Firearms Questions and Answers

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]

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]

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]

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 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. 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. 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]

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]

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. 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)]

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)]

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. 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)]

Yes. The requirement to give written notification applies when the licensee delivers a handgun to a nonlicensee.

[27 CFR 478.103]

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.

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]

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]

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. 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]

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]

Yes. A licensee may make an occasional importation of a firearm for a nonlicensee or for the licensee’s personal use (not for resale). The licensee must first submit an ATF Form 6, Part I to ATF for approval. The licensee may then present the approved ATF Form 6 and completed ATF Form 6A to U.S. Customs and Border Protection.

[27 CFR 478.113]