Firearms Questions and Answers

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.

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. If the business is being discontinued completely, the licensed dealer, manufacturer or importer is required to submit all records to ATF within 30 days. Records may be delivered to a local ATF office or shipped to the following address:

Bureau of ATF
ATF Out-of-Business Records Center
244 Needy Road
Martinsburg, WV 25405

A licensee discontinuing business must also notify the Federal Firearms Licensing Center within 30 days by calling (866) 662-2750 (toll free) or emailing FFLC@atf.gov.

If someone is taking over the business, the original licensee should underline the final entry in each acquisition and disposition (A&D) record, note the date of transfer, and forward all records and forms to the successor (who must apply for and receive their own license before lawfully engaging in business) or forward the records and forms to the ATF Out-of-Business Records Center. If the successor licensee receives records and forms from the original licensee, the successor licensee may choose to forward those records and forms to the ATF Out-of-Business Record Center.

[18 U.S.C. 923(g)(4); 27 CFR 478.57(a) and 478.127]

Yes. The report must be filed by the transferor/sender federal firearms licensee (FFL) regardless of whether a transferee/receiver FFL and/or the carrier indicate that they have filed a theft/loss report with ATF.

This requirement applies because only the transferor/sender specifically knows how and when the particular firearms were shipped. The transferee/receiver or the carrier most often does not have all of the information necessary to file a complete theft/loss report. The reporting requirement also applies because the disposition records of the transferor/sender FFL must be corrected to reflect the theft or loss.

No federal statute requires common or contract carriers to report the theft or loss of a firearm in transit to ATF. Only Congress may enact a law imposing such a requirement, and it has chosen not to.

Nonetheless, ATF has long encouraged carriers to file theft and loss reports, and issued ATF Form 3310.6, Interstate Firearms Shipment Theft/Loss Report, to assist them in reporting thefts and losses.

The transferor/sender federal firearms licensee (FFL) must report the theft or loss of a firearm in transit because the transferor/sender FFL is more likely to know the circumstances of when and how a firearm was shipped.

In addition, due to the theft or loss, the transferor/sender FFL’s acquisition and disposition records indicating that a firearm was disposed of to a particular transferee/buyer are inaccurate, and must be amended to reflect the actual circumstances. It is important to note that the obligation to report is not required unless and until the shipper becomes aware that the firearm did not reach its intended destination.

The regulations have been amended to enhance the reporting of firearms lost and stolen in transit. ATF has identified numerous occasions during the crime gun tracing process where a federal firearms licensee's (FFL) records indicate the firearm being traced has been shipped to another FFL, but the transferee/receiving FFL advises the firearm was never received; yet no theft or loss report has been filed with ATF. The absence of a theft/loss report to ATF in these circumstances adversely impacts the ability of ATF and local law enforcement to trace and investigate crime guns.

A person may transfer a firearm to an unlicensed resident of their state, provided the transferor does not know or have reasonable cause to believe the transferee is prohibited from receiving or possessing firearms under federal law. There may be state laws that regulate intrastate firearm transactions. A person considering transferring a firearm should contact their State Attorney General’s Office to inquire about the laws and possible state or local restrictions.

Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of state, the firearm must be shipped to a federal firearms licensee (FFL) within the transferee’s state of residence. The transferee may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check.

A person may loan or rent a firearm to a resident of any state for temporary use for lawful sporting purposes, if they do not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under federal law. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent.

A person may transfer a firearm to a licensee in any state. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

[18 U.S.C 922(a)(5) and 922(d); 27 CFR 478.30, 478.32]