Updating ATF’s compliance and recordkeeping framework to reflect current technology and business practices.
Contents
- 01P: Revising Firearms Transaction Record, “Form 4473” - NPRM
- 07P: Firearms Electronic Record-keeping - NPRM
- 08P: Firearm Records Retention Periods - NPRM
- 32D: Licensee “eZ Check” Verification for Transfers - DIRECT FINAL RULE
- 26P: Revising Non-Over-the-Counter Firearms Transaction Requirements - NPRM
01P: Revising Firearms Transaction Record, “Form 4473” - NPRM
ATF is proposing comprehensive updates to ATF Form 4473 (the Firearms Transaction Record required for all commercial firearms transfers) and its implementing regulations. The proposed rule would streamline identity and residency verification requirements for transferees; increase the time period for which a National Instant Criminal Background Check System (NICS) background check remains valid; clarify exceptions to background checks; permit electronic notice; and authorize the use of electronic forms, auto-population, and digital record attachments. The proposed rule would also incorporate ATF rulings and other guidance to align regulations with their authorizing statutory text as well as make minor technical revisions. These updates reflect modern business practices and are intended to reduce administrative burden on law-abiding citizens and businesses, while maintaining robust safeguards against unlawful transfers.
07P: Firearms Electronic Record-keeping – NPRM
ATF is proposing to formally authorize Federal Firearms Licensees (FFLs) to generate, maintain, and store required records, including ATF Form 4473 and Acquisition and Disposition (A&D) records, using electronic record-keeping systems. ATF has already permitted this practice for many licensees through blanket and individual variance authorizations. This proposal codifies that authority into regulation, standardizing electronic recordkeeping across the industry, reducing the paperwork burden on licensees, and enhancing ATF’s ability to support timely firearm tracing and investigative efforts.
08P: Firearm Records Retention Periods – NPRM
ATF is proposing to replace the current practice of indefinite retention of Federal Firearms Licensees (FFL) records with definite retention periods for ATF Forms 4473 and Acquisition and Disposition (A&D) records. ATF is considering retention periods of either 20 or 30 years and is requesting public comment on the appropriate timeframe for certain records. ATF also proposes a 20 or 30 year retention period would be required for ATF’s Out-of-Business Records Center at the National Tracing Center. The proposal introduces a 90-day retention period for records related to private-party transfers and voluntary firearm handler checks. Additionally, the proposal includes a five-year retention period for multiple sales reports, pistols and revolvers (ATF Form 3310.4), theft loss reports (ATF Form 3310.11), and Forms 4473 where the transaction is initiated but not completed. This update reflects standard federal records management principles and provides regulatory clarity for licensees.
32D: Licensee “eZ Check” Verification for Transfers - DIRECT FINAL RULE
ATF is issuing a direct final rule to allow Federal Firearms Licensees (FFLs) transferring firearms to other FFLs to verify the transferee’s license using ATF’s publicly available ‘FFL eZ Check’ online system rather than requiring the transferor to obtain a certified paper copy of the transferee’s license. The rule also removes an outdated and now unnecessary ‘grace period’ provision that previously allowed transferors to continue to sell or transfer firearms to an FFL listed on a certified list from multi-licensed organizations for up to 45 days after the expiration date of that licensee’s specific license.
26P: Revising Non-Over-the-Counter Firearms Transaction Requirements - NPRM
ATF is proposing to amend regulations to authorize “Non-Over-the-Counter” (NOTC) firearm sales by Federal Firearms Licensees (FFLs) to residents of the same state. The proposed rule would allow FFLs to comply with the requirements of NOTC transactions originally implemented by the Gun Control Act of 1968 and the requirements of the Brady Handgun Violence Prevention Act of 1994 more efficiently to include identification verification. This update is based on the recognition of increased options to securely verify photo identification of prospective purchasers, thereby providing greater flexibility while maintaining the rigorous identification verification and background checks required by the Brady Act.
