ATF

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Bureau of Alcohol, Tobacco, Firearms and Explosives

Washington, DC 20226

October 30, 1998

Open Letter to All Hawaii Federal Firearms Licensees

Permanent Provisions of the Brady Law

The purpose of this letter is to advise you of your responsibilities under the permanent provisions of the Brady law, 18 U.S.C. § 922(t). On November 30, 1998, the interim provisions of the Brady law will cease to apply, and the permanent provisions of the Brady law will take effect.

The permanent provisions of the Brady law provide for the establishment of a National Instant Criminal Background Check System (NICS) that licensees must contact before transferring any firearm to unlicensed individuals. While the interim provisions apply only to handguns, the permanent provisions of Brady will apply to all firearms. In addition, under permanent Brady there will no longer be an exemption for the redemption of a firearm from pawn.

Notification from the Attorney General

The United States Attorney General will notify licensees when the NICS is established. The Department of Justice (DOJ) has advised ATF that the Attorney General plans to publish a notice in the Federal Register during the last week of October, announcing the establishment of the NICS as of October 31, 1998. Accordingly, licensees will be required to comply with permanent Brady as of November 30, 1998. Copies of the Attorney General’s Notice will be available on DOJ’s Home Page on the Internet at http://www.fbi.gov/programs/nics/index.htm, and DOJ will mail copies of the notice to licensees.

Alternatives to a NICS Check

The Brady law provides that certain permits may qualify as alternatives to a NICS check. Permits to acquire and licenses to carry in your State qualified as alternatives to a background check under the interim provisions of Brady, and will continue to qualify as alternatives to the NICS check required by permanent Brady. Since permits are required for all firearms transactions in Hawaii, there is no requirement for licensees to contact NICS at the time of firearms transfers. Of course all such transactions must still comply with State law.

If you transfer a firearm to an unlicensed person pursuant to the permit alternative, you must comply with the following requirements:

  1. Have the transferee complete and sign ATF Form 4473, Firearms Transaction Record.
  2. Verify the identity of the transferee through a Government-issued photo identification (for example, a driver’s license).
  3. Verify that the permit was issued within the past 5 years by the State in which the transfer is to occur, and that the permit has not expired under State law.
  4. Either retain a copy of the transferee’s permit and attach it to the Form 4473, or record on the Form 4473 any identifying number from the permit, the date of issuance, and the expiration date of the permit.

Final Regulations and Forms 4473

Final regulations implementing the permanent provisions of the Brady law will be published shortly by ATF. ATF has also modified ATF Form 4473, Firearms Transaction Record, to reflect the changes in the background check system. A copy of these regulations and a small supply of Forms 4473 will be mailed to each licensee under separate cover before November 30, 1998.

Questions

If you have any questions, please contact your local ATF office or the local agency issuing the permit or license.

Jimmy Wooten
Assistant Director
Firearms, Explosives and Arson