Volume 22, Number 4 June / July 2014
 
 
 

ATF Q&A



You’ve searched the premises and still can’t find it. What do you do? Q: What should a Federal Firearms Licensee (FFL) do when it finds it has lost a completed Form 4473 and a thorough search of the premises fails to locate it? A: If you have lost a Form 4473, we recommend the following actions: If you find that you are missing a single Form 4473, you should conduct a thorough and diligent search of your premises and make a call to the customer to verify that he did not mistakenly take it with him. If you still cannot… [Read More]

 
 


 



What do you do if a firearm has only a serial number present? Q: A customer brought in a firearm to my gunsmithing shop with only the serial number present on the firearm. I know the make and model of this firearm. Should I enter what I know in my repair bound book, or should I put “Unknown”? A: Even if the identifying information is not legible, if the licensee knows the manufacturer and model of the firearm, he or she is expected to record such information in the A&D record. Documenting all firearm identification information enhances the traceability of… [Read More]

 



Steps to renew a license in a timely manner Q: My FFL is going to expire soon. What steps do I have to take in order to renew my license in a timely manner? A: An application for renewal of a Federal Firearms License (FFL) must be filed with the Federal Firearms Licensing Center (FFLC) every three years prior to the expiration of the license. It is very important to timely renew the FFL in order to avoid a lapse in the “active” status of the license. A renewal notice is generated three months prior to the expiration of the… [Read More]

 



Can I prepare paperwork in and deliver a firearm to a customer’s residence? Q: I have an elderly customer who cannot leave his home. I have a gun in my store that he wants to buy. Can I go to his house, fill out all the paperwork, call for a background check and deliver the gun to him, providing that all the background checks clear? A: Federal Firearms Licensees (FFLs) are required to conduct business from their licensed “business premises.” Licensees may not conduct firearms transactions from locations other than their licensed premises, with the exception of gun shows or… [Read More]

 



If a person is unable to complete a form, can someone help him do it? Q: If a person who is unable to complete a 4473 form because of illiteracy or a physical disability wishes to purchase a firearm, how may the transfer be legally completed? May an accompanying person complete the form for the purchaser? A: The buyer must personally complete Section A of the ATF Form 4473 and certify (sign) that the answers are true, correct and complete. However, if the buyer is unable to read and/or write, the answers (other than the signature) may be completed by… [Read More]

 



A manufacturer gets clarification on ATF Rul. 2010-8 Q: I’m a manufacturer (type 07) and perform gunsmith operations in addition to manufacturing and sales. I was instructed to have three bound books: manufacturing, gunsmithing and sales. How does ATF Rul. 2010-8 affect me? A: ATF Rul. 2010-8 authorizes licensed manufacturers to maintain the required records of 27 CFR 478.123(a), 478.123(b) and 478.123(d) in one consolidated record without the need for an approved variance, issued under 478.22, provided that the consolidated A&D record contains specific information. As such, you would be permitted to maintain one A&D record for all of your… [Read More]

 



Is a photo ID necessary for a known customer? Q: A person whom I’ve known very well for years no longer drives and does not have a valid driver’s license. He uses his Social Security card for his official ID, for he no longer has government-issued photo identification. Can I sell him a firearm with only his Social Security card for identification? A: A Social Security card does not contain sufficient information to identify a firearms purchaser. A purchaser may be identified by any combination of valid government-issued documents that together establish all of the required information: Name, residence address,… [Read More]

 



The “when” and “which” for state abbreviationsQ: Line 2 of Form 4473 states that U.S. Postal abbreviations are accepted. Are state abbreviations also accepted on Lines 3, 13 and 19? If so, does it matter whether it is in postal format (e.g., MS) or Associated Press style (e.g., Miss.)? A: 27 CFR 478.124(c)(1) and the Notices, Instructions and Definitions on pages three through six of the Form 4473 do not specifically address whether postal abbreviations can be used in Blocks 3, 13 and 19. It is the responsibility of the licensee to obtain a Form 4473 from the transferee with… [Read More]

 



Whom should you contact when a firearm is recovered? Q: After having completed an inventory and not been able to locate one firearm, I promptly contacted the ATF and local authorities. A week later, we discovered the firearm in our stockroom, and I again notified the ATF. Must I also contact those local authorities? A: Yes, the licensee is responsible for notifying both the ATF and local authorities about the recovery of the missing firearm. Q: If a Federal Firearms Licensed-retailer, while exhibiting at a gun show within that FFL’s own state, is doing NICS checks for firearms being sold… [Read More]

 


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