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November 20, 2024
Holiday Season Firearm Sales: Tips to Maintain Compliance
As the holiday season approaches, firearm sales often surge. While this increase presents a business opportunity, it also heightens the importance of maintaining compliance with ATF regulations. By staying attentive to these guidelines, you can maintain compliance while helping your customers find what they need this holiday season.
We encourage you to watch the recording of our recent webinar where we cover these topics and more in great detail during the presentation and answer several attendee questions live.
Take Your Time with Compliance
During the holiday season, anxious and hurried customers sometimes go too fast when completing Form 4473. And frazzled staff may not notice missing information when they review the forms. Imagine the scene: customers are lined up to purchase that perfect firearm or a special gift. In the holiday chaos, you later find an error on a Form 4473, maybe a missing signature or incomplete information. Minor mistakes like these can be fixed, but larger errors could result in significant consequences.
For instance, if a customer answers “No” that they are not the actual buyer or “Yes” to a prohibiting question and this is missed during a background check, the sale could jeopardize your Federal Firearms License (FFL).
You cannot let this happen, you must continue your Form 4473 review processes, no matter how busy your store is!
Understand Gift Purchases
Gift purchases are allowed if they are “legitimate” and “bona fide.” This means it should be clear that the purchaser is buying for someone else as a genuine gift, not to bypass legal restrictions. To verify, ask about the recipient’s preferences or suggest a gift card as an alternative.
Be Mindful of Out-of-State and Dual-Residency Buyers
- Out-of-State Residents: Always verify the laws in the buyer’s home state. This can be done through resources on the ATF website or by contacting relevant authorities like the State Police or AG’s office where the buyer lives. If you’re uncertain about the legality of a sale, it’s best to avoid it.
- Dual-Residence U.S. Citizens: Some citizens have residency in two states. They must meet your state’s residency requirements at the time of purchase, and provide proper identification, like a state-issued driver’s license or other government-issued documentation.
- Canadian Snowbirds: Canadian residents in the U.S. can buy firearms if they are lawfully present (documented with a USCIS I-94 form) and can provide both Canadian ID and proof of actual U.S. residency.
Serving Military Customers
Active-duty military personnel stationed in your state can purchase firearms, including handguns, with valid Military ID and PCS Orders showing permanent assignment to a base in your state. However, do not use out-of-state driver’s licenses as ID for these transactions.
Ensure Internet Transfers and Special Orders Follow Protocol
For internet transfers, only the person who made the online purchase may pick up the firearm. Similarly, special orders must go directly to the individual who placed the order.
Watch the Webinar
Get Compliance-Ready for the Holiday Season: A Review of Uncommon Scenarios and Compliance Protocols
Prepare yourself for the holiday rush with an ATF compliance review! NSSF Compliance Consultants Wally Nelson and Harry McCabe address common compliance issues and unusual scenarios. Learn about sales involving military personnel, foreign nationals, gift gun transactions and performing thorough ATF form reviews even during busy periods.
Watch at SHOT University™ Online
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