ATF Releases New Procedures on Certain Retail and Private Transactions

NRA 1911 Officers
The NRA-ILA reports on new changes from the BATFE on certain retail and private-to-private firearm transfers. IMG NRA-ILA

U.S.A. -(AmmoLand.com)- Early this month, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) released two new procedure documents.

The first, ATF Procedure 2020-1, Recordkeeping procedure for non-over-the-counter firearm sales by licensees to unlicensed in-state residents that are NICS exempt (Sept. 3, 2020), provides directions to licensed importers, manufacturers, and dealers (FFLs) on the correct process for the parties to the transaction to take in completing ATF Form 4473 when the transaction involves a sale or transfer to an unlicensed person, resident in the same state as the FFL, who does not appear in person at the FFL’s business premises.

Federal law, 18 U.S.C. 922(t)(3), authorizes sales and transfers without a NICS background check to persons with a valid “NICS-exempt” permit or license (a firearm subject to the National Firearms Act that has been approved for transfer is also exempted). A separate federal law, 18 U.S.C. 922(c), allows an FFL to sell a firearm to an unlicensed person who does not appear in person in limited circumstances, generally involving a sworn statement in the prescribed form, notification to the chief law enforcement officer of the locality where the person resides, and a wait time of at least a week. The statement must contain blank spaces to attach a true copy of any permit or license.

Procedure 2020-1 allows an FFL to conduct and record a sale of a firearm to a resident of the same state who does not appear in person at the FFL’s business premises provided that the transfer is exempt from the NICS background check requirements and the procedures outlined in the document are followed by the seller-transferor, the buyer-transferee, and the FFL.

The new Procedure 2020-1 supersedes ATF Procedure 2013-2.

The second new document, ATF Proc. 2020-2, Recordkeeping and Background Check Procedure for Facilitation of Private Party Firearms Transfers (Sept. 2, 2020), gives directions on the recordkeeping and NICS procedures for FFLs who facilitate or broker the transfer of firearms between private, unlicensed individuals. Some states’ laws mandate that all firearm transactions between non-FFLs be made through an FFL; otherwise, because unlicensed persons do not have access to the NICS to conduct a background check, some private sellers may choose to make a private sale using an FFL. ATF has previously issued guidance documents on the role of the FFL in these transactions, and this procedure supersedes the latest of those, ATF Procedure 2017-1.

ATF Process 2020-2 establishes the new procedures that apply when a private party transferor (seller) takes a firearm to an FFL with the prospective transferee/buyer to conduct a sale or transfer.

One of the questions that prior guidance documents left open were the responsibility of an FFL when the private party seller left the firearm in the exclusive possession of the FFL at the FFL’s business premises while the NICS background check on the buyer/transferee was pending. If the buyer/transferee failed the NICS check, the FFL was directed to conduct a NICS background

check on the private party seller before he or she could retake possession of the firearm. If the seller also failed the NICS check, the FFL was prohibited from returning the gun.

This version fails to clarify the FFL’s responsibility in such cases. It simply directs the FFL to conduct a “NICS background check on the private party seller, and receive either a ‘proceed’ response or no response after three business days (or appropriate State waiting period), prior to returning the firearm.”

This procedure does not apply to pawn transactions, consignment sales, or repairs.

Earlier this year, the ATF released an industry letter on firearm sales and deliveries exterior to the brick-and-mortar structure at which a firearms business is licensed (drive-up or walk-up access), for the purposes of accommodating pandemic-related distancing and restricted contact directives. That document is available here.


National Rifle Association Institute For Legislative Action (NRA-ILA)

About NRA-ILA:

Established in 1975, the Institute for Legislative Action (ILA) is the “lobbying” arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution. Visit: www.nra.org

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Stag
Stag
2 days ago

Just more unconstitutional bullshit from a unconstitutional agency.

TEEBONE
TEEBONE
4 days ago

That’s all in Chinese. ‘Care to explain it in English?

RepealNFA
RepealNFA
4 days ago

An FFL should absolutely never log a firearm into their book when the FFL is not the actual seller, as in the cases of consignment, pawn, and repairs. Thus, they should never conduct a nics check on the seller in any circumstance. I expect some paranoid FFLs to go out of their way to disagree with this, but right in this notice it admits that nics doesn’t apply to private sellers in pawn and consignment sales so COME ON. Recognize that some private party using an FFL merely for their nics privileges, is actually a type of consignment (holding for… Read more »

Last edited 4 days ago by RepealNFA
Chas
Chas
4 days ago

Tell me what it said in real Time English!
I don’t understand all the legalese mumbo jumbo back talk.
TY

musicman44mag
musicman44mag
4 days ago

I’m stunned by everything I am reading in the comments and arguments that are listed below. I am not fully informed about la peiirrie but I do know he backed bump stocks being removed and the direction of the NRA under his rule concerns me. I think that it is important to have more than one army trying to support our cause. We don’t have the Marines only, we have the Navy, Army, Air Force and Space Force to protect the U.S.A.. Right now the NRA is under fire. If for some reason we loose them, we need other organizations… Read more »

Last edited 4 days ago by musicman44mag
USMC0351Grunt
USMC0351Grunt
4 days ago
Reply to  musicman44mag

Just rename the NRA…. “ACORN”, being that name is no longer in use.

Patriot Solutions
Patriot Solutions
5 days ago

Does any evidence exist proving Nics prevents Antifa (ISIS) and BLM from getting guns and did they get their guns approved through Nics?

https://twitter.com/intheMatrixxx/status/1274381029365743616

Didn’t NRA support Nics and lie to it’s membership about supporting gun control that is being applied to disarm the country unconstitutionally even to this day at DOJ just like in previous administrations?

Like NRA’s backing of Red Flag CONFISCATION what type of gun control does NRA have planned for second term?

NRA is traitors!

Last edited 5 days ago by Patriot Solutions
Will
Will
5 days ago

The best thing the former NRA can do is stay out of our business! The Lapierre led NRA is enemy to the 2A and our constitutional freedoms!

Green Mtn. Boy
Green Mtn. Boy
5 days ago
Reply to  Will

This !

tetejaun
tetejaun
5 days ago
Reply to  Will

You are still a mindless shill for GOA and SAF, regurgitating their lies. If only you were as virulent against the Marxist BLM and anti-American politicians. WLP is a POS, no doubt, but you lie when you claim NRA sold America down the river. 1934 NFA, COWARDLY American citizens sat quietly and took it. 1968 GCA, COWARDLY American citizens sat quietly and took it. 1986 FOPA Yet Again..COWARDLY Americans sat quietly and took it. COWARDLY AMERICANS SOLD GUN RIGHTS DOWN THE RIVER! American People are the absolute Power and Authority in America. The PEOPLE created the servant governments. The PEOPLE… Read more »

USMC0351Grunt
USMC0351Grunt
4 days ago
Reply to  tetejaun

“1934 NFA, COWARDLY American citizens sat quietly and took it.”

Yeah, I guess if they just fired up their cell phones, laptops, iPads, and modems and got online and complained to their elected officials via e-mail, those DURING THE DEPRESSION ERA could have prevented all of this?

Last edited 4 days ago by USMC0351Grunt
Stag
Stag
2 days ago
Reply to  tetejaun

You are still a mindless shill for the NRA. The reason we have all of these infringements is because butters and Fudds like yourself who are willing to negotiate our rights away.

tetejaun
tetejaun
5 days ago

You clowns are really stupid.
NRA HAS NEVER BACKED RED FLAG ‘LAWS’.
How easily the simpletons are led astray by the siren call of SAF, GOA and CCRKBA.
How EAGERLY you want to believe the lies.

Watch um
Watch um
4 days ago
Reply to  tetejaun

I agree with you

USMC0351Grunt
USMC0351Grunt
4 days ago
Reply to  tetejaun

tetejuan, we might have to change your name to tittyjuan unless you grow up and pay attention to EVERYTHING that is going on in these debates?

“Under pressure, NRA voices support for gun violence restraining orders”

https://www.google.com/amp/s/amp.usatoday.com/amp/433716002

Last edited 4 days ago by USMC0351Grunt
Stag
Stag
2 days ago
Reply to  tetejaun

They literally called for ERPOs aka red flag laws in their own video, you moron!