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]
Bump Stocks
The U.S. Department of Justice will not provide compensation to persons who destroy or abandon their bump-stock-type devices.
No.
No. Regardless of state or local law, persons will not be allowed to possess bump-stock-type devices after the effective date.
The bump-stock-type devices final rule is available for review on the Rulemaking page of the ATF website.
The rule is also published in the Federal Register at https://www.govinfo.gov/content/pkg/FR-2018-12-26/pdf/2018-27763.pdf.
The amendments made by this rule appear in 27 CFR Parts 447, 478, and 479.
Current possessors of bump-stock-type devices must divest themselves of possession before the effective date of the final rule.
One option is to destroy the device, and the final rule identifies possible methods of destruction, to include completely melting, shredding, or crushing the device. Any method of destruction must render the device incapable of being readily restored to function.
Current possessors also have the option to abandon bump-stock-type devices at the nearest ATF office. ATF advises that it is best to make an appointment beforehand with the nearest ATF office. Please consult the Local ATF Offices webpage for office contact information.
The rule went into effect March 26, 2019; 90 days from the date it was published in the Federal Register.
The final rule adopts with minor changes the proposed amendments as stated in the NPRM. The final rule amends the regulatory text of “machine gun” by adding the following language: “The term ‘machinegun’ includes bump-stock-type devices, i.e., devices that allow a semiautomatic firearm to shoot more than one shot with a single pull of the trigger by harnessing the recoil energy of the semi-automatic firearm to which it is affixed so that the trigger resets and continues firing without additional physical manipulation of the trigger by the shooter.
Furthermore, the final rule defines “automatically” and “single function of the trigger” as those terms are used in the statutory definition of machinegun. Specifically, based on relevant case law, “automatically” means functioning as a result of a self-acting or self-regulating mechanism that allows the firing of multiple rounds through a single function of the trigger and “single function of the trigger” means single pull of the trigger and analogous motions. The NPRM proposed the same except for the term “single function of the trigger,” which was defined to mean “single pull of the trigger” without clarifying that “analogous motions” to a single trigger pull are included within that term, as stated in the final rule.
The final rule clarifies that the definition of “machinegun” in the Gun Control Act (GCA) and National Firearms Act (NFA) includes bump-stock-type devices, i.e., devices that allow a semiautomatic firearm to shoot more than one shot with a single pull of the trigger by harnessing the recoil energy of the semiautomatic firearm to which it is affixed so that the trigger resets and continues firing without additional physical manipulation of the trigger by the shooter.
You may contact your local law enforcement office to see if they are willing to accept your bump-stock-type device; however, they are not required to accept them. Possessors wishing to abandon their devices have the option to do so at the nearest ATF office. It is strongly encouraged that an appointment be made in advance. Please consult the Local ATF Offices webpage for office contact information.
Collectors
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)]
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]
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.
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. 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)]
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.
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]
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. 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]
Conduct of Business
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)]
[18 U.S.C. 922(z)]
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]
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 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]]
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]
