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Questions and Answers
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ATF Form 4473
Many electronic Form 4473 software products do not require the transferee to sign and date the certification in items 22 and 23 until after the NICS process is completed and the form is printed. Is this permissible?
Is an ATF Form 4473 required when an unlicensed person sells or disposes of a firearm?
Is a Social Security card a proper means of identification for purchasing a firearm from a licensee?
In instances where firearms are ordered and have not arrived, may an FFL postpone recording serial number information in item 3 of Form 4473 until after the transferee has completed Section B, and then complete item 3 after the arrival of the firearm?
If a licensee notices an error on the ATF Form 4473 after the transfer, what is the procedure to record the correct information?
If a firearm transferee’s identification lists something other than male or female for their gender, what should they check on question 14 of Form 4473?
If a buyer or transferee is unable to read and/or write but wants to purchase a firearm, how may the transfer legally be completed?
How should an FFL proceed if, after the completion of Section E of ATF form 4473 (signed and dated), the transferee decides to purchase a different firearm than originally recorded on the Form 4473?
How should an FFL proceed if the transferee decides to purchase additional firearms, more than originally recorded on the Form 4473?
How long are licensees required to maintain ATF Forms 4473?
Does the Form 4473 have to be retained if the customer does not complete Section B and a NICS check is never initiated?
Can item 26.b. on Form 4473, “Supplemental Government Issued Documentation,” be used to document a transferee’s additional government-issued documentation that establishes the transferee’s full legal name and/or current residence address?
Are the instructions attached to the ATF Form 4473 required to be maintained with the Form 4473 as part of a licensee's permanent firearms records?
ATF Ruling 2016-5 Guidance - Marking Variance for Government Defense Contractors
Why is ATF issuing this guidance for Ruling 2016-5?
When is a subcontractor considered “a party” to “an existing USG contract” for purposes of ATF Ruling 2016-5?
What, if anything, can be done with the destructive devices that are ultimately rejected from a USG contract or are overages from a USG contract?
What information must be supplied to ATF prior to engaging in the manufacturing process?
Pursuant to ATF Ruling 2016-5, how should the alternate markings be applied to satisfy the requirements of, and comply with, the existing United States Government (USG) contract?
How must the markings be applied to the destructive device munitions?
Does the marking variance extend to sub-contractors associated with the contract?
Does the marking variance extend to any Foreign Military Sale (FMS) customers included in those DOD USG contracts?
Can the manufacturer submit additional lot numbers, if needed, as a result of lot “slippage” or a change in lot number mid-production due to unforeseen issues? If so, how should this be done?
Are there any other marking requirements?
Auctioneers
If a licensed auctioneer is making sales of firearms, where may those sales be made?
Does an auctioneer who is involved in firearms sales need a dealer’s license?
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