Podcast
Questions and Answers
What is the primary role of ATF Industry Operations Investigators (IOIs) regarding Federal firearms licensees (FFLs)?
What is the primary role of ATF Industry Operations Investigators (IOIs) regarding Federal firearms licensees (FFLs)?
What can happen to a dealer that commits a willful regulatory violation of the Gun Control Act (GCA)?
What can happen to a dealer that commits a willful regulatory violation of the Gun Control Act (GCA)?
Which of the following is a specified violation that could lead to license revocation?
Which of the following is a specified violation that could lead to license revocation?
What requirement was added to the regulations in title 27, CFR, part 478?
What requirement was added to the regulations in title 27, CFR, part 478?
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What is the goal of compliance with firearms laws and regulations for FFLs?
What is the goal of compliance with firearms laws and regulations for FFLs?
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What should FFLs do if they have questions about their responsibilities?
What should FFLs do if they have questions about their responsibilities?
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What type of violation is considered extraordinary enough to prevent license revocation proceedings?
What type of violation is considered extraordinary enough to prevent license revocation proceedings?
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What must FFLs do regarding firearms transaction records?
What must FFLs do regarding firearms transaction records?
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What is one of the top violations impacting public safety regarding firearm transactions?
What is one of the top violations impacting public safety regarding firearm transactions?
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What does ATF recommend to promote public safety among firearm owners?
What does ATF recommend to promote public safety among firearm owners?
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Which publication provides recommendations for safe firearm handling?
Which publication provides recommendations for safe firearm handling?
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What is the legal age under federal law for someone to possess a handgun?
What is the legal age under federal law for someone to possess a handgun?
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What must Federal Firearms Licensees (FFLs) do prior to transferring a firearm?
What must Federal Firearms Licensees (FFLs) do prior to transferring a firearm?
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What does ATF Procedure 2020-2 guide FFLs to comply with?
What does ATF Procedure 2020-2 guide FFLs to comply with?
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Which ATF publication contains information on whether a federal firearms license is needed to buy or sell firearms?
Which ATF publication contains information on whether a federal firearms license is needed to buy or sell firearms?
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What action is illegal under 18 U.S.C. 922(d)?
What action is illegal under 18 U.S.C. 922(d)?
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What should FFLs provide to customers regarding their legal obligations?
What should FFLs provide to customers regarding their legal obligations?
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What must an FFL always obtain before transferring a firearm?
What must an FFL always obtain before transferring a firearm?
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What must a licensee do within 30 days after a change of control occurs?
What must a licensee do within 30 days after a change of control occurs?
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When must a new business entity file an Application for Federal Firearms License?
When must a new business entity file an Application for Federal Firearms License?
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What is required when adding a new responsible person to a licensee?
What is required when adding a new responsible person to a licensee?
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How often can the ATF conduct inspections of a licensed entity?
How often can the ATF conduct inspections of a licensed entity?
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What does 'willful violation' of the GCA imply?
What does 'willful violation' of the GCA imply?
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What document must be submitted for clear fingerprinting?
What document must be submitted for clear fingerprinting?
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What is the purpose of the ATF's firearms inspection program?
What is the purpose of the ATF's firearms inspection program?
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What should a licensee do if they refuse an ATF inspection?
What should a licensee do if they refuse an ATF inspection?
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What must a corporation do when it becomes an LLC with no transfer of operations?
What must a corporation do when it becomes an LLC with no transfer of operations?
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What happens if a licensee's business entity ceases to operate?
What happens if a licensee's business entity ceases to operate?
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What is one of the first actions an IOI takes upon arriving at the licensee's premises?
What is one of the first actions an IOI takes upon arriving at the licensee's premises?
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During an inspection, which document is specifically reviewed for compliance?
During an inspection, which document is specifically reviewed for compliance?
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Which violation is considered sufficient for ATF to revoke an FFL's license?
Which violation is considered sufficient for ATF to revoke an FFL's license?
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What does the IOI do after an inspection if violations are found?
What does the IOI do after an inspection if violations are found?
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What is the purpose of conducting a voluntary action suggestion during the inspection?
What is the purpose of conducting a voluntary action suggestion during the inspection?
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What form is reviewed that is critical for firearms transaction documentation?
What form is reviewed that is critical for firearms transaction documentation?
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What action may ATF take for minor violations that are not endangering public safety?
What action may ATF take for minor violations that are not endangering public safety?
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What can result in ATF taking action against an FFL besides willful violations?
What can result in ATF taking action against an FFL besides willful violations?
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Which of these is NOT an action that ATF might take in response to serious violations?
Which of these is NOT an action that ATF might take in response to serious violations?
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Which of the following is a prohibited action that can lead to license revocation?
Which of the following is a prohibited action that can lead to license revocation?
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What is the purpose of the Personal Firearms Record (ATF P 3312.8)?
What is the purpose of the Personal Firearms Record (ATF P 3312.8)?
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What should a licensee do if they find an error on their Federal firearms license?
What should a licensee do if they find an error on their Federal firearms license?
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What is required to renew a Federal firearms license?
What is required to renew a Federal firearms license?
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How long before the expiration date will ATF send a renewal application?
How long before the expiration date will ATF send a renewal application?
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What must a licensee do if they intend to change their business premises?
What must a licensee do if they intend to change their business premises?
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What allows a licensee to continue operating while waiting for a new license?
What allows a licensee to continue operating while waiting for a new license?
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To whom should a licensee report a change in their mailing address?
To whom should a licensee report a change in their mailing address?
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What campaign seeks to prevent illegal straw purchases of firearms?
What campaign seeks to prevent illegal straw purchases of firearms?
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Which form is needed to apply for an amended Federal Firearms License if relocating?
Which form is needed to apply for an amended Federal Firearms License if relocating?
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What should a licensee do if they want to discontinue their business?
What should a licensee do if they want to discontinue their business?
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What is the time frame for a licensee to file a request for a hearing after receiving a notice of revocation?
What is the time frame for a licensee to file a request for a hearing after receiving a notice of revocation?
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Who represents ATF during the hearing related to the revocation of a license?
Who represents ATF during the hearing related to the revocation of a license?
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What happens if the DIO decides that the violations were willful?
What happens if the DIO decides that the violations were willful?
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What is the purpose of ATF Form 4473?
What is the purpose of ATF Form 4473?
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What is required of applicants for dealer's, manufacturer's, or importer's licenses regarding gun storage devices?
What is required of applicants for dealer's, manufacturer's, or importer's licenses regarding gun storage devices?
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Where must a petition for judicial review be filed by the licensee?
Where must a petition for judicial review be filed by the licensee?
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What constitutes a valid reason for not having secure gun storage or safety devices available?
What constitutes a valid reason for not having secure gun storage or safety devices available?
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What must be filed within 60 days after receiving the final notice of revocation?
What must be filed within 60 days after receiving the final notice of revocation?
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What is the consequence of failing to keep secure gun storage at places where firearms are sold?
What is the consequence of failing to keep secure gun storage at places where firearms are sold?
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What is required for each firearm transfer to a non-licensee?
What is required for each firearm transfer to a non-licensee?
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When is an ATF Form 4473 required to be completed?
When is an ATF Form 4473 required to be completed?
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Which scenario does NOT require an ATF Form 4473?
Which scenario does NOT require an ATF Form 4473?
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What should you do if you find an error on an ATF Form 4473 after the transfer?
What should you do if you find an error on an ATF Form 4473 after the transfer?
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Who is responsible for ensuring all information is completed on the ATF Form 4473 by the buyer?
Who is responsible for ensuring all information is completed on the ATF Form 4473 by the buyer?
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What must licensees do if more than three firearms are involved in a single transaction?
What must licensees do if more than three firearms are involved in a single transaction?
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What is required if an electronic ATF Form 4473 is used?
What is required if an electronic ATF Form 4473 is used?
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What type of firearm transfer requires a NICS background check?
What type of firearm transfer requires a NICS background check?
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What must be done regarding dispositions of replacement firearms?
What must be done regarding dispositions of replacement firearms?
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What action should be taken if the information on an ATF Form 4473 is incomplete?
What action should be taken if the information on an ATF Form 4473 is incomplete?
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Which of the following is NOT an exception to conducting a NICS check?
Which of the following is NOT an exception to conducting a NICS check?
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Can a firearm be transferred to a spouse or relative of the buyer on an ATF Form 4473?
Can a firearm be transferred to a spouse or relative of the buyer on an ATF Form 4473?
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What is the consequence of failing to conduct a required NICS background check?
What is the consequence of failing to conduct a required NICS background check?
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Which of the following is NOT a requirement for completing the ATF Form 4473?
Which of the following is NOT a requirement for completing the ATF Form 4473?
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Which form must be completed prior to the transfer of an NFA firearm to a non-licensee?
Which form must be completed prior to the transfer of an NFA firearm to a non-licensee?
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What may indicate that a person is not the actual buyer or transferee of a firearm?
What may indicate that a person is not the actual buyer or transferee of a firearm?
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Who is responsible for ensuring that firearms do not reach prohibited persons?
Who is responsible for ensuring that firearms do not reach prohibited persons?
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In which case is a firearm transfer exempt from requiring a NICS check?
In which case is a firearm transfer exempt from requiring a NICS check?
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What does the NICS check guarantee for the seller?
What does the NICS check guarantee for the seller?
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What is a potential requirement for licensees when hiring employees?
What is a potential requirement for licensees when hiring employees?
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Which statement is true regarding the transfer of a firearm to another FFL?
Which statement is true regarding the transfer of a firearm to another FFL?
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What should a person answer if they are currently under indictment for a felony on the ATF Form 4473?
What should a person answer if they are currently under indictment for a felony on the ATF Form 4473?
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What does it mean if an individual answers 'Yes' to having ever been convicted of a felony?
What does it mean if an individual answers 'Yes' to having ever been convicted of a felony?
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What situation would allow a person to answer 'No' to being an unlawful user of controlled substances?
What situation would allow a person to answer 'No' to being an unlawful user of controlled substances?
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What must a military personnel report if they are charged with violation(s) of the Uniform Code of Military Justice?
What must a military personnel report if they are charged with violation(s) of the Uniform Code of Military Justice?
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Which event does not constitute a prohibition from receiving firearms according to the content?
Which event does not constitute a prohibition from receiving firearms according to the content?
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What indicates a potential 'straw purchase' situation?
What indicates a potential 'straw purchase' situation?
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What must someone do if they have ever been committed to a mental institution on the ATF Form 4473?
What must someone do if they have ever been committed to a mental institution on the ATF Form 4473?
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Which of the following is true about individuals renouncing their U.S. citizenship?
Which of the following is true about individuals renouncing their U.S. citizenship?
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What should an alien with a nonimmigrant visa do on the ATF Form 4473 if they do not fall within the exceptions?
What should an alien with a nonimmigrant visa do on the ATF Form 4473 if they do not fall within the exceptions?
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What action should be taken if a person is prohibited from receiving a firearm?
What action should be taken if a person is prohibited from receiving a firearm?
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Under what condition can a person convicted of a felony legally possess a firearm?
Under what condition can a person convicted of a felony legally possess a firearm?
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What defines a 'Fugitive from Justice'?
What defines a 'Fugitive from Justice'?
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Which of the following individuals is prohibited from possessing a firearm?
Which of the following individuals is prohibited from possessing a firearm?
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What does a commitment to a mental institution include?
What does a commitment to a mental institution include?
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What must occur for a person adjudicated as a mental defective to regain firearm possession?
What must occur for a person adjudicated as a mental defective to regain firearm possession?
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What is the federal legal stance on marijuana use regarding firearm possession?
What is the federal legal stance on marijuana use regarding firearm possession?
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Which condition allows an individual previously committed to a mental institution to legally possess a firearm?
Which condition allows an individual previously committed to a mental institution to legally possess a firearm?
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Which of the following best describes a 'person adjudicated as a mental defective'?
Which of the following best describes a 'person adjudicated as a mental defective'?
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What is required for someone to possess a firearm after being a drug addict or user?
What is required for someone to possess a firearm after being a drug addict or user?
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What is required for an over-the-counter sale of a rifle or shotgun to a non-resident?
What is required for an over-the-counter sale of a rifle or shotgun to a non-resident?
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What type of firearm components may not be sold to non-residents?
What type of firearm components may not be sold to non-residents?
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Which of the following is an acceptable identification document for a firearm purchase?
Which of the following is an acceptable identification document for a firearm purchase?
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When must the identity of a non-licensee buyer be verified?
When must the identity of a non-licensee buyer be verified?
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Which firearms transaction records should reflect the transfer when shipping to an out-of-state FFL?
Which firearms transaction records should reflect the transfer when shipping to an out-of-state FFL?
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What should a business owner do to stay informed about relevant state laws regarding firearms?
What should a business owner do to stay informed about relevant state laws regarding firearms?
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What is the minimum age requirement to sell ammunition that is interchangeable between rifles and handguns?
What is the minimum age requirement to sell ammunition that is interchangeable between rifles and handguns?
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Which document must be completed for firearms transfers between Federal Firearms Licensees (FFLs)?
Which document must be completed for firearms transfers between Federal Firearms Licensees (FFLs)?
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What must an active duty military member present to establish residency in a State where they are stationed?
What must an active duty military member present to establish residency in a State where they are stationed?
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What must an FFL do to verify the validity of a Type 03 or Type 06 license?
What must an FFL do to verify the validity of a Type 03 or Type 06 license?
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Under what condition can a firearm be sold to someone out of state?
Under what condition can a firearm be sold to someone out of state?
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What should licensees record for transactions between licensees?
What should licensees record for transactions between licensees?
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Which of the following is NOT true regarding the selling of firearms to non-residents?
Which of the following is NOT true regarding the selling of firearms to non-residents?
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What must an FFL provide when transferring firearms to another licensee?
What must an FFL provide when transferring firearms to another licensee?
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What is the minimum age requirement to sell a firearm frame or receiver?
What is the minimum age requirement to sell a firearm frame or receiver?
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What is a requirement if the buyer is a member of the Armed Forces on active duty claiming residency in a State?
What is a requirement if the buyer is a member of the Armed Forces on active duty claiming residency in a State?
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Who is NOT considered to be subject to the exceptions of adjudication or commitment by a Federal department or agency?
Who is NOT considered to be subject to the exceptions of adjudication or commitment by a Federal department or agency?
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What does a qualifying restraining order NOT require?
What does a qualifying restraining order NOT require?
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In which scenario is a person convicted of a misdemeanor crime of domestic violence not prohibited from receiving a firearm?
In which scenario is a person convicted of a misdemeanor crime of domestic violence not prohibited from receiving a firearm?
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What is NOT a condition under which someone is considered convicted of a misdemeanor crime of domestic violence?
What is NOT a condition under which someone is considered convicted of a misdemeanor crime of domestic violence?
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Which of the following does NOT describe an intimate partner?
Which of the following does NOT describe an intimate partner?
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What must a person do to be considered subject to a qualifying restraining order?
What must a person do to be considered subject to a qualifying restraining order?
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What is an accurate statement about dishonorable discharge from the military?
What is an accurate statement about dishonorable discharge from the military?
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What type of discharge from the military does NOT fall under the defined criteria for firearm restrictions?
What type of discharge from the military does NOT fall under the defined criteria for firearm restrictions?
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What defines a misdemeanor crime of domestic violence?
What defines a misdemeanor crime of domestic violence?
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Which scenario would NOT lead to a requirement for a current or former military member to answer 'Yes' regarding a conviction?
Which scenario would NOT lead to a requirement for a current or former military member to answer 'Yes' regarding a conviction?
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What defines an alien unlawfully in the United States?
What defines an alien unlawfully in the United States?
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Which situation does NOT allow an alien admitted under a nonimmigrant visa to possess a firearm?
Which situation does NOT allow an alien admitted under a nonimmigrant visa to possess a firearm?
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What is a key requirement for licensees when selling firearms to youth?
What is a key requirement for licensees when selling firearms to youth?
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Under which condition can an alien admitted under a nonimmigrant visa legally receive a firearm?
Under which condition can an alien admitted under a nonimmigrant visa legally receive a firearm?
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Which statement about renouncing U.S. citizenship is accurate?
Which statement about renouncing U.S. citizenship is accurate?
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What must a person be aware of when selling firearms in relation to state laws?
What must a person be aware of when selling firearms in relation to state laws?
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What defines the term 'nonimmigrant visa'?
What defines the term 'nonimmigrant visa'?
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Which of the following is NOT a category of aliens legally admitted to the U.S.?
Which of the following is NOT a category of aliens legally admitted to the U.S.?
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Which of these is an example of an alien unlawfully in the U.S.?
Which of these is an example of an alien unlawfully in the U.S.?
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What action is prohibited for licensees selling firearms to persons under 21?
What action is prohibited for licensees selling firearms to persons under 21?
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Study Notes
Federal Firearms License Overview
- Federal firearms licensees (FFLs) are regulated by the ATF to ensure compliance with firearms laws aimed at public safety.
- Violations of regulations can result in license revocation, protecting communities from violent crime and ensuring firearms traceability.
Common Regulatory Violations
- Key violations that may lead to license revocation include:
- Transferring firearms to prohibited persons.
- Failing to conduct required background checks (NICS).
- Incomplete ATF Form 4473 submission.
- Providing false information or failing to maintain accurate acquisition and disposition records.
ATF Inspections
- Inspections by ATF Industry Operations Investigators (IOIs) are usually unannounced and occur annually.
- During inspections, IOIs evaluate compliance with federal and state laws, review records, and assess internal security measures.
- Licensees found non-compliant may receive violation reports and suggestions for improving compliance.
Secure Gun Storage Requirements
- FFLs must certify availability of secure gun storage devices for customers to comply with safety laws.
- Non-compliance may result in license revocation according to 27 CFR part 478 regulations.
Customer Education and Resources
- FFLs can promote safety by educating customers using ATF publications such as:
- "Safety and Security for Firearm Owners."
- "Do I Need a License to Buy or Sell Firearms?"
- "Youth Handgun Safety Act Notice" to inform about age restrictions on handgun possession.
License Maintenance and Renewal
- FFLs must review their licenses for correct information; errors could lead to complications.
- Licenses remain in effect until expiration and must be renewed with ATF Form 8 Part II, submitted 90 days before expiry.
- Failure to renew on time requires immediate contact with the Federal Firearms Licensing Center (FFLC).
Change of Control and Business Entities
- Changes in control do not require a new FFL application but must be reported to the FFLC.
- When a new business entity is created, it must apply for a new FFL before operations commence.
Revocation Procedures
- If willful violations are identified, ATF initiates revocation processes following a defined procedure.
- Licensees have 15 days to contest a notice of revocation and can request a hearing.
- The decision to revoke is based on evidence and compliance status presented during hearings.
Final Note on Compliance
- Ongoing education, adherence to laws, and proper recordkeeping are essential for FFLs.
- ATF actively works with licensees to rectify inadvertent violations and improve adherence to regulations.### Licensing and Storage Requirements
- Applicants for dealer's, manufacturer's, or importer's licenses must certify the availability of secure gun storage or safety devices for firearms sold to non-licensed individuals.
- Secure storage devices must be compatible with the firearms offered for sale by the licensee.
- Federal firearms licenses can be revoked if the ATF Director has reason to believe secure storage devices are not available, except during circumstances beyond the licensee's control (e.g., theft, casualty loss).
ATF Form 4473 Overview
- ATF Form 4473, a Firearms Transaction Record, is required for every transfer of firearms to non-licensees.
- Correct completion of Form 4473 is critical for tracing firearms and enhancing accountability.
- Different situations require the form: selling, trading, returning, loaning, or otherwise transferring firearms.
Exceptions to Form 4473 Requirement
- No requirement for ATF Form 4473 in cases such as transfers to another Federal Firearms Licensee (FFL), returns of repaired firearms, or sales to law enforcement agencies if compliant with regulations.
Responsibility for Information on Form 4473
- Buyers must provide all required information personally on the ATF Form 4473.
- Licensees must ensure accurate completion of all relevant sections and maintain records for transactions exceeding three firearms.
Handling Errors and Omissions
- Corrections to an incorrectly completed ATF Form 4473 must be made on photocopies.
- Original forms should remain unaltered and must include any corrections alongside them.
Electronic ATF Form 4473
- Licensees may utilize an electronic version of ATF Form 4473 if all specified conditions are met.
- ATF is preparing a new ruling to supersede ATF Ruling 2016-2, which previously authorized electronic use.
Background Check Requirements
- Licensees must conduct National Instant Criminal Background Check System (NICS) checks for every firearm transfer to a non-licensee.
- Certain exceptions to the NICS requirement exist, such as transfers based on valid state permits or sales to other FFLs.
Consequences of Failing Background Checks
- Failing to conduct requisite background checks can result in fines, license suspension or revocation, and possible prosecution.
Prohibited Transfers and Buyers
- Firearms must not be sold to individuals believed to be prohibited from possessing them.
- Licensees must assess responses on ATF Form 4473 to identify potential prohibited persons.
Definitions of Prohibited Persons
- Prohibited categories include individuals under indictment, convicted of felonies, fugitives from justice, drug users, mental defectives, dishonorably discharged military personnel, and those subject to restraining orders.
Additional Criteria for Prohibited Transfers
- Specific conditions and definitions apply to categories such as straw purchasers, mentally adjudicated individuals, and those with certain domestic violence convictions.
- Legal exceptions exist for individuals with certain pardons or expungements regarding firearm possession.
Legal Compliance and Documentation
- Licensees must ensure compliance with all applicable laws and keep thorough records of all firearm transactions and corresponding documentation.
- ATF Form 4473 special instructions detail the actions and responsibilities for both licensees and buyers.### Firearm Possession and Criminal Convictions
- Individuals convicted of misdemeanor domestic violence may possess firearms if they have been pardoned or had their conviction expunged, and their jurisdiction allows firearm possession.
- Military personnel convicted under the Uniform Code of Military Justice for force-related offenses must answer affirmatively regarding their status when asked about domestic violence offenses.
Renunciation of U.S. Citizenship
- A person renouncing U.S. citizenship before a diplomatic officer or during wartime is considered not eligible for certain rights.
- Renunciation is not applicable if reversed through administrative or judicial appeal.
Aliens and Firearm Possession
- Illegal aliens or those unlawfully in the U.S. are prohibited from possessing firearms.
- Nonimmigrants in the U.S. under a visa (e.g., tourists, students) generally cannot possess firearms unless exceptions apply, such as lawful hunting or appropriate government representation.
State Law Compliance for Firearm Sales
- Firearm sales must adhere to state laws; delivery is not allowed if the transaction violates state regulations.
- Federal law prohibits selling firearms to individuals under 18 years; restrictions for other firearms apply to those under 21 years.
Transfer Procedures Between Licensees
- Firearms can be transferred between licensees without completing ATF Form 4473, but mandates include recording transactions in Acquisition and Disposition (A&D) records.
- Valid verification of Federal firearms licenses (FFL) through FFL eZ Check is recommended before transferring firearms.
Residency and Firearm Transfer Regulations
- Firearms cannot be sold to individuals residing outside the state of the seller.
- Active duty military personnel can establish residency based on their permanent duty station and provide proper documentation.
Non-Resident Firearm Sales
- Firearms may be sold to non-residents via shipping to a federally licensed dealer in the buyer’s state, who will facilitate background checks.
- Over-the-counter sales of shotguns and rifles are allowed for non-residents if all federal and state laws are followed.
Identification Requirements for Firearm Buyers
- Sellers must verify the identity of non-licensee buyers through government-issued identification that includes name, address, date of birth, and a photo.
- Acceptable forms of ID include documents issued by government entities that clearly identify the individual.
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Description
Test your knowledge on the role of ATF Industry Operations Investigators and the regulations concerning Federal firearms licensees. This quiz covers compliance requirements, potential violations, and the responsibilities of FFLs under the Gun Control Act. Understanding these regulations is crucial for all involved in the firearms industry.