FFL Firearms Transfers & Transactions 4 — Questions and Answers
Question 1: A person presents an out-of-state driver's license to purchase a rifle at a Texas FFL. The dealer may complete the sale if:
- The sale complies with the laws of both Texas and the buyer's home state (Correct answer)
- The buyer also presents a second form of ID from Texas
- The buyer signs a waiver acknowledging residency requirements
- The dealer ships the rifle to an FFL in the buyer's home state
Correct answer: The sale complies with the laws of both Texas and the buyer's home state
Long gun interstate sales from an FFL are lawful if the transaction complies with the laws of both the state of sale and the buyer's state of residence.
Question 2: What is a 'straw purchase' in the context of federal firearms law?
- Buying a firearm for another person who is prohibited from owning firearms (Correct answer)
- Purchasing a firearm with cash to avoid a paper trail
- Transferring a firearm without conducting a NICS check
- Buying more than one handgun in a five-day period
Correct answer: Buying a firearm for another person who is prohibited from owning firearms
A straw purchase is when a person buys a firearm on behalf of another individual, particularly one prohibited from purchasing — a federal felony under 18 U.S.C. § 922(a)(6).
Question 3: Section 11 of Form 4473 asks whether the buyer is the 'actual transferee/buyer.' A buyer who answers 'No' is indicating:
- They are conducting a straw purchase, which disqualifies the transfer (Correct answer)
- They are purchasing as a gift for an eligible recipient, which is permitted
- They are an FFL purchasing for their store inventory
- They are a law enforcement officer purchasing for department use
Correct answer: They are conducting a straw purchase, which disqualifies the transfer
Answering 'No' to the actual buyer question means the person is acting as a straw purchaser, which is illegal and must stop the transfer.
Question 4: A dealer discovers that a firearm they sold was used in a crime and receives an ATF trace request. The dealer must respond:
- Within 24 hours of receiving the tracing request (Correct answer)
- Within 48 hours of receiving the tracing request
- Within 5 business days of receiving the tracing request
- There is no mandatory response timeline for trace requests
Correct answer: Within 24 hours of receiving the tracing request
ATF regulations require dealers to respond to firearms tracing requests within 24 hours.
Question 5: Under the Gun Control Act, which of the following is considered a 'transfer' requiring a background check?
- Selling a firearm from dealer inventory to a retail customer (Correct answer)
- Returning a customer's own firearm after repair with no change in ownership
- Loaning a firearm to an employee for use on the dealer's premises
- Shipping a firearm to a manufacturer for warranty work
Correct answer: Selling a firearm from dealer inventory to a retail customer
A sale from a dealer's inventory to a retail customer constitutes a transfer and requires a Form 4473 and NICS check; repair returns and temporary loans within the premises do not.
Question 6: Which of the following actions by a dealer is REQUIRED when a NICS check returns a 'Proceed' response?
- Record the NICS transaction number on the Form 4473 (Correct answer)
- Retain the NICS result letter for 20 years
- Notify the local police of the approved transfer
- File a copy of Form 4473 with ATF within 3 days
Correct answer: Record the NICS transaction number on the Form 4473
Dealers must record the NTN (NICS Transaction Number) on Form 4473 as proof that the background check was completed.
Question 7: A person who was adjudicated as a mental defective attempts to purchase a firearm. This person is prohibited under:
- 18 U.S.C. § 922(g)(4) (Correct answer)
- 18 U.S.C. § 922(g)(1)
- 18 U.S.C. § 922(g)(9)
- 18 U.S.C. § 922(g)(3)
Correct answer: 18 U.S.C. § 922(g)(4)
18 U.S.C. § 922(g)(4) prohibits firearm possession by any person who has been adjudicated as a mental defective or committed to a mental institution.
FFL Firearms Transfers & Transactions 4
A person presents an out-of-state driver's license to purchase a rifle at a Texas FFL.
The dealer may complete the sale if: