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FFL Transfer // Broker Services

The FFL Firearms Transfer Process ...

A Federal Firearms License (FFL) is a license issued by the United States Government allowing an individual or a company to engage the manufacture, importation or sale of firearms, and has been a legal requirement within the United States since the enactment of the Gun Control Act of 1968.

Contrary to what we see irresponsibly broadcast in the media by uninformed politicians and ultraconservative talking heads, firearms cannot simply be ordered online and shipped to your house like a pair of shoes from Amazon. There is always an FFL involved in an online transaction, these transfers are completely documented, detailing the firearm and the parties involved. Listed below are the different types of firearms transfers and steps involved with each.

Online Purchase (Licensed-FFL)

With this type of transaction there usually are two FFLs involved, called a dealer to dealer or FFL to FFL transfer. Here's how it works:

  • The purchaser locates a local FFL to receive the firearm, the receiving and shipping FFLs will exchange licenses, paper of electronically..
  • The selling FFL will verify the status of the FFL though ATFs FFL EZ Check system.
  • The selling FFL will document the transaction in their "Acquisition and Deposition" or A&D book, detailing the FFL number, company name and address then ship the firearm to the receiving FFL.
  • Once received the receiving FFL will document the firearm in their "Acquisition and Disposition" or A&D book, noting the details of the firearm, type, caliber, serial number, shippers name and address and the name and address of the purchaser.
  • The receiving FFL will have the purchaser complete a ATF 4473 "Firearms Transaction Record Part 1 - Over-The-Counter" form, again listing the firearm details, serial number, caliber, etc...
  • The receiving FFL will run a National Instant Background Check (NICS) on the purchaser, the ATF will respond with a "Proceed, Denied or Delayed" action, and note the ATF agents name and transaction number on the form and in the A&D book.
  • A "Denied or Delayed" response requires the FFL to retain the firearm and wait for further instructions.

Face to Face Purchase (Licensed-FFL)

Usually takes place in a brick and mortar gun store or gun show, where a walk-in customer purchases a firearm and take possession, there is no shipping involved.

  • The selling FFL will have the purchaser complete a ATF 4473 "Firearms Transaction Record Part 1 - Over-The-Counter" form, again listing the firearm details, serial number, caliber, etc...
  • The selling FFL will run a National Instant Background Check (NICS) on the purchaser, the ATF will respond with a "Proceed, Denied or Delayed" action, and note the ATF agents name and transaction number on the form and in the A&D book.
  • If the response is "Proceed" the transaction is complete.
  • A "Denied or Delayed" response requires the FFL to retain the firearm and wait for further instructions.

Class 3 NFA Regulated Device, Purchase and Transfer (Licensed-FFL/SOT)

Only class 3 dealers, holding Special Occupational Taxpayer (SOT) licenses can facilitate a class 3 transaction or transfer. Below are the steps to purchase a class 3 device:

  • Decide on the manufacturer and configuration you want to buy.
  • Locate a Class 3 FFL dealer in your area.
  • The selling and receiving FFLs will exchange license information.
  • The selling dealer will file the 5320.3 "Form 3 - Dealer to Dealer Transfer" with the ATF, once approved they will ship the item to the receiving FFL.
  • When your class 3 dealer receives the item, they will contact you and complete the 5320.4 "Form 4 - Application for Transfer and Registration" Click here for information on gun trusts and corporation transfers.
  • When the application is complete, it is mailed or electronically filed with the ATF along with your one time tax stamp fee of 200.00.
  • Now comes the tough part ... patiently waiting for the call from your dealer that they have received the approved Form 4. Wait times can vary, from 2 to 6 months.
  • Head to your dealer and pick up your item! Make sure you get a the original Form 4 with the tax stamp from your dealer.
  • Make a couple copies of your approved Form 4, put the original in the safe and keep a copy with the SBS at all times.

Online Selling (Non-Licensed)

Non-licensed individuals are allowed to sell personal firearms online through auction websites like Gunbroker.com, but they must ship it to an FFL for documentation and background checks, here are the steps:

  • The receiving FFL will document the firearm in the "Acquisition and Disposition" or A&D book, noting the details of the firearm, type, caliber, serial number, shippers name and address and the name and address of the purchaser.
  • The receiving FFL will then have the purchaser complete a ATF 4473 "Firearms Transaction Record Part 1 - Over-The-Counter" form, again listing the firearm details, serial number, caliber, etc...
  • The receiving FFL will run a National Instant Background Check (NICS) on the purchaser, the ATF will respond with a "Proceed, Denied or Delayed" action, and note the ATF agents name and transaction number on the form and in the A&D book.
  • A "Denied or Delayed" response requires the FFL to retain the firearm and wait for further instructions.

Straw Purchases

Buying a gun for someone who is prohibited by law from possessing one or for someone who does not want his or her name associated with the transaction is a "Straw Purchase"

  • An illegal firearm purchase (straw purchase) is a federal crime.
  • An illegal firearm purchase can bring a felony conviction sentence of ten years in jail and a fine of up to $250,000.
  • Buying a gun for someone who can't can cost you your good name and land you in big trouble.
Never buy a gun for someone who is unwilling or unable to do so. Click here for more information on national campaign to prevent the illegal straw purchase of firearms.

ATF Firearms Forms and Links

The ATF uses a specific group of forms to handle firearms transactions, the most common forms are listed below, click on the form to get more information and PDF files from the ATF website:

ATF eForms allows individuals and members of the firearms industry to file certain forms electronically rather than via paper applications.  The electronic filing is designed to be more efficient and accurate and will allow ATF to process the submissions more efficiently.  The forms that can be filed relate to the importation of firearms, ammunition and implements of war; transactions with National Firearms Act (NFA) firearms; and the annual firearms manufacturing report.

 

Questions or Comments ...
 

 

 

All face to face firearms transfers are completed on ATF form 4473, background checks are ran through the FBI's NICS system and must be approved before possession.

 

All transferring FFL's are verified through the ATF's FFL ezcheck system before shipping.