Advising on the matter of
Multiple Handgun Sales Reporting
Federal Firearms Licensees are obligated to report the sale or transfer of multiple handguns and in more limited cases, multiple rifles (which we will review in next month’s article) to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Title 27 CFR 478.126a states: § 478.126a Reporting multiple sales or other disposition of pistols and revolvers. “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…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…” (emphasis added). This regulation applies to all types of FFLs and is not limited by geographical location. If you have an FFL you are obligated to meet the requirements set forth in the regulation. The most recent information available on ATF’s website indicates that failing to meet the provisions of this regulation was the 7th most cited violation during fiscal year 2017 compliance inspections conducted by ATF. Knowing the regulation is the first step; however, understanding what you and your team must do on a daily basis to comply is the key to meeting your compliance goals. It is imperative that you have a sound and effective Standard Operating Procedure (SOP) in place to keep you in compliance with § 478.126a. When developing an SOP for Multiple Handgun Sales Reporting the following should be considered: • ATF Form 3310.4 only applies to transfers of handguns as defined in the Gun Control Act of 1968. Therefore, transfer and sale of frames/receivers and “other” firearms are not applicable to this regulation. • You MUST submit the completed ATF F 3310.4 to ATF by the end of business ON the day the second handgun is transferred. That means weekends and any day in which you are open for business, including holidays, are applicable. 26 • NRA CLUB CONNECTION • Spring 2019