Title 27-vol2-sec478-99

§ 478.98

27 CFR Ch. II (4–1–04 Edition)
or activity is located: Provided, That
the foregoing provisions of this paragraph (1) shall not apply to the sale or
delivery of a rifle or shotgun (curio or
relic, in the case of a licensed collector) to a resident of a State other
than the State in which the licensee’s
place of business or collection premises
is located if the requirements of
§ 478.96(c) are fully met, and (2) shall
not apply to the loan or rental of a
firearm to any person for temporary
use for lawful sporting purposes (see
§ 478.97).
(b) Sales or deliveries to underaged persons. A licensed importer, licensed
manufacturer, licensed dealer, or licensed collector shall not sell or deliver (1) any firearm or ammunition to
any individual who the importer, manufacturer, dealer, or collector knows or
has reasonable cause to believe is less
than 18 years of age, and, if the firearm, or ammunition, is other than a
shotgun or rifle, or ammunition for a
shotgun or rifle, to any individual who
the importer, manufacturer, dealer, or
collector knows or has reasonable
cause to believe is less than 21 years of
age, or (2) any firearm to any person in
any State where the purchase or possession by such person of such firearm
would be in violation of any State law
or any published ordinance applicable
at the place of sale, delivery, or other
disposition, unless the importer, manufacturer, dealer, or collector knows or
has reasonable cause to believe that
the purchase or possession would not
be in violation of such State law or
such published ordinance.
(c) Sales or deliveries to prohibited categories of persons. A licensed manufacturer, licensed importer, licensed dealer, or licensed collector shall not sell
or otherwise dispose of any firearm or
ammunition to any person knowing or
having reasonable cause to believe that
such person:
(1) Is, except as provided by § 478.143,
under indictment for, or, except as provided by § 478.144, has been convicted in
any court of a crime punishable by imprisonment for a term exceeding 1
year;
(2) Is a fugitive from justice;
(3) Is an unlawful user of or addicted
to any controlled substance (as defined

use at the time and place such activity
is held does not, unattended by other
circumstances, cause such club, association, or similar organization to be
engaged in the business of a dealer in
firearms or as engaging in firearms
transactions. Therefore, licensing and
recordkeeping requirements contained
in this part pertaining to firearms
transactions would not apply to this
temporary furnishing of firearms for
use on premises on which such an activity is conducted.
[T.D. ATF–415, 63 FR 58278, Oct. 29, 1998]

§ 478.98 Sales or deliveries of destructive devices and certain firearms.
The sale or delivery by a licensee of
any destructive device, machine gun,
short-barreled shotgun, or short-barreled rifle, to any person other than
another licensee who is licensed under
this part to deal in such device or firearm, is prohibited unless the person to
receive such device or firearm furnishes to the licensee a sworn statement setting forth
(a) The reasons why there is a reasonable necessity for such person to
purchase or otherwise acquire the device or weapon; and
(b) That such person’s receipt or possession of the device or weapon would
be consistent with public safety. Such
sworn statement shall be made on the
application to transfer and register the
firearm required by Part 479 of this
chapter. The sale or delivery of the device or weapon shall not be made until
the application for transfer is approved
by the Director and returned to the licensee (transferor) as provided in Part
479 of this chapter.
[T.D. ATF–270, 53 FR 10497, Mar. 31, 1988]

§ 478.99 Certain prohibited sales or deliveries.
(a) Interstate sales or deliveries. A licensed importer, licensed manufacturer, licensed dealer, or licensed collector shall not sell or deliver any firearm to any person not licensed under
this part and who the licensee knows
or has reasonable cause to believe does
not reside in (or if a corporation or
other business entity, does not maintain a place of business in) the State in
which the licensee’s place of business

90

VerDate May<04>2004

14:48 May 12, 2004

Jkt 203103

PO 00000

Frm 00090

Fmt 8010

Sfmt 8010

Y:\SGML\203103T.XXX

203103T

Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice
in section 102 of the Controlled Substance Act, 21 U.S.C. 802);
(4) Has been adjudicated as a mental
defective or has been committed to any
mental institution;
(5) Is an alien illegally or unlawfully
in the United States or, except as provided in § 478.32(f), is a nonimmigrant
alien: Provided, That the provisions of
this paragraph (c)(5) do not apply to
any nonimmigrant alien if that alien
is—
(i) Admitted to the United States for
lawful hunting or sporting purposes or
is in possession of a hunting license or
permit lawfully issued in the United
States;
(ii) An official representative of a
foreign government who is either accredited to the United States Government or the Government’s mission to
an international organization having
its headquarters in the United States
or en route to or from another country
to which that alien is accredited. This
exception only applies if the firearm or
ammunition is shipped, transported,
possessed, or received in the representative’s official capacity;
(iii) An official of a foreign government or a distinguished foreign visitor
who has been so designated by the Department of State. This exception only
applies if the firearm or ammunition is
shipped, transported, possessed, or received in the official’s or visitor’s official capacity, except if the visitor is a
private individual who does not have
an official capacity; or
(iv) A foreign law enforcement officer
of a friendly foreign government entering the United States on official law
enforcement business;
(6) Has been discharged from the
Armed Forces under dishonorable conditions;
(7) Who, having been a citizen of the
United States, has renounced citizenship;
(8) Is subject to a court order that restrains such person from harassing,
stalking, or threatening an intimate
partner of such person or child of such
intimate partner or person, or engaging in other conduct that would place
an intimate partner in reasonable fear
of bodily injury to the partner or child,
except that this paragraph shall only
apply to a court order that—

§ 478.99

(i) Was issued after a hearing of
which such person received actual notice, and at which such person had the
opportunity to participate; and
(ii)(A) Includes a finding that such
person represents a credible threat to
the physical safety of such intimate
partner or child; or
(B) By its terms explicitly prohibits
the use, attempted use, or threatened
use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury, or
(9) Has been convicted of a misdemeanor crime of domestic violence.
(d) Manufacture, importation, and sale
of armor piercing ammunition by licensed
importers and licensed manufacturers. A
licensed importer or licensed manufacturer shall not import or manufacture
armor piercing ammunition or sell or
deliver such ammunition, except:
(1) For use of the United States or
any department or agency thereof or
any State or any department, agency,
or political subdivision thereof;
(2) For the purpose of exportation; or
(3) For the purpose of testing or experimentation authorized by the Director under the provisions of § 478.149.
(e) Transfer of armor piercing ammunition by licensed dealers. A licensed dealer shall not willfully transfer armor
piercing ammunition: Provided, That
armor piercing ammunition received
and maintained by the licensed dealer
as business inventory prior to August
28, 1986, may be transferred to any department or agency of the United
States or any State or political subdivision thereof if a record of such ammunition is maintained in the form
and manner prescribed by § 478.125(c).
Any licensed dealer who violates this
paragraph is subject to license revocation. See subpart E of this part. For
purposes of this paragraph, the Director shall furnish each licensed dealer
information defining which projectiles
are considered armor piercing. Such information may not be all-inclusive for
purposes of the prohibition on manufacture, importation, or sale or delivery by a manufacturer or importer of

91

VerDate May<04>2004

14:48 May 12, 2004

Jkt 203103

PO 00000

Frm 00091

Fmt 8010

Sfmt 8010

Y:\SGML\203103T.XXX

203103T

§ 478.100

27 CFR Ch. II (4–1–04 Edition)

such ammunition or 18 U.S.C. 929 relating to criminal misuse of such ammunition.

§ 478.101

Record of transactions.

Every licensee shall maintain firearms and armor piercing ammunition
records in such form and manner as is
prescribed by subpart H of this part.

[T.D. ATF–270, 53 FR 10497, Mar. 31, 1988, as
amended by T.D. ATF–363, 60 FR 17454, Apr.
6, 1995; T.D. ATF–401, 63 FR 35523, June 30,
1998; T.D. ATF–471, 67 FR 5426, Feb. 5, 2002]

[T.D. ATF–270, 53 FR 10498, Mar. 31, 1988]

§ 478.102 Sales or deliveries of firearms on and after November 30,
1998.

§ 478.100 Conduct of business away
from licensed premises.
(a)(1) A licensee may conduct business temporarily at a gun show or
event as defined in paragraph (b) if the
gun show or event is located in the
same State specified on the license:
Provided, That such business shall not
be conducted from any motorized or
towed vehicle. The premises of the gun
show or event at which the licensee
conducts business shall be considered
part of the licensed premises. Accordingly, no separate fee or license is required for the gun show or event locations. However, licensees shall comply
with the provisions of § 478.91 relating
to posting of licenses (or a copy thereof) while conducting business at the
gun show or event.
(2) A licensed importer, manufacturer, or dealer may engage in the
business of dealing in curio or relic
firearms with another licensee at any
location.
(b) A gun show or an event is a function sponsored by any national, State,
or local organization, devoted to the
collection, competitive use, or other
sporting use of firearms, or an organization or association that sponsors
functions devoted to the collection,
competitive use, or other sporting use
of firearms in the community.
(c) Licensees conducting business at
locations other than the premises specified on their license under the provisions of paragraph (a) of this section
shall maintain firearms records in the
form and manner prescribed by subpart
H of this part. In addition, records of
firearms transactions conducted at
such locations shall include the location of the sale or other disposition, be
entered in the acquisition and disposition records of the licensee, and retained on the premises specified on the
license.

(a) Background check. Except as provided in paragraph (d) of this section, a
licensed importer, licensed manufacturer, or licensed dealer (the licensee)
shall not sell, deliver, or transfer a
firearm to any other person who is not
licensed under this part unless the licensee meets the following requirements:
(1) Before the completion of the
transfer, the licensee has contacted
NICS;
(2)(i) NICS informs the licensee that
it has no information that receipt of
the firearm by the transferee would be
in violation of Federal or State law and
provides the licensee with a unique
identification number; or
(ii) Three business days (meaning
days on which State offices are open)
have elapsed from the date the licensee
contacted NICS and NICS has not notified the licensee that receipt of the
firearm by the transferee would be in
violation of law; and
(3) The licensee verifies the identity
of the transferee by examining the
identification document presented in
accordance with the provisions of
§ 478.124(c).
Example for paragraph (a). A licensee contacts NICS on Thursday, and gets a ‘‘delayed’’
response. The licensee does not get a further
response from NICS. If State offices are not
open on Saturday and Sunday, 3 business
days would have elapsed on the following
Tuesday. The licensee may transfer the firearm on the next day, Wednesday.

(b) Transaction number. In any transaction for which a licensee receives a
transaction number from NICS (which
shall include either a NICS transaction
number or, in States where the State is
recognized as a point of contact for
NICS checks, a State transaction number), such number shall be recorded on
a firearms transaction record, Form
4473, which shall be retained in the

[T.D. ATF–270, 53 FR 10498, Mar. 31, 1988, as
amended by T.D. ATF–401, 63 FR 35523, June
30, 1998]

92

VerDate May<04>2004

14:48 May 12, 2004

Jkt 203103

PO 00000

Frm 00092

Fmt 8010

Sfmt 8010

Y:\SGML\203103T.XXX

203103T