a. FIREARM. Theterm "firearm" mam: (I) a shotgun having a barrel or barrels of taw than 18 inches in length; (2) a weapon made from a ahotgun H such weapon a* modified has an ovetel length of lew then 20 Inches or a barrel or barrels of less then 18 inch** in length; (31 a rifle having a barrel or barret* of lete than 1ft inches in length; (4) a weapon made from a rifle If such weapon aa modified ha* an overall length of less then 2V inches or e barrel or barrels of leas than 16 inches in length; (51 any other weapon, at defined in b. below; 181 • machinegun; (7) a muffin or a rtwicei for any firearm whether or not such firearm is included within this definition; and 181 a destructive device. The term "firearm" shall not include an antique firearm or any device (other than a machtoegun or destructive device) which, afthou^ designed as a weaoon. the Director, Bureau of Alcohol, Tobacco end Firearms, or authorised delegate, finds by reason of the date of rtt manufacture, value, design end other characteristics it primarily a collector's item and is not likely to be used as a weapon, t>, ANY OTHER WEAPON. The term any other weapon" means any weapon or device capable of being concealed on the person end from which a shot can be diecherged throuQh the energy of an explosive; • pistol or revolver having a barrel with a smooth bore designed or redesigned to Area fined shotgun she«; weapone with combinetlon shotgun and rifle barrels 12 Inches or more, lesa than 18 inches in length, from which only e single discharge can be made fiom either barrel without manual reload«« and *a* include any such weapon may be readily restored to fire. Such term shall not include a pistol or a revolver having a rifled bore, or rifled bores, ot weapons designed, made, or intended to be fff*d torn the shoulder and nol capable of firing fixed ammunition.

c. TRANSFEROR. The term "transferor" meant the registered owner of e Firearm who it applying to transfer it.

e. PERSON. The term "person" meens any ¡ndMdual. company, cm-poretion. association, firm, partnership, joint stock company, trust or society other than e special (occupational) taxpayer Qualified to deal in NFA firearms.

a. Reference ffSSII and S812, National Firearms Act, United States Code, Chapter S3), persons seeking to transfer e firearm lax paid must complete, hduptcate. a separate appfcation on this form for each firearm. The appCcant transferor must famish a* (he information celled tor on this application form.

b. If the transferor of a destructive device, mechinegun. ahortbarreled ahotgun or short barreled rifle Is a fcansae under 18 U.S.C.. Chapter 44. and the transferee it anyone other than a Qualified licensee under the National Firearms Act [special (occupational) ta«peyer|. the trensferee must complete item 2 (Applicant Certification) on the reverse side of ATF Form 4 15320.41 Item 3 (Lew Enforcement Certification) must be completed for the transfer of any NFA firearm to an individual other than a special I occupational! taxpayer.

c. If the transferee is an individual. Including a collector licensed under 18 U.S.C., Chapter 44, in addition to satisfying the requirements of 2b. above, a recent 2" a 2" photogreph must be affixed in item 1 on the reverse of ATF Form 4 (5320.41 and completed FBI Form FD-2S8. Fingerprint Card, must be submitted in duplicate. The fingerprint* should be taken by a person qualified to do so, end must be clear, unemudgedand deetifiable.

d. Al signatures required on this form mutt be enteied in ink on both copies. Photocopies or other facsimile signatures are not acceptable. It It preferred that the form be prepered by the use of a typewriter, using carbon paper to make an exact duplicate. Pen end ink may be used, but under no circumstances wW a form filled in by use of a lead pencil be accepted. All change* mede on this form must be irutieled and dated.

e. If the transferee is acquiring the firearm as other than an individual, the trade name and business address should be shown in item 2 on the lace of ATF Form 4 (S320.4). Fireerms may not be acquired es a pert of the businete inventory of a firearms licensee vrf>o Is not a special (occu pationet) taxpayer. In such caee. the home address of the transferee should be shown, f. If the fireerm is being transferred from an eetele. item 3a tftouldshow the transferor es: Executor's neme, title (Executor (or executrix, administrator. administratrix! of the Estate of Inemell. and the executor's address Item3c. should reflect the last address of the decedent and date g. If any questions eriae concerning the preparation of this form, pleese contact the NFA Branch. Bureau of Alcohol, Tobacco and Flieatme, Washington. DC 20226 or the nearest Alcohol. Tobacco and Fkearmt office.

3. DISPOSITION OF APPLICATION FOR TRANSFER AND REQI8TRATION OF FIREARM, The transferor w« forwerd both copiee of the form to the National Firearm* Act Sreneh. Bureau of Alcohol. Tobacco and Firearms, P.O Box 73201 Chicago. IL 80873-7201, Thie office w* depoeit the tax and forward the epplicatlon to the Bureau of Alcohol. Tobecco and Fireerms. National Firearms Act Branch, Washington. DC 20226 lot proce*sing. If approved, the original of the approved form win be returned to the tranaferor foi delivery to the transferee with the firearm, and this office win retain the duplleete. Approval of this form wM effect registration of the fireerm to the transferee. The trensferor aheH not under any dicumstancas deliver the fireerm to the transferee until the appioved form is received This form must be retained by the trensferee end be eveOabie for inspection by Government officers until euch time as the fireerm may later be trane-lerred after approve) by this office. |1f the eppGcation is ¿«approved, the original with any accompanying check or money order, will be returned to the tianeferor with the reason for disapproval.!

4. APPROVED TRANSFER NOT PHYSICALLY ACCOMPLISHED The trensferor should mark the front of the form "VOID." sign end date the form and return the voided form to the Director. This wM assure that the firearm will remain registered in the name of the transferor who submitted the application. Upon receipt of the voided form, instructions for obtaining a tax refund wM be provided.

I. LATER TRANSFERS OF THE FIREARM. H the firearm it to be transferred later by the new owner, a new application form covering the proposed transfer must be filed with the Director,

This is the BATF Form 4, which covers transfer of an existing silencer between two parties. It must be completed in duplicate and submitted to the BATF along with two fingerprint cards and a $200 check. (Courtesy of BATF)


(. RATE OF TAX ON THE TRANSFER OF A FIREARM. The tax on the transfer ol • fireerm it 1200, except (hat the transfer tax >t 15 on any fireerm desslfied at "any othsr weepon" as defined In inaiwctton 1 b.

7. PERSONS PROHIBITED FROM RECEIVING FIREARMS. (Jndar 16 U.S C., Chapter 44 and Title VII of PuMe Law »351. at emended, 118 U.S.C.. Appendkl. the Mowing persons ara proNMedfrom receiving a fireerm. indudtag an unaarvicaabto freerm which has a frame or receiver: (Il fugitive* from justice (any crime): (2) persons under indictment for. or who have been convicted of. a crime punishable by imprisonment, fer a term exceeding t year; (31 riarcotic addicts or unlawful drug users: 141 persons adjudicated mental defectives or mernaHy incompetent, or has« been committed to eny mental institution; 151 veterans dis-cherged under dWwnor stile conditions; (6) person« who have renounced their United States cMnnship: 17) siens itegety or unlawful In the United State*, and (01 where the transferor Is a firearms licensee, persons under 21 yea's of so* in the case of any firearm other thane shotgun or a rifle and under IB yeers of ege In the case of a shotgun or a rifle. In addition, section SBI2 of the National Fireermt Act requires that an eppBcation to transfer e firearm be denied if the transfer, receipt or po**a*»ion of the firearm wouW piece tfie transferee in violation of lew. The term "law" in this dilute includes Federal lew* e* we« e* State «tetute* and local ordinance* wpHceble to (he locaftty where the transferee reside*.

». INQUIRIES ABOUT STATUS OF A TRANSFER APPLICATION. The trensfer ipplicetion form wi> be reviewed and returned to the transferor promptly H additional information or correction* sre requited. However, beceuse of the neceesity for an FBI record check on en individual transferee'* fingerprint*, approximate^ 60 day* must be allowed for p»oce*sing such applications Under the provision* of Section 61031*1, TMt 26. United State* Cod*, disclosurs of any "return" or "return information" i* generally prohibited to anyone except the person filing the return. Therefore, information about the statu* of a transfer application may be given only to the transferor. Such information cannot be divulged to the trensferee.

9. PENALTIES. Any person wtto violates or fails to comply with sny of the requirements of the Nstionel Firearm* Act shs*. upon conviction, be fined not more than ♦10,000 or be Imprisoned for not more then 10 years, or both, in the discretion of the court. Moreover, sny firearm involved in any violetio of the provisions of the National Firearms Act or any regulation* issued thereunder (hell be «object to aeirure end forfeiture. It i* urdewfut for eny person to meke or cause the making of a f else entry on eny apptcation or record lequired by the National Firearms Act knowing such entry to be false.

NOTE: Al provision* of TM* I of the Gun Control Act must el*o be com plied with. Including the recordkeeping requirements for license* and retention of ATF Form 4473 (5300.91 by flcen*ee« for ¿¡«position* to nonNcen*ees.

SPECIAL NOTE: A direct interstate transfer will be approved only to a licensee who Is also a speciel (occupational) taxpayer qualified to deal in the particular type NFA firearm: or a government entity; or e lewful heir; or. in the case of a fireerm which has been designated aa a "curie or relic." to a Hcenied colactor.

Was this article helpful?

0 0

Post a comment