Questions and Answers

Yes. Licensed pawnbrokers are required to comply with written notification to unlicensed individuals upon delivery of a handgun.

A pawnbroker who transfers handguns to nonlicensees must also comply with the sign posting requirement.

[27 CFR 478.103]

Yes. Like other licensees, a pawnbroker cannot lawfully return a firearm to a person who is, due to age or other disability, ineligible to receive or possess firearms.

[18 U.S.C. 922(d) and 922(b)(1); 27 CFR 478.99]

If the pawnbroker and nonlicensee are residents of the same state, the pawnbroker may return a handgun, long gun, or other firearm to either the person who pawned it or, where state and/or local law allows, a holder of the pawn ticket* who resides in the pawnbroker’s state.

If the pawnbroker and nonlicensee are not residents of the same state:

• The pawnbroker may return a firearm to the person who pawned it.
• The pawnbroker may transfer a rifle or shotgun to the holder of a pawn ticket* who did not pawn it, provided the transaction complies with the conditions of sale in both the state where the pawnbroker is licensed and the state where the pawn ticket holder resides.

* NOTE: The holder of the pawn ticket may acquire a firearm only if they are the actual “transferee/buyer” of the firearm. The holder of a pawn ticket may not acquire a firearm on behalf of another person.

[18 U.S.C. 922(a)(2), 922(a)(3) and 922(b)(3)]

The redemption of a pawned firearm is a "disposition" subject to all the recordkeeping requirements under the Gun Control Act (GCA).

1. Dispositions must be properly entered in the pawnbroker’s acquisition and disposition record,
2. An ATF Form 4473 must be executed, and
3. A NICS background check completed in connection with the redemption.

[18 U.S.C. 922(t), 923(g); 27 CFR 478.102, 478.124 and 478.125]

Yes. A licensee may log business firearms out of the acquisition and disposition (A&D) record as a personal firearm.

If that firearm is sold within a year of having been transferred to the licensee’s personal collection, the licensee must re–enter the firearm in the business A&D record, and sell or transfer the firearm as business inventory, including completing an ATF Form 4473 and a NICS background check if required.

If, however, the firearm is held in the personal collection of the licensee for more than one year, the firearm may be sold as the licensee’s personal firearm. Although no ATF Form 4473 or NICS background check is required, the licensee must record the disposition of the personal firearm in a personal disposition record.

[18 U.S.C. 923(c); 27 CFR 478.125a]

Firearms acquired by a licensee prior to obtaining a license must be recorded as business inventory in the acquisition and disposition (A&D) record if the licensee intends to sell the firearm.

All firearms acquired after obtaining a firearms license must be recorded as an acquisition in the A&D record as business inventory.

[18 U.S.C. 923(c); 27 CFR 478.125a]

No. The law presumes that any firearm transferred to a personal collection for the purpose of willfully evading the restrictions placed upon licensees remains business inventory.

[18 U.S.C. 923(c)]

Yes; however, such firearms must be kept segregated from the licensee’s business inventory. A presumption exists that all firearms on a licensee’s business premises are for sale and must be entered in the licensee’s bound book. Licensees should appropriately identify or tag personal firearms as “not for sale.”

All plastic explosives manufactured or imported on or after April 24, 1996, must contain a detection agent. (The importation of plastic explosives into the United States requires that the importer file ATF Form 6 certifying that the imported plastic explosives contain the required detection agent, or is exempted from the marking requirements as provided in the regulations). It unlawful to manufacture, import, transfer, receive, or possess any plastic explosive that does not contain a detection agent. Federal law enforcement agencies and the military may possess unmarked plastic explosives if they meet the affirmative defense requirements under 27 CFR 555.182.

No. Police departments and other state or local law enforcement agencies could lawfully possess unmarked plastic explosives acquired on or before April 24, 1996, until April 24, 1999. Such agencies still possessing unmarked plastic explosives should destroy them or abandon them to ATF. Contact the nearest ATF field office for information.

[18 U.S.C. 842(n); 27 CFR 555.180(c)(1)]

No. With the exception of the use-up period provided by law for federal law enforcement agencies or the military, the time period for lawful possession of unmarked plastic explosives terminated on April 24, 1999.

[18 U.S.C. 842(n); 27 CFR 555.180(c)]

These agents are listed in the law and regulations at 18 U.S.C. 841(p) and 27 CFR 555.180(d)(3).

All plastic explosives manufactured or imported on or after April 24, 1996, must contain a detection agent. Federal law enforcement agencies and the military may possess unmarked plastic explosives if they meet the requirements of the use-up period described in question, Are police departments exempt from the prohibition against possessing unmarked plastic explosives after April 24, 1999?. [18 U.S.C. 841(q), 842(n); 27 CFR 555.180]

A plastic explosive is defined as "an explosive material in flexible or elastic sheet form formulated with one or more high explosives which in their pure form has a vapor pressure less than 10<4> Pa at a temperature of 25 °C, is formulated with a binder material, and is as a mixture malleable or flexible at normal room temperature." [18 U.S.C. 841(q); 27 CFR 555.180(d)(4)]

Yes. For example, NFA Division is reallocating resources to prioritize processing applications that have received a “proceed” from FBI-NICS in response to the required background check.

Receiver blanks that do not meet the definition of a "firearm" are not subject to regulation under the Gun Control Act (GCA). ATF has long held that items such as receiver blanks, "castings" or "machined bodies" in which the fire-control cavity area is completely solid and un-machined have not reached the "stage of manufacture" which would result in the classification of a firearm according to the GCA.

The following three photos are provided as examples. The first receiver has a solid, un-machined fire-control cavity area with no holes or dimples for the selector, trigger, or hammer pins. It does not meet the GCA definition of a firearm. The second receiver, shown from the top, likewise has a solid, un-machined fire-control cavity area. It does not meet the GCA definition of a firearm. The third receiver has a partially machined fire-control cavity and does meet the GCA definition of a firearm.

Yes. In some cases, items being marketed as “unfinished” or “80%” receivers do actually meet the definition of a “firearm” as defined in the Gun Control Act (GCA).

If you are unsure about whether an item you are planning to buy or sell is considered a firearm under the GCA, please contact ATF’s Firearms and Ammunition Technology Division (FATD) by email at fire_tech@atf.gov or by phone at 304-616-4300.

The Gun Control Act (GCA) does not impose restrictions on receiver blanks that do not meet the definition of a “firearm.”

Please note that some items marketed as non-firearm "unfinished" or "80%" receivers are actually considered firearms.

ATF is able to successfully trace most crime guns to the first retail purchaser. ATF starts with the manufacturer and goes through the entire chain of distribution to find who first bought the firearm from a licensed dealer.

Because receiver blanks do not have markings or serial numbers, when firearms made from such receiver blanks are found at a crime scene, it is usually not possible to trace the firearm or determine its history, which hinders crime gun investigations and jeopardizes public safety.

Yes. Firearms that began as receiver blanks have been recovered after shooting incidents, from gang members, and from prohibited people after they have been used to commit crimes.

No. However, some private vendors may have them available for purchase.

A licensee must record the type of firearm as a “frame” or “receiver” (as applicable) in the acquisition and disposition (A&D) record and on the ATF Form 4473. The licensee must also include in any record the make, model, and serial number of the frame or receiver.

As a frame or receiver is neither a shotgun nor a rifle, a licensee is prohibited from selling or delivering a frame or receiver to any individual the licensee knows or has reasonable cause to believe is less than 21 years of age.

[18 U.S.C. 922(b)(5), 27 CFR 478.11]