[Federal Register Volume 59, Number 30 (Monday, February 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3227]
[[Page Unknown]]
[Federal Register: February 14, 1994]
_______________________________________________________________________
Part III
Department of the Treasury
_______________________________________________________________________
Bureau of Alcohol, Tobacco and Firearms
_______________________________________________________________________
27 CFR Part 178
Implementation of Public Law 103-159, Including the Brady Handgun
Violence Prevention Act; Rule and Proposed Rule
DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco and Firearms
27 CFR Part 178
[T.D. ATF-354; (93F-057P)]
RIN: 1512-AB23
Implementation of Public Law 103-159, Including the Brady Handgun
Violence Prevention Act
AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Department of
the Treasury.
ACTION: Temporary rule (Treasury decision).
-----------------------------------------------------------------------
SUMMARY: This temporary rule implements the provisions of Public Law
103-159, including the Brady Handgun Violence Prevention Act. These
regulations implement the law by imposing a waiting period of 5 days
before a licensed firearms importer, manufacturer, or dealer may
lawfully transfer a handgun to a nonlicensed individual. Regulations
are also prescribed with regard to reporting requirements for multiple
handgun sales, labeling of packages containing a firearm, theft of
firearms from firearms licensees, and increased license fees for
dealers in firearms. The temporary rule will remain in effect until
superseded by final regulations. In the Proposed Rules section of this
Federal Register, ATF is also issuing a notice of proposed rulemaking
inviting comments on the temporary rule for a 90-day period following
the publication date of this temporary rule.
EFFECTIVE DATES: The temporary regulations are effective on February
28, 1994, except for Secs. 178.31 (b) and (d), 178.33a, 178.42(c), and
178.126a, which were effective on November 30, 1993.
ADDRESSES: Send written comments to: Chief, Revenue Programs Division;
Bureau of Alcohol, Tobacco and Firearms; Washington, DC 20091-0221.
FOR FURTHER INFORMATION CONTACT: James P. Ficaretta, Revenue Programs
Division, Bureau of Alcohol, Tobacco and Firearms, 650 Massachusetts
Avenue NW., Washington, DC 20226 (202-927-8230).
SUPPLEMENTARY INFORMATION:
Background
On November 30, 1993, Public Law 103-159 (107 Stat. 1536) was
enacted, amending the Gun Control Act of 1968 (GCA), as amended (18
U.S.C. Chapter 44). Title I of Public Law 103-159, cited as the ``Brady
Handgun Violence Prevention Act'' (hereinafter, ``the Act''), provides
for a national waiting period of 5 days before a licensed importer,
manufacturer, or dealer may lawfully transfer a handgun to a
nonlicensed individual (interim provision), and for the establishment
of a national instant criminal background check system to be queried by
firearms licensees before transferring any firearm to nonlicensed
individuals (permanent provision). The permanent system will be
effective on November 30, 1998. Violations of either the interim or
permanent provision are punishable by a fine or imprisonment for not
more than 1 year, or both.
Titles II and III of Public Law 103-159 relate to reporting
requirements for multiple handgun sales, labeling of packages
containing a firearm, thefts of firearms from licensed firearms
dealers, and increased license fees for dealers in firearms.
Regulations implementing these provisions are also part of this
Treasury decision.
Waiting Period (Interim Provision)
The Act provides that the waiting period provisions of the law
become effective on February 28, 1994, and cease to apply on November
30, 1998. The Act imposes a waiting period of 5 business days (defined
in the statute as days on which State offices are open) before a
licensee may sell or deliver a handgun. As defined in the Act, the term
``handgun'' means--
(A) a firearm which has a short stock and is designed to be held
and fired by the use of a single hand; and (B) any combination of
parts from which a firearm described in subparagraph (A) can be
assembled.
Basically, the waiting period provision makes it unlawful for any
licensed firearms importer, manufacturer, or dealer to sell, deliver,
or transfer a handgun to a nonlicensed individual (transferee), unless
the licensee--
(1) Obtains a statement of the transferee's intent to obtain a
handgun containing the transferee's name, address, and date of birth
appearing on a valid photo identification, a description of the
identification document, a statement that the transferee is not a
felon, under indictment, or otherwise prohibited from receiving or
possessing the handgun under Federal law, and the date the statement is
made;
(2) Verifies the identity of the transferee by examining the
identification document presented;
(3) Within 1 day after the transferee furnishes the statement,
contacts the chief law enforcement officer of the place of residence of
the transferee and advises such officer of the contents of the
statement;
(4) Within 1 day after the transferee furnishes the statement,
transmits to the chief law enforcement officer of the place of
residence of the transferee a copy of the statement; and
(5) Waits 5 business days from the date the licensee furnished
notice of the contents of the statement to the chief law enforcement
officer before transferring the handgun to the transferee (during which
period the licensee has not received information from the chief law
enforcement officer that receipt or possession of the handgun by the
transferee would be in violation of law); or receives notice from the
chief law enforcement officer of the place of residence of the
transferee that the officer has no information that the transferee's
receipt or possession of the handgun would violate the law.
In addition to the items in (1) above, the regulations request
certain additional optional information about the transferee to
facilitate the transfer of a handgun and assist law enforcement
officials in verifying the transferee's eligibility to possess a
handgun. This optional information includes the social security number,
height, weight, sex, and place of birth of the transferee. The optional
information will help minimize the misidentification of handgun
purchasers as felons or other prohibited persons whose receipt and
possession of firearms violate the law. For example, this information
would distinguish the transferee from a prohibited buyer having the
same name and date of birth as the transferee and, therefore, help
expedite the transfer.
Subsequent to the sale or transfer of the handgun, the law requires
a licensee, who receives a report from the chief law enforcement
officer containing information that receipt or possession of the
handgun by the transferee violates Federal, State, or local law, shall
within 1 day communicate any information the licensee has concerning
the transfer to the chief law enforcement officer of the place of
business of the licensee and to the chief law enforcement officer of
the place of residence of the transferee.
As provided in the Act, the term ``chief law enforcement officer''
means ``the chief of police, the sheriff, or an equivalent officer or
the designee of any such individual.'' The law requires that the chief
law enforcement officer within 5 business days make a reasonable effort
to determine whether the transferee is prohibited by law from receiving
or possessing the handgun sought to be purchased. Except for records
relating to a proposed handgun sale that would violate the law, law
enforcement officers are required to destroy within 20 days the
purchaser's statement, any record containing information derived from
the statement, and any record created as a result of the notice
referred to in (3) above. Furthermore, these records may only be used
to carry out the purposes of the Act, and no information in the records
may be conveyed to any person for purposes other than complying with
the Act.
The Act also provides that an individual who is determined to be
ineligible to purchase a handgun under the waiting period provision may
request that the chief law enforcement officer who made the
determination provide reasons for that determination. The officer must
provide such reasons to the individual in writing within 20 business
days after receipt of the request.
Alternatives to the Waiting Period
The statute provides the following alternatives to the waiting
period provision:
(1) The transferee provides a written statement issued within the
last 10 days by the chief law enforcement officer of the transferee's
place of residence that the transferee requires a handgun because of a
threat to the life of the transferee or any member of the transferee's
household;
(2) The transferee presents to the licensee a permit issued by the
State within the past 5 years to possess a handgun and the law of the
State requires verification that the transferee is not prohibited by
law from possessing the handgun;
(3) Purchases in States which require that, before any licensee
transfers a handgun to an individual, an authorized government official
has verified that possession of the handgun by the transferee would not
violate the law (e.g., a background check);
(4) Purchases of handguns which are subject to the National
Firearms Act and which have been approved for transfer under 27 CFR
part 179 (Machine Guns, Destructive Devices, and Certain Other
Firearms);
(5) Purchases of handguns for which the Secretary has certified
that compliance with the 5-day waiting period procedure is
impracticable because the purchaser resides in a rural area, the
premises of the licensee are remote in relation to the chief law
enforcement officer of the area, and there is an absence of
telecommunications facilities in the geographical area in which the
business premises are located.
Additional Provisions of Public Law 103-159
Titles II and III of Public Law 103-159 provide additional
amendments to the GCA. These provisions, which became effective on
November 30, 1993, are as follows:
(1) Multiple sales reports. In addition to furnishing reports of
multiple handgun sales to ATF, licensees are required to submit such
reports to the ``department of State police or State law enforcement
agency of the State or local law enforcement agency of the jurisdiction
in which the sale or other disposition took place.''
(2) Common carriers. Common or contract carriers are prohibited
from requiring or causing any label or other written notice to be
placed on the outside of any package, luggage, or other container
indicating that such package contains a firearm. In addition, common or
contract carriers who deliver firearms in interstate or foreign
commerce are required to obtain written acknowledgement of receipt from
the recipient of the package or other container.
(3) Theft of firearms. It is unlawful for any person to steal from
the person or premises of a Federal firearms licensee any firearm in
the licensee's business inventory which has been shipped or transported
in interstate or foreign commerce.
(4) License fees. License fees for all dealers in firearms (other
than destructive devices), including pawnbrokers, have been increased
to $200 for 3 years, except that the fee for renewal of a license is
$90 for 3 years.
Executive Order 12866
It has been determined that this temporary rule is not a
significant regulatory action, because the economic effects flow
directly from the underlying statute and not from this temporary rule.
Therefore, it is found that this temporary rule is not likely to (1)
Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, of State, local, or tribal governments or
communities; (2) Create a serious inconsistency or otherwise interfere
with an action taken or planned by another agency; (3) Materially alter
the budgetary impact of entitlements, grants, user fees, or loan
programs or the rights and obligations of recipients thereof; or (4)
Raise novel legal or policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in this Executive
order.
Administrative Procedure Act
Because this document merely implements the law and because
immediate guidance is necessary to implement the provisions of the law,
it is found to be impracticable to issue this Treasury decision with
notice and public procedure under 5 U.S.C. Sec. 553(b), or subject to
the effective date limitation in section 553(d).
Regulatory Flexibility Act
The provisions of the Regulatory Flexibility Act relating to an
initial and final regulatory flexibility analysis (5 U.S.C. 604) are
not applicable to this temporary rule because the agency was not
required to publish a notice of proposed rulemaking under 5 U.S.C. 553
or any other law.
Paperwork Reduction Act
This regulation is being issued without prior notice and public
procedure pursuant to the Administrative Procedure Act (5 U.S.C. 553).
For this reason, the collection of information contained in this
regulation has been reviewed and, pending receipt and evaluation of
public comments, approved by the Office of Management and Budget (OMB)
under control number 1512-0520. The estimated average annual burden
associated with the collection of information in this regulation is
2.52 hours per respondent or recordkeeper.
For further information concerning this collection of information,
and where to submit comments on the collection of information and the
accuracy of the estimated burden, and suggestions for reducing this
burden, refer to the preamble to the cross-reference notice of proposed
rulemaking published elsewhere in this issue of the Federal Register.
Drafting Information
The author of this document is James P. Ficaretta, Revenue Programs
Division, Bureau of Alcohol, Tobacco and Firearms.
List of Subjects in 27 CFR Part 178
Administrative practice and procedure, Arms and ammunition,
Authority delegations, Customs duties and inspection, Exports, Imports,
Military personnel, Penalties, Reporting requirements, Research,
Seizures and forfeitures, and Transportation.
Authority and Issuance
27 CFR Part 178--Commerce in Firearms and Ammunition is amended as
follows:
Paragraph 1. The authority citation for 27 CFR part 178 continues
to read as follows:
Authority: 5 U.S.C. 552(a); 18 U.S.C. 847, 921-930; 44 U.S.C.
3504(h).
Par. 2. Section 178.1(a) is revised to read as follows:
Sec. 178.1 Scope of regulations.
(a) General. The regulations contained in this part relate to
commerce in firearms and ammunition and are promulgated to implement
Title I, State Firearms Control Assistance (18 U.S.C. Chapter 44), of
the Gun Control Act of 1968 (82 Stat. 1213) as amended by Pub. L. 99-
308 (100 Stat. 449), Pub. L. 99-360 (100 Stat. 766), Pub. L. 99-408
(100 Stat. 920), and Pub. L. 103-159 (107 Stat. 1536).
* * * * *
Par. 3. Section 178.11 is amended by revising the definition for
``handgun,'' and by adding definitions for ``chief law enforcement
officer'' and ``identification document,'' to read as follows:
Sec. 178.11 Meaning of terms.
* * * * *
Chief law enforcement officer. The chief of police, the sheriff, or
an equivalent officer or the designee of any such individual.
* * * * *
Handgun. (a) Any firearm which has a short stock and is designed to
be held and fired by the use of a single hand; and
(b) Any combination of parts from which a firearm described in
paragraph (a) can be assembled.
Identification document. A document containing the name, residence
address, date of birth, and photograph of the holder and which was made
or issued by or under the authority of the United States Government, a
State, political subdivision of a State, a foreign government,
political subdivision of a foreign government, an international
governmental or an international quasi- governmental organization
which, when completed with information concerning a particular
individual, is of a type intended or commonly accepted for the purpose
of identification of individuals.
* * * * *
Par. 4. Section 178.31 is amended by redesignating paragraph (b) as
paragraph (c), and by adding new paragraphs (b) and (d), to read as
follows:
Sec. 178.31 Delivery by common or contract carrier.
* * * * *
(b) No common or contract carrier shall require or cause any label,
tag, or other written notice to be placed on the outside of any
package, luggage, or other container indicating that such package,
luggage, or other container contains a firearm.
* * * * *
(d) No common or contract carrier shall deliver in interstate or
foreign commerce any firearm without obtaining written acknowledgement
of receipt from the recipient of the package or other container in
which there is a firearm.
Par. 5. Section 178.33a is added to Subpart C to read as follows:
Sec. 178.33a Theft of firearms.
No person shall steal or unlawfully take or carry away from the
person or the premises of a person who is licensed to engage in the
business of importing, manufacturing, or dealing in firearms, any
firearm in the licensee's business inventory that has been shipped or
transported in interstate or foreign commerce.
Par. 6. Section 178.42 is amended by revising the introductory
text, and by revising paragraph (c) to read as follows:
Sec. 178.42 License fees.
Each applicant shall pay a fee for obtaining a firearms license or
ammunition license, a separate fee being required for each business or
collecting activity at each place of such business or activity, as
follows:
* * * * *
(c) For a dealer:
(1) In destructive devices--$1,000 per year.
(2) Who is not a dealer in destructive devices--$200 for 3 years,
except that the fee for renewal of a valid license shall be $90 for 3
years.
* * * * *
Par. 7. Section 178.96(b) is amended by revising the first sentence
to read as follows:
Sec. 178.96 Out-of-State and mail order sales.
* * * * *
(b) A licensed importer, licensed manufacturer, or licensed dealer
may sell a rifle, shotgun, or handgun that is not subject to the
waiting period provisions of Sec. 178.102(a) to a nonlicensee who does
not appear in person at the licensee's business premises if the
nonlicensee is a resident of the same State in which the licensee's
business premises are located, and the nonlicensee furnishes to the
licensee the firearms transaction record, Form 4473, required by
Sec. 178.124. * * *
* * * * *
Par. 8. Section 178.102 is added to subpart F to read as follows:
Sec. 178.102 Sales or deliveries of handguns after February 27, 1994,
and before November 30, 1998.
(a) Waiting period. Except as provided in paragraph (b), a licensed
importer, licensed manufacturer, or licensed dealer shall not sell,
deliver, or transfer a handgun to any individual who is not licensed
under this part.
(1) The licensee shall:
(i) Receive from the transferee a statement of intent to obtain a
handgun on Form 5300.35 in accordance with Sec. 178.130;
(ii) Verify the identity of the transferee by examining the
identification document presented, and noting on Form 5300.35 the type
of identification used;
(iii) Within 1 day after the transferee furnishes the statement,
provide notice of the contents of the statement on Form 5300.35, in the
manner prescribed by paragraph (a)(3) of this section, to the chief law
enforcement officer of the place of residence of the transferee; and
(iv) Within 1 day after the transferee furnishes the statement to
the licensee, transmit a copy of Form 5300.35 to the chief law
enforcement officer of the place of residence of the transferee.
(2)(i) The licensee shall not sell, deliver, or transfer a handgun
to any individual unless 5 business days (meaning days on which State
offices are open) have elapsed from the date the licensee furnished
actual notice of the contents of the statement to the chief law
enforcement officer, during which period the licensee has not received
information from such officer that receipt or possession of the handgun
by the transferee would be in violation of Federal, State, or local
law; or
(ii) The licensee has received notice from the chief law
enforcement officer within the 5 business days that the officer has no
information indicating that receipt or possession of the handgun by the
transferee would violate Federal, State, or local law.
Example 1. A licensee furnishes actual notice of the contents of
the statement to the chief law enforcement officer on Tuesday. If
State offices are not open on Saturday and Sunday, 5 business days
would have elapsed on the following Tuesday. The licensee may
deliver the handgun on the next day, Wednesday.
Example 2. A licensee furnishes actual notice of the contents of
the statement to the chief law enforcement officer on Saturday. If
State offices are not open on Saturday and Sunday, 5 business days
would have elapsed on the following Friday. The licensee may deliver
the handgun on the next day, Saturday.
(3) The notice required by paragraph (a)(1)(iii) of this section
shall be actual notice and shall be given in a manner acceptable to
such officer. For example, if the chief law enforcement officer will
only accept notice in writing and not by telephone, notice shall be
given by the licensee to the chief law enforcement officer in writing.
In that case, the 5-day waiting period prescribed by paragraph
(a)(2)(i) of this section begins at the time such written notice is
received by the chief law enforcement officer. If the licensee sends
notice to such officer by mail, the licensee shall send the notice by
registered or certified mail (return receipt requested).
(4) The law requires that notice of the contents of the
transferee's statement of intent to obtain a handgun and the statement
be provided by the licensee to the chief law enforcement officer of the
place of residence of the transferee. Under the law, the chief law
enforcement officer means ``the chief of police, the sheriff, or an
equivalent officer or the designee of any such individual.'' Where the
State or local law enforcement officials have notified the licensee
that a particular official has been designated to receive the notice
and statement specified in paragraphs (a)(1) (iii) and (iv) of this
section, the licensee shall provide the information to that designated
official.
(b) Alternatives to waiting period. The provisions of paragraph (a)
of this section shall not apply if--
(1) The transferee has presented to the licensee a written
statement, issued by the chief law enforcement officer of the
transferee's place of residence, stating that the transferee requires
access to a handgun because of a threat to the life of the transferee
or of any member of the household of the transferee. The written
statement must have been issued by the chief law enforcement officer
during the 10-day period ending on the date that the transferee has
informed the licensee of the transferee's intention to obtain a
handgun. The written statement shall be on a letter bearing the
letterhead of the chief law enforcement officer and shall be signed by
the officer and dated;
(2) The transferee has presented to the licensee a permit or
license that--
(i) Allows the transferee to possess or acquire a handgun;
(ii) Was issued not more than 5 years earlier by the State in which
the transfer is to take place; and
(iii) The law of the State provides that such a permit is to be
issued only after an authorized government official has verified that
the information available to such official does not indicate that
possession of a handgun by the transferee would be in violation of
Federal, State, or local law;
(3) The law of the State requires that, before any licensed
importer, licensed manufacturer, or licensed dealer completes the
transfer of a handgun to an individual who is not licensed under this
part, an authorized government official verify that the information
available to such official does not indicate that possession of a
handgun by the transferee would be in violation of law;
(4) The handgun is subject to the provisions of the National
Firearms Act and has been approved for transfer under 27 CFR part 179;
or
(5) On application of the licensee, in accordance with the
provisions of Sec. 178.150, the Director has certified that compliance
with paragraph (a) of this section is impracticable.
(6) The documents referred to in paragraphs (b) (1) and (2) of this
section shall be retained in the records of the licensee in accordance
with the provisions of Sec. 178.131.
(c) Disclosure of information. (1) Any licensed importer, licensed
manufacturer, or licensed dealer who, after the transfer of a handgun
to a nonlicensee, receives a report from a chief law enforcement
officer containing information that receipt or possession of the
handgun by the transferee violates Federal, State, or local law shall,
within 1 business day (meaning a day on which State offices are open)
after receipt of the report, communicate any information the licensee
has concerning the transfer and the transferee, including a copy of
Form 4473 required by Sec. 178.124, to the chief law enforcement
officer of the place of business of the licensee and to the chief law
enforcement officer of the place of residence of the transferee. The
licensee may also provide this information to the local ATF office.
(2) Any licensed importer, licensed manufacturer, or licensed
dealer who receives information from a chief law enforcement officer
regarding the transfer of a handgun to a nonlicensee, not otherwise
available to the public, shall not disclose such information except to
the transferee, to law enforcement authorities, or pursuant to the
direction of a court of law.
(Approved by the Office of Management and Budget under control
number 1512-0520)
Par. 9. Section 178.126a is amended by revising the second sentence
to read as follows:
Sec. 178.126a Reporting multiple sales or other disposition of pistols
and revolvers.
* * * 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.
* * * * *
Par. 10. Section 178.129(b) and the parenthetical text at the end
of the section are revised to read as follows:
Sec. 178.129 Record retention.
* * * * *
(b) Firearms transaction record and statement of intent to obtain a
handgun. Licensees shall retain each Form 4473 and Form 4473(LV) for a
period of not less than 20 years after the date of sale or disposition.
Licensees shall retain each Form 5300.35 for a period of not less than
5 years after notice of the intent to obtain the handgun was forwarded
to the chief law enforcement officer.
* * * * *
(Paragraph (b) approved by the Office of Management and Budget under
control number 1512-0520; all other recordkeeping approved by the
Office of Management and Budget under control number 1512-0129.)
Par. 11. Sections 178.130 and 178.131 are added to Subpart H to
read as follows:
Sec. 178.130 Statement of intent to obtain a handgun after February
27, 1994, and before November 30, 1998.
(a)(1) Except as provided in Secs. 178.102(b) and 178.131, a
licensed importer, licensed manufacturer, or licensed dealer shall not
sell, deliver, or transfer a handgun unless the licensee has received
from the transferee a statement of intent to obtain a handgun on Form
5300.35 in duplicate. The statement shall contain the transferee's
name, address, and date of birth. The transferee must date and execute
the sworn statement contained on the form showing that the transferee
is not under indictment for a crime punishable by imprisonment for a
term exceeding 1 year; has not been convicted in any court of such a
crime; is not a fugitive from justice; is not an unlawful user of or
addicted to any controlled substance; has not been adjudicated as a
mental defective or been committed to a mental institution; is not an
alien who is illegally or unlawfully in the United States; has not been
discharged from the Armed Forces under dishonorable conditions; and is
not a person who, having been a citizen of the United States, has
renounced such citizenship.
(2) In order to facilitate the transfer of a handgun and enable the
chief law enforcement officer to verify the identity of the person
acquiring the handgun, Form 5300.35 requests certain additional
optional information. This information includes the social security
number, height, weight, sex, and place of birth of the transferee. Such
information may help avoid the possibility of the transferee being
misidentified as a felon or other prohibited person.
(b) Upon receipt of Form 5300.35 from the transferee, the licensee
shall:
(1) Verify the identity of the transferee by examining the
identification document presented and note on Form 5300.35 the type of
identification used; and
(2) Complete Form 5300.35 to show that notice of the transferee's
statement of intent to obtain a handgun and a copy of the form have
been provided to the chief law enforcement officer in compliance with
Sec. 178.102(a).
(c) The licensee shall retain the original Form 5300.35 as part of
the records required to be kept under this subpart. If the sale,
delivery, or transfer of the handgun to the transferee is made, Form
5300.35 shall be attached to the firearms transaction record, Form
4473, executed upon delivery of the handgun as provided in
Sec. 178.124. If the sale, delivery, or transfer is not made, the
licensee shall retain Form 5300.35 as part of the records required to
be kept under this subpart. Forms 5300.35 with respect to which a sale,
delivery, or transfer did not take place shall be retained in
alphabetical (by name of transferee) or chronological (by date of
transferee's sworn statement) order.
(d) The requirements of this section shall be in addition to any
other recordkeeping requirements contained in this part.
(e) A licensee may obtain, upon request, an emergency supply of
Forms 5300.35 from any regional director (compliance).
(Approved by the Office of Management and Budget under control
number 1512-0520)
Sec. 178.131 Handgun transactions not subject to the waiting period.
(a)(1) A licensed importer, licensed manufacturer, or licensed
dealer whose sale, delivery, or transfer of a handgun is made pursuant
to the alternative provisions of Sec. 178.102(b) and is not subject to
the waiting period prescribed by Sec. 178.102(a) shall maintain the
records required by this paragraph (a).
(2) If the transfer is pursuant to a written statement of the chief
law enforcement officer in accordance with Sec. 178.102(b)(1), the
licensee shall retain such statement and attach it to the firearms
transaction record, Form 4473, executed upon delivery of the handgun.
(3) If the transfer is pursuant to a permit or license in
accordance with Sec. 178.102(b)(2), the licensee shall retain a copy of
such permit or license and attach it to the firearms transaction
record, Form 4473, executed upon delivery of the handgun.
(4) If the transfer is pursuant to a verification of eligibility to
possess a handgun (e.g., an instant record check) by a government
official in accordance with Sec. 178.102(b)(3), the licensee shall
attach to the firearms transaction record, Form 4473, executed upon
delivery of the handgun, a statement showing the date of verification,
any identifying number assigned to the transaction by the official, and
the name, location, and title of the official.
(5) If the transfer is pursuant to a certification by ATF in
accordance with Secs. 178.102(b)(5) and 178.150, the licensee shall
maintain the certification as part of the records required to be kept
under this subpart and for the period prescribed for the retention of
Form 5300.35 in Sec. 178.129(b).
(b) The requirements of this section shall be in addition to any
other recordkeeping requirements contained in this part.
(Approved by the Office of Management and Budget under control
number 1512-0520)
Sec. 178.150 [Redesignated as Sec. 178.151.]
Par. 12. Section 178.150 of Subpart I is redesignated as
Sec. 178.151, and new Sec. 178.150 is added to read as follows:
Sec. 178.150 Alternative to handgun waiting period in certain
geographical locations.
(a) The provisions of Sec. 178.102(b)(5) shall be applicable when
the Director has certified that compliance with the waiting period
provisions of Sec. 178.102(a) is impracticable because:
(1) The ratio of the number of law enforcement officers of the
State in which the transfer is to occur to the number of square miles
of land area of the State does not exceed 0.0025;
(2) The business premises of the licensee at which the transfer is
to occur are extremely remote in relation to the chief law enforcement
officer; and
(3) There is an absence of telecommunications facilities in the
geographical area in which the business premises are located.
(b) A licensee who desires to obtain a certification under this
section shall submit a written request to the Director. Each request
shall be executed under the penalties of perjury and contain
information sufficient for the Director to make such certification.
Such information shall include statistical data, official reports, or
other statements of government agencies pertaining to the ratio of law
enforcement officers to the number of square miles of land area of a
State and statements of government agencies and private utility
companies regarding the absence of telecommunications facilities in the
geographical area in which the licensee's business premises are
located.
Signed: January 21, 1994.
Daniel R. Black,
Acting Director.
Approved: January 27, 1994.
John P. Simpson,
Deputy Assistant Secretary (Regulatory, Tariff and Trade Enforcement).
[FR Doc. 94-3227 Filed 2-11-94; 8:45 am]
BILLING CODE 4810-31-U
