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July 11, 2017

ATF Q&A: Firearms Transactions

I operate a firearms retail business in a very small town, where everybody knows everybody else, and I know all of the members of our police department very well. a member of that department comes in to buy a firearm for official use, but he does not have a letter of authorization. Considering I know him so well, do I have to do a NICS background check?

You must conduct a NICS check, as well as complete an ATF Form 4473, and follow all additional applicable laws. For the law enforcement officer to satisfy the exemption from the Brady Law, he or she must provide a certification on agency letterhead, signed by a person in authority within the agency (other than the officer purchasing the firearm), stating that the officer will use the firearm in official duties and that a records check reveals that the purchasing officer has no convictions for misdemeanor crimes of domestic violence (otherwise known as the Lautenberg Act statement). [27 CFR 478.134]