Glossary
Glossary
The defined words this book turns on, in the sense the regulation uses them. Each entry links to the sections that teach it.
67 terms
A
- Abandoned application
An application ATF treats as given up because a deficiency was not corrected and returned within the period allowed. The merits are never reached.
→ 2.2- Acquisition
A firearm coming into the business — the receipt side of the bound record, and the one on the tighter clock.
→ 8.1- Amended license
The license reissued after a change to the business, such as a move or a correction. It runs for the remainder of the original term rather than starting a new one.
→ 3.1→ 3.2- Ammunition
Defined narrowly around components — cases, primers, bullets, or propellant powder for use in a firearm other than an antique firearm — with carve-outs for loose shotgun shot and empty non-metallic hulls without a primer.
→ 1.4- Antique firearm
A category the firearm definition expressly excludes, so an antique is outside the rules that follow from being a firearm.
→ 1.4- Armor piercing ammunition
Ammunition subject to its own identification and labeling rules, including the opaque black coloring on the projectile and the governmental-or-export legend on the package.
→ 7.5- ATF Form 1
Application to Make and Register a Firearm. Filed in duplicate under penalties of perjury; the Director approval both permits the making and effectuates registration.
→ 11.2- ATF Form 3
Application for a tax-exempt transfer between two persons qualified under the NFA part — the route trade between qualified licensees moves on.
→ 11.3- ATF Form 4
Application for Tax Paid Transfer and Registration of Firearm. Filed by the transferor; the transferee may not take possession until it is approved.
→ 11.3- ATF Form 5300.38
The Application for an Amended Federal Firearms License — used to move the business to a new location.
→ 3.2- ATF Form 5630.7
Special Tax Registration and Return. Filing it properly, signed and on time, is what constitutes compliance with the special tax.
→ 11.1- ATF Form 6
The import permit application. Part I is used by licensed importers and by other licensees; Part II is the service-member permit.
→ 10.2→ 10.3- ATF Form 7
The application for a federal firearms license, executed under penalties of perjury.
→ 2.2- ATF Out-of-Business Records Center
Where the records go when a business closes absolutely, within 30 days — the alternative being any ATF office in the division.
→ 12.5
B
C
- Change of control
A change in actual or legal control of a licensed corporation — direct or indirect, by stock ownership, by operation of law, or otherwise — which starts a notification clock.
→ 3.3- Chief, Federal Firearms Licensing Center
The official who issues, amends, and endorses licenses. Distinct from the Director of Industry Operations, who handles denials, hearings, and revocations.
→ 2.1→ 2.3- Collector
A person who acquires, holds, or disposes of firearms as curios or relics. The license covers that activity alone and does not permit a business otherwise requiring a license.
→ 1.2- Conditional importation
Importation permitted so the goods can be examined and tested to decide whether they may be imported at all. Admission is provisional, and the Director may require export or destruction if the answer is no.
→ 10.2- Curios or relics
Firearms of special interest to collectors for some quality other than sporting or defensive use, falling within one of three categories — age of at least 50 years excluding replicas, museum curator certification, or substantial value from novelty, rarity, or historical association.
→ 1.2→ 10.4
D
- Dealer
A person engaged in the business of selling firearms at wholesale or retail, of repairing firearms or fitting special barrels, stocks, or trigger mechanisms, or any pawnbroker. Part-time activity counts.
→ 1.2- Destructive device
A restricted category carrying its own transfer requirements, including the sworn statement of reasonable necessity, and its own place in the license fee schedule.
→ 6.5→ 2.2- Director of Industry Operations
The official who receives hearing requests and conducts the proceedings that follow a denial, suspension, revocation, or civil fine.
→ 4.2→ 4.3- Disability
The status that stops a person shipping, transporting, possessing, or receiving firearms. Certain events remove it; others merely appear to.
→ 12.3- Discontinuance
The end of a licensed business. It triggers notification, the disposal of former licensee inventory, and the delivery of the records.
→ 3.5→ 12.5- Disposition
A firearm leaving the business — the second half of a bound-record entry, recorded within seven days of the transaction.
→ 8.1
E
- Engaged in the business
The fact-specific test, decided on the totality of the circumstances, that makes a seller a dealer. There is no minimum number of firearms and no minimum number of transactions.
→ 1.3- Expunction
One of the events that can remove a disability, alongside a pardon, a reversal, a setting aside, or a restoration of civil rights — unless it forbids firearms expressly or does not fully restore firearms rights.
→ 12.3
F
- Firearm
A weapon that expels a projectile by an explosive, its frame or receiver, a muffler or silencer, or a destructive device — and also a weapon parts kit that may readily be completed to expel a projectile. Antiques are excluded.
→ 1.4- Form 4473
The firearms transaction record completed on a transfer to a non-licensee, and retained until the business is discontinued.
→ 8.2→ 8.4- Former licensee inventory
The firearms remaining when a license ends, which must be liquidated or transferred within the period the regulation allows.
→ 3.5
G
- Gun Control Act of 1968
The statute Part 478 carries out — the commerce side of federal firearms law, as distinct from the National Firearms Act.
→ 1.1- Gun show or event
A temporary location that becomes part of the licensed premises for the duration, which is why no separate fee or license is required to trade there.
→ 6.2
I
K
- Knowingly
The mental state the false-statement provisions turn on. It reaches a statement the person knew was untrue, and not an honest mistake.
→ 12.1
L
- License fee
The amount due with the application, set by license type and term. An insufficient fee is one of the ways an application fails before its merits are reached.
→ 2.2
M
- Machine gun
A firearm whose transfer and possession are prohibited except in the categories the regulation excepts — government transfers and possession, and lawful possession predating May 19, 1986.
→ 6.5→ 11.4- Manufacturer
A person engaged in the business of manufacturing firearms or ammunition, including part-time operations.
→ 1.2- Multiple sale
Two or more pistols or revolvers, in any combination, sold or otherwise disposed of to one unlicensed person at one time or during any five consecutive business days.
→ 9.1
N
- National Firearms Act
The tax-and-registration regime Part 479 carries out, covering machine guns, destructive devices, and certain other firearms.
→ 1.1→ 11.1- National Firearms Registration and Transfer Record
The central registry of NFA firearms in the United States not under the control of the United States. Approval of a making or transfer application is what places a firearm on it.
→ 11.2- National Tracing Center
The ATF office whose request for record information a licensee must answer immediately, and in no event later than 24 hours after receipt.
→ 8.5- NICS
The National Instant Criminal Background Check System — contacted before a transfer to a non-licensee, and the source of the Proceed, Delayed, and Denied responses.
→ 5.1
P
- Pardon
An act that removes a disability arising from a conviction — presidential for a federal conviction, or by a State or foreign pardoning authority — subject to the two conditions that can take that relief away.
→ 12.3- Part 478
The regulation governing commerce in firearms and ammunition, and the rulebook a federal firearms licensee lives under.
→ 1.1- Part 479
The companion regulation governing the National Firearms Act side: machine guns, destructive devices, and certain other firearms subject to registration.
→ 1.1→ 11.1- Personal firearms collection
Firearms a licensee owns personally rather than as business inventory. A later sale from it escapes the counter regime only where the holding period and all three recording conditions are met.
→ 8.3- Predominantly earn a profit
Part of the test for being engaged in the business — the purpose of obtaining pecuniary gain, as opposed to improving or liquidating a personal collection.
→ 1.3- Privately made firearm
A firearm, including a frame or receiver, produced by someone other than a licensed manufacturer and never given a serial number by one when produced. Also written PMF.
→ 1.4→ 7.3- Proceed notification
The clean NICS response, carrying a unique identification number, at which point the transfer may go ahead.
→ 5.1- Prohibited person
A person to whom a licensee may not transfer a firearm, identified either by an event in their history or by a personal condition or standing.
→ 5.3
R
- Rebuttable presumption
A conclusion taken as true in civil and administrative proceedings unless the person produces reliable evidence otherwise — used in the engaged-in-the-business test.
→ 1.3- Responsible person
A term the book uses in two distinct senses. On the NFA side (§§ 11.2, 11.3), each individual behind a non-licensee entity for whom the Form 1 or Form 4 information must be furnished. At closing (§ 3.5), a person of the former licensee to whom the remaining inventory may be transferred, where receipt, possession, sale, or other disposition is not prohibited by law.
→ 3.5→ 11.2→ 11.3- Right of succession
The right of certain persons to carry on a licensed business after a death, secured by furnishing the license for endorsement within the period allowed, and running only for the remainder of the term.
→ 3.4
S
- Sales sample
A post-1986 machine gun transferred to a qualified dealer for demonstration to governmental customers, approved only on specific evidence including letters from those entities.
→ 11.4- Secure gun storage or safety device
What a licensee must have available, with the transfer of a handgun conditioned on it and a written notification given to the purchaser.
→ 5.5- Serial number
The individual number placed on the frame or receiver in a manner not susceptible of being readily obliterated, altered, or removed, subject to minimum depth and print size.
→ 7.2- Short-barreled shotgun
One of the restricted firearms whose transfer carries requirements beyond an ordinary counter transaction.
→ 6.5- Special (occupational) tax
The annual tax on the OCCUPATION of importing, manufacturing, or dealing in NFA firearms. Separate from the license fee, due on or before July 1, and never prorated.
→ 11.1- Special tax stamp
The receipt issued on a properly completed return with full payment. It evidences that the occupational tax is paid and nothing more.
→ 11.1
T
- Transfer tax
The tax on an NFA firearm transfer, payable by the transferor, and evidenced by the National Firearms Act stamp affixed to the approved application.
→ 11.3