm category.

If your modifications altered the firearm’s AFMER firearm category (as listed on the form items 8a-j and 9a-j), then you would include the firearm in your AFMER report in the category of firearm you have now produced.

If you received the firearm from another licensed manufacturer (type 07 or type 10 FFL), then production should be reported once you enter the firearm into commerce, or export it.

Examples:

• You are a licensed manufacturer and obtain a rifle from a licensee other than a type 07 or type 10 FFL, or from a non-licensee. You remanufacture the rifle by adding custom parts and accessories before selling it as a rifle. You would not include the firearm in your AFMER report since the firearm was previously reported by its original manufacturer, and your modifications did not change it into a different type of firearm.

• You are a licensed manufacturer and obtain a used rifle from a licensee other than a type 07 or type 10 FFL, or from a non-licensee. You strip off the parts and replace the receiver with a new receiver that you acquired from a licensed manufacturer, then sell the firearm. You would include this on your report as a rifle, since you entered the new receiver into commerce as a rifle.
  • In contrast, if you had purchased the new receiver from someone other than a type 07 or type 10 FFL, you would not report it, since the original manufacturer would have reported the receiver previously when it was sold.

• You are a licensed manufacturer (type 07 or type 10 FFL) and obtain receivers from another manufacturer who sold them to you through their firearms dealer’s license. You use the receivers to manufacture rifles and sell them into commerce. This would not be reported, since the manufacturer of the receivers would have included them on their AFMER report when they first entered commerce through their manufacturer license.

• You are a licensed manufacturer (type 07 or type 10 FFL) and obtain a rifle from a licensee other than a type 07 or type 10 FFL, or from a non-licensee. You then remanufacture the rifle into a pistol and sell it. This would be included in your AFMER report because your modification resulted in a change to the firearm’s type (i.e. from rifle to pistol). This would also be reportable for rifles turned into short-barreled rifles, semi-automatic weapons turned into machineguns, or any other remanufacturing that changes the AFMER classification of the weapon.

No. ATF Form 4473 is required only for transfers by a licensee.   [27 CFR 478.124]

No. If the customer did not complete Section B of the Form 4473 and no National Instant Criminal Background Check System (NICS) check is initiated, then despite Section A being completed by the federal firearms licensee (FFL), that particular form is not required to be retained.

[27 CFR 478.129(b)]

No. The heading to Section A of Form 4473 requires the federal firearms licensee (FFL) to identify the firearm(s) to be transferred by recording the serial number in response to Section A, item 3, prior to the transferee/buyer completing Section B. Thus, a transferee/buyer may not complete Section B on the Form 4473 before the licensee identifies the firearm(s) to be transferred by serial number in Section A, item 3.

Additionally, item 21.a. states: “Are you the actual transferee/buyer of the firearm(s) listed on this form and any continuation sheet(s)?” In order to accurately answer question 21.a., the transferee/buyer must be able to review the firearm information recorded in Section A.

[27 CFR 478.21]

An active-duty military member may establish residency by presenting permanent change of station (PCS) orders and a valid military photo identification card (see ATF Ruling 2001-5). The PCS orders may be either paper or electronic, as stated in the Form 4473 instructions for item 26c, “Licensees may accept electronic PCS orders to establish residency.”

Spouses and other dependents of an active-duty military member may not claim residency using PCS orders, as 18 U.S.C. 921(b) applies only to members of the Armed Forces.

A military member claiming residency in a state in which he or she is present with the intention of making a home must demonstrate that residency to the federal firearms licensee (FFL) by presenting a valid identification document, or a combination of valid, government issued documents, to satisfy the identification document requirement.

[18 U.S.C. 922(t)(1)(C), 27 CFR 478.102(a)(3), 27 478.124(c)(3)(i)]

Yes. Item 26.b. on Form 4473 (formerly item 18.b. on the 2016 Form 4473) is used in instances where a single government-issued identification document is not endorsed with the transferee’s full legal name and/or current residence address as recorded in items 9 and 10, respectively, and the transferee presents a combination of valid government-issued documents satisfy the identification document requirement.

An example of this may include an individual who recently changed his/her name due to a change in marital status. ATF Ruling 2001-5 states that federal firearms licensees (FFLs) may accept a combination of valid government-issued documents to satisfy the identification document requirements of the Brady Act. The required valid government-issued photo identification document bearing the name, photograph, and date of birth of the transferee may be supplemented by another valid, government-issued document showing the transferee's residence address or full legal name.

These supplemental documents must be issued by a government entity. Documents that will typically meet these requirements include a tax bill, vehicle registration, and voter identification card.

Documents issued by private companies or individuals (rental documents, leases, cable bills, phone bills, credit card bills, bank documents, etc.) may not be used as supplemental identification documents for the purchase or acquisition of a firearm.

[18 U.S.C. 922(t)(1)(C), 27 CFR 478.102(a)(3) and 478.124(c)(3)(i)]

A different firearm purchased by the same transferee/buyer may not be added to the Form 4473 after the transferor/seller has signed and dated the form. A transferee/buyer who wishes to acquire a different firearm after the transferor/seller has signed and dated the form must complete a new ATF Form 4473 and undergo a new National Instant Criminal Background Check System (NICS) check.

A federal firearms licensee (FFL) may amend Section A of the Form 4473 if the transferee/buyer decides to buy a different firearm than was initially recorded in Section A, provided the transferor/seller has not signed and dated the form.

[27 CFR 478.102(c) and 478.21]

Additional firearms purchased by the same transferee/buyer may not be added to the Form 4473 after the transferor/seller has signed and dated the form.

A transferee/buyer who wishes to acquire additional firearms after the transferor/seller has signed and dated the form must complete a new Form 4473 and undergo a new National Instant Criminal Background Check System (NICS) check.

Additional firearms purchased by the same transferee/buyer may only be added to the Form 4473 as part of a single transaction provided the transaction is conducted no more than 30 calendar days from the date the federal firearms licensee (FFL) initially contacted NICS, and the transferor/seller has not signed and dated the Form 4473.

[27 CFR 478.102(c) and 478.21]

No. A federal firearms licensee (FFL) may not scan an identification document for the purpose of auto-populating information on the Form 4473.

Information scanned, read, or otherwise gathered from a driver’s license or other identification document, as defined by 27 CFR 478.11, for use in the transfer of a firearm by an FFL may not be electronically populated onto a Form 4473.

In addition, each transferee must personally complete a new ATF Form 4473 each time the transferee attempts to acquire a firearm. See ATF Ruling 2016-2, conditions 3, 4 and 11.

[27 CFR 478.11 and 478.124(c)(1)]

ATF Forms 4473 are available free of charge from the ATF Distribution Center. Forms may be ordered online at ATF Distribution Center . Please order a quantity of forms estimated for 6 months use.

Yes.

[27 CFR 478.21]

If the transferor/seller or the transferee/buyer discovers that an ATF Form 4473 is incomplete or improperly completed after the firearm has been transferred, and the transferor/seller or the transferee/buyer wishes to correct the omission(s) or error(s), photocopy the inaccurate form and make any necessary additions or revisions to the photocopy. The transferor/seller should only make changes to Sections A, C, and E. The transferee/buyer should only make changes to Sections B and D. Whoever made the changes should initial and date the changes. The corrected photocopy should be attached to the original Form 4473 and retained as part of the transferor’s/seller’s permanent records.

[27 CFR 478.21]

Licensees shall retain each Form 4473 until business or licensed activity is discontinued, either on paper, or in an electronic alternate method approved by the Director, at the business premises readily accessible for inspection under this part. Paper forms over 20 years of age may be stored at a separate warehouse, which shall be considered part of the business premises for this purpose and subject to inspection under this part. Forms 4473 shall be retained in the licensee's records as provided in § 478.124(b), provided that Forms 4473 with respect to which a sale, delivery, or transfer did not take place shall be separately retained in alphabetical (by name of transferee) or chronological (by date of transferee's certification) order.

[18 U.S.C. 923(g)(1)(A); 27 CFR 478.129(b)]

No. A licensee is required to obtain an ATF Form 4473 from the transferee who must certify that he or she is not prohibited from receiving or possessing a firearm, and whose identity the licensee must verify prior to transfer. A licensee cannot comply with these provisions where a Form 4473 is completed by a person other than the actual transferee.

[18 U.S.C. 923(g); 27 CFR 478.124]

• Type 10 Federal firearms licensees (FFLs) inquired about marking variances for destructive device munitions manufactured as part of a valid United States Government (USG) contract. The FFLs note that applying for and awaiting approval of variances, and timely coordinating them with the required export license from the Department of State, creates difficulties in fulfilling contracts in a timely manner.

• The Gun Control Act (GCA) regulations at title 27, Code of Federal Regulations (CFR), section 478.92 require a licensed manufacturer to identify firearms by engraving, casting, stamping (impressing), or otherwise conspicuously placing or causing to be engraved, cast, stamped (impressed) or placed on the frame or receiver thereof an individual serial number and other identifying information. The same requirements appear in the regulations implementing the National Firearms Act (NFA) at 27 CFR 479.102.

• However, “in the case of a destructive device, the Director may authorize other means of identifying that weapon upon receipt of a letter application…showing that engraving, casting or stamping (impressing) such a weapon would be dangerous or impracticable.” 27 CFR 478.92 and 479.102. In each case, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) may permit an alternate means of marking the destructive device munitions.

• ATF Ruling 2016-5 authorizes an alternate method or procedure to the firearms marking requirements contained in 27 CFR 478.92 and 479.102.

• ATF authorizes licensed manufacturers of certain destructive device munitions that are manufactured for the USG to mark these destructive device munitions with sequential lot numbers, provided conditions set forth in this ruling are met.

• This ruling applies to only those destructive device munitions that are explosive, incendiary, or poison gas, bombs, grenades, rockets having a propellant charge of more than 4 ounces, missiles having an explosive or incendiary charge of more than one-quarter ounce, or mines. It does not apply to large bore weapons (e.g. rocket launchers, mortars), or homemade devices.

• These destructive device munitions must be manufactured to fulfill a current USG contract and the licensed manufacturer must currently be a party to that existing USG contract.

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]

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]

No.

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

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]