Questions and Answers

An alien legally in the U.S. is not prohibited from purchasing firearms unless the alien is admitted into the U.S. under a nonimmigrant visa and does not meet one of the exceptions as provided in 18 U.S.C. 922(y)(2), such as possession of a valid hunting license or permit.

[18 U.S.C. 922 (d)(5), (g)(5) and (y)(2); 27 CFR 478.11 and 478.32(a)(5) ]

Yes, provided they are not prohibited from possessing or receiving ammunition.

[18 U.S.C. 922(g) and (n)]

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]

For Gun Control Act (GCA) purposes, a person is a resident of a state in which he or she is present with the intention of making a home in that state. The state of residence for a corporation or other business entity is the state where it maintains a place of business.

A member of the Armed Forces on active duty is a resident of the state in which his or her or her permanent duty station is located. If a member of the Armed Forces maintains a home in one state and the member’s permanent duty station is in a nearby state to which they commute each day, then the member has two states of residence and may purchase a firearm in either the state where the duty station is located or the state where the home is maintained.

[18 U.S.C. 921(b), 922(a)(3), and 922(b)(3); 27 CFR 478.11]

Any person who sells, transfers, or ships for profit cigarettes, electronic nicotine delivery systems or “ENDS” (which refers to vapes and e-cigarettes), or smokeless tobacco in interstate commerce, whereby such cigarettes or smokeless tobacco are shipped into a state, locality or Indian country of an Indian tribe taxing the sale or use of cigarettes or smokeless tobacco must first register with ATF. In addition, any person who advertises or offers cigarettes (including ENDS after March 27, 2021) or smokeless tobacco for such sale, transfer, or shipment, must first register with ATF. See 15 U.S.C. §§ 375 and 376.

There is no deadline. However, one must register with ATF before doing any of the acts described on the “Who is required to register with the ATF under the PACT Act?” Q&A page. As of March 27, 2021, the PACT Act will define cigarettes to include electronic nicotine delivery systems (ENDS).

No. ATF Form 5070.1 is an ATF (federal) form. Individual state and local tax administrators may have their own registration forms, which you will also need to fill out.

Yes. ATF will send a registration confirmation email/letter notification to applicants confirming the receipt of their PACT Act registration packet.

There is no Alcohol and Tobacco Tax and Trade Bureau (TTB) registration regarding 15 U.S.C. § 376(a)(1). A company only has to register with ATF, and with any states or localities that ships (sends) taxable electronic nicotine delivery systems (ENDS), cigarettes or smokeless tobacco.

No. The PACT Act does not address the receipt of products.

A person who does not sell, transfer, or ship for profit cigarettes (which will include electronic nicotine delivery systems or “ENDS” after March 27, 2021) or smokeless tobacco in interstate commerce, such cigarettes or smokeless tobacco are shipped into a state, locality or Indian country of an Indian tribe taxing the sale or use of cigarettes or smokeless tobacco and who does not advertise or offers cigarettes or smokeless tobacco for such sale, transfer or shipment, does not need to register with ATF. Therefore, a retailer who does not do any of these activities, but who only receives shipments from other vendors, does not need to register with ATF.

ATF compliance checks and audits will depend on numerous factors including industry compliance; thus, ATF cannot answer this question at this time. ATF currently conducts periodic PACT Act inspections and issues civil fines for PACT Act violations.

Yes. ATF works closely with industry members to conduct routine checks and audits.

The first PACT Act reports were due on April 10, 2021.

According to 15 U.S.C. § 376(a)(2), all reports are due on the 10th day of each calendar month with the tobacco tax administrator of the state into which shipments are made, a memorandum or a copy of the invoice covering every shipment of cigarettes (includes electronic nicotine delivery systems, a.k.a. ENDS) or smokeless tobacco made during the previous calendar month into the state. Each memorandum or invoice must include the name and address of the person to whom the shipment was made, the brand, the quantity, the name, address, and phone number of the person delivering the shipment to the recipient on behalf of the delivery seller. All invoice and memoranda information relating to specific customers must be organized by city or town and by zip code.
 

The PACT Act not only applies to shipments in interstate commerce (see 15 U.S.C. § 376), but also to all delivery sales (see 15 U.S.C. § 376a).

The term “delivery sale” means any sale of cigarettes (including electronic nicotine delivery systems, a.k.a. ENDS) or smokeless tobacco to a consumer if:

• the consumer submits the order for the sale by means of a telephone or other method of voice transmission, the mails, or the internet or other online service, or the seller is otherwise not in the physical presence of the buyer when the request for purchase or order is made; or
• the cigarettes or smokeless tobacco are delivered to the buyer by common carrier, private delivery service, or other method of remote delivery, or the seller is not in the physical presence of the buyer when the buyer obtains possession of the cigarettes or smokeless tobacco.

See 15 U.S.C. § 375.

Delivery sales are subject to legal requirements relating to:

1. shipping;
2. recordkeeping requirements;
3. all state, local, tribal, and other laws generally applicable to the sale as if the delivery sales occurred entirely within that specific state and place, including laws imposing—
   • (A) excise taxes;
   • (B) licensing and tax-stamping requirements;
   • (C) restrictions on sales to minors; and
   • (D) other payment obligations or legal requirements relating to the sale, distribution, or delivery of cigarettes or smokeless tobacco; and
4. the tax collection requirements set forth in subsection (D).

See 15 U.S.C. § 376a.

No. Monthly reports for electronic nicotine delivery systems (ENDS) only need to be filed in states, localities and Indian territories that tax the sale or use of ENDS, not with ATF.

Whether the USPS, a third-party common carrier, or your own delivery service is used, any person who sells, transfers or ships electronic nicotine delivery systems (ENDS) for profit in interstate commerce into a state, locality or Indian country of an Indian tribe taxing the sale or use of ENDS or who advertises or offers ENDS for such sale, transfer, or shipment, must register with ATF and file reports with the states, localities and Indian countries where the ENDS are being sold, transferred or shipped. See 15 U.S.C. §§ 375 and 376.

Additionally, an online sale of ENDS to a consumer who is not physically present is a delivery sale.

The term “delivery sale” means any sale of cigarettes (including ENDS) or smokeless tobacco to a consumer if:

• the consumer submits the order for the sale by means of a telephone or other method of voice transmission, emails, traditional mail, the internet or other online service, or the seller is otherwise not in the physical presence of the buyer when the request for purchase or order is made; or
• the cigarettes or smokeless tobacco are delivered to the buyer by common carrier, private delivery service, or other method of remote delivery, or the seller is not in the physical presence of the buyer when the buyer obtains possession of the cigarettes or smokeless tobacco.

See 15 U.S.C. § 375.

Delivery sales are subject to legal requirements relating to:

1. shipping;
2. recordkeeping requirements;
3. all state, local, tribal, and other laws generally applicable to the sale as if the delivery sales occurred entirely within that specific state and place, including laws imposing—
   • (A) excise taxes;
   • (B) licensing and tax-stamping requirements;
   • (C) restrictions on sales to minors; and
   • (D) other payment obligations or legal requirements relating to the sale, distribution, or delivery of cigarettes or smokeless tobacco; and
4. the tax collection requirements set forth in subsection (D).

See 15 U.S.C. § 376a.

Whether one person is responsible for the bad acts of another depends on general principles of law such as those pertaining to aiding and abetting and conspiracy and must be analyzed on a case-by-case basis. Generally speaking, one’s liability will be tied to one’s knowledge of and complicity in the other’s bad act.

Example of Bad Acts

For example, a manufacturer or wholesaler may reasonably believe that an out-of-state retailer/person who drives hundreds of miles to buy a tobacco product that they can readily purchase in their home state is evading tax and reporting requirements.

If the seller sells products to this retailer/person despite having reasonable cause to believe the retailer/person is not a legitimate tax-paying retailer, the seller may potentially be liable under the PACT Act and other laws.

Unfortunately, no. Qualification requirements must be developed based on the position, series and grade announced. Agencies must develop these requirements before the announcement opens, and agencies are prohibited from requiring more than what is necessary to do the job from applicants. Agencies are also not allowed to compare applicants against one another; they are only allowed to compare applicants against the requirements.

In simple terms, qualified veterans are essentially referred ahead of non-veterans or non-preference eligibles. Selecting officials may not bypass qualified veterans over non-veterans, unless the referred veteran(s) are selected, withdraw from competition, or in rare cases a pass over is granted.

“Category Rating” is used for positions advertised under Delegated Examining procedures (open to all U.S. citizens to apply). Under Category Rating, applicants are placed into groups (Best Qualified, Well Qualified and Qualified) based on the contents of their application. Veterans with a disability of 10 percent or more are placed at the top of the highest category on the referral list (except for scientific or professional positions at the GS-9 level or higher) if they meet minimum qualifications. Veterans’ preference does not apply to positions that are covered by a Direct Hire Authority (DHA). If a position is covered by a DHA, it will be stated in the announcement.

ATF receives a lot of highly qualified veteran applicants for most all 1800, clerical and administrative positions. It can be very challenging to get referred to the hiring manager(s), if you are a non-veteran applying to those positions at ATF that are open to the public, but we encourage you to continue to apply.

No. Only veterans discharged or released from active duty in the armed forces under honorable conditions are eligible for veterans’ preference. For more information about veterans’ preference, visit Feds Hire Vets.

Your resume must thoroughly describe how your skills and experiences align with the criteria defined in the qualifications section of the job announcement and support your responses to the assessment questionnaire. Federal Human Resources professionals operate under various federal employment laws, rules and regulations. We are prohibited from drawing conclusions or making assumptions regarding your experience or qualifications. It is up to you to describe your past work experience in detail by providing examples related to those listed in the requirements section of the job announcement.

Your experience, including relevant volunteer, paid or unpaid work and roles in community organizations, should address all qualifications in the vacancy announcement. Be specific to ensure the hiring agency can determine the experience they are seeking. If the qualifications section says you need experience developing quality assurance standard operating procedures and division policies, you need to provide evidence of this qualifying experience in your resume.

Federal Human Resources professionals operate under various federal employment laws, rules and regulations. We are prohibited from drawing conclusions or making assumptions regarding your experience or qualifications. It is up to you to describe your past work experience in detail by providing examples related to those listed in the requirements section of the job announcement.

Note: Academic curriculum vitae typically do not include enough information for a Human Resources professional to determine if you meet minimum eligibility requirements. We cannot assume you have the necessary experience required for a position regardless of your employment history or academic career. If you choose to use an academic curriculum vitae, please expand upon the traditional form to include the information in the following section for each experience/position listed. To ensure all of the essential information is in your resume, we encourage you to use the USAJobs Online Resume Builder.

Minimum or basic qualifications are intended to identify applicants who are likely to perform successfully on the job, and to screen out those who are unlikely to do so. They provide critical information that relates to the work of vacant positions to be filled. Hiring officials and human resources professionals use minimum qualifications in vacancy announcements to pinpoint education and/or experience related to and qualifying for vacant positions. The qualifications describe the qualifying education and/or experience required for vacant positions. This information in vacancy announcements is every applicant’s roadmap for determining whether they meet the qualifications and should apply to vacancy announcements.

Current criminal investigators may apply under an open announcement, however, applicants who submit an application under an “entry level” announcement will only be considered for a position at the GS grade 5, 7 or 9 level.

You may apply to any job; however, you may not be eligible for the job if you do not fall into one of the required categories. If you are not eligible, your application may not be considered. For example, any U.S. Citizen is eligible to apply to positions that are “Open to the Public”. Look for the "This job is open to" section in the job announcement to see who is eligible to apply.

The job announcement will list who is eligible by using one or many USAJOBS hiring paths. Visit the USAJOBS hiring paths page for more information: https://www.usajobs.gov/Help/working-in-government/unique-hiring-paths/.

No. While “first in, first out” is a guiding principle, NFA Division will focus its resources on processing those NFA applications that have received a “proceed” from FBI-NICS in response to the required background check. NFA applications were previously processed on a “first in, first out” basis, which resulted in delayed processing for NFA applications with a proceeded background check. For example, previously, a NFA application with a proceeded background check would not be processed until a NFA application with a delayed background check was resolved. Now, the NFA application with a proceeded background check gets priority for processing. NFA will continue to submit background checks to FBI-NICS in the order applications are received. NFA Division will then process NFA applications as it receives background check responses from FBI-NICS.