Conduct of Business
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]
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)]
Please click here for answers to frequently asked questions in regards to theft and loss of firearms in transit.
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]
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)]
[18 U.S.C. 922(a)(1), (b)(3), 923(a) and (j); 27 CFR 478.100]
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]
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]
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. 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, 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)]
[18 U.S.C. 923(g)(7); 27 CFR 478.25a]
Yes, for a period of 45 days following the date of expiration of the license. After the 45–day period, the transferor is required to verify the licensed status of the transferee with the Chief, Firearms Licensing Center.
[27 CFR 478.94]
Electronic Nicotine Delivery Systems (ENDS)
According to USC 15 U.S.C. §§ 375 and 376, ENDS products include:
- E-Cigarettes
- E-Hookahs
- E-Cigars
- Vape pens
- Advanced refillable personal vaporizers
- Electronic pipes; and
- Any component, liquid, part, or accessory of such a device regardless of whether that item is sold separately from the device.
Yes. Under the Prevent All Cigarette Trafficking (PACT Act), any electronic device that aerosolizes and delivers any type of substance to the user including cannabidiol (CBD), which is an active ingredient made of hemp and found in cannabis or tetrahydrocannabinol (THC), a chemical that creates most of the psychological effects of marijuana and etc. are regulated as an electronic nicotine delivery system (ENDS) products.
All electronic devices that deliver an aerosolized nicotine solution to the user are regulated as ENDS, regardless of whether the nicotine is derived from tobacco or synthetically derived.
A solution is a homogeneous mixture in which a minor component (a solute) is uniformly distributed within a major component (a solvent) – i.e., a solution of ammonia in water.
Solutions are often thought of as liquids but may also appear in gaseous or solid form.
An aerosol is a suspension of fine solid or liquid particles in a gas. Vapor, mist, fog, smoke, and steam are all forms of aerosols.
An electronic device is a device that operates by using an electrical current; either stored or on-demand.
According to the Prevent All Cigarette Trafficking (PACT) Act, the term "electronic nicotine delivery system (ENDS)" refers to any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device.
Equitable Sharing
Federal law authorizes the Attorney General to share federally forfeited property with participating state and local law enforcement agencies. Through equitable sharing, any state or local law enforcement agency that directly participates in a law enforcement effort that results in a federal forfeiture may either request to put tangible forfeited property into official use or an equitable share of the net proceeds of the forfeiture. The exercise of this authority is discretionary. The Attorney General is not required to share property in any case. Where the Attorney General chooses to share forfeited property, federal law, as set forth in the Controlled Substances Act, at 21 U.S.C. § 881(e)(3), for example, provides that:
The Attorney General shall assure that any property transferred to a state or local law enforcement agency…
(A) has a value that bears a reasonable relationship to the degree of direct participation of the state or local agency in the law enforcement effort resulting in the forfeiture, taking into account the total value of all property forfeited and the total law enforcement effort with respect to the violation of law on which the forfeiture is based; and
(B) will serve to encourage further cooperation between the recipient state or local agency and Federal law enforcement agencies.
Source: Asset Forfeiture Policy Manual (2016).
Experience (Special Agent)
When reviewing resumes, we review the entire applicant’s experience, which also includes an analysis of all valuable experience (i.e., experience gained in religious, civic, welfare, service and organizational activities, regardless of whether pay was received). It is ultimately your decision what to include and what to exclude from your resume. However, not including certain work experiences may raise questions and a selecting official may wonder why you left off periods of employment. Whatever decision you make, ensure that you thoroughly address the qualifications of the announcement. Please note that during your background investigation, you will be required to provide a full and detailed description of all your work experiences. If we discover that you intentionally omitted work experience in your resume to avoid a negative reference check during the selection process, this may be grounds for removing you after you begin employment.
Applicants or selectees who have completed part or all of their education outside of the U.S. must have their foreign education evaluated by an accredited organization to ensure that the foreign education is comparable to education received in accredited educational institutions in the U.S. An evaluation is required before human resources can make an official job offer. We will only accept the completed foreign education evaluation.
Everyone hired for a federal job undergoes a basic background check of his or her criminal and/or credit histories to ensure that all federal employees are “reliable, trustworthy, of good conduct and character and loyal to the United States.” The U.S. Office of Personnel Management, a central agency that serves as the corporate human resources organization for the federal government, performs the majority of background checks. In addition, federal positions that include access to sensitive information generally require a security clearance. This clearance must be obtained to determine the applicant’s trustworthiness and reliability before granting him or her access to national security information.
Types of Security Clearances and Background Checks
Positions in the federal government are classified in three ways: Non-Sensitive Positions, Public Trust Positions and National Security Positions. Each of these positions requires some level of background investigation. The elements that make up a background investigation vary depending on the level of clearance that is deemed necessary for a position. Background investigations for lower risk levels generally rely on automated checks of an individual’s history. For a secret clearance in a national security position, the investigation requires agents to interview people who have lived or worked with the candidate at some point in the last seven (or more) years.
Once the agency has selected a candidate to hire, the applicant will typically receive a job offer contingent upon successfully obtaining a security clearance. The extensive background investigation takes place after the initial offer has been accepted.
The length and depth of the background investigation will depend on the position’s requirements, as well as the type of security clearance needed (if applicable) for a particular job or internship. This process may take several months or up to a year depending on backlog, need for more information, depth of the investigation process and other factors.
In order to help speed the process along, begin to gather relevant information now. Once you are offered the position, you’ll be asked to submit a series of forms and information about yourself. Gather this information now so you can save time on your end. You can view the forms for background checks (SF-85: Questionnaire for Non-Sensitive Positions) and security clearances (SF-86: Questionnaire for Non-Sensitive Positions) on the Office of Personnel Management’s website.
Once you have submitted the documentation, the designated agency will proceed with the investigation, depending on backlog and priority.
The amount of experience required varies for each job. Some entry-level jobs require no specialized experience, while other jobs require years of specialized experience.
If you have questions related to how much experience you need for a job, review the Job Requirements > Qualifications section of the job announcement. For additional questions, contact the hiring agency listed in the job opportunity announcement.
The Basics
Like any employer, the federal government needs individuals to be well-qualified for the jobs they hold. The Office of Personnel Management (OPM) publishes qualification standards to help ensure federal employees can successfully and safely perform the work of the position. Whatever your background has been, it is likely that you are basically qualified for many different jobs, and highly qualified for some.
When meeting the basic eligibility requirements, the agency evaluates and then ranks your work experience, accomplishments, education, training and overall qualifications background against the qualification requirements of the position. You will receive a score or ranking based on how closely your background matches with the requirements of the position. Job applicants who receive the highest scores or rank in the top category are referred to the selecting official.
Qualifying With Higher Education
Some federal occupations require a college degree with a certain major field of study or completion of specific academic courses at the baccalaureate or graduate level. Such occupations tend to involve research, scientific or professional work (such as a specialist in contracts, medicine, engineering, biology, psychology or accounting). To qualify, all college-level courses must have been completed at a college or university that has obtained accreditation or pre-accreditation status from an accrediting body recognized by the Secretary of the U.S. Department of Education.
There are many occupations where a baccalaureate degree in any field is acceptable. Job applicants usually enter such occupations at the entry grade levels (typically GS-5 or GS-7 grade levels [or equivalent]) and acquire on-the-job training and work experience before advancing to higher grade levels. Such occupations are sometimes advertised as “trainee,” “intern” or “student program” positions.
You may qualify for a GS-9 grade (or equivalent) level position on the basis of a master’s degree, and for the GS-11 grade (or equivalent) level on the basis of a doctoral degree. At these levels, however, the advanced degree must be directly related to the work of the job to be filled.
Specialized experience, or experience closely related to the work to be performed in the job for which you are applying, can often be substituted for an educational requirement or qualify you for a higher grade. Generally, for jobs at the GS-7 grade (or equivalent) level and higher, your background must have included specialized experience. At least one year of the specialized experience must have been equivalent to the level of the next lower grade in the federal service. This means, for example, to qualify for a GS-12 grade (or equivalent) level, you must have had a minimum of one year of specialized experience equivalent to a GS-11 grade (or equivalent) level.
Qualifying for a Non-Degreed Job
If you have been in the job market for a while and have accumulated an extensive work history, you may be well qualified for many positions even without a college degree. Except for certain professional and scientific positions, a college education may not be necessary. The nature of your work experience is what really counts.
Job applicants can qualify for most federal occupations based on job-related work experience. If you are just starting out, you can qualify for jobs at the GS-2 level with just a high school diploma or as little as three months of general work experience for most clerical and assistant positions. “General experience” is a type of work experience that is not necessarily directly related to the position but demonstrates the ability to acquire the particular competencies/knowledge, skills and abilities to perform the work of the position.
At higher grade (or equivalent) levels, additional work experience is required. Starting at the GS-5 grade (or equivalent) level, positions generally require one year of specialized experience equal to the next lower grade. “Specialized experience” is a type of work experience that is directly related to the position for which you are applying. This means, for example, to qualify for a GS-6 grade (or equivalent) level, you must have had a minimum of one year of specialized experience equivalent to a GS-5 grade (or equivalent) level.
For more information, consult the General Schedule qualification standards.
