July 11, 2017
ATF Q&A: 4473 Forms
I have a customer who has commissioned me to special-order a firearm I do not have in stock. By special-ordering the gun I will be invoiced, and the firearm will become part of my inventory when it arrives at my business premises. To prevent the possibility of not being able to sell it to this customer if he does not pass the NICS check, may I conduct a NICS inquiry at the time that he orders the firearm?
No. The licensee may conduct the NICS check only after the transferee (buyer) has completed Section A of the ATF F 4473, including signing question 14 and indicating the date of certification in question 15.
In addition, the instructions on page 3 of the form state, ‘Generally, ATF Form 4473 must be completed at the licensed business premises when a firearm is transferred over the counter.’ Placing/accepting a special order for a firearm is not transferring the firearm.