Collectors
Yes. A person may obtain a collector’s license. However, this license applies only to transactions in curio or relic firearms.
[18 U.S.C. 921(a)(13), 923(b); 27 CFR 478.41(c), (d), and 478.93]
Curio and relic (C&R) firearms are defined as firearms which are of special interest to collectors because they possess some qualities not ordinarily associated with firearms intended for sporting use or as offensive or defensive weapons.
To be recognized as a curio or relic, firearms must fall within one of the following categories:
- Firearms manufactured at least 50 years prior the current date, but not including replicas thereof;
- Firearms certified by the curator of a municipal, state, or federal museum which exhibits firearms to be curios or relics of museum interest; and
- Firearms which derive a substantial part of their monetary value from the fact that they are novel, rare, or bizarre or from the fact of their association with some historical figure, period, or event.
ATF has recognized only complete, assembled firearms as curios or relics. ATF’s classification of surplus military firearms as curios or relics has extended only to those firearms in their original military configuration. Frames or receivers of curios or relics are not generally recognized as curios or relics.
Collectors wishing to obtain a determination whether a particular firearm qualifies for classification as a curio or relic may submit a written request for a determination to ATF’s Firearms Technology Branch. ATF’s classifications of curios and relics firearms are published in ATF Publication 5300.11.
No. A licensed collector has the same status under the Gun Control Act (GCA) as a nonlicensee except for transactions in curio or relic firearms.
[27 CFR 478.93]
No. A dealer’s license must be obtained to engage in the business of dealing in any firearms, including curios or relics.
[18 U.S.C. 922(a) and 923(a); 27 CFR 478.41(d)]
No. However, licensed collectors are required to keep an acquisition and disposition (A&D) record.
[18 U.S.C. 923(g)(2); 27 CFR 478.125(f)]
No. However, it is unlawful for any person to transfer a firearm to any person knowing or having reasonable cause to believe that such person is a felon or is within any other category of person prohibited from receiving or possessing firearms.
[18 U.S.C. 922(d) and 922(t)(1); 27 CFR 478.32(d) and 478.102]
Licensed collectors are required to comply with written notification to unlicensed individuals upon delivery of a handgun. However, the sign posting requirement does not apply to licensed collectors.
[27 CFR 478.103]
No. Licensed collectors are not required to submit their acquisition and disposition (A&D) records to ATF upon discontinuance of their collecting activity.
[18 U.S.C. 923(g)(4); 27 CFR 478.127]
Firearms and Ammunition Technology Division (FATD) classifications determine whether or not a firearm is regulated under the Gun Control Act or National Firearms Act (NFA). FATD also evaluates firearms (and other defense articles) for suitability to be imported and conducts examinations of ammunition.
Please be aware that FATD does not make determinations based on drawings, photographs, written descriptions, or diagrams. In order to render an appropriate classification, please ship the physical item and any supporting information to the following address:
Bureau of Alcohol, Tobacco, Firearms, and Explosives
Firearms & Ammunition Technology Division
244 Needy Road
Martinsburg, WV 25405
Please ship your item to FATD with a prepaid return shipping label with tracking for the return of your item. Providing a shipping account number instead of a trackable prepaid shipping label will not be accepted.
The U.S. Postal Service recommends that long guns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms.
You cannot ship a handgun or ammunition through the U.S. Postal Service. A commercial carrier must be used to ship a handgun. Please check with the specific carrier before shipping to ensure your package meets all of legal requirements.
Do not use packing peanuts or similar types of packing material that may become lodged into moving parts of the item or device and cause safety issues. Small parts and pieces must be placed into a sealed zip-lock type clear plastic bag to prevent loss.
FATD may be unable to return the sample if the item is classified as an unregistered NFA weapon (machinegun, silencer, short barreled rifle, short barreled shotgun, etc.), or any other legally prohibited item.
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]
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)]
Yes. It is unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver any firearm to any person if the person’s purchase or possession would be in violation of any state law or local published ordinance applicable at the place of sale, delivery or other disposition.
[18 U.S.C. 922(b)(2); 27 CFR 478.99(b)(2)]
Yes. The requirement to give written notification applies when the licensee delivers a handgun to a nonlicensee.
[27 CFR 478.103]
The licensee should note “stolen” or “lost” and the date in the disposition section of the acquisition and disposition record for each firearm stolen or lost. In addition, the licensee should also record in the bound book the control number provided by ATF upon notification of the theft or loss.
A licensee selling or disposing of firearms to another licensee must verify the licensed status of the transferee by having the transferee furnish to the transferor a certified copy of the transferee’s license and by any other means the transferor deems necessary (such as the FFL eZcheck).
[27 CFR 478.94]
No. A license is not required for a dealer in ammunition only. However a license is required to manufacture or import ammunition.
[18 U.S.C. 922 (a)(1)(B); 27 CFR 478.41]]
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)]
2. A device incorporated into the design of the firearm that is designed to prevent the operation of the firearm by anyone not having access to the device; or
3. A safe, gun safe, gun case, lock box, or other device that is designed to be or can be used to store a firearm and that is designed to be unlocked only by means of a key, a combination, or other similar means.
Zip ties, rope, and string do not meet this definition.
[18 U.S.C. 921(a) (34)]
[18 U.S.C. 922(z)]
No.
[18 U.S.C. 922(b)(3); 27 CFR 478.99(a)]
No. A frame or receiver is a type of firearm “other than a shotgun or rifle” and the transfer by a licensee to an individual less than 21 years of age would be prohibited.
[18 U.S.C. 921(a)(5) and (7) and 922(b)(1); 27 CFR 478.11 and 478.99(b)]
A licensee who receives a firearm for repair or customizing, and who returns a replacement firearm, must record the disposition in the licensee’s acquisition and disposition record. However, no ATF Form 4473 is required if the replacement firearm is returned to the same person from whom the licensee received the firearm being replaced. The replacement firearm must be of the same kind and type.
[18 U.S.C. 922(a)(2)(A); 27 CFR 478.124(a) and 478.147]
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]
