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Posted: 11/13/2009 2:38:18 PM EDT
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I heard recently from a dealer that BATFE is now requiring a Form 4473 and background check for NFA items purchased through a trust, superseding guidance given in their 11/2008 FFL Newsletter:
Procedure after approval
Approved NFA transfers are exempt from the NICS background check. So, when the FFL arranges for the disposition of the NFA firearm to a representative of the corporation or other entity, only the ATF Form 4473, Firearms Transaction Record, must be completed by the representative of the corporation or other entity. Has anyone else heard about this change? Also, I've been looking for a copy of the latest version of the 4473 and can't find one more recent than 10/2001. It looks like BATFE is no longer posting a PDF version on their site, as they are trying to move dealers toward electronic record-keeping (and a software package that won't allow access to a blank form without FFL credentials). Does anyone have a scan of the latest 4473? Has the language in "INSTRUCTIONS TO TRANSFEROR > 7. EXCEPTIONS TO NICS CHECK" been updated? 7. EXCEPTIONS TO NICS CHECK: A NICS check is not required if the transfer qualifies for any of the alternatives in 27 CFR § 178.102(d). Generally these include: (a) transfers where the buyer has presented the licensee with a permit or license that allows the buyer to possess, acquire, or carry a firearm, and the permit has been recognized by ATF as a valid alternative to the NICS check requirement; (b) transfers of National Firearms Act weapons approved by ATF; or (c) transfers certified by ATF as exempt because compliance with the NICS check requirements is impracticable. See section 178.102(d) for a detailed explanation. If the transfer qualifies for one of these exceptions, the licensee must obtain the supporting documentation required by 27 CFR § 178.131. A firearm must not be transferred to any buyer who fails to provide such documentation.
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My Class III dealer called me a couple of weeks ago saying my Form4 arrived and I should pick up my suppressor. We filled out the 4473 and he called it in. Took all of 5 minutes and I walked out with my suppressor. Funny, I don't remember filling out a 4473 a couple years ago when I got my last suppressor before this one.
MadDog 
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Quoted:
Has anyone else heard about this change? Yeah, we were informed a while back. Also, I've been looking for a copy of the latest version of the 4473 and can't find one more recent than 10/2001. It looks like BATFE is no longer posting a PDF version on their site, as they are trying to move dealers toward electronic record-keeping (and a software package that won't allow access to a blank form without FFL credentials).
Huh? It's on the same page as the rest of the ATF firearm-related forms. http://www.atf.gov/forms/5000.htm#firearms http://www.atf.gov/forms/pdfs/f4473.pdf |
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Quoted:
Huh? It's on the same page as the rest of the ATF firearm-related forms. http://www.atf.gov/forms/5000.htm#firearms http://www.atf.gov/forms/pdfs/f4473.pdf Thanks! I was looking on this page which doesn't have the PDF, just the e-filling program: http://www.atf.gov/forms/index.htm Much appreciated! 
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Quoted: I heard recently from a dealer that BATFE is now requiring a Form 4473 and background check for NFA items purchased through a trust, superseding guidance given in their 11/2008 FFL Newsletter: Procedure after approval Approved NFA transfers are exempt from the NICS background check. So, when the FFL arranges for the disposition of the NFA firearm to a representative of the corporation or other entity, only the ATF Form 4473, Firearms Transaction Record, must be completed by the representative of the corporation or other entity. Has anyone else heard about this change? Such a change would require Congress to change the law as the NFA exemption is written into the Brady Bill/Law: 922 (s) (1): (E) the Attorney General has approved the transfer under section 5812 of the Internal Revenue Code of 1986. Here is the CFR 478.102: (d) Exceptions to NICS check. The provisions of paragraph (a) of this section shall not apply if— ... (2) The firearm is subject to the provisions of the National Firearms Act and has been approved for transfer under 27 CFR part 479; So let us see: 1) The law says no. 2) The CFR says no. 3) The 4473 says no. 4) The FFL Newsletter says no. 5) Undocumented Internet rumor says yes. I am not surprised.  |
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Quoted:
Such a change would require Congress to change the law as the NFA exemption is written into the Brady Bill/Law: 922 (s) (1): (E) the Attorney General has approved the transfer under section 5812 of the Internal Revenue Code of 1986. Here is the CFR 478.102: (d) Exceptions to NICS check. The provisions of paragraph (a) of this section shall not apply if—
...
(2) The firearm is subject to the provisions of the National Firearms Act and has been approved for transfer under 27 CFR part 479; So let us see:
1) The law says no. 2) The CFR says no.
3) The 4473 says no.
4) The FFL Newsletter says no.
5) Undocumented Internet rumor says yes.
I am not surprised.
RenegadeX, I agree with all of the legal details you posted. I am not trying to spread internet rumors or fearmongering; I am recounting what I was told by an FFL regarding a transaction I have pending with him. I don't want to start an argument with someone that I'm in the middle of a business transaction with, so I thought that this would be an appropriate forum to research the topic further. |
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Quoted: RenegadeX, I agree with all of the legal details you posted. I am not trying to spread internet rumors or fearmongering; I am recounting what I was told by an FFL regarding a transaction I have pending with him. I don't want to start an argument with someone that I'm in the middle of a business transaction with, so I thought that this would be an appropriate forum to research the topic further. I understand. And maybe someday it will be required, but not yet. |
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Quoted: Quoted: My FFL told me no 4473 was needed. Is this right or not? A 4473 IS NEEDED. Dear God, that dealer is putting himself into some major peril. No background check is needed for NFA transfers, but the 4473 is DEFINITELY needed. Mike maybe thats what he was talking about, I was too busy fondling my new can to pay attention to him, unfortunately that can has to sit with him for a while. |
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