FFL Firearms Transfers & Transactions 5 — Questions and Answers
Question 1: An FFL dealer sells a firearm to a customer but the NICS check was not completed before the transfer. This is called a:
- Proceed-without-check transfer (potential 'default proceed') (Correct answer)
- Delayed transfer
- Conditional sale
- Provisional transfer
Correct answer: Proceed-without-check transfer (potential 'default proceed')
If a dealer transfers a firearm after the 3-business-day delay period without a final answer, it is sometimes called a 'default proceed,' though the dealer may still be liable if the buyer is later found prohibited.
Question 2: Which of the following individuals is NOT automatically prohibited from receiving a firearm under 18 U.S.C. § 922(g)?
- A person convicted of a misdemeanor assault not involving domestic violence (Correct answer)
- A person under indictment for a felony
- A person who is an unlawful user of a controlled substance
- A person who has renounced U.S. citizenship
Correct answer: A person convicted of a misdemeanor assault not involving domestic violence
A misdemeanor assault conviction (not involving domestic violence) is not among the prohibited categories listed in 18 U.S.C. § 922(g).
Question 3: When must an FFL dealer report the theft or loss of a firearm from their inventory to ATF?
- Within 48 hours of discovering the theft or loss (Correct answer)
- Within 24 hours of discovering the theft or loss
- Within 5 business days of discovering the theft or loss
- At the next scheduled ATF inspection
Correct answer: Within 48 hours of discovering the theft or loss
Under 27 C.F.R. § 478.39a, dealers must report theft or loss of firearms to ATF and local law enforcement within 48 hours of discovery.
Question 4: A customer purchases a firearm as a gift for a spouse who is eligible to own firearms. The buyer should answer 'Yes' to the actual transferee question on Form 4473 because:
- Gift purchases for eligible recipients are considered lawful transfers to the buyer (Correct answer)
- The spouse must also sign the Form 4473
- Only the end recipient can legally be the buyer on Form 4473
- Gift purchases always require a separate ATF exemption form
Correct answer: Gift purchases for eligible recipients are considered lawful transfers to the buyer
ATF has clarified that buying a firearm as a bona fide gift for an eligible person means the buyer IS the actual buyer, and answering 'Yes' is correct.
Question 5: An FFL dealer in State A ships a long gun to an FFL dealer in State B for a customer who resides in State B. Who is responsible for completing Form 4473 and the NICS check?
- The receiving FFL dealer in State B (Correct answer)
- The selling FFL dealer in State A
- Both dealers must each complete a separate Form 4473
- The ATF processes the NICS check directly for interstate transfers
Correct answer: The receiving FFL dealer in State B
The receiving FFL (in the buyer's state) completes the Form 4473 and NICS check at the point of actual transfer to the buyer.
Question 6: Under ATF rules, a dealer's A&D (acquisition and disposition) bound book entry for each firearm must include all of the following EXCEPT:
- The buyer's date of birth (Correct answer)
- The manufacturer and importer of the firearm
- The model and serial number of the firearm
- The date of acquisition or disposition
Correct answer: The buyer's date of birth
The A&D bound book does not require the buyer's date of birth; that information is captured on Form 4473 instead.
Question 7: A licensed dealer who knowingly transfers a firearm to a prohibited person faces a maximum federal prison term of:
- 10 years (Correct answer)
- 5 years
- 15 years
- 20 years
Correct answer: 10 years
Willful transfer of a firearm to a prohibited person is a federal felony punishable by up to 10 years imprisonment under 18 U.S.C. § 924(a)(2).
FFL Firearms Transfers & Transactions 5
An FFL dealer sells a firearm to a customer but the NICS check was not completed before the transfer.
This is called a: