CFR-2024-title27-vol3-sec479-85

sfrattini on LAPCK6H6L3 with DISTILLER

Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice
(8) A description of the firearm to be
transferred by name and address of the
manufacturer or importer (if known);
caliber, gauge, or size; model; serial
number; in the case of a short-barreled
shotgun or a short-barreled rifle, the
length of the barrel; in the case of a
weapon made from a rifle or shotgun,
the overall length of the weapon and
the length of the barrel; and any other
identifying marks on the firearm. In
the event the firearm does not bear a
serial number, the applicant shall obtain a serial number from ATF and
shall stamp (impress) or otherwise conspicuously place such serial number on
the firearm in a manner not susceptible of being readily obliterated, altered, or removed.
(9) If the transferee (including, if
other than an individual, any responsible person) is an alien admitted under
a nonimmigrant visa, applicable documentation demonstrating that the nonimmigrant alien falls within an exception to 18 U.S.C. 922(g)(5)(B) under 18
U.S.C. 922(y)(2), or has obtained a waiver of that provision under 18 U.S.C.
922(y)(3).
(c) Notification of chief law enforcement
officer. Prior to the submission of the
application to the Director, all transferees and responsible persons shall forward a completed copy of Form 4 or a
completed copy of Form 5320.23, respectively, to the chief law enforcement officer of the locality in which the transferee or responsible person is located.
The chief law enforcement officer is
the local chief of police, county sheriff,
head of the State police, State or local
district attorney or prosecutor. If the
transferee is not a licensed manufacturer, importer, or dealer qualified
under this part and is a partnership,
company, association, or corporation,
for purposes of this section, it is considered located at its principal office or
principal place of business; if the transferee is not a licensed manufacturer,
importer, or dealer qualified under this
part and is a trust, for purposes of this
section, it is considered located at the
primary location at which the firearm
will be maintained.
(d) Approval of Form 4. If the application is approved, the Director will affix
a National Firearms Act stamp to the
original application in the space pro-

§ 479.85

vided therefor and properly cancel the
stamp (see § 479.87). The approved application will then be returned to the
transferor.
[ATF–41F, 81 FR 2722, Jan. 15, 2016]

§ 479.85

Identification of transferee.

(a) If the transferee is an individual,
such person shall:
(1) Securely attach to each copy of
the Form 4, in the space provided on
the form, a 2 x 2-inch photograph of the
applicant, clearly showing a full front
view of the features of the applicant
with head bare, with the distance from
the top of the head to the point of the
chin approximately 11⁄4 inches, and
which shall have been taken within 1
year prior to the date of the application; and
(2) Attach to the application two
properly completed FBI Forms FD–258
(Fingerprint Card). The fingerprints
must be clear for accurate classification and should be taken by someone
properly equipped to take them.
(b) If the transferee is not a licensed
manufacturer, importer, or dealer
qualified under this part and is a partnership, company, association, trust,
or corporation, such person shall:
(1) Be identified on the Form 4 by the
name and exact location of the place of
business, including the name and number of the building and street, and the
name of the county in which the business is located or, in the case of a
trust, the primary location at which
the firearm will be maintained. In the
case of two or more locations, the address shown shall be the principal place
of business (or principal office, in the
case of a corporation) or, in the case of
a trust, the primary location at which
the firearm will be maintained;
(2) Except as provided in paragraph
(c) of this section, attach to the application—
(i) Documentation evidencing the existence and validity of the entity,
which
includes
complete
and
unredacted copies of partnership agreements, articles of incorporation, corporate registration, and declarations of
trust, with any trust schedules, attachments, exhibits, and enclosures;
(ii) A completed ATF Form 5320.23 for
each responsible person. Form 5320.23

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sfrattini on LAPCK6H6L3 with DISTILLER

§ 479.86

27 CFR Ch. II (4–1–23 Edition)

requires certain identifying information, including the responsible person’s
full name, position, home address, date
of birth, and country of citizenship if
other than the United States;
(iii) In the space provided on Form
5320.23, a 2 x 2-inch photograph of each
responsible person, clearly showing a
full front view of the features of the responsible person with head bare, with
the distance from the top of the head
to the point of the chin approximately
11⁄4 inches, and which shall have been
taken within 1 year prior to the date of
the application; and
(iv) Two properly completed FBI
Forms FD–258 (Fingerprint Card) for
each responsible person. The fingerprints must be clear for accurate classification and should be taken by someone properly equipped to take them.
(c) If the applicant entity has had an
application approved as a maker or
transferee within the preceding 24
months, and there has been no change
to the documentation previously provided, the entity may provide a certification that the information has not
been changed since the prior approval
and shall identify the application for
which the documentation had been submitted by form number, serial number,
and date approved.

transferee, and shall make the approved Form 4 (Firearms) available to
any ATF officer on request. If the application, Form 4 (Firearms), to transfer a firearm is disapproved by the Director, the original application and the
remittance for purchase of the stamp
will be returned to the transferor with
reasons for the disapproval stated on
the application. An application, Form 4
(Firearms), to transfer a firearm shall
be denied if the transfer, receipt, or
possession of a firearm would place the
transferee in violation of law. In addition to any other records checks that
may be conducted to determine whether the transfer, receipt, or possession of
a firearm would place the transferee in
violation of law, the Director shall contact the National Instant Criminal
Background Check System.

[ATF–41F, 81 FR 2722, Jan. 15, 2016]

§ 479.88 Special (occupational) taxpayers.
(a) A firearm registered to a person
qualified under this part to engage in
business as an importer, manufacturer,
or dealer may be transferred by that
person without payment of the transfer
tax to any other person qualified under
this part to manufacture, import, or
deal in firearms.
(b) The exemption provided in paragraph (a) of this section shall be obtained by the transferor of the firearm
filing with the Director an application,
Form 3 (Firearms), Application for
Tax-exempt Transfer of Firearm and
Registration to Special (Occupational)
Taxpayer, in duplicate, executed under
the penalties of perjury. The application, Form 3 (Firearms), shall (1) show
the name and address of the transferor
and of the transferee, (2) identify the
Federal firearms license and special
(occupational) tax stamp of the transferor and of the transferee, (3) show the
name and address of the manufacturer

§ 479.86 Action on application.
The Director will consider a completed and properly executed application, Form 4 (Firearms), to transfer a
firearm. If the application is approved,
the Director will affix the appropriate
National Firearms Act stamp, cancel
it, and return the original application
showing approval to the transferor who
may then transfer the firearm to the
transferee along with the approved application. The approval of an application, Form 4 (Firearms), by the Director will effectuate registration of the
firearm to the transferee. The transferee shall not take possession of a firearm until the application, Form 4
(Firearms), for the transfer filed by the
transferor has been approved by the Director and registration of the firearm
is effectuated to the transferee. The
transferee shall retain the approved application as proof that the firearm described therein is registered to the

[T.D. ATF–270, 53 FR 10509, Mar. 31, 1988, as
amended by T.D. ATF–415, 63 FR 58281, Oct.
29, 1998]

§ 479.87 Cancellation of stamp.
The method of cancellation of the
stamp required by this subpart as prescribed in § 479.67 shall be used.
EXEMPTIONS RELATING TO TRANSFERS
OF FIREARMS

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