(GunReports.com) — The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has issued a record-keeping procedure for non-over-the-counter firearm sales by licensees to unlicensed in-state residents that are NICS exempt.
The purpose of ATF Proc. 2013-2 is to give guidance to licensed importers, manufacturers and Federal Firearms Licensee retailers “on how to record the sale of a firearm to an unlicensed person who”:
a) Has a valid alternate permit or otherwise is exempt from National Instant Criminal Background Check System (NICS) requirements;
b) Resides in the same State as the licensee; and
c) Does not appear in person at the licensee’s business premises.
Basically, this procedure follows the out-of-print requirements of the old ATF Form 4473, Part II, for non-over-the-counter transactions.
Procedure: A licensed importer, manufacturer, or dealer may record and conduct the sale of a firearm to a resident of the same state who does not appear in person at the licensed business premises using ATF Form 4473, Part I, provided the transfer is exempt from the NICS requirements, pursuant to 18 U.S.C. 922(t)(3) and 27 CFR 478.102(d), and the procedures below are followed:
1. The buyer must properly complete and execute Section A of ATF Form 4473, Part I, as if the firearm was being transferred over-the-counter;
2. Pursuant to 18 U.S.C. 922(c)(1) and 27 CFR 478.96(b), the buyer must execute and attach to the Form 4473 a sworn statement in the format prescribed by 18 U.S.C. 922(c)(1) (set forth above), and, as applicable, a true copy signed and dated by the buyer of the valid alternate permit that qualifies as a NICS exception, and any other documentation required pursuant to State statute or published ordinance;
3. The buyer must send the original ATF Form 4473 and attachment(s) to the licensee. The licensee must then complete the remaining portions of the form as if the firearm was being transferred over-the-counter;
4. The licensee must document the applicable NICS exception in Section B of the ATF Form 4473;
5. The licensee is permitted to omit recording identifying information (type of identification, number on identification, expiration date of identification) in Section B. However, if the buyer is a nonimmigrant alien, the licensee must record the type of documentation showing an exception to the nonimmigrant alien prohibition.
6. Neither the licensee nor the purchaser should complete Section C of the ATF Form 4473;
7. The licensee must complete Section D. In addition, the licensee must record the words “Non over the counter transaction” at the top of the first page of the ATF Form 4473;
8. Pursuant to 18 U.S.C. 922(c)(2) and 27 CFR 478.96(b), the licensee must, prior to shipment or delivery of the firearm, forward by registered or certified mail (return receipt requested) a copy of the Form 4473, sworn statement, and valid alternate permit or other required information to the chief law enforcement officer (CLEO) named on such statement;
9. Pursuant to 18 U.S.C. 922(c)(3) and 27 CFR 478.96(b), the licensee must delay shipment or delivery of the firearm for at least seven days following receipt by the licensee of either the return receipt evidencing delivery of the copy of the Form 4473, to the CLEO, or the return of the copy of the Form 4473 to the licensee due to refusal of the CLEO to accept the same in accordance with U.S. Postal Service regulations;
10. The licensee must retain the original Form 4473, Part I, sworn statement, NICS exemption documentation, and evidence of receipt or rejection of delivery of the information sent to the CLEO as a part of the records required to be kept by the licensee under the provisions of 27 CFR Subpart H, including 478.129 and 478.131;
11. The licensee must record the firearms disposition in the licensee’s acquisition and disposition record in accordance with 27 CFR 478.122, 478.123, or 478.125 (as applicable); and
12. The licensee must report any multiple sales or other disposition of pistols or revolvers on ATF Form 3310.4 in accordance with 27 CFR 478.126a. In addition, the licensee must report any multiple sales or other disposition of certain rifles on ATF Form 3310.12 in accordance with 18 U.S.C. 923(g)(5)(A), as applicable.
