IndyGunworks
Grandmaster
Q. Do these recordkeeping requirements
apply to the sale of personal firearms?
A. Under certain circumstances, a licensed
dealer is exempt from the requirements to
complete an ATF Form 4473 and to initiate
a background check under the Brady law
when selling a firearm from his or her
personal firearms collection. 18 U.S.C.
923(c) and 27 CFR 478.125a. Transfers of
personal firearms are exempt from these
requirements only if the following
conditions are met:
apply to the sale of personal firearms?
A. Under certain circumstances, a licensed
dealer is exempt from the requirements to
complete an ATF Form 4473 and to initiate
a background check under the Brady law
when selling a firearm from his or her
personal firearms collection. 18 U.S.C.
923(c) and 27 CFR 478.125a. Transfers of
personal firearms are exempt from these
requirements only if the following
conditions are met:
First, the licensee must have recorded
in the bound book the acquisition of
the firearm.
in the bound book the acquisition of
the firearm.
Second, the licensee must have
recorded in the bound book, as a
disposition, the transfer of the firearm
recorded in the bound book, as a
disposition, the transfer of the firearm
from the business inventory to the
personal firearms collection or other
acquisition of the personal firearm.
acquisition of the personal firearm.
Third, the licensee must have maintained
the firearm as part of his or her personal
firearms collection for 1 year from the
date the firearm was transferred to the
personal collection, as shown in the
bound book.
the firearm as part of his or her personal
firearms collection for 1 year from the
date the firearm was transferred to the
personal collection, as shown in the
bound book.
Finally, the licensee must record the
transfer in his or her disposition records
of personal firearms, in the format set
forth in the regulations. This means that
the licensee must record, from his or her
personal collection, specified identifying
information about the firearm; the date
of the sale or other disposition; and the
name, address, and date of birth of the
transferee (or, if the transferee is a
licensee, the name and business address
of the transferee). In addition, the
licensee shall cause any unlicensed
transferee to be identified in any manner
customarily used in commercial
transactions (e.g., a driver’s license).
transfer in his or her disposition records
of personal firearms, in the format set
forth in the regulations. This means that
the licensee must record, from his or her
personal collection, specified identifying
information about the firearm; the date
of the sale or other disposition; and the
name, address, and date of birth of the
transferee (or, if the transferee is a
licensee, the name and business address
of the transferee). In addition, the
licensee shall cause any unlicensed
transferee to be identified in any manner
customarily used in commercial
transactions (e.g., a driver’s license).