Questions and Answers

Yes. Neither the GCA nor its implementing regulations require firearms be shipped only to the licensed business premises. Therefore, a licensee may lawfully receive firearms at the licensee’s mailing address, storage location, or other address where the licensee intends to ensure safe and secure receipt of the firearms.

Firearms received for sale on consignment must be entered in the licensee’s acquisition and disposition record. The sale of a consignment firearm is handled in the same manner as other firearm sales.

Return of any consigned firearms by the licensee to the consignor must be entered in the licensee’s disposition record. An ATF Form 4473 and a NICS check must be completed prior to the return of such firearms.

[18 U.S.C. 923(g); 27 CFR 478.122, 478.123, 478.124 and 478.125]

A licensee may not allow an individual who is a prohibited person to receive or possess firearms or ammunition, including persons employed by the licensee.

[18 U.S.C. 922(g) or (n), and 2]

Assuming the transfer otherwise complies with federal and state law, a licensee may transfer a firearm to a nonlicensed person who does not appear in person at the licensed premises only when a background check is not required to transfer the firearm, and both reside in the same state.

For example, a licensee may ship firearms to residents within the same state as the licensee where the transferee has a valid permit that has been recognized as an alternative to NICS where the licensee complies with the procedures set forth in 18 U.S.C. 922(c), 27 CFR 478.96(b) and ATF Procedure 2013–2.

In any transaction where a NICS check is required, the firearm must be sold over–the–counter.

[18 U.S.C. 922(c) and 922(t); 27 CFR 478.96 and 478.124; ATF Procedure 2013–2]

The identification document presented by the transferee must have a photograph of the transferee, as well as the transferee’s name, residence address, and date of birth. The identification document must also be valid (e.g., unexpired) and have been issued by a governmental entity for the purpose of identification of individuals. An example of an acceptable identification document is a current driver’s license.

A combination of government issued documents may be used to meet the requirements of an identification document. For example, a passport which contains the name, date of birth, and photograph of the holder may be combined with a voter or vehicle registration card containing the residence address of the transferee in order to comply with the identification document requirements. A passport issued by a foreign government is also acceptable so long as it has all of the required information.

Whether a hunting license or permit issued by a retailer meets the definition of an identification document is State law specific. This license or permit meets the definition of an identification document if the State in which the retailer is located has authorized the retailer to supply State issued documents. If the State recognizes the hunting license or permit as government issued, then this license or permit would qualify as being government issued for the purposes of supplementing another government issued identification document.

A description of the location of the residence on an identification document, such as a rural route, is sufficient to constitute a residence address provided the purchaser resides in a State or locality where it is considered to be a legal residence address.

[18 U.S.C. 922(t); 27 CFR 478.11 and 478.124]

The following steps must be followed prior to transferring a firearm:

1. The licensee must have the transferee complete and sign ATF Form 4473, Firearms Transaction Record.

2. The licensee must verify the identity of the transferee through a government–issued photo identification.

3. Unless an exception applies, the licensee must contact NICS through either the FBI or a State point of contact (POC). A licensee may not transfer a firearm unless the licensee receives a “proceed” response, or three business days have elapsed since the licensee contacted National Instant Criminal Background Check System (NICS), and the system has not notified the licensee that the receipt of a firearm by such other person would violate the law. Licensees contacting the FBI directly and receiving a “delayed” response will receive information from the FBI indicating when the 3 business day time period elapses. A licensee may not transfer a firearm where a “denied” response is issued by NICS.

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]

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)]

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)]

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]

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]

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]

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.
   

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.

An electronic device is a device that operates by using an electrical current; either stored or on-demand.

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.

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.

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.

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.

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.

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.

If the position has an education requirement or you are qualifying on the basis of education, you need to list your education history including the type of degree and your major of study. If the position requires a certain number of credit hours, you are strongly encouraged to list the relevant courses in your resume. Unless specified in the announcement, ATF typically does not require transcripts at the time of application, but you are encouraged to provide unofficial copies as it can help with your determination.

Your resume must thoroughly describe how your skills and experiences align to the criteria defined in the qualifications section of the job announcement and support your responses to the assessment questionnaire. Over including is generally not an issue but elaborating on irrelevant experience may distract reviewers and hurt your chances. Avoid adding information just to make your resume longer. Our reviewers at ATF are very experienced. Adding filler or buzz words without providing any context (who, where, what, when, why and how) will not help your chances. Our reviewers are trained to not consider this type of experience qualifying.

Do not include a photograph or video of yourself, or any sensitive information (age, date of birth, marital status, protected health information, religious affiliation, social security number, etc.) on your resume or cover letter or anywhere in your application package. We will not access web pages linked on your resume or cover letter to determine your qualifications. If you have information on a web page you want us to review, copy and paste it into a cover letter and submit it with your application.

Please do not submit any other supplementary documentation that is not requested of you in the announcement. To protect your personal information, we will only send your resume and cover letter to the selecting official or hiring manager.

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.