Multiple Sales of Firearms
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]
National Firearms Act (NFA)
The following weapons are regulated under the National Firearms Act (NFA):
- A shotgun having a barrel or barrels of less than 18 inches in length;
- 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;
- A rifle having a barrel or barrels of less than 16 inches in length;
- 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;
- Any other weapon, as defined in subsection (e);
- A machinegun;
- Any silencer (as defined in section 921 of title 18, United States Code); and
- 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]
No. The National Firearms Act (NFA) permits only manufacturers, makers, importers, and certain governmental entities to register firearms.
[26 U.S.C. 5841(b) and 5861(d); 27 CFR 479.101(b) and 479.104]
Yes. These exemptions are noted below, along with the required form to apply for each exemption if applicable. Your completed forms must be approved by the NFA Branch before you make or transfer the NFA firearm.
Tax exemptions and application forms:
- Transfer and registration of an NFA firearm between special (occupational) taxpayers: ATF Form 3.
- Making of an NFA firearm by a qualified manufacturer, or other than by a qualified manufacturer if the firearm is made on behalf of a federal or state agency: ATF Form 1 and Form 2.
- Transfer and registration of the NFA firearm on behalf of a federal or state agency: ATF Form 5.
- Transfer and registration of an unserviceable NFA firearm which is being transferred as a curio or ornament: ATF Form 5.
- Transfer of an NFA firearm to a lawful heir: ATF Form 5.
- Transfer by operation of law (e.g., court order).
[26 U.S.C. 5851–5853; 27 CFR 479.69, 479.70 and 479.88–91]
Yes. A separate special (occupational) tax payment must be made for each of these activities. However, Class 1 (importer) and Class 2 (manufacturer) special (occupational) taxpayers are qualified to deal in NFA firearms without also having to pay special (occupational) tax as a Class 3 dealer.
Yes.
[26 U.S.C. 5845(b); 27 CFR 479.11]
As provided by regulations, certifications by the local chief of police, sheriff of the county, head of the state police, or state or local district attorney or prosecutor are acceptable. The regulations also provide that certifications of other officials are appropriate if found in a particular case to be acceptable to the Director. Examples of other officials who have been accepted in specific situations include state attorneys general and judges of state courts having authority to conduct jury trials in felony cases.
Effective July 13, 2016, the final rule “Machineguns, Destructive Devices and Certain Other Firearms; Background Checks for Responsible Persons of a Trust or Legal Entity With Respect to Making or Transferring a Firearm” amends the regulations to eliminate the requirement for a certification signed by a CLEO and instead adds a CLEO notification requirement.
Prior to the submission of an ATF Form 1 or ATF Form 4 to the Director, all applicants/transferees and responsible persons shall forward a completed copy of ATF Form 1 or ATF Form 4, or a completed copy of Form 5320.23, respectively, to the chief law enforcement officer of the locality in which the applicant/transferee or responsible person is located. The chief law enforcement officer is the local chief of police, county sheriff, head of the state police, state or local district attorney or prosecutor.
If the applicant/transferee is not a licensed manufacturer, importer, or dealer qualified under this part and is a partnership, company, association, or corporation, for purposes of this section, it is considered located at its principal office or principal place of business; if the applicant/transferee is not a licensed manufacturer, importer, or dealer qualified under this part and is a trust, for purposes of this section, it is considered located at the primary location at which the firearm will be maintained.
Yes. The approved application received from ATF serves as evidence of registration of the NFA firearm. This document must be made available upon request of any ATF officer. It is suggested that a photocopy of the approved application be carried by the possessor when the weapon is being transported.
[26 U.S.C. 5841(e); 27 CFR 479.101]
Please send a written request to ATF’s Firearms Technology Branch, 244 Needy Road, Martinsburg, WV, 24505 or by fax at (304) 616–4301.
[18 U.S.C. 921(a)(24); 26 U.S.C. 5845(a); 27 CFR 479.11]
Generally, no. Muzzleloading cannons manufactured in or before 1898 (and replicas thereof) that are not capable of firing fixed ammunition are considered antiques and not subject to the provisions of either the Gun Control Act (GCA) or National Firearms Act (NFA).
[26 U.S.C. 5845; 27 CFR 479.11]
The terms “firearm silencer” and “firearm muffler” mean any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication.
Numerous paintball and airgun silencers tested by ATF’s Firearms Technology Branch have been determined to be firearm silencers by nature of their design and function. Because silencers are NFA weapons, an individual wishing to manufacture or transfer such a silencer must receive prior approval from ATF and pay the required tax.
[26 U.S.C. 5845; 27 CFR 479.11]
Yes, unless the registered possessor is a qualified dealer, manufacturer or importer, or a licensed collector transporting only curios or relics. Prior approval must be obtained, even if the move is temporary. Approval is requested by either submitting a letter containing all necessary information, or by submitting ATF Form 5320.20, Application to Transport Interstate or to Temporarily Export Certain National Firearms Act (NFA) Firearms. This requirement does not apply to the lawful interstate transportation of silencers. Possession of the firearms also must comply with all state and local laws.
[18 U.S.C. 922(a)(4); 27 CFR 478.28]
A person may make an NFA firearm by filing and receiving an approved ATF Form 1 Application to Make and Register a Firearm.
A person may transfer an NFA firearm to another person by filing and receiving an approved ATF Form 4, Application for Tax Paid Transfer and Registration of Firearm.
Applications to make or transfer a firearm will not be approved if federal, state, or local law prohibits the making or possession of the firearm.
[26 U.S.C. 5812 and 5822; 27 CFR 479.62 and 479.84]
The person must be licensed under the Gun Control Act (GCA) and pay the required special (occupational) tax imposed by the National Firearms Act (NFA). After becoming licensed under the GCA, the licensee must submit an ATF Form 5630.7, Special Tax Registration and Return National Firearms Act (NFA) to ATF with the appropriate tax payment.
An importer of NFA firearms (except importers of sporting shotguns and shotgun ammunition) must also be registered with ATF under the Arms Export Control Act of 1976, by filing an ATF Form 4587, Application to Register as an Importer of U.S. Munitions Import List Articles.
[26 U.S.C. 5801; 18 U.S.C. 923; 27 CFR 447.31, 478.41 and 479.34]
You can mail a check or money order made payable to the Bureau of ATF together with the application forms to:
National Firearms Act Division
Bureau of Alcohol, Tobacco, Firearms and Explosives
P.O. Box 5015
Portland, OR 97208-5015
Yes, unless the barrel of the pistol is at least 16 inches in length (and the overall length of the firearm with stock attached is at least 26 inches). However, certain stocked handguns, such as original semiautomatic Mauser “Broomhandles” and Lugers, have been removed from the purview of the NFA as collectors’ items.
In this situation, the individual's NFA firearms may be left in a safe deposit box in their former state of residence. The firearm could also be left or stored in the former state of residence at the house of a friend or relative in a locked room or container to which only the registered owner has a key. The friend or relative should be supplied with a copy of the registration forms and a letter from the owner authorizing storage of the firearm at that location.
The firearms may also be transferred in accordance with National Firearms Act (NFA) regulations or abandoned to ATF.
No. Effective July 13, 2016, the final rule “Machineguns, Destructive Devices and Certain Other Firearms; Background Checks for Responsible Persons of a Trust or Legal Entity With Respect to Making or Transferring a Firearm” amends the regulations to eliminate the requirement for a certification signed by a chief law enforcement official (CLEO) and instead adds a CLEO notification requirement.
Prior to the submission of the ATF Form 1 or ATF Form 4 to the Director, all applicants/transferees and responsible persons shall forward a completed copy of ATF Form 1 or Form 4, or a completed copy of Form 5320.23, respectively, to the chief law enforcement officer of the locality in which the applicant or responsible person is located. The chief law enforcement officer is the local chief of police, county sheriff, head of the state police, state or local district attorney or prosecutor.
If the applicant/transferee is not a licensed manufacturer, importer, or dealer qualified under this part and is a partnership, company, association, or corporation, for purposes of this section, it is considered located at its principal office or principal place of business; if the applicant/transferee is not a licensed manufacturer, importer, or dealer qualified under this part and is a trust, for purposes of this section, it is considered located at the primary location at which the firearm will be maintained.
No. Effective July 13, 2016, the final rule “Machineguns, Destructive Devices and Certain Other Firearms; Background Checks for Responsible Persons of a Trust or Legal Entity With Respect to Making or Transferring a Firearm” amends the regulations to eliminate the requirement for a certification signed by a chief law enforcement officer (CLEO) and instead adds a CLEO notification requirement.
Prior to submission of the application to the Director, all applicants/transferees and responsible persons shall forward a completed copy of ATF Form 1 or ATF Form 4, or a completed copy of Form 5320.23, respectively, to the chief law enforcement officer of the locality in which the applicant or responsible person is located. The chief law enforcement officer is the local chief of police, county sheriff, head of the state police, state or local district attorney or prosecutor.
If the transferee is not a licensed manufacturer, importer, or dealer qualified under this part and is a partnership, company, association, or corporation, for purposes of this section, it is considered located at its principal office or principal place of business; if the applicant/transferee is not a licensed manufacturer, importer, or dealer qualified under this part and is a trust, for purposes of this section, it is considered located at the primary location at which the firearm will be maintained.
- The firearms are classified as curios or relics,
- The firearms are registered, and
- The firearms are transferred in accordance with the provisions of the National Firearms Act (NFA).
