CFR-2011-title27-vol3-sec478

Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice
must be reported not later than the close of
business on the date of the transaction.
Example. 2. A licensee sells a pistol on Monday and sells a revolver on the following Friday to the same unlicensed person. This is a
multiple sale and must be reported not later
than the close of business on Friday. If the
licensee sells the same unlicensed person another pistol or revolver on the following
Monday, this would constitute an additional
multiple sale and must also be reported.
Example 3. A licensee maintaining business
hours on Monday through Saturday sells a
revolver to an unlicensed person on Monday
and sells another revolver to the same person on the following Saturday. This does not
constitute a multiple sale and need not be
reported since the sales did not occur during
five consecutive business days.

§ 478.128 False statement or representation.
(a) Any person who knowingly makes
any false statement or representation
in applying for any license or exemption or relief from disability, under the
provisions of the Act, shall be fined not
more than $5,000 or imprisoned not
more than 5 years, or both.
(b) Any person other than a licensed
manufacturer, licensed importer, licensed dealer, or licensed collector who
knowingly makes any false statement
or representation with respect to any
information required by the provisions
of the Act or this part to be kept in the
records of a person licensed under the
Act or this part shall be fined not more
than $5,000 or imprisoned not more
than 5 years, or both.
(c) Any licensed manufacturer, licensed importer, licensed dealer, or licensed collector who knowingly makes
any false statement or representation
with respect to any information required by the provisions of the Act or
this part to be kept in the records of a
person licensed under the Act or this
part shall be fined not more than $1,000
or imprisoned not more than 1 year, or
both.

(Approved by the Office of Management and
Budget under control number 1140–0003)
[T.D. ATF–16, 40 FR 19202, May 2, 1975, as
amended by T.D. ATF–172, 49 FR 14942, Apr.
16, 1984; T.D. ATF–270, 53 FR 10505, Mar. 31,
1988; T.D. ATF–354, 59 FR 7113, Feb. 14, 1994;
T.D. ATF–361, 60 FR 10787, Feb. 27, 1995; ATF–
11F, 73 FR 57242, Oct. 2, 2008]

§ 478.127

Discontinuance of business.

Where a licensed business is discontinued and succeeded by a new licensee,
the records prescribed by this subpart
shall appropriately reflect such facts
and shall be delivered to the successor.
Where discontinuance of the business is
absolute, the records shall be delivered
within 30 days following the business
discontinuance to the ATF Out-ofBusiness Records Center, 244 Needy
Road, Martinsburg, West Virginia
25405, or to any ATF office in the division in which the business was located:
Provided, however, Where State law or
local ordinance requires the delivery of
records to other responsible authority,
the Chief, Federal Firearms Licensing
Center may arrange for the delivery of
the records required by this subpart to
such authority: Provided further, That
where a licensed business is discontinued and succeeded by a new licensee,
the records may be delivered within 30
days following the business discontinuance to the ATF Out-of-Business
Records Center or to any ATF office in
the division in which the business was
located.
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§ 478.129

[T.D. ATF–270, 53 FR 10505, Mar. 31, 1988]

§ 478.129

Record retention.

(a) Records prior to Act. Licensed importers and licensed manufacturers
may dispose of records of sale or other
disposition of firearms prior to December 16, 1968. Licensed dealers and licensed collectors may dispose of all
records of firearms transactions that
occurred prior to December 16, 1968.
(b) Firearms transaction record. 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. Where a licensee has initiated a NICS check for a proposed firearms transaction, but the sale, delivery, or transfer of the firearm is not
made, the licensee shall record any
transaction number on the Form 4473,
and retain the Form 4473 for a period of
not less than 5 years after the date of
the NICS inquiry. Forms 4473 shall be
retained in the licensee’s records as
provided in § 478.124(b): Provided, That
Forms 4473 with respect to which a

[T.D. ATF–290, 54 FR 53055, Dec. 27, 1989, as
amended by T.D. ATF–363, 60 FR 17455, Apr.
6, 1995; ATF–11F, 73 FR 57242, Oct. 2, 2008]

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