James R. Balmforth: Multiple Handguns And Form 3310.4

Each licensee shall prepare a report of multiple sales or other disposition whenever the licensee sells or otherwise disposes of, at one time or during any five consecutive business days, two or more pistols, or revolvers, or any combination of pistols and revolvers totaling two or more, to an unlicensed person: Provided, That a report need not be made where pistols or revolvers, or any combination thereof, are returned to the same person from whom they were received. The report shall be prepared on Form 3310.4, Report of Multiple Sale or Other Disposition of Pistols and Revolvers. Not later than the close of business on the day that the multiple sale or other disposition occurs, the licensee shall forward two copies of Form 3310.4 to the ATF office specified thereon and one copy to the State police or to the local law enforcement agency in which the sale or other disposition took place. Where the State or local law enforcement officials have notified the licensee that a particular official has been designated to receive Forms 3310.4, the licensee shall forward such forms to that designated official. The licensee shall retain one copy of Form 3310.4 and attach it to the firearms transaction record, Form 4473, executed upon delivery of the pistols or revolvers.

A licensee sells a pistol and revolver in a single transaction to an unlicensed person. This is a multiple sale and must be reported not later than the close of business on the date of the transaction.

A licensee sells a pistol on Monday and sells a revolver on the following Friday to the same unlicensed person. This is a multiple sale and must be reported not later than the close of business on Friday. If the licensee sells the same unlicensed person another pistol or revolver on the following Monday, this may constitute an additional multiple sale and must also be reported.

A licensee maintaining business hours on Monday through Saturday sells a revolver to an unlicensed person on Monday and sells another revolver to the same person on the following Saturday. This does not constitute a multiple sale and need not be reported since the sales did not occur during five consecutive business days. Depending on the reference, the phrase “business day” can have multiple definitions. In some states requiring a waiting period for example, a business day may only be a “business day” if State administrative offices are open. A business day may not begin until the following day if a transaction occurs after 12:00pm, or begin until specific conditions are met. A business day is defined as a 24 hr period in regulations affecting the NICS background check. The possibilities are endless and can be confusing. Some FFLs may become confused by this simply because they may deal with multiple definitions of “business day” when conducting a single firearms transaction depending on the state. As addressed below, the ATF meaning of “business day” has been clarified for us with respect to the multiple sale reporting requirements.

What Does ATF Mean By “Business Day”?

Thankfully, with respect to multiple gun sales reporting, ATF has given FFLs clear guidance on what a “business day” means. The language of 27 CFR 478.126a itself does not however clarify a very important point regarding ATFs definition of “business day”; a point which is explained in the Q & A section of the Federal Firearms Regulations Reference Guide 2005. Essentially, the term is applied differently, depending on how many days an FFL is actually open during a given week. Carefully read this section on page 181 of the guide, question (F5) for the clarification. As indicated in the Q&A section, it’s entirely possible for dispositions to a non-licensee that are 2 weeks apart or more to be reportable on the ATF Form 3310.4. The answer to question (F5) reads in part: “A business day for the purposes of reporting multiple sales of pistols or revolvers is a day that the licensee conducts business pursuant to the license…” Examples are given which further clarify the “consecutive business day” definition.
When Do I Need To Submit The ATF Form 331.04 Report of Multiple Sale?
The bottom line for the FFL dealer is that regulations promulgated under the Gun Control Act require an FFL to submit the ATF Form 3310.4 when a disposition of two or more handguns at one time or “during any five consecutive business days” is made to a non-licensee. A “business day” refers to the day your particular business is open for business pursuant to the license. If you are open only three times per week, the fourth “business day” would commence when you re-open for operations covered under the license. Therefore, be mindful of your particular situation in the application of 27 CFR §478.126a. Furthermore, be mindful of differences in the definitions of the term “business day” when it is applicable to state imposed waiting periods and the requirements of 27 CFR § 478.102.
Federally licensed firearms retailers are required to file ATF Form 3310.4, Report of Multiple Sale or Other Disposition of Pistols and Revolvers, to report the transfer of two or more handguns to the same person at one time or within five consecutive business days. The business days in this case are the days the retailer’s premises are open. By law, the handgun reports are due to be submitted to both the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the chief law enforcement officer (CLEO) for the location where the sale requiring the report occurred; e.g. the CLEO where the FFL’s regular premises are or the CLEO of a gun show location. The report is due on the day that the sale requiring the report occurred. Each year ATF reports that the failure to timely and properly file multiple-handgun reports is among one of the most common violations found during inspections of retailers. ATF considers this a serious matter because it can potentially adversely impact public safety by hindering the ability of law enforcement to identify and respond to possible criminal activity. ATF Industry Operations Investigators (IOSs) will have a listing of all multiple-handgun (and certain rifles as is required of retailers along the Southwest border) reports with them when they conduct compliance inspections. Given the tight time frame for filing reports and the seriousness ATF places on a violation, a retailer would be well advised to develop strong internal controls to recognize sales necessitating the preparation and submission of a report.
Maintain a Simple Handgun Sale Log Book:
• The most important internal control a retailer can have when it comes to ATF records is to have one person (and a backup) responsible for all record keeping, including the preparation and submission of multiple-handgun-sale reports. The experience of NSSF ATF Compliance Consultants has been that if no one person is responsible for keeping records and filing reports, inaccurate records and missed reports are far more likely to occur.
• Though a review of the day’s Form 4473s would detect sales of two or more handguns on a single form, such an effort will not detect handgun sales made to the same person days apart and by different sales associates.
• To identify these situations, many retailers maintain a handgun sales log book, which lists the last name, first name and date of sale for each handgun. This can be in a three-ring binder, but it could be as simple as a steno note pad. Employees who sell handguns must be trained to record all handgun sales in the log book, including occasions where two handguns are sold in a single sale. Management must check periodically to verify that the log book is being completed.
• The record keeper must review the handgun log book every day, as part of the review of Form 4473s. He or she should look for sales to the same person. Any sale recorded within the last five business days that matches the name of a handgun buyer during the current day will necessitate the filing of the multiple-sales report.
• The requirement to file a report also occurs when a customer buys two hand guns on one day (which in itself is reported to ATF) and then buys a third handgun within five business days of the first report. A second report is required. The record keeper must always look back five business days to determine whether a report(s) is required.
Submitting and Filing Forms 3310.4:
• Multiple Sales Reports may be filed by mail, by fax and, now, by scanning and emailing them to multiplehandgunsalesforms@atf.gov.
• We strongly recommend that you prepare them, scan them and attach them to a single email to above ATF address. Forms are often destroyed in the U.S. Mail, and ATF sometimes runs out of fax machine paper on long weekends. When you email it you should use the email tool to request a “delivery receipt,” and if you fax it, you should keep the fax transmission receipt so you can later document that it was sent.

• Attach a copy of the report and receipt to the pertinent Form 4473 for filing. Do not maintain them in a separate file. Where does a licensee submit the ATF Form 3310.4, Report of Multiple Sale or Other Disposition of Pistols and Revolvers? ATF Form 3310.4 must be completed in triplicate (3 copies). The original is sent to ATF’s National Tracing Centre by FAX at 1–877–283–0288, by email at MultipleHandgunSalesForms@atf.gov, or by mail to: A copy is to be sent to the designated State police or the local law enforcement agency in the jurisdiction where the sale took place. The remaining copy is to be attached to the corresponding ATF Form 4473 and retained in the licensee’s records for a period of not less than 5 years.
Report of Multiple Sale or Other Disposition of Pistols and Revolvers (ATF Form 3310.4) This form documents certain sales or other dispositions of handguns for law enforcement purposes. The information is used to determine if the buyer (transferee) is involved in a unlawful activity.
Document Number: ATF F 3310.4
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Ascent Law St. George Utah Office

Ascent Law Ogden Utah Office

Source: https://www.ascentlawfirm.com/multiple-handguns-and-form-3310-4/

James R. Balmforth

বুধবার, ৫ আগস্ট, ২০২০

Multiple Handguns And Form 3310.4

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