CFA ATF & State Transfer Regulations 2 — Questions and Answers
Question 1: Under federal law, what is the maximum penalty for knowingly making a false statement on ATF Form 4473?
- Up to 5 years imprisonment and fines
- Up to 10 years imprisonment and fines (Correct answer)
- Up to 1 year imprisonment only
- Civil fine of $10,000 with no imprisonment
Correct answer: Up to 10 years imprisonment and fines
Knowingly making a false statement on Form 4473 is a federal felony punishable by up to 10 years in prison and substantial fines under 18 U.S.C. § 922(a)(6).
Question 2: Which ATF form is required to transfer a National Firearms Act (NFA) item from one individual to another?
- ATF Form 4473
- ATF Form 4 (Application for Tax Paid Transfer) (Correct answer)
- ATF Form 1
- ATF Form 5320
Correct answer: ATF Form 4 (Application for Tax Paid Transfer)
ATF Form 4 is the Application for Tax Paid Transfer and Registration of Firearm used when transferring an NFA item between private parties.
Question 3: A licensed dealer in Texas receives a firearm via interstate commerce that has had its serial number removed. What is the dealer legally required to do?
- Re-engrave a new serial number and proceed with sale
- Report the firearm to ATF and not transfer it (Correct answer)
- Return it to the shipper immediately
- Hold it for 30 days pending ATF automatic clearance
Correct answer: Report the firearm to ATF and not transfer it
Under 18 U.S.C. § 922(k), possessing or transferring a firearm with an obliterated serial number is illegal, and the FFL must report it to the ATF.
Question 4: How long must an FFL dealer retain completed ATF Form 4473 records when the firearm transfer was denied by NICS?
- 1 year
- 3 years
- 5 years
- Indefinitely until out of business (Correct answer)
Correct answer: Indefinitely until out of business
ATF regulations require FFLs to retain all Forms 4473 — including denied transactions — for at least 20 years, and to transfer records to ATF upon going out of business.
Question 5: A California resident wants to purchase a handgun while visiting Nevada. The Nevada FFL can:
- Complete the sale using Nevada law only since the transaction occurs in Nevada
- Ship the handgun to a California FFL for transfer to the buyer (Correct answer)
- Refuse the sale entirely as interstate handgun transfers are always prohibited
- Transfer the handgun if the buyer has a Nevada carry permit
Correct answer: Ship the handgun to a California FFL for transfer to the buyer
Federal law (18 U.S.C. § 922(b)(3)) prohibits an FFL from transferring a handgun to a resident of another state; the gun must be shipped to an FFL in the buyer's home state.
Question 6: What ATF form must be filed when a licensed manufacturer produces a new NFA firearm for the civilian market (post-Hughes Amendment)?
- It cannot be done — no new NFA firearms may be manufactured for civilian transfer since 1986 (Correct answer)
- ATF Form 1 with $200 tax payment
- ATF Form 2 with a fee of $200
- ATF Form 4 approved prior to manufacture
Correct answer: It cannot be done — no new NFA firearms may be manufactured for civilian transfer since 1986
The Hughes Amendment to the Firearm Owners Protection Act of 1986 banned civilian manufacture and transfer of new machine guns, so no ATF form can authorize this.
Question 7: Under the Gun Control Act, which of the following is a 'prohibited person' barred from receiving or possessing firearms?
- A person convicted of a misdemeanor punishable by more than 2 years imprisonment
- A person convicted of a felony punishable by imprisonment for a term exceeding one year (Correct answer)
- A person under 21 years of age in any circumstance
- A person who has ever been arrested, regardless of conviction
Correct answer: A person convicted of a felony punishable by imprisonment for a term exceeding one year
18 U.S.C. § 922(g)(1) prohibits persons convicted of crimes punishable by imprisonment for a term exceeding one year (felonies) from possessing firearms.
CFA ATF & State Transfer Regulations 2
Under federal law, what is the maximum penalty for knowingly making a false statement on ATF Form 4473?