Lost & Found

Whom should you contact when a firearm is recovered?

Q: After having completed an inventory and not been able to locate one firearm, I promptly contacted the ATF and local authorities.
A week later, we discovered the firearm in our stockroom, and I again notified the ATF. Must I also contact those local authorities?

A: Yes, the licensee is responsible for notifying both the ATF and local authorities about the recovery of the missing firearm.

Q: If a Federal Firearms Licensed-retailer, while exhibiting at a gun show within that FFL's own state, is doing NICS checks for firearms being sold at the show by unlicensed sellers to other persons, can the licensed FFL holder just do the NICS check without logging the firearms in his books? Or must the FFL log the firearms in his books after doing the NICS check and "releasing" the firearm to the buyer?

A: The FFL is only authorized to conduct NICS checks to his/her prospective firearm transferees and/or for pre-pawn checks. Failure to comply with NICS obligations and responsibilities and/or misuse of the system (i.e., conducting background checks on behalf of an unlicensed seller) may result in revocation of their NICS inquiry privileges by the FBI, as well as the possibility of being fined.

Q: My state has a concealed carry permit. Are there any special compliance considerations to take into account when selling a handgun to a person who is permitted to carry a concealed firearm?

A: If the concealed weapons permit issued in your state is qualified as an alternative to a background check under the provisions of federal firearms laws, you must comply with the following requirements when transferring a firearm to an unlicensed person pursuant to this permit alternative:

Have the transferee complete and sign ATF Form 4473, Firearms Transaction Record.

Verify the identity of the transferee through government- issued photo identification (for example, a driver's license).

Verify that the permit was issued within the past five years by the state in which the transfer is to occur, that the permit is valid and that the permit has not expired.

Either retain a copy of the transferee's permit and attach it to the Form 4473, or record on the Form 4473 any identifying number from the permit, the date of issuance, and the expiration date of the permit.

A listing of permits that qualify as an alternative to a background check under the provisions of federal firearms law may be found at atf.gov/firearms/brady-law/permit-chart.html.

Q: Can a licensed FFL, while in another state, purchase legally owned handguns and/or long guns from any individual and/or company?

A: Yes, an FFL may acquire firearms from any FFL in any state and from any non-licensed individual, provided that the state that the FFL is visiting allows the transfer.

Q: Following up on the question above, can the licensed FFL then possess the firearms while he transports the firearms back to his state of license? Or must he transport the guns to a licensed carrier to have that carrier ship the firearms to his licensed business location in another state?

A: Federal law regulates the interstate transportation of firearms at 18 U.S.C. § 926A. It states, "Notwithstanding any other provisions of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, that in the case of a vehicle without a compartment separate from the driver's compartment, the firearm or ammunition shall be contained in a locked container other than the glove compartment or console."

For state laws, a list of the State Attorney General's Offices may be found on the Internet at http://www.naag.org.