è Have you been delayed or denied a firearm transfer? Would you like to obtain a copy of your FBI 'Rap Sheet'? Read this primer to learn what to do! ç FBI/BATFE Links and Publications BATFE Frequently Asked Questions Bureau of Alcohol, Tobacco, Firearms and Explosives Home Page Federal Bureau of Investigation Homepage List of ATF Industry Operations Field Offices New Orleans Field Division Quick Reference to Federal Firearms Laws Federal Firearms Regulations Reference Guide (2005) State Firearms Laws and Published Ordinances (Louisiana) (entire publication) National Firearms Act Handbook (download handbook) Department of the Treasury Study on the Sporting Suitability of Modified Semiautomatic Assault Rifles Gun Free School Zone Notice Youth Handgun Safety Act Notice States whose permits exclude permit holders from NICS checks Federal Firearms Licensing Center Uniform Crime Reports How long does a NICS 'Delay' Take? National Criminal History Improvement Program Identification of Firearms Other Resources United States House of Representatives U.S. Senate Home Page White House Home Page NRA ILA Federal Firearms Laws Page U.S. Code Online Electronic Code of Federal Regulations Federal Register U.S. National Archives and Records Administration Firearm Owners Protection Act on Wikipedia Links to Federal Firearm Laws Title 27--Alcohol, Tobacco Products, and Firearms US CODE Title 18,CHAPTER 44—FIREARMS § 921. Definitions § 922. Unlawful acts § 923. Licensing § 924. Penalties § 925. Exceptions: Relief from disabilities § 925A. Remedy for erroneous denial of firearm § 926. Rules and regulations § 926A. Interstate transportation of firearms § 926B. Carrying of concealed firearms by qualified law enforcement officers § 926C. Carrying of concealed firearms by qualified retired law enforcement officers § 927. Effect on State law § 928. Separability § 929. Use of restricted ammunition § 930. Possession of firearms and dangerous weapons in Federal facilities § 931. Prohibition on purchase, ownership, or possession of body armor by violent felons TITLE 42 > CHAPTER 21 > SUBCHAPTER I > § 1983. Civil action for deprivation of rights Brady Law (P.L. 103-159, Title I; 107 Stat. 1536) 1968 Gun Control Act, as amended by Brady Law (18 U.S.C. Chapter 44) Prohibited categories (18 U.S.C. § 922(g)(1)-(9)) Lautenberg Amendment (18 U.S.C. § 922(g)(9)) Definitions of Prohibited Persons National Instant Criminal Background Check System Regulations Brady Implementation Privacy Act of 1974; Notice of New System of Records (Proposed Rule) Exemption of System of Records Under the Privacy Act Temporary Rule -- Misdemeanor Crimes of Domestic Violence (ATF) (Proposed Rule) Proposed rulemaking cross-referenced to Temporary Rule Federal Firearms Regulation Reference Guide Index ATF Firearm FAQs A. GENERAL QUESTIONS Businesses subject to regulation Federal license or permit to carry Antiques Ammunition covered by the GCA Sale of firearms parts Making of firearms Relief from firearms disabilities Alternatives to relief B. UNLICENSED PERSONS Transfers of firearms Acquisition of firearms Out-of-State purchases of firearms Out-of-State purchases of ammunition Prohibited persons Law enforcement officers subject to restraining orders Mailing firearms through the U.S. Postal Service Shipment of firearms by common/contract carriers Interstate shipment of firearms for sporting purposes Transporting firearms interstate as part of a move Residency—general Residency in more than one State Firearm purchases by legal aliens Juveniles obtaining firearms Curio or relic firearms Recordkeeping for private firearms transactions Potato guns C. LICENSING Licensing eligibility Application procedure Locations covered by license Dual licensing Operations after expiration Surrender of records What records are to be surrendered Successor owner—need for license FFL does not provide a State right/privilege to carry License to deal at gun shows Change in location Sales of black powder D. ATF FORM 4473 - FIREARMS TRANSACTION RECORD Form 4473 availability Private sales Dealer transferring to himself Who signs the Form 4473 for the seller Means of identification Form 4473--when signed E. RECORDS REQUIRED--LICENSEES Bound book Multiple bound books Bound book--availability Approved variances Time for entries into bound book Ammunition Rental firearms Sale of personal firearms Computer records F. CONDUCT OF BUSINESS--LICENSEES Compliance with State and local laws Sales to out-of-State nonlicensees Out-of-State sales to law enforcement Employees under age 21 Handguns—reporting multiple sales Firearm and ammunition purchasers—age requirements “Interchangeable” ammunition purchasers—age requirements Verification—licensees' status Verification—multi-licensed entity Deliveries after license expiration License to sell ammunition Sales at gun shows Sales at out-of-State gun shows Mailing firearms through the U.S. Postal Service Consignment sales Reporting stolen firearms Stolen firearms—records Distribution of multiple sale forms Responses to trace requests Written notification on juvenile handgun possession Posting signs on juvenile handgun possession G. COLLECTORS Collector's license Collector's license limitations Collector cannot engage in business Dealer’s need for collector’s license Form 4473 Brady law Notification and posting signs concerning juvenile handgun possession Surrender of records H. MANUFACTURERS Import business not covered by manufacturer’s license Firearms not covered by ammunition manufacturer’s license Ammunition covered by firearms manufacturer’s license Reloaders of ammunition Excise taxes Gunsmithing under a dealer’s license (type 01), or do gunsmiths need to be licensed as “manufacturers” of firearms? I. GUNSMITHS Activity requires license Records Form 4473 Immediate repairs NFA weapon repair Notification and posting signs concerning juvenile handgun possession Brady law J. PAWNBROKERS Disposition records Form 4473 Prohibited categories of persons Notification and posting signs concerning juvenile handgun possession Brady law K. AUCTIONEERS License requirements Location of sales L. IMPORTING AND EXPORTING Importation by licensed dealers Exportation Regulation of gas masks Resale of imported gas masks M. FIREARMS--NATIONAL FIREARMS ACT (NFA) Firearms requiring registration Lawful acquisitions Tax on making Paying tax on making Unserviceable NFA firearms NFA firearms acquired by police Unregistered NFA firearms Penalties for unlawful possession Disposal of unregistered firearm Exemptions from making/transfer tax How to qualify to import/manufacture/deal Payment—special (occupational) tax Special tax generally required for each activity Licensed collector—NFA firearms Required transfer procedures Authorization to make Conversion part(s) subject to registration Acceptable “law enforcement certifications” Absence of duty to sign “law enforcement certification” Refusal to sign "law enforcement certification" Approval to transfer interstate—when required Disapproved application to transfer interstate—options Application to transfer prior to receipt not allowed Pistol and attachable shoulder stock Evidence of registration required Status—unloaded grenades, shell casings, etc. Status—muzzle-loading cannons Status—grenade and rocket launcher attachments Definition of "conversion kit" Paintball and/or airgun sound suppressors Which agency collects the special (occupational) tax from persons who wish to import, manufacture or deal in National Firearms Act (NFA) firearms? Who is liable for the tax? How is the special tax paid? When is the special tax due? What are the classes of special tax and the rates? What do I get to show I paid the special tax? Does payment of the tax qualify me to import, manufacture, or deal in NFA firearms? Does a single payment entitle a person to import and manufacture NFA firearms? Do I need an Employer Identification Number and, if so, how do I get one? What if I change my business structure? Can I use a trade name? What if I change my address during the tax year? How do I claim a refund of special tax paid? What is the process for renewing the tax payment for the next Tax Year? If I discontinue business as an importer, manufacturer, or dealer in NFA firearms must I dispose of my inventory of NFA firearms? N. MACHINE GUNS - NFA Manufacture by unlicensed person Transfers by registered owners O. SEMIAUTOMATIC ASSAULT WEAPONS AND LARGE CAPACITY AMMUNITIONFEEDING DEVICES (SAWs and LCAFDs) Definition of the semiautomatic assault weapon (SAW) ban Duration of SAW ban Definition of the Large Capacity Ammunition Feeding Device (LCAFD) ban Duration of LCAFD ban Records maintenance Sale of SAWs and LCAFDs to civilians Importation Firearm assembly from imported parts NFA weapons Tribal law enforcement entities State law P. BRADY LAW Persons who must comply Effective date of permanent Brady law FBI operates NICS Agencies that perform NICS checks States as points of contact for NICS checks How to find out if you are in a point of contact State Charge for NICS checks Enrolling with FBI for access to NICS Firearms subject to NICS checks Antique firearms Transfers between licensees Transfers of curios or relics by licensed collectors Transfers by licensed dealers to licensed collectors Licensees’ sales of personal firearms Loan or rental of firearms FFL sales at gun shows Redemption of pawned firearms Pawnbroker’s disposition of pawned firearm when transfer “denied” Repeated pawn of same firearm NICS checks prior to accepting firearms in pawn Completion of Form 4473 on pre-pawn NICS check Action of pawnbroker when pre-pawn NICS check results in “denial” Action of pawnbroker when pre-pawn NICS check results in “approval” Return of repaired firearm; transfer of replacement firearm Return of consignment firearm Sales to law enforcement officers for official use Sales to law enforcement officers for personal use Exceptions to requirement to initiate NICS check Required steps prior to firearm transfer Identification of purchaser Non-over-the-counter sales subject to NICS Non-over-the-counter sales not subject to NICS Social security numbers on Form 4473 NICS “proceed,” “denied,” “delayed” responses “Business day” for purposes of Brady law Transfer of firearm after “delayed” NICS response Action of licensee after “denied” NICS response Advice by licensee to proposed transferee denied by NICS How proposed transferee may learn of reasons for “denied” NICS response Recording NICS responses on Form 4473 Action by licensee when no transaction number is provided Keeping Form 4473 when proposed transfer does not occur When to contact NICS Period of time a NICS check is valid When the period of validity of NICS check begins to run Orders for custom-made firearms Multiple firearms transactions When transfer may be made if NICS response is “proceed” or “delayed” State instant or point of sale checks as alternatives to NICS NICS checks after successful appeal of NICS “denial” How licensees know whether a permit is an alternative to NICS check NICS alternative permits not covering type of firearm being purchased NICS alternative permits only valid in State of issuance NICS alternative permits must be valid under State law State instant check systems NICS “proceed” response and State waiting periods Compliance with Federal and State waiting periods NICS checks for transfers to personal collections NICS checks for NFA firearms Raffling firearms at organizational events Q. MISDEMEANOR CRIME OF DOMESTIC VIOLENCE Definition of misdemeanor crime of domestic violence Effective date of disability Constitutionality of disability No requirement to be called a “domestic violence” offense Example of conviction before effective date Applicable law to determine if “convicted” What State and local offenses are misdemeanors Convictions of local criminal ordinances Relationship not required “element” of predicate crime Effect of deferred adjudication Action by convicted licensees Action by convicted individuals Application to law enforcement officers Pardons, expungements, set asides, and civil rights restoration R. NONIMMIGRANT ALIENS Purchase and possession of firearms and ammunition Definition of “nonimmigrant aliens” Waiver Concealed weapons permit Definition of alien or admission number Pre-1998 acquisition of firearms and ammunition. Permanent resident aliens (“green card” holders) Use of a State hunting license to claim exemption in a different State Purchasing firearms in U.S. to take to home country using hunting license and alien/admission number Purchasing firearms in U.S. to take to home country without hunting license or alien/admission number Canadians and alien/admission number Getting an alien/admission number once you already are in the U.S. Temporary import permits for hunting and other lawful sporting purposes Required forms for temporary import for hunting or other lawful sporting purposes Necessity for Form 6 NIA Documentation required to accompany Form 6 NIA applications Documentation required upon entry to U.S Documentation required upon entry to U.S. (Part 2) Approval time for Form 6 NIA applications Number of firearms/ammunition that can be listed on Form 6 NIA Who may fill out and submit a Form 6 NIA application Submission of Form 6 NIA applications via facsimile (fax) ATF Form 6A Multiple hunting trips to U.S. in the same year Multiple competitive U.S. sporting events in same year Individual Form 6 NIA applications for group hunting trip Finding out if a U.S. sporting event qualifies for import permit exception Import permit requirements for antique firearms Restrictions on types of firearms that may be temporarily imported for hunting or shooting competitions in U.S. Leaving firearms with relatives in the U.S. after receiving a temporary import permit Leaving firearms with an FFL in the U.S. after receiving a temporary import permit No export permit required after receiving temporary import permit Renting firearms while in the U.S. for sporting purposes Temporary import permit requirements for U.S. citizens living abroad Canadian citizens traveling through the U.S. to get to another part of Canada Permit requirements for returning to the U.S. with firearms legally purchased in the U.S. Import permit requirements for Canadian law enforcement officers attending U.S. sporting competitions
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Have you been delayed or denied a firearm transfer? Would you like to obtain a copy of your FBI 'Rap Sheet'? Read this primer to learn what to do!
ç
BATFE Frequently Asked Questions Bureau of Alcohol, Tobacco, Firearms and Explosives Home Page Federal Bureau of Investigation Homepage List of ATF Industry Operations Field Offices New Orleans Field Division Quick Reference to Federal Firearms Laws Federal Firearms Regulations Reference Guide (2005) State Firearms Laws and Published Ordinances (Louisiana) (entire publication) National Firearms Act Handbook (download handbook) Department of the Treasury Study on the Sporting Suitability of Modified Semiautomatic Assault Rifles Gun Free School Zone Notice Youth Handgun Safety Act Notice States whose permits exclude permit holders from NICS checks Federal Firearms Licensing Center Uniform Crime Reports How long does a NICS 'Delay' Take? National Criminal History Improvement Program Identification of Firearms
Other Resources
United States House of Representatives U.S. Senate Home Page White House Home Page NRA ILA Federal Firearms Laws Page U.S. Code Online Electronic Code of Federal Regulations Federal Register U.S. National Archives and Records Administration Firearm Owners Protection Act on Wikipedia
Links to Federal Firearm Laws
Title 27--Alcohol, Tobacco Products, and Firearms
TITLE 42 > CHAPTER 21 > SUBCHAPTER I > § 1983. Civil action for deprivation of rights
ATF Firearm FAQs A. GENERAL QUESTIONS Businesses subject to regulation Federal license or permit to carry Antiques Ammunition covered by the GCA Sale of firearms parts Making of firearms Relief from firearms disabilities Alternatives to relief B. UNLICENSED PERSONS Transfers of firearms Acquisition of firearms Out-of-State purchases of firearms Out-of-State purchases of ammunition Prohibited persons Law enforcement officers subject to restraining orders Mailing firearms through the U.S. Postal Service Shipment of firearms by common/contract carriers Interstate shipment of firearms for sporting purposes Transporting firearms interstate as part of a move Residency—general Residency in more than one State Firearm purchases by legal aliens Juveniles obtaining firearms Curio or relic firearms Recordkeeping for private firearms transactions Potato guns C. LICENSING Licensing eligibility Application procedure Locations covered by license Dual licensing Operations after expiration Surrender of records What records are to be surrendered Successor owner—need for license FFL does not provide a State right/privilege to carry License to deal at gun shows Change in location Sales of black powder D. ATF FORM 4473 - FIREARMS TRANSACTION RECORD Form 4473 availability Private sales Dealer transferring to himself Who signs the Form 4473 for the seller Means of identification Form 4473--when signed E. RECORDS REQUIRED--LICENSEES Bound book Multiple bound books Bound book--availability Approved variances Time for entries into bound book Ammunition Rental firearms Sale of personal firearms Computer records F. CONDUCT OF BUSINESS--LICENSEES Compliance with State and local laws Sales to out-of-State nonlicensees Out-of-State sales to law enforcement Employees under age 21 Handguns—reporting multiple sales Firearm and ammunition purchasers—age requirements “Interchangeable” ammunition purchasers—age requirements Verification—licensees' status Verification—multi-licensed entity Deliveries after license expiration License to sell ammunition Sales at gun shows Sales at out-of-State gun shows Mailing firearms through the U.S. Postal Service Consignment sales Reporting stolen firearms Stolen firearms—records Distribution of multiple sale forms Responses to trace requests Written notification on juvenile handgun possession Posting signs on juvenile handgun possession G. COLLECTORS Collector's license Collector's license limitations Collector cannot engage in business Dealer’s need for collector’s license Form 4473 Brady law Notification and posting signs concerning juvenile handgun possession Surrender of records H. MANUFACTURERS Import business not covered by manufacturer’s license Firearms not covered by ammunition manufacturer’s license Ammunition covered by firearms manufacturer’s license Reloaders of ammunition Excise taxes Gunsmithing under a dealer’s license (type 01), or do gunsmiths need to be licensed as “manufacturers” of firearms? I. GUNSMITHS Activity requires license Records Form 4473 Immediate repairs NFA weapon repair Notification and posting signs concerning juvenile handgun possession Brady law J. PAWNBROKERS Disposition records Form 4473 Prohibited categories of persons Notification and posting signs concerning juvenile handgun possession Brady law K. AUCTIONEERS License requirements Location of sales L. IMPORTING AND EXPORTING Importation by licensed dealers Exportation Regulation of gas masks Resale of imported gas masks M. FIREARMS--NATIONAL FIREARMS ACT (NFA) Firearms requiring registration Lawful acquisitions Tax on making Paying tax on making Unserviceable NFA firearms NFA firearms acquired by police Unregistered NFA firearms Penalties for unlawful possession Disposal of unregistered firearm Exemptions from making/transfer tax How to qualify to import/manufacture/deal Payment—special (occupational) tax Special tax generally required for each activity Licensed collector—NFA firearms Required transfer procedures Authorization to make Conversion part(s) subject to registration Acceptable “law enforcement certifications” Absence of duty to sign “law enforcement certification” Refusal to sign "law enforcement certification" Approval to transfer interstate—when required Disapproved application to transfer interstate—options Application to transfer prior to receipt not allowed Pistol and attachable shoulder stock Evidence of registration required Status—unloaded grenades, shell casings, etc. Status—muzzle-loading cannons Status—grenade and rocket launcher attachments Definition of "conversion kit" Paintball and/or airgun sound suppressors Which agency collects the special (occupational) tax from persons who wish to import, manufacture or deal in National Firearms Act (NFA) firearms? Who is liable for the tax? How is the special tax paid? When is the special tax due? What are the classes of special tax and the rates? What do I get to show I paid the special tax? Does payment of the tax qualify me to import, manufacture, or deal in NFA firearms? Does a single payment entitle a person to import and manufacture NFA firearms? Do I need an Employer Identification Number and, if so, how do I get one? What if I change my business structure? Can I use a trade name? What if I change my address during the tax year? How do I claim a refund of special tax paid? What is the process for renewing the tax payment for the next Tax Year? If I discontinue business as an importer, manufacturer, or dealer in NFA firearms must I dispose of my inventory of NFA firearms? N. MACHINE GUNS - NFA Manufacture by unlicensed person Transfers by registered owners O. SEMIAUTOMATIC ASSAULT WEAPONS AND LARGE CAPACITY AMMUNITIONFEEDING DEVICES (SAWs and LCAFDs) Definition of the semiautomatic assault weapon (SAW) ban Duration of SAW ban Definition of the Large Capacity Ammunition Feeding Device (LCAFD) ban Duration of LCAFD ban Records maintenance Sale of SAWs and LCAFDs to civilians Importation Firearm assembly from imported parts NFA weapons Tribal law enforcement entities State law P. BRADY LAW Persons who must comply Effective date of permanent Brady law FBI operates NICS Agencies that perform NICS checks States as points of contact for NICS checks How to find out if you are in a point of contact State Charge for NICS checks Enrolling with FBI for access to NICS Firearms subject to NICS checks Antique firearms Transfers between licensees Transfers of curios or relics by licensed collectors Transfers by licensed dealers to licensed collectors Licensees’ sales of personal firearms Loan or rental of firearms FFL sales at gun shows Redemption of pawned firearms Pawnbroker’s disposition of pawned firearm when transfer “denied” Repeated pawn of same firearm NICS checks prior to accepting firearms in pawn Completion of Form 4473 on pre-pawn NICS check Action of pawnbroker when pre-pawn NICS check results in “denial” Action of pawnbroker when pre-pawn NICS check results in “approval” Return of repaired firearm; transfer of replacement firearm Return of consignment firearm Sales to law enforcement officers for official use Sales to law enforcement officers for personal use Exceptions to requirement to initiate NICS check Required steps prior to firearm transfer Identification of purchaser Non-over-the-counter sales subject to NICS Non-over-the-counter sales not subject to NICS Social security numbers on Form 4473 NICS “proceed,” “denied,” “delayed” responses “Business day” for purposes of Brady law Transfer of firearm after “delayed” NICS response Action of licensee after “denied” NICS response Advice by licensee to proposed transferee denied by NICS How proposed transferee may learn of reasons for “denied” NICS response Recording NICS responses on Form 4473 Action by licensee when no transaction number is provided Keeping Form 4473 when proposed transfer does not occur When to contact NICS Period of time a NICS check is valid When the period of validity of NICS check begins to run Orders for custom-made firearms Multiple firearms transactions When transfer may be made if NICS response is “proceed” or “delayed” State instant or point of sale checks as alternatives to NICS NICS checks after successful appeal of NICS “denial” How licensees know whether a permit is an alternative to NICS check NICS alternative permits not covering type of firearm being purchased NICS alternative permits only valid in State of issuance NICS alternative permits must be valid under State law State instant check systems NICS “proceed” response and State waiting periods Compliance with Federal and State waiting periods NICS checks for transfers to personal collections NICS checks for NFA firearms Raffling firearms at organizational events Q. MISDEMEANOR CRIME OF DOMESTIC VIOLENCE Definition of misdemeanor crime of domestic violence Effective date of disability Constitutionality of disability No requirement to be called a “domestic violence” offense Example of conviction before effective date Applicable law to determine if “convicted” What State and local offenses are misdemeanors Convictions of local criminal ordinances Relationship not required “element” of predicate crime Effect of deferred adjudication Action by convicted licensees Action by convicted individuals Application to law enforcement officers Pardons, expungements, set asides, and civil rights restoration R. NONIMMIGRANT ALIENS Purchase and possession of firearms and ammunition Definition of “nonimmigrant aliens” Waiver Concealed weapons permit Definition of alien or admission number Pre-1998 acquisition of firearms and ammunition. Permanent resident aliens (“green card” holders) Use of a State hunting license to claim exemption in a different State Purchasing firearms in U.S. to take to home country using hunting license and alien/admission number Purchasing firearms in U.S. to take to home country without hunting license or alien/admission number Canadians and alien/admission number Getting an alien/admission number once you already are in the U.S. Temporary import permits for hunting and other lawful sporting purposes Required forms for temporary import for hunting or other lawful sporting purposes Necessity for Form 6 NIA Documentation required to accompany Form 6 NIA applications Documentation required upon entry to U.S Documentation required upon entry to U.S. (Part 2) Approval time for Form 6 NIA applications Number of firearms/ammunition that can be listed on Form 6 NIA Who may fill out and submit a Form 6 NIA application Submission of Form 6 NIA applications via facsimile (fax) ATF Form 6A Multiple hunting trips to U.S. in the same year Multiple competitive U.S. sporting events in same year Individual Form 6 NIA applications for group hunting trip Finding out if a U.S. sporting event qualifies for import permit exception Import permit requirements for antique firearms Restrictions on types of firearms that may be temporarily imported for hunting or shooting competitions in U.S. Leaving firearms with relatives in the U.S. after receiving a temporary import permit Leaving firearms with an FFL in the U.S. after receiving a temporary import permit No export permit required after receiving temporary import permit Renting firearms while in the U.S. for sporting purposes Temporary import permit requirements for U.S. citizens living abroad Canadian citizens traveling through the U.S. to get to another part of Canada Permit requirements for returning to the U.S. with firearms legally purchased in the U.S. Import permit requirements for Canadian law enforcement officers attending U.S. sporting competitions
ATF Firearm FAQs
A. GENERAL QUESTIONS
B. UNLICENSED PERSONS
C. LICENSING
D. ATF FORM 4473 - FIREARMS TRANSACTION RECORD
E. RECORDS REQUIRED--LICENSEES
F. CONDUCT OF BUSINESS--LICENSEES
G. COLLECTORS
H. MANUFACTURERS
I. GUNSMITHS
J. PAWNBROKERS
K. AUCTIONEERS
L. IMPORTING AND EXPORTING
M. FIREARMS--NATIONAL FIREARMS ACT (NFA)
N. MACHINE GUNS - NFA
O. SEMIAUTOMATIC ASSAULT WEAPONS AND LARGE CAPACITY AMMUNITIONFEEDING DEVICES (SAWs and LCAFDs)
P. BRADY LAW
Q. MISDEMEANOR CRIME OF DOMESTIC VIOLENCE
R. NONIMMIGRANT ALIENS
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