Dlr-09 Gun Shows Sample Policy

See Below or Attached

Find attached: Orchid FFLPP Dlr-09 Gun Shows Sample Policy

Version: 1 2021.07.20

Dealer-9

Sample Policy

Gun Shows

a.     Overview

·       This document specifies the procedures for:

-   Firearm transfer rules at gun shows in and out of FFL’s state

-   Firearm point of sale requirements (NICS, ATF Form 4473)

-   Proper recording of acquisitions and dispositions of transfers occurring at gun shows

-   Firearm physical security at gun shows

b.     Applicable Regulations and Forms

·       The Gun Control Act

·       The National Firearms Act

·       ATF Information 5300.23A – Important Notice to FFLs and Other Participants at Gun Shows

·       A&D Book

·       ATF Form 4473 – Firearms Transaction Record

·       ATF Form 3310.4 – Report of Multiple Sale or Other Disposition of Pistols and Revolvers

·       ATF Form 3310.12 – Report of Multiple Sale or Other Disposition of Certain Rifles

·       Federal Firearms License

a.     Reports and Tools

·       NICS Background Checks

·       ATF FFL EZ Check System

b.     Gun Show Inventory

·       Firearms transported to gun shows from the licensed facility must be unloaded and made safe prior to transport.

·       Employees must take an accurate inventory of all firearms being transported to the show prior to leaving the licensed place of business and once again upon arrival at the gun show.

·       [employee or dept tbd by company] shall compile a list of firearms taken to the show and such list shall be  retained at the licensed premises.

·       Employees at the show must never leave firearms unattended while unloading vehicles and setting up displays.

·       A copy of the FFL must be displayed at the booth while at the gun show. 

·       Employees at the show must keep a watchful eye on firearms displayed at all times.

·       Any given employee at the show should handle one firearm and one customer at a time.

·       If the show spans multiple days, employees shall ensure that all firearms that have yet to be transferred are accounted for each night and every morning.  

-   If any firearms are discovered missing, employees at the show must report the missing items to [employee or dept tbd by company] immediately upon such discovery. 

c.     Gun Show Record Keeping

·       All recordkeeping requirements applicable to FFLs at their licensed premises apply to FFLs at gun shows.  As such, any transfers that take place must be in compliance with all applicable regulations and rulings regarding such records; i.e., transfers to non-licensed persons must occur via the 4473 transfer process (and multiple sales form completion, if applicable), and transfers to other FFLs may be made following receipt of a certified copy of the FFL’s license. 

·       All acquisitions and dispositions that occur at the show must be entered into the A&D Book.  As such, employees at the show must notify [employee or dept tbd by company] of all such transactions so that the record entries may be made.

d.    Gun Show Compliance

·       FFLs licensed in the state in which the gun show is taking place:

-   MUST display a copy of their license.

-   MAY acquire firearms from any non-licensee and any FFL licensed in the State.

-   MAY dispose of firearms to any FFL, provided they receive a certified copy of the FFL’s license. 

-   MAY dispose of long guns to residents of any State if the purchaser is at least 18 years old, the Form 4473 transfer process is followed (ref. Policy Dlr-02), and the transfer complies with the laws of both States (e.g., the firearm is not prohibited in the purchaser’s state of residence, the purchaser’s state of residence allows its residents to purchase firearms in your state, the purchaser has any required license/permit, etc.).

-   MAY dispose of handguns, receivers, frames, and other “firearms” that are not long guns, to residents of the state in which the FFL is licensed and the gun show is occurring if the purchaser is at least 21 years old and the Form 4473 transfer process is followed (ref. Policy Dlr-02), and, if necessary, the Report of Multiple Sale or Other Disposition of Pistols and Revolvers, or the Report of Multiple Sale or Other Disposition of Certain Rifles is completed. 

-   MAY take orders of any firearm from a non- licensee who does not reside in the state and subsequently ship the same to an FFL in the purchaser’s state of residence – after receiving a certified copy of the FFL’s license prior to shipment – from whom the purchaser can then obtain possession. 

-   MAY NOT acquire firearms from an FFL licensed in another state. 

·       FFLs not licensed in the state in which the gun show is taking place:

-   MUST display a copy of their license.

-   MAY acquire firearms from any FFL licensed in the State and from any non-licensee.

-   MAY display firearms and take orders without transferring possession of sold firearms.

-   MAY sell and deliver curio or relic firearms to any other FFL licensed in any State as long as there is compliance with the laws of both States. 

-   MAY NOT transfer firearms to any individual or FFL. 

e.     Gun Show Transfers/ Sales

·       All firearm sales must be recorded in the A&D book and have the supporting sales paperwork.

·       For transfers to non-FFLs that are permissible in accordance with the above, reference Policy Dlr-02 for the appropriate transfer process.  The following reflect points of emphasis and do not take into account all requirements outlined by the procedure in that document.

-   An ATF Form 4473 is required for transfers to non-licensees who may take immediate possession of the firearm on site.  These transfers also require:

·       A NICS background check approval prior to transfer. 

·       Proper government-issued identification provided by the purchaser. 

·       Recording of the event name and the location on the Form 4473 (currently question 25 in the May 2020 revision of the Form 4473). 

·       For multiple handgun sales, a Report of Multiple Sale or Other Disposition of Pistols and Revolvers, and recording of the event name and location on that form. 

·       If located in one of the four border states of Arizona, California, New Mexico, or Texas, for applicable rifle sales, completion of a Report of Multiple Sale or Other Disposition of Certain Rifles, and recording of the event name and location on that form. 

-   For sales to non-licensees who will take possession of the firearm in another state (i.e., the firearm will be shipped to an FFL in their state of residence for transfer), a certified copy of the license of the FFL to which the firearms shall be shipped shall be obtained prior to shipment of the firearm to that FFL. 

·       If possible, the FFL should be validated through ATF’s FFL EZcheck database online. 

·       For transfers to FFLs that are permissible in accordance with the above, a certified copy of the license shall be obtained prior to transfer of the firearm to the purchasing FFL. 

-   If possible, the FFL should be validated through ATF’s FFL EZcheck database online. 

·       Oversight of gun show regulatory duties -  [employee or department tbd by company]

-   Supervision and oversight of gun show inventory 

-   Completion and maintenance of paperwork

-   Completion of background check 

-   Provision of information to licensed premises for A&D Book entry