27 CFR 478.134 Sale of Firearms to Law Enforcement Officers

[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: 27CFR478.134]

[Page 118]

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. 478.134 Sale of firearms to law enforcement officers.

(a) Law enforcement officers purchasing firearms for official use
who provide the licensee with a certification on agency letterhead,
signed by a person in authority within the agency (other than the
officer purchasing the firearm), stating that the officer will use the
firearm in official duties and that a records check reveals that the
purchasing officer has no convictions for misdemeanor crimes of domestic
violence are not required to complete Form 4473 or Form 5300.35. The law
enforcement officer purchasing the firearm may purchase a firearm from a
licensee in another State, regardless of where the officer resides or
where the agency is located.
(b)(1) The following individuals are considered to have sufficient
authority to certify that law enforcement officers purchasing firearms
will use the firearms in the performance of official duties:
(i) In a city or county police department, the director of public
safety or the chief or commissioner of police.
(ii) In a sheriff's office, the sheriff.
(iii) In a State police or highway patrol department, the
superintendent or the supervisor in charge of the office to which the
State officer or employee is assigned.
(iv) In Federal law enforcement offices, the supervisor in charge of
the office to which the Federal officer or employee is assigned.
(2) An individual signing on behalf of the person in authority is
acceptable, provided there is a proper delegation of authority.
(c) Licensees are not required to prepare a Form 4473 or Form
5300.35 covering sales of firearm made in accordance with paragraph (a)
of this section to law enforcement officers for official use. However,
disposition to the officer must be entered into the licensee's permanent
records, and the certification letter must be retained in the licensee's
files.

[T.D. ATF-401, 63 FR 35523, June 30, 1998]