July 11, 2017

ATF Q&A: Firearms Transactions

If a Federal Firearms Licensed-retailer, while exhibiting at a gun show within that FFL's own state, is doing NICS checks for firearms being sold at the show by unlicensed sellers to other persons, can the licensed FFL holder just do the NICS check without logging the firearms in his books? Or must the FFL log the firearms in his books after doing the NICS check and "releasing" the firearm to the buyer?

Under the GCA and ATF regulation 27 CFR 478.100 an FFL may temporarily extend its premises to a gun show or other qualifying event in the state where its premises are located. Therefore, the provisions of ATF Procedure 2017-1 could be employed to facilitate a Private Party Transfer at a gun show. A background check would have to be conducted in all cases and FFLs would need to make sure that all firearms involved in PPTs are properly logged into and out of its firearms acquisition and disposition records.

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