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May 22nd, 2020

ATF Approves Updated Form 4473 for Background Checks

FBI NICS Forum 4473 firearms background check form new

The Federal Bureau of Alcohol, Tabacco, Firearms and Explosives (ATF) is set to release its newest version of the Form 4473. The Updated Form 4473 is used by all Federal Firearm License (FFL) holders to record pertinent information from persons seeking to purchase a firearm or firearms prior to the FFL performing a background check via the National Instant Criminal Background Check System (NICS) or state-approved point-of-contact law enforcement agency. FFLs may start using the new Form 4473 immediately. The FBI intends to start shipping these new forms in July 2020.

CLICK HERE to View Draft May 2020 Revised Form 4473 »

IMPORTANT: Use of the updated Forum 4473 becomes MANDATORY as of November 1, 2020, for paper applications (not using the FBI E-Check system).

The May 2020 Form 4473 includes several changes from the previous version, including:

— The warning at the top of the form includes information about illegal exportation.

— Information on the firearm/s to be transferred is now Section A, which must be completed before the transferee completes Section B.

— The Citizenship information (Country of Citizenship and US-issued alien or admission number) has been moved to precede the prohibitor questions.

— The “County” block has been changed to “County/Parish/Borough” to accommodate Louisiana and Alaska, respectively.

— The “Sex” box has been revised to include a third option of “Non-Binary”. [Comment: Really? And how does this prevent crime? Thank you SJWs.]

— Item 26b, which previously applied to situations in which the identification document did not show the current residence address of the transferee, has been updated to include situations in which the identification document does not include the full legal name of the transferee.

— New item 26c has been included for the recording of official military orders establishing permanent change of station.

OTHER Changes: A detailed summary of ALL Form 4473 changes has been prepared by Orchid Advisers, which provides ATF and ITAR compliance services to manufacturing, distribution, and retail FFLs.

FBI NICS Forum 4473 firearms background check form new

Expected Delivery Dates and Pre-Order Links
Use of the May 2020-approved Form 4473 will be mandatory for all FFLs beginning November 1, 2020. FFLs may use supplies of their current Form 4473s (October 2016 version) until that date. The new Form 4473 and continuation sheets are available for preorder in both English and Spanish. FFLs can expect their preorders to begin shipping in late July 2020. In addition, ATF expects to ship 50-quantity starter packs of the new Form 4473 to all FFLs in late July 2020, and the agency intends to have an updated eForm 4473 up and running during that same time period for those FFLs utilizing the FBI’s NICS E-Check system instead of the paper Form 4473.

CLICK HERE to Pre-Order Revised FBI Form 4473 »

NSSF has ordered both Spanish and English overlays for the new Form 4473 and we will notify our members when they are in stock and available through the member portal. These overlays, which complement an FFL’s compliance best practices, help improve accuracy and completion of this critical form and are available free to NSSF members.

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May 10th, 2019

Rules of Firearms Gift Transfers — How to Stay Out of Trouble

firearm gun gift law rules NSSF
Image Courtesy NSSF

Mother’s Day is Sunday, May 12th, and Father’s Day is just a month away. Perhaps you’re thinking about giving your parent(s) a firearm for sporting use or self-protection. While gifting a gun is allowed in most jurisdictions, there are important state and Federal laws with which you must comply. And while Federal laws cover the whole country, the rules on firearms gift transfers vary significantly from state to state.

Bottom line here — you need to know the law BEFORE you deliver that shiny new firearm to a family member, close friend, or relative.

firearm gun gift law rules NSSF
Image Courtesy NSSF. This story is based on an NSSF Article.

The first thing to remember if you’re thinking about giving someone a gun is that … it’s a gun! You already know that ownership of a firearm brings with it some serious legal and ethical obligations that other consumer products don’t. So let’s look at some questions you may have about giving a firearm as a gift.

ATF Firearms gun giftsThe first question you have to ask is whether the intended recipient can legally own the firearm where he or she lives. With more than 20,000 different gun laws on the books, even the kinds of firearms that law-abiding citizens can own vary from place to place. For example, juveniles (under age 18) generally speaking are precluded by law from possessing a handgun. Check out the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) website for an overview of local laws and, whatever you do, don’t forget that you can never under any circumstances transfer a firearm to someone you know — or have reasonable cause to believe — legally can’t own one. That’s a federal felony, so be careful.

There’s no federal law that prohibits a gift of a firearm to a relative or friend who lives in your home state. Abramski v. United States, a recent Supreme Court decision involving a “straw purchase” of a firearm did not change the law regarding firearms as gifts. The following states (California, Colorado, Connecticut, Delaware, New York, Oregon, Rhode Island, Washington State) and the District of Columbia require you to transfer a firearm through a local firearms retailer so an instant background check will be performed to make sure the recipient is not legally prohibited from owning the gun. Maryland and Pennsylvania require a background check for private party transfer of a handgun. There are exceptions, so it’s important to check the law of your state or ask your local firearms retailer.

ATF Firearms gun giftsConsider a Gift Card Instead of Direct Gift
The ATF recommends that if you want to give someone a new firearm, rather than going to a gun store and buying the gun on your own, consider instead purchasing a gift certificate/card from your favorite gun retailer. Then give that gift card as the present. That way the recipient can choose the exact gun he or she wants, and there’s no question about who is “the actual buyer of the firearm,” which is a question any purchaser must certify on the Federal Form 4473 at the time of purchase. The Gift Card option avoids any “straw purchaser” issues.

(more…)

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December 23rd, 2018

What You Need to Know about Firearms Gift Transfers

firearm gun gift law rules NSSF
Image Courtesy NSSF. This story is based on an NSSF Article.

‘Tis the season of gift-giving (and Christmas Day is nearly here). Perhaps you’re considering giving a a first rifle to your grandson or perhaps a carry pistol to a spouse. When making a gun gift to a friend or family member, however, there are some very important legal considerations. Also the rules on firearms gift transfers vary from state to state. Bottom line here — you need to know the law BEFORE you deliver that shiny new firearm to a family member, close friend, or relative.

The first thing to remember if you’re thinking about giving someone a gun is that … it’s a gun! You already know that ownership of a firearm brings with it some serious legal and ethical obligations that other consumer products don’t. So let’s look at some questions you may have about giving a firearm as a gift.

firearm gun gift law rules NSSF
Image Courtesy NSSF

ATF Firearms gun giftsThe first question you have to ask is whether the intended recipient can legally own the firearm where he or she lives. With more than 20,000 different gun laws on the books, even the kinds of firearms that law-abiding citizens can own vary from place to place. For example, juveniles (under age 18) generally speaking are precluded by law from possessing a handgun. Check out the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) website for an overview of local laws and, whatever you do, don’t forget that you can never under any circumstances transfer a firearm to someone you know — or have reasonable cause to believe — legally can’t own one. That’s a federal felony, so be careful.

There’s no federal law that prohibits a gift of a firearm to a relative or friend who lives in your home state. Abramski v. United States, a recent Supreme Court decision involving a “straw purchase” of a firearm did not change the law regarding firearms as gifts. The following states (California, Colorado, Connecticut, Delaware, New York, Oregon, Rhode Island, Washington State) and the District of Columbia require you to transfer a firearm through a local firearms retailer so an instant background check will be performed to make sure the recipient is not legally prohibited from owning the gun. Maryland and Pennsylvania require a background check for private party transfer of a handgun. There are exceptions, so it’s important to check the law of your state or ask your local firearms retailer.

ATF Firearms gun giftsConsider a Gift Card Instead of Direct Gift
The ATF recommends that if you want to give someone a new firearm, rather than going to a gun store and buying the gun on your own, consider instead purchasing a gift certificate/card from your favorite gun retailer. Then give that gift card as the present. That way the recipient can choose the exact gun he or she wants, and there’s no question about who is “the actual buyer of the firearm,” which is a question any purchaser must certify on the Federal Form 4473 at the time of purchase. The Gift Card option avoids any “straw purchaser” issues.

Intra-Family Transfers and Antique Arms
What if you want to give “Old Betsy,” your favorite old deer rifle, to your son or daughter as a college graduation gift? Again, in most states, there’s no law that says you can’t, but some states require even intra-family transfers to go through a licensed dealer. Remember, you can never transfer a firearm directly to another person who is a resident of a different state. In that case, you must transfer the firearm through a licensed dealer in the state where the person receiving the gift resides. Using a gift certificate from a firearms retailer near where the recipient lives might be a good solution. Pre-1898 antique firearms are generally exempt from the dealer requirement. [But check with the laws in your jurisdiction]. Be safe and check with your dealer or local law enforcement before you hand over your prized possession.

Regulations on Firearms Shipping to Third Parties
When you intend to transfer a gun, there are important rules on interstate shipping*. Generally speaking, you can only ship a handgun by common carrier (but not U.S. Mail) and a long gun by U.S. Mail or common carrier to a federally licensed dealer, but not to a non-licensed individual. With all carriers, federal law requires you to declare that your package contains an unloaded firearm. To be safe, always consult your carrier in advance about its regulations for shipping firearms. Also check your state laws on transfers.


*Different rules may apply to shipping to parties IN-STATE or shipping firearms to yourself in temporary care of others. Always consult your own state laws, but here are some FAQs copied directly from the ATF.GOV website:

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August 8th, 2018

Firearms Transfers — Federal Form 4473 and Cannabis

ATF Form 4473 Marijuana Cannabis background check
Read Orchid Advisors’ Full Form 4473 Revision Report on Ammoland.com.

Dope or Guns. But Not Both…
Federal law is clear on this. Make your choice. — Dennis Santiago

You may live in a state where private use of marijuana has been decriminalized, but you still have to worry about the Federal Government. Use of marijuana (cannabis) is still prohibited under Federal law. Admitting that you smoke dope can and will prevent you from being able to purchase firearms. We raise this point because in 2016 ATF modified Forum 4473, the Federal Firearms Transaction Record, to include a new warning. The Shooting Wire explains:

ATF Form 4473 Marijuana Cannabis background check “ATF notified licensees last week that ATF Form 4473… has again been revised. There’s now a warning attached to question 11.e.

11.e is the famous question, ‘Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?’

The warning simply says that use and possession is illegal under federal statute regardless of the state’s rules. Some on social media said, ‘ATF is telling you to mark that answer “no”. Apparently they don’t remember Scooter Libby.

Lying on ATF Form 4473, as noted right above Block 14, is a federal felony — punishable by fines and a term of imprisonment. Want an all-expense paid vacation at Club Fed? If not, don’t mess with the [Federal Government].”

There are a number of other small changes and additions in the latest revision of Form 4473. These changes are reviewed in great detail by Orchid Advisors, firearms industry compliance experts. If you sell firearms, we recommend you read Orchid Advisors’ full Form 4473 Report on Ammoland.com. Below you can read all six pages of ATF Form 4473.

Download current Form 4473 from the ATF’s website at https://www.atf.gov/firearms/firearms-forms. FFL dealers should note that all six pages of Form 4473 must be printed and retained as permanent transaction records.

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July 7th, 2018

Traveling with Firearms — Learn the Laws that Apply


Chrysler’s 2014 Outdoorsman Series Trucks offered an optional “RamBox” with locked rifle storage.

This summer, many of our readers will be traveling to shooting matches near and far. Many of you will drive 1000 miles or more to attend major championships at Camp Perry (Ohio) and Camp Atterbury (Indiana). Along the way you’ll cross multiple state lines, and be subject to a patchwork of different state and local laws. While traveling with firearms you want to ensure you comply with all laws and regulations, even if you’re “just passing through”.

Ford F-250 Cabelas crew cab gun storage bench seatOn the NRA’s American Rifleman website you’ll find a helpful article that provides basic tips on avoiding legal entanglements when traveling from state to state with firearms in your vehicle. The basic advice is to plan out your trip in advance, researching all state and local laws that will apply. This can be a daunting task, but a Federal law, the Firearms Owners’ Protection Act (FOPA) does provide some protection for travelers.

According to the NRA: “FOPA shields you from local restrictions if you’re transporting firearms for lawful purposes. Under FOPA, notwithstanding any state or local law, a person is entitled to transport a firearm from any place where he or she may lawfully possess and carry such firearm to any other place where he or she may lawfully possess and carry it, if the firearm is unloaded and locked out of reach. In vehicles without a trunk, the unloaded firearm must be in a locked container other than the glove compartment or console.”

The NRA cautions that: “Laws vary place-to-place, and if you do anything other than pass through a state, you must obey all local laws. This is especially true when you are carrying a loaded firearm in your vehicle or on your person. There’s no shortcut here. You need to map out your trip state-by-state to be sure you stay legal during your trip.”

Resources for Travelers

The American Rifleman article also lists useful print and online resources you can consult to learn more about laws that apply when traveling with firearms:

Guide to the Interstate Transportation of Firearms (From NRA ILA.)

Federal Firearms Regulations Reference Guide (BATFE publication.)

BATFE’s State Laws and Published Ordinances — Firearms, 2010-2011

BATFE’s Answers To Frequently Asked Questions

State Gun Laws at a Glance (Includes interactive chart with info on state laws.)

The Traveler’s Guide to the Firearm Laws of the Fifty States (Printed handbook.)

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June 5th, 2018

NSSF Answers Tough Firearms Transfer Questions

FFL license holders questions and answers about transfersThe National Shooting Sports Foundation (NSSF) has published a Q & A Page about FFL transfers and other FFL-related matters. The NSSF’s experts provide answers to common questions to ensure that neither FFLs nor their customers get caught in regulatory traps. Here are some of the recent questions and answers:

1. Purchase of Firearm by Parent for Child.

Q: May a parent or guardian purchase firearms or ammunition as a gift for a juvenile (under 18 years of age)?

Yes. However, possession of handguns by juveniles (less than 18 years of age) is generally unlawful. Juveniles generally may only receive and possess handguns with the written permission of a parent or guardian for limited purposes (e.g., employment, ranching, farming, target practice or hunting), and that permission slip must be carried by the juvenile while possessing the handgun. [18 U.S.C. 922(x)]

2. May an FFL Transfer a Firearm by Way of a “House Call”?

Q: I have an elderly customer who cannot leave his home. I have a gun in my store that he wants to buy. Can I go to his house, have the Form 4473 completed, call for a background check and deliver the gun to him, providing that all the background checks clear?

A: Federal Firearms Licensees (FFLs) are required to conduct business from their licensed “business premises.” The Form 4473, Part 1, is for an over-the-counter transaction. The buyer must appear in person at the FFL premises. Licensees may not conduct firearms transactions from locations other than their licensed premises, with the exception of gun shows or other events dedicated to the sporting use of firearms and held in the state where the FFL’s premises is located. An FFL who locates purchasers by other means must complete the transaction and all required paperwork at the business premises indicated on the FFL’s license.

3. Can the Spouse of a Transferee (Buyer) Pick Up a Firearm?

Q: A customer filled out a Form 4473 on a shotgun. The NICS background check reply was delayed, but the following day NICS approved the purchase. The customer could not get back to my store during open hours, however, so he sent his wife to pick it up. May I transfer the shotgun to her?

A: The shotgun may not be transferred to the customer’s wife, as she is not the intended transferee. The customer must return to the store himself and complete the ATF Form 4473 to receive the firearm. He must recertify that his answers in section A are still true, correct and complete by signing and dating Section C on the ATF Form 4473.

4. What Is the Procedure for an Older Firearm with No Serial Number?

Q: I have received a firearm on trade. It was made before 1968 and has no serial number. I must note the physical markings on the firearm in my records. What do I do in this case?

A: Unfortunately, marking requirements that existed before 1968 did not apply to all firearms. Many of the firearms manufactured and imported prior to 1968 bear no serial numbers or other markings. Licensees who receive these firearms should note in each descriptive column in the acquisition record the physical markings that appear on the firearms. If no serial number was placed on the firearm, it should be specifically noted that “Firearm has no serial number” or recorded “NSN.” Remember, however, it is illegal to remove or alter a firearm’s serial number, and a licensee should report such a firearm to the nearest ATF office. Refer to the ATF P 3317.2, Safety and Security Information for Federal Firearms Licensees.

5. What Should Be Done if an FFL Finds a Firearm That Was Previously Reported Lost?

Q: I’ve reported a lost firearm. I’ve done all the necessary paperwork and notifications. Now, I’ve found the firearm. What is my course of action?

A: FFLs who report a firearm as missing and later discover its whereabouts should advise the ATF, as well as their local law enforcement agency, that the firearms have been located. The ATF can be contacted at 888-930-9275. In addition, once the firearms are located, they must be re-entered into the Acquisition and Disposition (A&D) record as an acquisition entry.

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July 5th, 2017

Gun Industry Trends Revealed in Shooting Industry Magazine

Shooting Industry Magazine July 2017 NICS sales trends top manufacturers

The data-packed July issue of Shooting Industry magazine reveals key gun industry metrics — such as background checks, financial results from publicly-traded gun-makers, and the latest U.S. firearms manufacturing production data. The annual U.S. Firearms Today Report presents a comprehensive review of gun industry activity, including data on firearm production by caliber, shifts in export/import totals and the top 25 U.S. firearm manufacturers from 2015 (the latest data available).

CLICK HERE for July 2017 Shooting Industry Digital Edition »

As indicated by the ATF’s 2015 Annual Firearms Manufacturing and Export, the industry rebounded across several categories after a challenging 2014. Total firearms production increased from 8,692,461 in 2014 to 8,911,530 in 2015, growth of 2.5 percent. For the eighth year in a row, Ruger was the top overall U.S. firearms manufacturer with 1,667,820 firearms produced in 2015, while Smith & Wesson and Remington were the leading handgun and long-gun manufacturers, respectively. One notable trend is that Savage Arms significantly increased its production output compared to other leading rifle-makers.

Here are the top three rifle makers in 2015 with percentage change from 2014:

• Remington: 774,180 (-16.7%) | Ruger: 662,444 (-6.2%) | Savage Arms: 381,695 (+24.8%)

Shooting Industry Magazine July 2017 NICS sales trends top manufacturers

Gun Sales Trends in 2017 Compared to 2015
The Firearms Today Report reports that, contrary to some perceptions, gun sales remain strong: “Comparing the first five months of 2017 to 2015 (which was the second-largest year for U.S. firearms manufacturing), the industry is performing well. NICS background checks increased by 6.7 percent (from 5,427,494 to 5,793,571) from January through May 2017 compared to the corresponding months in 2015.”

The lastest issue of Shooting Industry (and all 2017 and 2016 monthly issues) can be accessed in their entirety online at www.shootingindustry.com/digital-version. CLICK HERE for July 2017 Digital Edition.

Story Lead from EdLongrange. We welcome reader submissions.
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February 16th, 2017

ATF White Paper Recommends Changes in Suppressor Laws

ATF silencer suppressor white paper

In the near future, there could be changes in the way the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) treats sound suppressors (aka “moderators” or “silencers”). An official government White Paper, dated 1/20/17, was recently leaked to the press and revealed by the Washington Post.

CLICK HERE to READ FULL Text of ATF WHITE PAPER

ATF silencer suppressor white paper

The ATF White Paper makes some key points about suppressors:

1. 42 States currently allow silencers.
2. Silencers are not a threat to public safety, and are rarely used in criminal activities.
3. The inclusion of suppressors in the NFA is “archaic” and should be reevaluated.
4. The definition of regulated suppressor components should be narrowed, so that only key items are regulated as opposed to “any combination of [silencer] parts”.
5. A change in Federal law removing silencers from regulation under the NFA would save resources, allowing the ATF to focus on reducing actual gun-related crime.

ATF silencer suppressor white paper

Here is the operative text of the ATF White Paper:

Current Federal law requires ATF to regulate silencers under the NFA. This requires a Federal tax payment of $200 for transfers, ATF approval, and entry of the silencer into a national NFA database. In the past several years, opinions about silencers have changed across the United States. Their use to reduce noise at shooting ranges and applications within the sporting and hunting industry are now well recognized.

At present, 42 states generally allow silencers to be used for sporting purposes. The wide acceptance of silencers and corresponding changes in state laws have created substantial demand across the country. This surge in demand has caused ATF to have a significant backlog on silencer applications. ATF’s processing time is now approximately 8 months. ATF has devoted substantial resources in attempts to reduce processing times, spending over $1 million annually in overtime and temporary duty expenses, and dedicating over 33 additional full-time and contract positions since 2011 to support NFA processing. Despite these efforts, NFA processing times are widely viewed by applicants and the industry as far too long, resulting in numerous complaints to Congress. Since silencers account for the vast majority of NFA applications, the most direct way to reduce processing times is to reduce the number of silencer applications. In light of the expanding demand and acceptance of silencers, however, that volume is unlikely to diminish unless they are removed from the NFA. While DOJ and ATF have historically not supported removal of items from the NFA, the change in public acceptance of silencers arguably indicates that the reason for their inclusion in the NFA is archaic and historical reluctance to removing them from the NFA should be reevaluated.

ATF’s experience with the criminal use of silencers also supports reassessing their inclusion in the NFA. On average in the past 10 years, ATF has only recommended 44 defendants a year for prosecution on silencer-related violations; of those, only approximately 6 of the defendants had prior felony convictions. Moreover, consistent with this low number of prosecution referrals, silencers are very rarely used in criminal shootings. Given the lack of criminality associated with silencers, it is reasonable to conclude that they should not be viewed as a threat to public safety necessitating NFA classification, and should be considered for reclassification under the [Gun Control Act] (GCA].

If such a change were to be considered, a revision in the definition of a silencer would be important. The current definition of a silencer extends to “any combination of [silencer] parts”, as well as “any part intended only for use in” a silencer. Compared to the definition of a firearm, which specifies the frame or receiver is the key regulated part, any individual silencer part is generally regulated just as if it were a completed silencer. Revising the definition could eliminate many of the current issues encountered by silencer manufacturers and their parts suppliers. Specifically, clarifying when a part or combination of parts meets a minimum threshold requiring serialization would be useful.

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December 22nd, 2016

Giving a Firearm as a Gift? Some Reminders from NSSF

firearm gun gift law rules NSSF
Image Courtesy NSSF

By Bill Brassard for NSSF
‘Tis the season of gift-giving (and Christmas Day is almost here). As hunters, shooters, collectors or just plain plinkers, it’s a natural instinct to want to share our enjoyment of firearms with others. What better way to do that than to make a gift of a firearm to a family member, close friend or relative?

The first thing to remember if you’re thinking about giving someone a gun is that … it’s a gun! You already know that ownership of a firearm brings with it some serious legal and ethical obligations that other consumer products don’t. So let’s look at some questions you may have about giving a firearm as a gift.

ATF Firearms gun giftsThe first question you have to ask is whether the intended recipient can legally own the firearm where he or she lives. With more than 20,000 different gun laws on the books, even the kinds of firearms that law-abiding citizens can own vary from place to place. For example, juveniles (under age 18) generally speaking are precluded by law from possessing a handgun. Check out the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) website for an overview of local laws and, whatever you do, don’t forget that you can never under any circumstances transfer a firearm to someone you know — or have reasonable cause to believe — legally can’t own one. That’s a federal felony, so be careful.

Though there’s no federal law that prohibits a gift of a firearm to a relative or friend that lives in your home state, some states (such as California) require you to transfer the gun through a local firearms dealer so an instant background check will be performed to make sure the recipient is not legally prohibited from owning the gun.

The ATF recommends that if you want to give someone a new firearm, rather than going to a gun store, buying it on your own and giving it to, say your father, consider instead purchasing a gift certificate from that retailer and giving it to Dad as his present. That way he’ll get the exact gun he wants, and there’s no question about who is “the actual buyer of the firearm,” which is a question any purchaser must certify on the Federal Form 4473 at the time of purchase.

You can only ship a handgun by common carrier (but not U.S. Mail) and a long gun by U.S. Mail or common carrier to a federally licensed dealer, but not to a non-licensed individual. With all carriers, federal law requires you to declare that your package contains an unloaded firearm. To be safe, always consult your carrier in advance about its regulations for shipping firearms.

What if you want to give “Old Betsy,” your favorite old deer rifle, to your son or daughter as a college graduation gift? Again, in most states, there’s no law that says you can’t, but some states require even inter-family transfers to go through a licensed dealer. Remember, you can never transfer a firearm directly to another person who is a resident of a different state. In that case, you must transfer the firearm through a licensed dealer in the state where the person receiving the gift resides. Using a gift certificate from a firearms retailer near where the recipient lives might be a good solution. Pre-1898 antique firearms are generally exempt from the dealer requirement. [But check with the laws in your jurisdiction]. Be safe and check with your dealer or local law enforcement before you hand over your prized possession.

About the National Shooting Sports Foundation
The National Shooting Sports Foundation is the trade association for the firearms industry. Its mission is to promote, protect and preserve hunting and the shooting sports. Formed in 1961, NSSF has a membership of more than 6,000 manufacturers, distributors, firearms retailers, shooting ranges, sportsmen’s organizations and publishers. For more information, log on to www.nssf.org.

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December 2nd, 2016

Firearms Barrel Length and Overall Length — Know the Law

The Legal Brief is a feature of TheGuncollective.com that focuses on firearms rules and regulations. In this Legal Brief video, Attorney Adam Kraut explains key State and Federal regulations governing firearms, and explains how to ensure compliance with all applicable laws.

This five-minute video explains barrel length rules for rifles and shotguns, and also explains the best (and most fool-proof) methods to measure your barrel. In addition, the video explains how to measure firearm overall length. A rifle or shotgun which is less than 26 inches overall can also be classified as a “Short-barreled” rifle/shotgun subject to the NFA. NOTE: Under federal law “If the rifle or shotgun has a collapsible stock, the overall length is measured with the stock EXTENDED”.

short barrel barreled rifle shotgun NSA tax stamp ATF legal brief guncollective.com

Highlights of LEGAL BRIEF Discussion of Barrel Length and Firearm Overall Length

The ATF procedure to measure the length of a barrel is to measure from the closed bolt or breech face to the furthest end of the barrel or permanently attached muzzle device. ATF considers a muzzle device that has been permanently attached to be part of the barrel and therefore counts towards the length.

How to Measure Barrel Length: Drop [a] dowel or rod into the barrel until it touches the bolt or breech face, which has to be closed. Mark the outside of the rod at the end of the muzzle crown (if you don’t have a permanently attached muzzle device) or at the end of the muzzle device if it is permanently attached. Remove the rod and measure from the mark to the end of the rod. That is your barrel length[.]

Remember, if the barrel length is less than 16 inches, it is possible that the firearm could be a short barrel rifle (if you are building a rifle or it is already on a rifle) and if the barrel length is less than 18 inches, it is possible the firearm could be a short barrel shotgun (again if you are building a shotgun or it is already a shotgun). Both of these firearms would be subject to the purview of the National Firearms Act and would require the firearm to be registered accordingly.

How to Measure Overall Length:The overall length of your rifle or shotgun may also classify it as a Short Barrel Rifle or Short Barrel Shotgun. The overall length of a firearm is the distance between the muzzle of the barrel and the rearmost portion of the weapon measured on a line parallel to the axis of the bore. … If the rifle has a permanently attached muzzle device, that is part of the overall length. … If the rifle or shotgun has a collapsible stock, the overall length is measured with the stock extended.

READ FULL ARTICLE on Ammoland.com.

Links for this episode:

ATF Method for Measuring Barrel Length and Overall Length:
https://www.atf.gov/firearms/docs/atf-national-firearms-act-handbook-chapter-2/download
Firearm – 26 USC § 5845: https://www.law.cornell.edu/uscode/text/26/5845
Firearm – 27 CFR § 479.11: https://www.law.cornell.edu/cfr/text/27/479.11
Short Barrel Rifle – 18 USC § 921(a)(8): https://www.law.cornell.edu/uscode/text/18/921
Short Barrel Rifle – 27 CFR § 478.11: https://www.law.cornell.edu/cfr/text/27/478.11
Short Barrel Shotgun – 18 USC § 921(a)(6): https://www.law.cornell.edu/uscode/text/18/921
Short Barrel Shotgun – 27 CFR § 478.11: https://www.law.cornell.edu/cfr/text/27/478.11

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