FFL Background Check Question

S

steve4102

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The FBI has reported that NICS has a 10% increase in BGC this past Friday (Black Friday). This is said to be another record number of BGC for a single day, 203,086 compared to 185,713 last year.

http://www.foxnews.com/us/2017/11/27/record-amount-background-checks-for-guns-on-black-friday.html

In the article,

USA Today pointed out that background checks do not indicate the number of guns actually sold because a buyer could purchase more than one gun in a check.
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This got me to thinking, I don't ever recall purchasing more than one at a time, so I don't know, but...

...Is this true? Can (1) form 4473 be used for multiple firearms purchased at the same time? What if they are different as in handgun vs long gun?
 
steve4102 said:
Can (1) form 4473 be used for multiple firearms purchased at the same time?
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Yes, the form can be used for multiple transfers. This is readily evident if you examine Section D at the top of Page 3; LINK TO CURRENT FORM.

Most buyers likely haven't ever paid attention to Page 3 because it's within the "Must Be Completed By Transferor/Seller" portion of the form.
steve4102 said:
What if they are different as in handgun vs long gun?
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The FFL fills out Section D as appropriate and tells the NICS operator which types of firearm are being transferred. If the transaction includes more than one pistol or revolver, the FFL also fills out and submits a Form 3310.4, "Report of Multiple Sale or Other Disposition of Pistols and Revolvers." [EDIT TO CLARIFY] The FFL must submit the Form 3310.4 whenever more than one pistol or revolver is transferred to the same non-licensee within 5 consecutive business days, regardless of the number of NICS checks that were conducted in the process.
 
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There is no limit to the number or types of firearms that can be transferred on a single Form 4473.
The most I've transferred on a single 4473 is 150 Glock pistols to a security guard company.


USA Today pointed out that background checks do not indicate the number of guns actually sold because a buyer could purchase more than one gun in a check.
Click to expand...
It also doesn't take into account transfers that do not require a NICS check. In states where there is a permit that qualifies as an exemption, dealers merely record the permit# and expiration and the buyer goes home with his firearm.
 
dogtown tom said:
There is no limit to the number or types of firearms that can be transferred on a single Form 4473.
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Good point, Tom (as usual). :)

Page 3 has only four lines on it for entries, but if you read the instructions on Page 6, you find this:
If more than four firearms are involved in a transaction, the information required by Section D, questions 24-28, must be provided for the additional firearms on a separate sheet of paper, which must be attached to this ATF Form 4473.
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IOW if there are more than four firearms, the FFL is expected to write the additional entries on additional pieces of paper, and not to fill out another 4473 (or two, or six, etc).
 
I have never seen an FFL use the "separate sheet of paper" for a transfer involving more firearms than there are lines on the 4473 (4 lines now; used to be 7). That includes transfers of up to 25 firearms. I've witnessed many, and been involved in several multiple-4473 transactions, myself.
...But I have also not been around, that I am aware of, for transfers like the 150 Glocks that dogtown tom mentioned.
 
FrankenMauser I have never seen an FFL use the "separate sheet of paper" for a transfer involving more firearms than there are lines on the 4473 (4 lines now; used to be 7). That includes transfers of up to 25 firearms. I've witnessed many, and been involved in several multiple-4473 transactions, myself.
...But I have also not been around, that I am aware of, for transfers like the 150 Glocks that dogtown tom mentioned.
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Sadly, there are quite a few FFL's that have never bothered to read the instructions on the Form 4473.
 
Indeed.
I was in at my preferred LGS today, and had a really quick chat with the owner. I brought up the multiple 4473s topic, and his answer was along the lines of what I have assumed in the past:
He doesn't want to rely on the separate sheet(s) of paper remaining with the 4473. It's easier (for peace of mind) to just fill out an additional form and not introduce an additional possible point of contention during an ATF inspection when the separate sheet(s) are missing.
 
FrankenMauser Indeed.
I was in at my preferred LGS today, and had a really quick chat with the owner. I brought up the multiple 4473s topic, and his answer was along the lines of what I have assumed in the past:
He doesn't want to rely on the separate sheet(s) of paper remaining with the 4473. It's easier (for peace of mind) to just fill out an additional form and not introduce an additional possible point of contention during an ATF inspection when the separate sheet(s) are missing.
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With each Form 4473 being six pages, someone buying five firearms would generate two Form 4473's and twelve sheets of paper vs seven using the additional page as required by the instructions. In either case he would attach the extra pages to the original 4473.

Your dealer is a dimwit. The "point of contention" during an inspection will be the fact that he ignored the instructions on the Form 4473.

He needs one of these:
61b7_swingline_stapler.jpg
 
dogtown tom said:
With each Form 4473 being six pages, someone buying five firearms would generate two Form 4473's and twelve sheets of paper vs seven using the additional page as required by the instructions... The "point of contention" during an inspection will be the fact that he ignored the instructions on the Form 4473.
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Also, it seems to me that the chances of making an error go way up with multiple redundant 4473s, and such an error would be especially glaring when the other forms are right there for comparison.

But hey, it's not MY business. What's a mother to do... :rolleyes:
 
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