BATF Guidelines for Firearms Engravers
(Information current as of February, 2002)
The ATF has extensive rules for all aspects of firearms. The information here is meant as a guide only; it is not legal advice. Each member is individually responsible for following all federal, state and local laws pertaining to firearms. For specific questions or more details contact the ATF at the field division office for your area, see their website at www. atf.treas.gov or read the ATF publications "Federal Firearms Regulations Reference Guide" and "State Laws and Published Ordinances – Firearms."
Below are some of the rules from the ATF that relate to firearms engraving. In order receive guns at your shop to engrave, you need a license. Alternatively, you may engrave at a licensed shop. To get a license, you apply with the ATF and then register with a local authority like the Sheriff. When you receive a gun, you log it into your bound book. When you return a gun, you log it out.
Because most engravers are not in the business of selling guns, a very limited amount of information about sales is included here.
Below, the terms ‘licensee’, ‘dealer’, and ‘gunsmith’ all refer to you, the licensed engraver.
A license is needed to engrave, customize, refinish, or repair a firearm.
A person conducting such activities as a business is considered to be a gunsmith within the definition of a dealer. [27 CFR 178.11]
To get a license, submit ATF Form 7, Application for License, with the appropriate fee in accordance with the instructions on the form. These forms may be obtained from the Firearms and Explosives Licensing Center in Atlanta, Georgia, (404) 417-2750, or your local ATF office. [18 U.S.C. 923, 27 CFR 178.44]
Type 01 - DEALER in firearms other than destructive devices. (includes: rifles, shotguns, pistols, revolvers, gunsmith activities, and National Firearms Act (NFA) weapons.) 18 U.S.C 923(a)(3)(B)
Fee: $ 200.00 for the first three (3) years. $ 90.00 on renewal. Application: ATF Form 7 (5310.12)
ATF will approve the application if the applicant:
Is 21 years or more of age;
Is not prohibited from shipping, transporting, receiving, or possessing firearms or ammunition;
Has not willfully violated the GCA or its regulations;
Has not willfully failed to disclose material information or willfully made false statements concerning material facts in connection with his application;
Has premises for conducting business or collecting; and,
The applicant certifies that--
(1) the business to be conducted under the license is not prohibited by State or local law in the place where the licensed premise is located;
(2) within 30 days after the application is approved the business will comply with the requirements of State and local law applicable to the conduct of the business;
(3) the business will not be conducted under the license until the requirements of State and local law applicable to the business have been met; and,
(4) the applicant has sent or delivered a form to the chief law enforcement officer where the premises are located notifying the officer that the applicant intends to apply for a license.
(5) secure gun storage or safety devices will be available at any place in which firearms are sold under the license to persons who are not licensees ("secure gun storage or safety defined in 18 U.S.C. 921 (a) (34) ).
(The requirement to certify to the availability of gun storage or safety devices was enacted on October 22, 1998, by Public Law 105-277. The requirement is codified in section 923 (d (1) (G) of the GCA and became effective 180 days after the date of enactment.) [18 U.S.C. 923 (d) (1) , 27 CFR 178.47 (b)]
The National Licensing Center (NLC) is responsible for determining eligibility and acting upon applications for Federal firearms licenses. Inspections of applicants are coordinated with regulatory field offices. Such applications are required to be filed by all persons who intend to engage in the business of manufacturing, importing, or dealing in firearms. The NLC is the official repository of firearms and explosives inspection reports. NLC personnel maintain the Federal firearms license database and the Federal explosives license and permittee database and frequently provide certifications to ATF special agents concerning an investigation subject's licensed status.
One license covers only one location. A separate license must be obtained for each location. Storage facilities are not required to be covered by a separate license. However, the records maintained on licensed premises must reflect all firearms held in the separate storage facility. Firearms may be shipped directly to separate storage facilities as long as they are properly recorded as an acquisition in the licensee's records. [27 CFR 178.50]
RECORDS REQUIRED – LICENSEES
A "bound book" is a permanently bound book or an orderly arrangement of loose-leaf pages, which must be maintained on the business premises. In either event, the format must follow that prescribed in the regulations and the pages must be numbered consecutively. [27 CFR 178.125] (see sample, page 10)
A gunsmith (engraver) does not need to enter in a permanent "bound book" record every firearm received for adjustment or repair. If a firearm is brought in for repairs and the owner waits while it is being repaired or if the gunsmith is able to return the firearm to the owner during the same business day, it is not necessary to list the firearm in the "bound book" as an "acquisition." If the gunsmith has possession of the firearm from one business day to another or longer, the firearm must be recorded as an "acquisition" and a "disposition" in the permanent "bound book" record. [27 CFR 178.125(e)]
An ATF Form 4473 is not required when a gunsmith returns a repaired firearm, provided the firearm is returned to the person from whom received. [27 CFR 178.124(a)]
A dealer may keep more than one "bound book" at the same time. A dealer in firearms is not limited to using only one "bound book." A few dealers account for different brands or types of firearms in separate "bound books." Many maintain a separate repair "bound book." [27 CFR 178.125]
The Government does not sell a record book for licensees to use in recording their receipts and dispositions of firearms. Certain trade associations have them available at nominal cost. Your supplier should be able to tell you about this.
A licensee may maintain computer records in lieu of the "bound book." The Regional Director (Compliance) or other designated ATF official must approve a request for a recordkeeping variance before the licensee may use a computer system in lieu of the "bound book" record required by the regulations. [27 CFR 178.22 and 178.125(h)]
The dealer has a responsibility where a variation from normal regulatory practice has been authorized.
The ATF letter authorizing the variation must be kept at the licensed premises and available for inspection. [27 CFR 178.22, 178.125(h)]
A dealer has time requirements to record acquisitions and dispositions of firearms in his or her "bound book." If commercial records are kept containing the required information, are available for inspection, and are separate from other commercial documents, dealers have 7 days from the time of receipt or disposition to record the receipt or disposition in the "bound book." Receipts not covered by these records must be entered in the "bound book" by the close of the next business day after the acquisition or purchase. If a disposition is made before the acquisition has been entered in the "bound book," the acquisition entry must be made at the same time as the disposition entry. [27 CFR 178.125(d)-(i)]
The instructions attached to the ATF Form 4473 (Firearms Transaction Record) are required to be maintained with the Form 4473 as part of a licensees permanent firearms records. Because the instructions are part of the Form 4473, they must be maintained for at least 20 years.
A Form 4473 is not required for an individual who leaves a firearm with an FFL for an appraisal of the value of the firearm. Consider this like a gunsmith transaction and a Form 4473 would not be required when the firearm is picked up by the individual. In addition, if the licensee has possession of the firearm from one business day to another or longer, the firearm would need to be recorded as an acquisition and a disposition in the bound book record.
CONDUCT OF BUSINESS - LICENSEES
The Federal Firearms Law requires licensees to comply with state laws and local published ordinances that are relevant to the enforcement of the GCA. It is unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver any firearm or ammunition 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 or delivery. (See above, "ATF will approve the application…"for requirement to comply with state and local law to qualify for a license.) [18 U. S. C. 922(b)(2), 27 CFR 178.99(b)(2)]
A Federal firearms license does not allow the licensee to carry a firearm in the course of business. A Federal firearms license confers no right or privilege to carry a firearm, concealed or otherwise. Permits to carry are issued by State or local authorities. [27 CFR 178.58]
A licensee is responsible to respond to a request to trace a firearm. A licensee must provide the requested information immediately and in no event later than 24 hours after receipt of a request by ATF for information required to be kept. Failure to respond to the request for trace information can result in monetary fines, imprisonment, and/or revocation of the licensee's Federal firearms license. [18 U. S. C. 923(g)(7), 27 CFR 178.25a]
CHANGE OF ADDRES
A licensee may change the location of his licensed business or activity. To change your location, you must file an application for an amended license, ATF Form 5300.38 not less than 30 days prior to the move. You must obtain the amended license before commencing business at the new location. The application for an amended license would include the certification of compliance with State and local laws and notification of local law enforcement officials outlined above in "ATF will approve…". [27 CFR 178.52]
A licensed gunsmith is required to comply with the requirements to give written notification to handgun transferees and post signs on juvenile handgun possession. The requirement that written notification on juvenile handgun possession be given to a nonlicensee to whom a handgun is delivered applies to all Federal firearms licensees. It also applies to the return of handguns to their owners, as well as to their sale. Thus, a gunsmith who repairs or customizes a nonlicensee's handgun must provide the notification to the nonlicensee when the handgun is returned. The sign posting requirement also applies to gunsmiths, unless the gunsmith only disposes of handguns to nonlicensees who do not appear at the gunsmith's licensed premises, for example, when repaired handguns are shipped to nonlicensees. [18 U. S. C. 922(x), 27 CFR 178.103]
The requirement to give written notification to handgun transferees about juvenile handgun possession applies to a licensed dealer who returns firearms to their owners, for example, handguns that the dealer repaired. The requirement to give written notification to nonlicensees to whom handguns are transferred applies to the return of handguns, as well as to their sale. However, the requirement does not apply where a handgun is delivered to a customer through another licensee. The licensee who delivers the handgun must provide the notification. [18 U. S. C. 922(x), 27 CFR 178.103]
A gunsmith make immediate repairs at locations other than his or her place of business.
A licensee who has firearms in his or her private collection may sell any of these firearms, but must make firearms record entries. A licensee may sell a firearm from his or her personal collection, subject only to the restrictions on firearm sales by unlicensed persons, provided the firearm has been entered in the licensee's bound book and transferred to the licensee's private collection at least 1 year prior to the sale. On selling the personal firearm after 1 year, the sale must be recorded in a "bound book" for disposition of personal firearms, but no ATF Form 4473 is required. [27 CFR 178.125a]
The GCA does not control the sale of firearms parts, except that frames or receivers of firearms are "firearms" as defined in the law and subject to the same controls as complete firearms. Silencer parts are also firearms under the GCA, as well as under the National Firearms Act (NFA). Certain machinegun parts, such as conversion parts or kits, are also subject to the NFA.
The GCA generally prohibits the transfer and possession of large capacity ammunition feeding devices manufactured after September 13, 1994. "Large capacity ammunition feeding devices" are those that can accept more than 10 rounds of ammunition. [18 U. S. C. 921(a)(3), (24), and (31), 922(w), 27 CFR 178.11 and 178.40a]
A licensed dealer may not sell a firearm to a nonlicensee who is a resident of another state. Generally, a firearm may not be lawfully sold by a licensed dealer 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 licensed dealer whose business is in the purchaser's state of residence and the purchaser takes delivery of the firearm from the dealer 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 and provided the sale complies with all applicable federal laws. [18 U. S. C. 922(b)(3)]
A dealer may sell firearms to law enforcement agencies and individual officers in another state. Sales and deliveries of firearms to out-of-state police and sheriff departments are not prohibited by the GCA. A dealer may also sell or ship firearms, other than NFA firearms, to an individual law enforcement officer, regardless of age, if the dealer has a signed statement of the officer's agency, stating that the items are to be used in the buyer's official duties and that the officer has not been convicted of a misdemeanor crime of domestic violence. ATF Form 4473 need not be executed, and the Brady Law is not applicable; however, the bound book must be properly posted, and the signed statement included in the dealer's records. [27 CFR 178.141]
A customer has to be a certain age to buy firearms or ammunition from a licensee. Longguns and longgun ammunition may be sold only to persons 18 years of age or older. Sales of handguns and ammunition for handguns are limited to persons 21 years of age and older. Although some state and local ordinances have lower age requirements, dealers are bound by the minimum age requirements established by the GCA. If state law or local ordinances establish a higher minimum age, the dealer must observe the higher age requirement. [18 U. S. C. 922(b)(1), 27 CFR 178.99(b)]
In transactions between licensees, the seller must be assured that a purchaser of a firearm is a licensed dealer. Verification must be established by the transferee furnishing to the transferor a certified copy of the transferee's license and by any other means the transferor deems necessary. [27 CFR 178.94]
A licensee may continue to deliver to a business whose license has expired, for a period of 45 days following the expiration date of the license. After the 45-day period, the transferor is required to verify the licensed status of the transferee with the Chief, Firearms and Explosives Licensing Center. If the transferee's license renewal application is still pending, the transferor must obtain evidence from the Regional Director (Compliance) that a license renewal application has been timely filed by the transferee and is still pending. [27 CFR 178.94]
A dealer must record firearms received on consignment. Firearms received for sale on consignment must be entered in the dealer's "bound book." Sales of the firearms are handled in the same manner as other firearm sales. Return of the remaining firearms by the licensee to the consignor is entered in the dealer's disposition record, and the consignor must complete an ATF Form 4473 if the consignor is a nonlicensee. It should also be noted that the sale of such firearms or their return to the consignor must also comply with the Brady Law.
A person may not obtain a dealer's license to engage in business only at gun shows. A license may only be issued for permanent premises at which the licensed applicant intends to do business. A person having such license may conduct business at gun shows located in the State in which the licensed premises is located and sell and deliver curio or relic firearms to other licensees at any location. [18 U.S.C. 923(a) and (j)]
Licensed dealers may sell firearms at gun shows. Generally, a licensee may sell firearms at a gun show located only in the same state as that specified on the seller's license. However, a licensee may sell curio or relic firearms to another licensee at any location. The transfer of NFA firearms may be lawfully made only upon an ATF approved transfer application. [18 U. S. C. 923(j), 27 CFR 178.100]
At an out-of-state gun show, a licensed dealer may sell and deliver curio or relic firearms to another licensee. With respect to other firearms transactions, a licensed dealer may only display and take orders for firearms at an out-of-state gun show. In filling any orders for firearms, the dealer must return the firearms to his or her licensed premises and deliver them from that location. Any firearm ordered by a nonlicensee must be delivered or shipped from the licensee's premises to a licensee in the purchaser's state of residence, and the purchaser must obtain the firearm from the licensee in the purchaser's state. Except for sales of curio or relic firearms to other licensees, sales of firearms and simultaneous deliveries at the gun show, whether to other licensees or to nonlicensees, violate the law because the dealer would be unlawfully engaging in business at an unlicensed location. [18 U. S. C. 922(a)(1), (b)(3), 923(a), (j)] 18
A dealer must report stolen firearms. A theft or lost 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 week toll free line at 1-800-800-3855 and by preparing and submitting ATF Form 3310.11, Federal Firearms Licensee Theft/ Loss Report. Theft or loss of NFA firearms should also be reported to the NFA Branch, (202) 927-8330, immediately upon discovery. [18 U. S. C. 923(g)(6), 27 CFR 178.39a and 179.141]
Stolen firearms are recorded in your bound book as follows. Take an inventory of stock on hand and enter "stolen" and the date in the disposition section of the "bound book" for those stolen firearms. In addition, at the time a licensee reports the theft on the ATF toll free line, the licensee will be provided a control number that should be placed in the records as well as on ATF Form 3310.11, Federal Firearms Licensee Theft/ Loss Report. [18 U. S. C. 923(g)(6), 27 CFR 178.39a]
You may ship firearms through the U. S. Postal Service. Federal firearm licensees may deposit an unloaded firearm in the mails for conveyance 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, 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. The Postal Service recommends that all firearms 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.
A nonlicensee may ship a firearm through the U. S. Postal Service. A nonlicensee may mail a shotgun or rifle to a resident of his or her own state or to a licensee in any state. Handguns are not mailable. A common or contract carrier must be used to ship a handgun. A nonlicensee may not transfer any firearm to a nonlicensed resident of another state.
A nonlicensee may ship a firearm by carrier to a resident of his or her own state or to a licensee in any state. A common or contract carrier must be used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm and prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm. [18 U. S. C. 922(a)(2)(A) and 922(e), 27 CFR 178.31]
A nonlicensee may ship firearms interstate for his or her use in hunting or other lawful activity. A person may ship a firearm to himself or herself in care of another person in the state where he or she intends to hunt or engage in any other lawful activity. The package should be addressed to the owner. Persons other than the owner should not open the package and take possession of the firearm.
A signature is required each time a firearm is delivered by a shipper, or common or contract carrier to verify the acknowledgment of the receipt of the firearm. A signature of the FFL maintained on file by the shipper is not an acceptable alternative.
A nonlicensee may transport firearms for sporting or other lawful purposes. Federal law provides a person, who is not prohibited by the GCA from receiving or transporting firearms, the right to transport a firearm under certain conditions, notwithstanding state or local law to the contrary. The firearms must be unloaded and in a locked trunk or, in a vehicle lacking a trunk, in a locked container other than the glove compartment or console. Also, the carrying and possession must be lawful at the place of origin and destination. [18 U. S. C. 926A, 27 CFR 178.38] 9
A person who is relocating out-of-state may move firearms with other household goods. A person who lawfully possesses a firearm may transport or ship the firearm interstate when changing his or her state of residence. Certain NFA firearms must have prior approval from the Bureau of ATF, NFA Branch, Washington, DC 20226, before they may be moved interstate. The person must notify the mover that firearms are being transported. He or she should also check state and local laws where relocating to ensure that movement of firearms into the new state does not violate any state law or local ordinance. [18 U. S. C. 922(a)(4), 27 CFR 178.28 and 178.31]
A licensed dealer who does not have an importer's license may make an occasional importation. A licensee may make an occasional importation of a firearm for a nonlicensee or for the licensee's personal use (not for resale). The licensee must first submit an ATF Form 6, Part I to the Imports Branch for approval. The licensee may then present the approved Form 6 and completed ATF Form 6A to the U. S. Customs Service. Contact the Bureau of ATF, Imports Branch, Washington, DC 20226, (202) 927-8320 for forms.
A licensee does need an export license to export a firearm. The GCA does not provide for an export license. However, firearms and ammunition shall be exported in accordance with provisions of the Arms Export Control Act of 1976 and a license must be obtained from the Office of Defense Trade Controls, PM/ DTC, SA-6, Room 228, U. S. Department of state, Washington, DC 20522-0602; (703) 875-6644. In the case of exporting NFA firearms, a permit, ATF Form 9, must be obtained from ATF.
The export of sporting shotguns is regulated by the U. S. Department of Commerce. For further information, contact them at their nearest district office or the Bureau of Export Administration, Export Counseling Division, U. S. Department of Commerce, 14 th St. & Pennsylvania Ave. N. W., Washington, DC 20230, (202) 482-4811. [22 U. S. C. 2778, 27 CFR 179.114-179.116]
If a person timely files an application for renewal of his license and his present license expires prior to receipt of the new license, he may continue to conduct the business covered by his expired license. A person who timely files an application for renewal of his license may continue operations authorized by his expired license until his application is finally acted upon. An application is timely filed when it is received at the appropriate P.O. Box in Dallas, Texas with the appropriate renewal fee prior to the expiration date of the license.
If a person does not timely file an application for the renewal of his license and his license expires, he must file ATF Form 7, Application for License, or an ATF Form 7CR, Application for License (Collector of Curios or Relics), as required by 27 CFR 178.44, submit the application fee applicable to a new business, and obtain the required license before continuing business activity.
[27 CFR 178.45]
The Federal firearms license (FFL) renewal application has been streamlined and redesigned for the benefit of the renewal applicant and Government. The renewal application is now only one form, and also has a new name, "Application for RENEWAL of Federal Firearms License."
As in the past, the renewal application will be automatically mailed to you 60 days prior to your license expiring. If you have not received your renewal 30 days before your license expires, please call our National Licensing Center in Atlanta, GA on 404-679-5040 to have one mailed to you.
END OF BUSINESS
A licensee's records must be surrendered to ATF if the licensee discontinues his business. If the business is being discontinued completely, the licensed dealer, manufacturer, or importer is required, within 30 days, to forward his records to the following address:
Bureau of ATF
Out-of-Business Records Center
882 T.J. Jackson Drive
Falling Waters, West Virginia 25419
Failure to surrender your required records is a felony and could result in the licensee being fined up to $250,000, imprisoned up to five years, or both. A licensee discontinuing business must immediately notify the licensing center in Atlanta, Georgia.
If someone is taking over the business, the original licensee will underline the final entry in each bound book, note the date of transfer, and forward all records and forms to the successor (who must apply for and receive his own license before lawfully engaging in business) or forward the records and forms to the ATF Out-of-Business Records Center. If the successor licensee receives records and forms from the original licensee, the successor licensee may choose to forward these records and forms to the ATF Out-of-Business Record Center. The successor licensee will begin business with a new set of records reflecting any beginning inventory on hand.
[18 U. S. C. 923(g)(4), 27 CFR 178.127]
The records a licensee is required to forward to ATF upon discontinuance of business consist of the licensee's bound acquisition/disposition (A/D) records, ATF Forms 4473, ATF Forms 5300.35 (the Brady forms), ATF Forms 3310.4 (Report of Multiple Sale or Other Disposition of Pistols and Revolvers), and records of transactions in semiautomatic assault weapons. If the licensee was granted a variance to use a computerized recordkeeping system, the licensee is required to provide a complete print-out of his entire A/D records, and an ASCII text file (conforming to common industry standards) along with a file description. [27 CFR 178.127]
ABOUT NFA GUNS
The types of firearms that must be registered in the National Firearm Registration and Transfer Record are defined in the NFA and in 27 CFR Part 179. Some examples of the types of firearms that must be registered are:
Machineguns; the frames or receivers of machineguns; any combination of parts designed and intended for use in converting weapons into machineguns; any part designed and intended solely and exclusively for converting a weapon into a machinegun; any combination of parts from which a machinegun can be assembled if the parts are in the possession or under the control of a person;
Silencers and any part designed and intended for fabricating a silencer;
Destructive devices; and,
"Any other weapons."
A few examples of destructive devices are:
Molotov cocktails; Anti-tank guns (over caliber .50); Bazookas; and, Mortars.
A few examples of "any other weapon" are:
H& R Handyguns; Ithaca Auto-Burglar guns; Cane guns; and, Gadget-type firearms and "pen" guns which fire fixed ammunition.
A licensed gunsmith may receive an NFA firearm for the sole purpose of repair and subsequent return to its owner. It is suggested that the owner obtain permission from ATF for the transfer by completing and mailing ATF Form 5 to the NFA Branch and receive approval prior to the delivery. The gunsmith should do the same prior to returning the firearm. Only the face of the form need be completed in each instance. ATF Forms 5 may be obtained from the Bureau of ATF, NFA Branch, Washington, DC 20226, (202) 927-8330.
(*Note: Unless otherwise noted, these relate to the permanent provisions of the Brady law found in section 922(t) of the Gun Control Act. These provisions, including the requirement for licensees to initiate background checks of individuals to whom all types of firearms are transferred by contacting the National Instant Criminal Background Check System (NICS), became effective on November 30, 1998. They replace the interim provisions of the Brady law that imposed a Federal 5-day waiting period on licensees' sales of handguns and required the sending Of Brady forms to State or local officials.)
Federally licensed firearms importers, manufacturers, and dealers must comply with the Brady law prior to the transfer of any firearm to a nonlicensed individual.
The Brady law does not apply to the transfer of firearms between two licensees. The Brady law only applies when a licensed importer, manufacturer, or dealer is transferring a firearm to a nonlicensee.
A licensed gunsmith's return of repaired or customized firearms to their owners is not subject to the Brady law, including the provision for making background checks on transferees. But it is unlawful 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), 27 CFR 178.32(d)]
If a firearm is delivered to a licensee by an unlicensed individual for the purpose of repair, the return of the repaired firearm is not subject to the requirements of the Brady law. The transfer of a replacement firearm from the licensee to the owner of the damaged firearm is not subject to the requirements of the Brady law. Neither the transfer of a repaired firearm nor the transfer of a replacement firearm would be subject to the requirements of the Brady law. Furthermore, the regulations provide that a Form 4473 is not required to cover these transactions. However, the licensee's permanent acquisition and disposition records should reflect the return of the firearm or the transfer of a replacement firearm.
Licensees must conduct NICS checks for sales of firearms to nonlicensees at gun shows. A licensed importer, manufacturer, or dealer may not transfer a firearm to a nonlicensee at a gun show without first complying with the requirements of the Brady law.
A licensed importer, manufacturer, or dealer does not have to comply with the Brady law when selling firearms from his or her own personal collection. This is provided the licensee has maintained the firearm as part of his or her personal collection for at least 1 year from the date the firearm was transferred from the business inventory into the personal collection or otherwise acquired as a personal firearm and the licensee complies with the recordkeeping requirements in 27 CFR 178.125a.
The provisions of the Brady law apply to a licensee's loan or rental of a firearm to a nonlicensee. If the firearm is loaned or rented for use on the licensee's premises, the transaction is not subject to the Brady law. However, if the firearm is loaned or rented for use off the premises, the licensee must comply with the Brady law.
TO CONTACT THE ATF ON THE INTERNET
BY MAIL (for ATF Forms and Publications)
ATF Distribution Center
PO Box 5950
Springfield, VA 22150-5950
(for assistance with your license)
ATF Firearms Licensing Center
PO Box 2994
Atlanta, GA 30301
(for shipping out of business records)
ATF Firearms Out-of-Business Records Center
2029 Stonewall Jackson Drive
Falling Waters, WV 25419
Check the U.S. Government pages of your phone book for local area numbers. Or contact one of the field divisions listed below.
Field Division Contacts
The Bureau of Alcohol, Tobacco and Firearms field divisions are located throughout the United States. Some of the field offices have jurisdiction in surrounding states. All field offices may be contacted 24 hours a day, seven days a week. (Information as of 01.02.02.)
Atlanta Field Division: 404-417-2600
Baltimore Field Division: 410-779-1700
Boston Field Division: 617-557-1200
Charlotte Field Division: 704-716-1800
Chicago Field Division: 312-353-6935
Columbus Field Division: 614-469-5303
Dallas Field Division: 469-227-4300
Detroit Field Division: 313-259-8050
Houston Field Division: 281-372-2900
Kansas City Field Division: 816-559-0700
Los Angeles Field Division: 213-534-2450
Louisville Field Division: 502-753-3400
Miami Field Division: 305-597-4800
Nashville Field Division: 615-781-5364
New Orleans Field Division: 504-841-7000
New York Field Division: 718-254-7845
Philadelphia Field Division: 215-597-7266
Phoenix Field Division: 602-776-5400
San Francisco Field Division: 415-947-5100
Seattle Field Division: 206-220-6440
St. Paul Field Division: 651-290-3092
Tampa Field Division: 813-228-2021
Washington Field Division: 202-927-8810
Sample – Firearms Acquisition and Disposition Record (Bound book)
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