Podcast Beta
Questions and Answers
What is a function sponsored by a national, State, or local organization that is devoted to the collection, competitive use, or other sporting use of firearms?
What is required for a licensee to sell or deliver a firearm to a nonlicensee?
What type of identification document is acceptable for a transferee to provide to a licensee?
What information must a transferee's identification document contain?
Signup and view all the answers
Can a transferee use a Social Security card as identification?
Signup and view all the answers
What additional documentation must a transferor/seller list if the transferee is a member of the Armed Forces on active duty acquiring a firearm in the State where their permanent duty station is located?
Signup and view all the answers
Can a combination of government-issued documents be used to satisfy the identification document requirements?
Signup and view all the answers
What is an example of an identification document that may be used, regardless of sex designation?
Signup and view all the answers
What type of documentation may be used to supplement a government-issued photo identification document?
Signup and view all the answers
What is required to be recorded in question 26.b.?
Signup and view all the answers
What is an acceptable supplemental documentation for establishing residency?
Signup and view all the answers
What is an exception to the Nonimmigrant Alien Prohibition?
Signup and view all the answers
Who is required to contact the National Instant Criminal Background Check System (NICS)?
Signup and view all the answers
What should the licensee do if there is reasonable cause to believe that the sale or disposition of a firearm to the transferee/buyer is prohibited?
Signup and view all the answers
What does a “proceed” response from NICS indicate?
Signup and view all the answers
What does a “denied” or “cancelled” response from NICS indicate?
Signup and view all the answers
What is the penalty for transferring a firearm to a person knowing or having reasonable cause to believe the sale or disposition is prohibited?
Signup and view all the answers
What is the purpose of the NICS background check?
Signup and view all the answers
Under what circumstance must a NICS check be conducted?
Signup and view all the answers
What section of the approved NFA transfer form lists individuals who have undergone a background check during the NFA application process?
Signup and view all the answers
Why must the licensee check the photo identification of the transferee/buyer again?
Signup and view all the answers
What is the purpose of Section E Question 32?
Signup and view all the answers
Is disclosure of the transferee’s/buyer’s Social Security number mandatory for the transfer of a firearm?
Signup and view all the answers
What is the estimated average burden associated with this collection?
Signup and view all the answers
Where should comments about the accuracy of the burden estimate and suggestions for reducing it be directed?
Signup and view all the answers
What law requires the disclosure of this information?
Signup and view all the answers
What happens if NICS provides a “delayed” response?
Signup and view all the answers
What must the licensee record in question 27.a.– 27.c. at the time of NICS contact?
Signup and view all the answers
What must the licensee do if NICS provides a “delayed” response and notifies the licensee of a possibly disqualifying juvenile record of a transferee/buyer under 21 years of age?
Signup and view all the answers
What is the purpose of the MDI date provided by NICS?
Signup and view all the answers
What must the licensee do if they receive a response from NICS or the State after the firearm has been transferred?
Signup and view all the answers
What must the licensee do if the transaction was denied and later overturned?
Signup and view all the answers
What is an exception to the NICS check requirement?
Signup and view all the answers
What must the licensee obtain if the transfer qualifies for one of the NICS exceptions?
Signup and view all the answers
What must the transferee/buyer provide to the licensee if they fail to qualify for a NICS exception?
Signup and view all the answers
What must the licensee do if more than 30 days have elapsed and a new NICS check is required?
Signup and view all the answers
Study Notes
ATF Form 4473 - Part 2
Qualifying Gun Show or Event
- A gun show or event is a function sponsored by national, State, or local organizations devoted to the collection, competitive use, or other sporting use of firearms.
- It can also be an organization or association that sponsors functions devoted to the collection, competitive use, or other sporting use of firearms in the community.
Identification
- A licensee must establish the identity, place of residence, and age of the transferee/buyer before selling or delivering a firearm.
- The transferee/buyer must provide a valid government-issued photo identification document containing their name, residence address, and date of birth.
- Acceptable identification documents include:
- Driver's license
- Identification card issued by a State
- Documents with binary, non-binary, or no sex designation
- A combination of government-issued documents may be provided.
- If the transferee/buyer is a member of the Armed Forces on active duty, the transferor/seller must list their military identification card in addition to PCS orders.
Supplemental Documentation
- Licensees may accept a combination of valid government-issued documents to satisfy the identification document requirements.
- The required valid government-issued photo identification document may be supplemented by another valid government-issued document showing the transferee's/buyer's residence address.
- Supplemental documentation must be recorded, including the issuing authority and type of identification presented.
- A valid electronic document from a government website may be used as supplemental documentation.
Official Military Orders Establishing Permanent Change of Station (PCS)
- Licensees may accept electronic PCS orders to establish residency.
Exceptions to the Nonimmigrant Alien Prohibition
- An alien admitted to the United States under a nonimmigrant visa is not prohibited from purchasing, receiving, or possessing a firearm if:
- They are in possession of a hunting license or permit lawfully issued by the Federal Government, a State or local government, or an Indian tribe.
- They were admitted to the United States for lawful hunting or sporting purposes.
- They have received a waiver from the prohibition from the Attorney General of the United States.
- They are an official representative of a foreign government.
- They are an official representative of a foreign government en route to or from another country.
- They are an official of a foreign government or a distinguished foreign visitor.
- They are a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business.
NICS Background Checks
- 18 U.S.C.§ 922(t) requires licensed importers, manufacturers, or dealers to contact the National Instant Criminal Background Check System (NICS) before transferring a firearm to an unlicensed person.
- NICS advises the licensee whether the transfer is prohibited by law.
- Contacts to NICS include State agencies designated as points-of-contact (or POCs) to conduct NICS checks for the Federal Government.
- The licensee should not contact NICS if there is reasonable cause to believe the sale or disposition of a firearm is prohibited.
- NICS responses include:
- Proceed: The transaction may proceed.
- Denied: The transferor/seller is prohibited from transferring the firearm.
- Delayed: The transferor/seller is prohibited from transferring the firearm unless 3 business days have elapsed and NICS or the State has not advised the transferor that the transfer is prohibited.
- Cancelled: The transferor/seller is prohibited from transferring the firearm.
- If NICS provides a "delayed" response, the licensee may transfer the firearm after 3 business days have elapsed and NICS or the State has not advised the transferor that the transfer is prohibited.
- If within 3 business days NICS or the State notifies the transferor/seller that it has cause to further investigate a possibly disqualifying juvenile record, the transfer may occur only after 10 business days.
NICS Exceptions
- A NICS check is not required if the transfer qualifies for any of the exceptions in 27 CFR 478.102(d), including:
- Transfers of National Firearms Act firearms to an individual who has undergone a background check during the NFA approval process.
- Transfers where the transferee/buyer has presented a permit or license recognized by ATF as a valid alternative to the NICS check requirement.
- Transfers certified by ATF as exempt because compliance with the NICS check requirements is impracticable.
Transfer on a Different Day and Recertification
- If the transfer takes place on a different day from the date that the transferee/buyer signed Section B, the licensee must again check the photo identification of the transferee/buyer at the time of transfer.
For Use by Licensee
- This item is for the licensee's use in recording any information necessary to conduct business or any additional information received from NICS that is not recorded in Questions 27.a.– 27.e.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Description
This quiz covers the qualifications for a gun show or event and the identification process for a licensee according to ATF Form 4473 Part 2. Learn about the requirements for gun shows and events, as well as the necessary identification details.
