27 CFR 478.134 Sale of Firearms to Law Enforcement Officers

Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice
§ 478.132

provided there is a proper delegation of
authority.
(c) Licensees are not required to prepare a Form 4473 or Form 5300.35 covering sales of firearm made in accordance with paragraph (a) of this section
to law enforcement officers for official
use. However, disposition to the officer
must be entered into the licensee’s permanent records, and the certification
letter must be retained in the licensee’s files.

[Reserved]

§ 478.133 Records of transactions in
semiautomatic assault weapons.
The evidence specified in § 478.40(c),
relating to transactions in semiautomatic assault weapons, shall be retained in the permanent records of the
manufacturer or dealer and in the
records of the licensee to whom the
weapons are transferred.
(Approved by the Office of Management and
Budget under control number 1140–0041)

[T.D. ATF–401, 63 FR 35523, June 30, 1998]

[T.D. ATF–363, 60 FR 17455, Apr. 6, 1995, as
amended by ATF–11F, 73 FR 57242, Oct. 2,
2008]

kpayne on VMOFRWIN702 with $$_JOB

§ 478.141

Subpart I—Exemptions, Seizures,
and Forfeitures

§ 478.134 Sale of firearms to law enforcement officers.

§ 478.141

(a) Law enforcement officers purchasing firearms for official use who
provide the licensee with a certification on agency letterhead, signed by
a person in authority within the agency (other than the officer purchasing
the firearm), stating that the officer
will use the firearm in official duties
and that a records check reveals that
the purchasing officer has no convictions for misdemeanor crimes of domestic violence are not required to
complete Form 4473 or Form 5300.35.
The law enforcement officer purchasing the firearm may purchase a
firearm from a licensee in another
State, regardless of where the officer
resides or where the agency is located.
(b)(1) The following individuals are
considered to have sufficient authority
to certify that law enforcement officers purchasing firearms will use the
firearms in the performance of official
duties:
(i) In a city or county police department, the director of public safety or
the chief or commissioner of police.
(ii) In a sheriff’s office, the sheriff.
(iii) In a State police or highway patrol department, the superintendent or
the supervisor in charge of the office to
which the State officer or employee is
assigned.
(iv) In Federal law enforcement offices, the supervisor in charge of the office to which the Federal officer or employee is assigned.
(2) An individual signing on behalf of
the person in authority is acceptable,

With the exception of §§ 478.32(a)(9)
and (d)(9) and 478.99(c)(9), the provisions of this part shall not apply with
respect to:
(a) The transportation, shipment, receipt, possession, or importation of any
firearm or ammunition imported for,
sold or shipped to, or issued for the use
of, the United States or any department or agency thereof or any State or
any department, agency, or political
subdivision thereof.
(b) The shipment or receipt of firearms or ammunition when sold or
issued by the Secretary of the Army
pursuant to section 4308 of Title 10,
U.S.C., and the transportation of any
such firearm or ammunition carried
out to enable a person, who lawfully received such firearm or ammunition
from the Secretary of the Army, to engage in military training or in competitions.
(c) The shipment, unless otherwise
prohibited by the Act or any other Federal law, by a licensed importer, licensed manufacturer, or licensed dealer to a member of the U.S. Armed
Forces on active duty outside the
United States or to clubs, recognized
by the Department of Defense, whose
entire membership is composed of such
members of the U.S. Armed Forces, and
such members or clubs may receive a
firearm or ammunition determined by
the Director to be generally recognized
as particularly suitable for sporting
purposes and intended for the personal
use of such member or club. Before

General.

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