Firearms Questions and Answers

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]

A “misdemeanor crime of domestic violence” is an offense that:

1. Is a misdemeanor under federal, state, or tribal law;
2. Has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon; and
3. 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:

1. The person was represented by counsel in the case, or knowingly and intelligently waived the right of counsel in the case; and
2. 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]

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, 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.

A multiple sale occurs when a licensed Type 01 dealer, Type 02 pawnbroker, Type 07 manufacturer, or Type 08 importer located in Arizona, California, New Mexico, or Texas sells or otherwise disposes of, at one time or during any five consecutive business days, more than one semiautomatic rifle capable of accepting a detachable magazine and with a caliber greater than.22 (including .223/5.56 caliber) to an unlicensed person.

Example 1. A licensee sells two qualifying rifles (as described above) in a single transaction to an unlicensed person. This is a multiple sale and must be reported not later than the close of business on the date of the transaction.

Example 2. A licensee sells a qualifying rifle (as described above) on Monday and sells another qualifying rifle (as described above) on the following Friday to the same unlicensed person. This is a qualifying multiple sale and must be reported no later than the close of business on Friday. If the licensee sells another qualifying rifle (as described above) to the same unlicensed person on the following Monday, this will constitute an additional multiple sale and must also be reported not later than the close of business on Monday. In addition, the licensee would check ‘Yes’ in Item 2c and place Friday’s date in Item 2c on the ATF Form 3310.12.

Example 3. A licensee maintaining business hours Monday through Saturday sells a qualifying rifle (as describe above) to an unlicensed person on Monday and sells another qualifying rifle (as described above) to the same person on the following Saturday. This does not constitute a multiple sale and need not be reported because the sales did not occur during five consecutive business days.

NOTE: Some possible ways to detect qualifying multiple sales include, but are not limited to: (a) daily review of ATF Form 4473 spanning the past five days; (b) daily review of disposition records spanning the past five days; (c) maintaining a calendar of daily sales to unlicensed persons (ideally with each purchaser listed alphabetically); and (d) maintaining a record of daily sales to unlicensed persons (ideally with each purchaser listed alphabetically).

The rifle transactions that must be reported are dispositions of semiautomatic rifles capable of accepting a detachable magazine and with a caliber greater than .22 (including .223/5.56 caliber) to an unlicensed person. However, the reporting requirement does not apply to receivers for such rifles.

You may contact the Firearms and Ammunition Technology Division at fire_tech@atf.gov or (304) 616-4300 if you are unable to determine if the rifles are subject to the reporting requirements.

The criteria for rifles that are subject to the multiple sales reports are (1) semiautomatic rifle; (2) capable of accepting a detachable magazine; and (3) caliber greater than .22 (including .223/5.56 caliber). Rifles with receivers that will accept a detachable magazine meet criterion (2). Such rifles include those weapons that have parts and/or accessories that allow the exchange of detachable (including clip or drum-type) magazines, such as the “bullet button.” Contact the Firearms Technology Branch at (304) 616-4300 for determinations as to whether particular rifles are subject to the reporting requirements.

The reporting of multiple sales for rifles requirement is applicable to licensed Type 01 dealers, Type 02 pawnbrokers, Type 07 manufacturers, and Type 08 importers located in Arizona, California, New Mexico, or Texas.

However, all federal firearms licensees remain obligated to submit reports of multiple sales or other dispositions of handguns when the licensee sells or otherwise disposes of two or more pistols or revolvers or any combination of pistols or revolvers totaling two or more, to an unlicensed person at one time or during any five consecutive business days. The reporting of multiple sales for pistols and revolvers is a separate requirement from the reporting of multiple sales of certain rifles.

The reporting multiple firearms sales requirement is only applicable to licensed dealers and pawnbrokers in Arizona, California, New Mexico, and Texas. However, any suspicious sales of firearms can be reported at 1-800-ATF-GUNS (1-800-283-4867) or to your local ATF office.

The reporting multiple firearms sales requirement for licensed Type 01 dealers and Type 02 pawnbrokers located in Arizona, California, New Mexico, or Texas became effective for all such sales that occurred on or after August 14, 2011.

The reporting multiple firearms sales requirement for Type 07 manufacturers and Type 08 importers located in Arizona, California, New Mexico, or Texas is encouraged immediately, but effective and required for all such sales that occur on or after October 1, 2024.

Please note that reporting multiple sales for the specified rifles must continue until ATF provides written notice to stop.

No. Sales of firearms to law enforcement officers pursuant to 27 CFR 478.134 for official use are not subject to reporting on the Form 3310.12.

The ATF Form 3310.12 must be submitted whenever a licensed Type 01 dealer, Type 02 pawnbroker, Type 07 manufacturer, or Type 08 importer located in Arizona, California, New Mexico, or Texas sells or otherwise disposes of, at one time or during any five consecutive business days, two or more semiautomatic rifles capable of accepting a detachable magazine, and with a caliber greater than .22 (including .223/5.56 caliber) to an unlicensed person. The form must be filed with ATF no later than the close of business on the day the multiple sale or other disposition took place.

The ATF Form 3310.12 must be submitted to the National Tracing Center no later than the close of business on the day a qualifying multiple sale or other disposition took place. The form may be emailed to multiplelonggunsalesforms@atf.gov, faxed to (877) 283- 0288, or mailed to the U.S. Department of Justice, NTC, 244 Needy Road, Martinsburg, WV 25405.

No, no federal firearms licensee is required to submit the ATF Form 3310.12 to their designated state or local law enforcement agencies.

However, note that all federal firearms licensees must submit Copy 2 of the ATF Form 3310.4, Report of Multiple Sale or Other Disposition of Pistols and Revolvers, to the Chief Local Law Enforcement Official (CLEO).

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.

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.

No. A multiple sale report is not required for the return of firearms to the same individual such as a pawn redemption, consignment or repair.

[27 CFR 478.126a]

Federal law, 18 U.S.C. 923(g)(3)(B), provides that Chief Law Enforcement Officers (CLEOs) receiving copies of ATF Form 3310.4 from FFLs for sales to nonprohibited persons may not disclose the contents of the forms and must destroy the forms and any record of the content of the forms within 20 days of receipt.

No. Multiple sales forms (ATF Forms 3310.4) are not required for sales of frames or receivers as they are not pistols or revolvers.

[18 U.S.C. 923(g)(3); 27 CFR 478.126a]

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]

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]

Current Processing Times for ATF Applications

The following weapons are regulated under the National Firearms Act (NFA):

1. A shotgun having a barrel or barrels of less than 18 inches in length;
2. A weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length;
3. A rifle having a barrel or barrels of less than 16 inches in length;
4. A weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length;
5. Any other weapon, as defined in subsection (e);
6. A machinegun;
7. Any silencer (as defined in section 921 of title 18, United States Code); and
8. A destructive device.

[26 U.S.C. 5845; 27 CFR 479.11]

The tax is $200 for the transfer of any firearm except a firearm classified as an “any other weapon” which is $5.

An unserviceable firearm may be transferred as a curio or ornament without payment of the transfer tax.

[26 U.S.C. 5811, 5852(e) and 5845(h); 27 CFR 479.11, 479.82 and 479.91]