27 Cfr 478.125

27 CFR 478.125(d).htm

Manufacturers of Ammunition, Records and Supporting Data of Ammunition Manufactured and Disposed of

27 CFR 478.125

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[Code of Federal Regulations]
[Title 27, Volume 2]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 27CFR478.125]

[Page 110-113]
 
            TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS
 
   CHAPTER II--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, 
                          DEPARTMENT OF JUSTICE
 
PART 478_COMMERCE IN FIREARMS AND AMMUNITION--Table of Contents
 
                            Subpart H_Records
 
Sec. 478.125  Record of receipt and disposition.

    (a) Armor piercing ammunition sales by licensed collectors to 
nonlicensees. The sale or other disposition of armor piercing ammunition 
by licensed collectors shall be recorded in a bound record at the time a 
transaction is made. The bound record shall be maintained in 
chronological order by date of sale or disposition of the armor piercing 
ammunition, and shall be retained on the licensed premises of the 
licensee for a period not less than two years following the date of the 
recorded sale or disposition of the armor piercing ammunition. The bound 
record entry shall show:
    (1) The date of the transaction;
    (2) The name of the manufacturer;
    (3) The caliber or gauge;
    (4) The quantity of projectiles;
    (5) The name, address, and date of birth of the nonlicensee; and
    (6) The method used to establish the identity of the armor piercing 
ammunition purchaser.
    The format required for the bound record is as follows:

                                 Disposition Record of Armor Piercing Ammunition
----------------------------------------------------------------------------------------------------------------
                                                              Purchaser          Enter a (x) in the ``known''
                                                       ----------------------  column if purchaser is personally
                                                                              known to you. Otherwise, establish
  Date      Manufacturer    Caliber or    Quantity of                           the purchaser's identification
                               gauge      projectiles    Name and   Date of  -----------------------------------
                                                         address     birth                Driver's    Other type
                                                                                Known      license    (specify)
----------------------------------------------------------------------------------------------------------------



However, when a commercial record is made at the time a transaction is 
made, a licensee may delay making an entry into the bound record if the 
provisions of paragraph (d) of this section are complied with.
    (b) Armor piercing ammunition sales by licensed collectors to 
licensees. Sales or other dispositions of armor piercing ammunition from 
a licensed collector to another licensee shall be recorded

[[Page 111]]

and maintained in the manner prescribed in Sec. 478.122(b) for 
importers: Provided, That the license number of the transferee may be 
recorded in lieu of the transferee's address.
    (c) Armor piercing ammunition sales by licensed dealers to 
governmental entities. A record of armor piercing ammunition disposed of 
by a licensed dealer to a governmental entity pursuant to Sec. 
478.99(e) shall be maintained by the licensed dealer on the licensed 
premises and shall show the name of the manufacturer, the caliber or 
gauge, the quantity, the name and address of the entity to which the 
armor piercing ammunition was transferred, and the date of the 
transaction. Such information shall be recorded under the format 
prescribed by Sec. 478.122(b). Each licensed dealer disposing of armor 
piercing ammunition pursuant to Sec. 478.99(e) shall also maintain a 
record showing the date of acquisition of such ammunition which shall be 
filed in an orderly manner separate from other commercial records 
maintained and be readily available for inspection. The records required 
by this paragraph shall be retained on the licensed premises of the 
licensee for a period not less than two years following the date of the 
recorded sale or disposition of the armor piercing ammunition.
    (d) Commercial records of armor piercing ammunition transactions. 
When a commercial record is made at the time of sale or other 
disposition of armor piercing ammunition, and such record contains all 
information required by the bound record prescribed by paragraph (a) of 
this section, the licensed collector transferring the armor piercing 
ammunition may, for a period not exceeding 7 days following the date of 
such transfer, delay making the required entry into such bound record: 
Provided, That the commercial record pertaining to the transfer is:
    (1) Maintained by the licensed collector separate from other 
commercial documents maintained by such licensee, and
    (2) Is readily available for inspection on the licensed premises 
until such time as the required entry into the bound record is made.
    (e) Firearms receipt and disposition by dealers. Except as provided 
in Sec. 478.124a with respect to alternate records for the receipt and 
disposition of firearms by dealers, each licensed dealer shall enter 
into a record each receipt and disposition of firearms. In addition, 
before commencing or continuing a firearms business, each licensed 
dealer shall inventory the firearms possessed for such business and 
shall record same in the record required by this paragraph. The record 
required by this paragraph shall be maintained in bound form under the 
format prescribed below. The purchase or other acquisition of a firearm 
shall, except as provided in paragraph (g) of this section, be recorded 
not later than the close of the next business day following the date of 
such purchase or acquisition. The record shall show the date of receipt, 
the name and address or the name and license number of the person from 
whom received, the name of the manufacturer and importer (if any), the 
model, serial number, type, and the caliber or gauge of the firearm. The 
sale or other disposition of a firearm shall be recorded by the licensed 
dealer not later than 7 days following the date of such transaction. 
When such disposition is made to a nonlicensee, the firearms transaction 
record, Form 4473, obtained by the licensed dealer shall be retained, 
until the transaction is recorded, separate from the licensee's Form 
4473 file and be readily available for inspection. When such disposition 
is made to a licensee, the commercial record of the transaction shall be 
retained, until the transaction is recorded, separate from other 
commercial documents maintained by the licensed dealer, and be readily 
available for inspection. The record shall show the date of the sale or 
other disposition of each firearm, the name and address of the person to 
whom the firearm is transferred, or the name and license number of the 
person to whom transferred if such person is a licensee, or the firearms 
transaction record, Form 4473, serial number if the licensed dealer 
transferring the firearm serially numbers the Forms 4473 and files them 
numerically. The format required for the record of receipt and 
disposition of firearms is as follows:

[[Page 112]]



                                                       Firearms Acquisition and Disposition Record
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                    Description of firearm                                            Receipt                    Disposition
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                           Address or
                                                                                                          Name and                       license No. if
                                                                 Serial               Caliber            address or                    licensee, or Form
           Manufacturer and/or Importer               Model       No.        Type     or gauge    Date    name and     Date     Name    4473 Serial No.
                                                                                                           license                       if Forms 4473
                                                                                                             No.                       filed numerically
--------------------------------------------------------------------------------------------------------------------------------------------------------

--------------------------------------------------------------------------------------------------------------------------------------------------------

    (f) Firearms receipt and disposition by licensed collectors. Each 
licensed collector shall enter into a record each receipt and 
disposition of firearms curios or relics. The record required by this 
paragraph shall be maintained in bound form under the format prescribed 
below. The purchase or other acquisition of a curio or relic shall, 
except as provided in paragraph (g) of this section, be recorded not 
later than the close of the next business day following the date of such 
purchase or other acquisition. The record shall show the date of 
receipt, the name and address or the name and license number of the 
person from whom received, the name of the manufacturer and importer (if 
any), the model, serial number, type, and the caliber or gauge of the 
firearm curio or relic. The sale or other disposition of a curio or 
relic shall be recorded by the licensed collector not later than 7 days 
following the date of such transaction. When such disposition is made to 
a licensee, the commercial record of the transaction shall be retained, 
until the transaction is recorded, separate from other commercial 
documents maintained by the licensee, and be readily available for 
inspection. The record shall show the date of the sale or other 
disposition of each firearm curio or relic, the name and address of the 
person to whom the firearm curio or relic is transferred, or the name 
and license number of the person to whom transferred if such person is a 
licensee, and the date of birth of the transferee if other than a 
licensee. In addition, the licensee shall cause the transferee, if other 
than a licensee, to be identified in any manner customarily used in 
commercial transactions (e.g., a driver's license), and shall note on 
the record the method used. In addition, the licensee shall--
    (1) Cause the transferee, if other than a licensee, to be identified 
in any manner customarily used in commercial transactions (e.g., a 
driver's license), and note on the record the method used, and
    (2) In the case of a transferee who is an alien legally in the 
United States and who is other than a licensee--
    (i) Verify the identity of the transferee by examining an 
identification document (as defined in Sec. 478.11), and
    (ii) Cause the transferee to present documentation establishing that 
the transferee is a resident of the State (as defined in Sec. 478.11) 
in which the licensee's business premises is located if the firearm 
curio or relic is other than a shotgun or rifle, and note on the record 
the documentation used or is a resident of any State and has resided in 
such State continuously for at least 90 days prior to the transfer of 
the firearm if the firearm curio or relic is a shotgun or rifle and 
shall note on the record the documentation used. Examples of acceptable 
documentation include utility bills or a lease agreement which show that 
the transferee has resided in the State continuously for at least 90 
days prior to the transfer of the firearm curio or relic.
    (3) The format required for the record of receipt and disposition of 
firearms by collectors is as follows:

[[Page 113]]



                                                 Firearms Collectors Acquisition and Disposition Record
--------------------------------------------------------------------------------------------------------------------------------------------------------
                           Description of firearm                                Receipt                             Disposition
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                   Name and         Name and                               For transfers
                                                                                    address         address                   Driver's       to aliens,
                                                      Serial        Caliber         or name         or name     Date of    license No. or  documentation
         Manufacturer and/or importer          Model    No.   Type     or    Date     and    Date     and       birth if        other         used to
                                                                     gauge          license         license   nonlicensee  identification    establish
                                                                                      No.             No.                  if nonlicensee    residency
--------------------------------------------------------------------------------------------------------------------------------------------------------






--------------------------------------------------------------------------------------------------------------------------------------------------------

    (g) Commercial records of firearms received. When a commercial 
record is held by a licensed dealer or licensed collector showing the 
acquisition of a firearm or firearm curio or relic, and such record 
contains all acquisition information required by the bound record 
prescribed by paragraphs (e) and (f) of this section, the licensed 
dealer or licensed collector acquiring such firearm or curio or relic, 
may, for a period not exceeding 7 days following the date of such 
acquisition, delay making the required entry into such bound record: 
Provided, That the commercial record is, until such time as the required 
entry into the bound record is made, (1) maintained by the licensed 
dealer or licensed collector separate from other commercial documents 
maintained by such licensee, and (2) readily available for inspection on 
the licensed premises: Provided further, That when disposition is made 
of a firearm or firearm curio or relic not entered in the bound record 
under the provisions of this paragraph, the licensed dealer or licensed 
collector making such disposition shall enter all required acquisition 
information regarding the firearm or firearm curio or relic in the bound 
record at the time such transfer or disposition is made.
    (h) Alternate records. Notwithstanding the provisions of paragraphs 
(a), (e), and (f) of this section, the Director of Industry Operations 
may authorize alternate records to be maintained by a licensed dealer or 
licensed collector to record the acquisition and disposition of firearms 
or curios or relics and the disposition of armor piercing ammunition 
when it is shown by the licensed dealer or the licensed collector that 
such alternate records will accurately and readily disclose the required 
information. A licensed dealer or licensed collector who proposes to use 
alternate records shall submit a letter application, in duplicate, to 
the Director of Industry Operations and shall describe the proposed 
alternate records and the need therefor. Such alternate records shall 
not be employed by the licensed dealer or licensed collector until 
approval in such regard is received from the Director of Industry 
Operations.
    (i) Requirements for importers and manufacturers. Each licensed 
importer and licensed manufacturer selling or otherwise disposing of 
firearms or armor piercing ammunition to nonlicensees shall maintain 
such records of such transactions as are required of licensed dealers by 
this section.

(Approved by the Office of Management and Budget under control number 
1512-0387)

[T.D. ATF-270, 53 FR 10503, Mar. 31, 1988, as amended by T.D. ATF-273, 
53 FR 24687, June 30, 1988; T.D. ATF-313, 56 FR 32508, July 17, 1991; 
T.D. ATF-389, 62 FR 19445, Apr. 21, 1997]




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