CFA Legal Compliance & Documentation Standards 2 — Questions and Answers
Question 1: Which ATF form must a licensed dealer complete when transferring a firearm to a non-licensed buyer?
- ATF Form 4473 (Correct answer)
- ATF Form 4
- ATF Form 3310.4
- ATF Form 5
Correct answer: ATF Form 4473
ATF Form 4473 (Firearms Transaction Record) is required for every over-the-counter transfer from an FFL to a non-licensed individual.
Question 2: How long is a federally licensed dealer required to retain completed ATF Form 4473 records?
- 5 years
- 10 years
- 20 years or until the licensee goes out of business (Correct answer)
- Indefinitely with no destruction permitted
Correct answer: 20 years or until the licensee goes out of business
FFLs must retain Form 4473 for at least 20 years, and upon business closure must surrender all records to the ATF out-of-business (OOB) records center.
Question 3: Under the Gun Control Act, which of the following makes an individual a 'prohibited person' barred from possessing firearms?
- Having a misdemeanor conviction for disorderly conduct
- Being subject to a qualifying domestic violence protective order (Correct answer)
- Having a suspended driver's license
- Being under age 21 for handgun purchase from a private party
Correct answer: Being subject to a qualifying domestic violence protective order
18 U.S.C. § 922(g)(8) prohibits firearm possession by persons subject to certain domestic violence restraining orders meeting specific criteria.
Question 4: A firearm appraiser discovers a serialized rifle has had its serial number partially obliterated by a previous owner. What is the correct legal response?
- Re-stamp the serial number using ATF-approved tooling
- Decline to appraise and advise the owner to contact ATF (Correct answer)
- Appraise the firearm but note the defacement in the report
- Photograph and document it, then proceed with the appraisal
Correct answer: Decline to appraise and advise the owner to contact ATF
Possession of a firearm with an obliterated serial number is a federal felony under 18 U.S.C. § 922(k); the appraiser should not take custody and should direct the owner to the ATF.
Question 5: Which federal law established the National Instant Criminal Background Check System (NICS)?
- The National Firearms Act of 1934
- The Gun Control Act of 1968
- The Brady Handgun Violence Prevention Act of 1993 (Correct answer)
- The Firearm Owners Protection Act of 1986
Correct answer: The Brady Handgun Violence Prevention Act of 1993
The Brady Act mandated the creation of NICS, which the FBI administers to conduct background checks on prospective firearm purchasers.
Question 6: When appraising a pre-1899 antique firearm, which documentation consideration is most relevant to federal law compliance?
- An FFL transfer is still required because the firearm fires modern ammunition
- Antique firearms are generally exempt from GCA transfer and background check requirements (Correct answer)
- The appraiser must file an ATF Form 5 before the appraisal can be completed
- State law is irrelevant because federal law fully preempts antique firearm regulation
Correct answer: Antique firearms are generally exempt from GCA transfer and background check requirements
Under 18 U.S.C. § 921(a)(16), firearms manufactured in or before 1898 (antiques) are exempt from most GCA provisions, including FFL transfer and NICS requirements.
Question 7: A client presents a suppressor for appraisal. Which document should the appraiser request to verify lawful civilian ownership?
- A state-issued suppressor permit
- An ATF Form 4 with the paid $200 tax stamp (Correct answer)
- An ATF Form 3 showing dealer-to-dealer transfer
- A notarized letter from local law enforcement
Correct answer: An ATF Form 4 with the paid $200 tax stamp
Civilian ownership of a suppressor requires a registered ATF Form 4 (Application for Tax Paid Transfer) with proof of the $200 NFA tax payment.
Which ATF form must a licensed dealer complete when transferring a firearm to a non-licensed buyer?