Atf Form 4473 - Firearm Transaction Record (Page 5 of 6) in pdf

sale, he or she is prohibited from receiving a firearm unless he or she falls

within an exception to the nonimmigrant alien prohibition. (See Question

II.c. und Exception to 11.1.) If a nonimmigrant alien claims to fall within one

of these exceptions by answering

'yes"

to question 12, he or she must provide

the licensee with documentation of the exception (e.g., hullting license/permit:

waiver), If the documentation is a hunting liccnsclpcrnlit, thc liccnsee must

make sure it has not expired. An cxpired hunting license/permit docs not

qualify for the exception. A liecnsee MUST complete and may attach a copy

of the documentation to

TF Form 44 73,

EXCEPTION to 11.1.: A nonimmigrant alien is not prohibited from purchas-

ing, receiving, or possessing a tirearm if the alien: (1) is in possession of a

hunting licensc or pennit lawfully issued in the United States; or (2) has

received a waiver from the prohibition from the Attorney General of the United

State, (See II! Us.c.

§ 922(y)(2)for additional exceptions.)

Persons subject

to one of these exceptions should answer "yes" to questions 1l.1. and 12 and

provide a copy of the hunting license or letter granting the waiver, which must

be recorded in 20.d. If the Transferee (Buyer) answered "yes" to this

question, the licensee MUST complete 20.d.

Question 12. Exceptions to Nonimmigrant Alien Response: If question

1l.1. is answered with a "no" response, then do NOT respond to question 12

and procced to question 13. If response is "yes," then licensee must complete

qucstion 20.d., and may attach a copy.

Question 13. State of Residence: The State in which an individual resides.

An individual resides in a State if he or she is present in a State with the

intention of making

home in that State. If an individual is a member of the

Armed Forccs on active duty, his or her State of residence also is the Statc in

which his or her permanent duty station is located. An alien who is legally in

the United States is

resident of a State only if the alien is residing in the State

and has resided in the State continuously for at least 90 days immediately

prior to the date of sale or delivery of a tirearm.

If you arc a U,S. citizen with two States of residence, you should list your

current residence address in response to question 2 (e.g., ifyou are buying a

.firearm while staying

your weekend home in State

you should list your

address in State X

il1

response to question

2.)

1f you arc not a citizen of the

United States, you only have

State of residence if you have resided in a State

for at least 90 continuous days immediately prior to the date of this sale.

Question 16. Certification Definition of Engaged in the Business: Under

18 U.S.c. § 922 (a)(I), it is unlawful for a person to cngage in the business of

dealing in tirearms without a license. A person is engaged in the business of

dealing in tireanm if he or she devotes time, attention, and labor to dealing in

lirearms as a regular course of trade or business with the principal objective of

livelihood and profit through the

r~"Petitive

purchase and resale of tireanns. A

license is not required of a person who only makes occasional sales,

exchanges, or purehascs of firearms for the enhancement of a personal

collection or for a hobby, or who sells all or part of his or her personal

collection of fireanns.

Section B

Question 18. T)'pe of Fireal'm(s): Check all boxes that apply. "Other"

refers to frames, receivers and other firearms that arc not either handguns or

long guns (rifles or shotguns), such as fireanns having a pistol grip that expel

a shOlgun shell, or National Firearms Act (NFA) firearms.

If a frame or receiver can only be made into a long gun (rifle or shotgun), it is

still a frame or receiver not a handgun or long gun. However, they still arc

"firearms" by definition. and subject to the same GCA limitations as any other

firearms. See Section 92 I(a)(3)(b). 18 U.S.C. Section 922(b)(1) makes it

unlawful for a licensee to sell any firearm other than a shotgun or rifle to any

person undcr the age of 21. Since a frame or receiver for a firearm. to include

one rhat can only be made into a long gun, is a "firearm other than a shotgun

or riflc." it cannot be transferred to anyone under the age of 21, Also, note

that multiple sales forms arc not required for frames or receivers of any

firearms, or pistol grip shotguns, since they are not "pistols or revolvers"

under Section 923(g)(3)(a).

Question 19. Gun Shows: If sale at gun show or other qualifying event

sponsored by any national, State. or local organization, as authorized by

Page 5 of6

27 eFR § 478.100. the seller must record the name of event and the location (dty

and State) of the sale in question 19.

Question 20a. Identification: List issuing authority (e,g., State, County or

Municipality) and type of identification presented (e,g., lc7rginia driver's license

(VA DLj. or other valid government-issued identificationj.

Know Your Customer: Before a licensee may sell or deliver a tirearm to a

nonlieensee, the licensee must establish the identity, place of residence. and

age of the buyer. The buyer must provide a valid government-is ued photo

identification to the seller that contains the buyer's name. residence address,

and date of birth. The licensee must record the type, identitieation number.

and expiration date (if any) of the identification in qucstion 20.a. A driver's

license or an identification card issued by a State in place of a license is

acceptable. Social Security cards arc not acceptable because no address. date of

birth, or photograph is shown on the cards. A combination of government-

issue-d documents may bc provided. For example, if a U.S. citizen has

twO

Slates

of residence and is trying to buy a handgun in State

he may provide a driver's

license (showing his name, date of birth, and photograph) issucd by State

and

another govcrnment-issued document Isuch as a tax document) from State

showing his residence address. If thc buyer is a mcmber of tbe Armed Forces on

active duty acquiring a tirearm in the State where his or her permanent duty

slation is locatcd, but he or she has a driver's license from another State. you

should list the buyer's military identitieation card and official orders showing

where his or her pennanent duty station is located in response to question 20.a.

Question 20.b. Alternate Documentation: Licensees may accept a combination

of valid government-issued documents

satisfy the identification document

requirements of the law. The required valid government-issued photo identiiiea-

tion document bearing the name, photograph, and date of birth of transferee may

be supplemented by another valid, government-issued document showing the

transferee's residence address. This alternate documentation should be recorded

in question 20.b., with issuing authority and type of identification prcsented. A

combination of government-issued documents may be provided, For example. if

a U.S. citizen has two States of residence and is trying to buy a handgun in State

X, he may provide a driver's license (showing his name, date of birth, and

photograph) issued by State

Y and another government-issued document

(wch as

a tax document) from State

showing his residence address.

Question 20.c. Documentation for All Aliens:

Sale of Firearms to Legal Aliens: A buycr who is not a citizen of the United

Slatcs must provide additional documentation (beyond a valid government-issued

photo identification that comains the buyer's name. residence address, and date

of birth)

establish that he or she has resided in a State continuously for at least

90 days immediately prior to the date of the sale. (See Question

13)

Examples

of appropriate documents to establish Stale residency arc utility bills from each of

the last

months immediatcly prior to the sale or a lease agreement that

demonstrates 90 days of residency immediately prior to the sale. A licensee may

attach a copy of the documentation to ATF Form 4473, rather than record the type

of documentation in question 20.e. Acceptable documentation to prove 90-day

continuous residency must be original documentation (e,g, utility bills, current

bank statements. rent receipts. mortgage payments, lease agreements, personal

plVperty tax bills, documents

I~<sued

by Federal, State, or local government

agencies. jirst-class mail issued bv government agency, insurance policies. ar bill

with current address or major credit card bill).

Question 20.d, Documentation for Nonimmigrant Aliens: Sec instructions for

Question 11.1. Types of acceptable documents would include a valid State-issued

hunting license or a Ictter from the U.S. Attorney General granting a waiver.

Question(s) 21, 22, 23, NICS BACKGROUND CHECKS: 18 V.S.c. § 922(t)

requires that prior to transferring any tireann to an unlicensed person, a licensed

importer, manufacturer, or dealer must lirst contact the National Instant Criminal

Background Check System (NICS). NICS will advise the licensee whether the

systcm finds any information that the pUtcbaser is prohibited by law ftom

possessing or receiving a fireann. For purposes of this form, contacts to NICS

include contacts to State agencies designated to conduct NICS checks for the

Federal Government. WARNING: Any seller who transfers a firearm to any

pcrson they know or have reasonable cause

believe is prohibited from receiving

or possessing a fireann violates the law, evell if the seller has complied with the

background check requirements of the Brady law,

ATF Forn] 4473 (5300.9) P"'t I

Revised August 2008

Atf Form 4473 - Firearm Transaction Record Page 5

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