Form 4473

Form 4473

The way to complete the Online 4473 form on the internet:
• To begin the blank, utilize the Fill & Sign Online button or tick the preview image of the form.
• The advanced tools of the editor will lead you through the editable PDF template.
• Enter your official identification and contact details.
• Use a check mark to indicate the answer where expected.
• Double check all the fillable fields to ensure complete precision.
• Use the Sign Tool to create and add your electronic signature to certify the 4473 form.
• Press Done after you fill out the blank.
• Now you can print, download, or share the form.
• Address the Support section or contact our Support crew in case you have got any questions.

By contacting Ascent Law LLC, we’re able help you with any necessary edits to 4473 form, make your customized digital signature in a few fast steps, and streamline your workflow without leaving your home or office.

Who needs a Form ATF 4473?

This form is to be filled out every single time a person buys a firearm from a Federal Firearms License dealer. This provision doesn’t apply to private sales when a person is buying a firearm from their relative or a friend. The ATF 4473 form, or Firearms Transaction Record, should be completed by both the seller and the buyer of the firearm.

What is Form ATF 4473 for?

The information a person provides will be used to determine whether a buyer is prohibited by law from receiving a firearm. Certain violations of the Gun Control Act, 18 U.S.C. are punishable by up to 10 years of incarceration and up to a $250,000 fine. Also, form 4473 is used to alert the buyer of certain restrictions on the receipt and possession of firearms. The seller of a firearm must determine the lawfulness of the transaction and maintain proper records. After the seller has completed the firearms transaction, they must complete this form and retain it for 20 years after the transaction. Please note that even petitions that have been denied should be kept in the seller’s personal records for the next five years.

Is Form ATF 4473 accompanied by other forms?

The buyer must provide a valid document that certifies their identity and place of residence. A buyer should use the document issued in the state where they are trying to purchase the firearm. This document must contain a photo and age information.

How do I fill out Form ATF 4473?

Mistakes made on the ATF 4473 form contribute to over eighty percent of all FFL dealers losing their licenses. It is essential that the form is filled out carefully. Abbreviations should not be used, and all of the “yes or no” questions should be answered without exceptions. You can fill out form 4473 online.

The following items must be completed by the buyer:
• Personal Information (including residence address, place of birth, SSN);
• Questionnaire about mental and physical health, as well as past violations of the law.
The following items must be completed by the seller:
• Types and identification of the firearm(s) to be transferred;
• Buyer’s documents verification;
• NICS information status;
• Description of all the firearms sold to the specific buyer (Manufacturer, importer, model, serial number, type, and caliber must be specified).

Where do I send Form ATF 4473?

Once completed and signed by both parties, the original form should be kept by the firearm dealer for their personal records. Use this online 4473 form to send it electronically.

Firearm Transfers

In 1993, Congress enacted the Handgun Violence Protection Act, commonly referred to as the “Brady Bill.” The Act requires background checks be conducted on individuals purchasing handguns from federally licensed firearms dealers. The responsibility for conducting these background checks rests with state and local government. In Utah, local law enforcement was ill prepared to assume this additional burden. However, through the efforts of the Utah Chiefs of Police Association, the Utah Sheriff’s Association and the Utah Department of Public Safety, legislation was introduced during the 1994 Session by Senator Lane Beattie and eleven co-sponsors requiring criminal background checks for purchase of firearms and identifying the Bureau of Criminal Identification (BCI) as the clearinghouse for conducting these checks. A number of advantages became apparent with BCI as a central contact point. One was the ability to implement an “instant check” system, which was possible because of the level of computer technology utilized at BCI. Another was the installation of a single telephone number for Federal Firearm Licensees (FFL) to access BCI for background checks no matter where they were in the state. Although the Brady Bill fails to address a number of issues surrounding firearms purchases, the impact of the legislation has been positive and useful as a tool for law enforcement. The process of conducting a criminal background check on firearms purchasers might have begun with the Gun Control Act of 1968. As a component of the Act, firearms purchasers fill out ATF Form 4473, which requires an individual to declare the fact that he or she has not been convicted of a felony in the country, along with other questions which when answered “yes” would preclude the purchase of a firearm. Prior to the Brady Bill, these forms were kept on file with the dealer and were reviewed some time after the sale of the firearm. Today, gun dealers and law enforcement can ensure that the purchaser is being truthful in answering the questions before he/she gets a firearm.

ATF Form 4473 – Firearms Transaction Record Revisions

• Form Title: Removed “Part I-Over-the-Counter”
• Warning Statement: Clarifies that the form is to be completed at the licensed premises unless the transaction qualifies under 18 U.S.C. 922(c).
Section A
• Question 1: Clarifies that transferee’s/buyers with a legal name that contains an initial only should record “IO” (including the quotation marks, i.e. John W. “IO” Smith). Also clarifies that transferee’s/buyer’s with a legal name that contains a suffix (e.g., Jr, Sr, II, III) should record the information with their last name.
• Question 2: Incorporated State of Residence information from former Question 13.
• Question 6: Changed “Gender” to “Sex”.
• Questions 10.a. and 10.b: Clarifies that both questions must be answered.
• Question 11.e: Added a warning statement regarding marijuana that has been legalized or decriminalized for medicinal or recreational purposes in the state where the transferee/buyer resides.
• Questions 12.a – 12.d and 13: (Formerly Questions 11.k – 12 and 14 – 15): Regrouped and revised the citizenship and immigration status questions to make them easier to follow.
• Transferee/Buyer Certification: Clarifies that the repetitive purchase of firearms for the purpose of resale for livelihood and profit without a Federal firearms license is violation of Federal law.
Section B
• Question 18.b (Formerly Question 20.b): Changed to “Supplemental Government Issued Documentation (if identification document does not show current residence address)”
• Question 18.c (Formerly Question 20.c): Changed to “Exception to the Non-immigrant Alien Prohibition: If the transferee/buyer answered “YES” to 12.d.2. the transferor/seller must record the type of documentation showing the exception to the prohibition and attach a copy to this ATF Form 4473.”

• Question 19.d (Formerly Question 21.d): Added a check box for “Overturned” transactions.
• Question 19.g (Added to Form): “Name of FFL Employee Completing NICS check. (Optional)”.
• Question 20 (Formerly Question 22): Clarifies that a NICS check is not required if the individual receiving the firearm was subject to a background check as part of the NFA approval process.
Section D
• Header: Added instruction that the firearm information must be recorded even if the firearm(s) is/are not transferred.
• Question 24 (Formerly Question 26): Changed to “Manufacturer and Importer (If any)” to reflect the language in 27 CFR 478.125(e).
• Question 24 – 28 (Formerly Question 26 – 30): Removed line 5 and added line numbers.
• Multiple Sale: Added “REMINDER : By the Close of Business” to the beginning of the sentence for clarification.
• Question 29 (Formerly Question 30.a): Clarifies that “zero” should be recorded if no firearm(s) is/are transferred.
• Question 30 (Formerly Question 30.b): Changed to a check box and added an instruction to record the line number(s) involved in the pawn redemption.
• Question 32 (Added to Form): A check box to indicate that the transaction is to facilitate a private party transfer.
• Question 33 (Formerly Questions 31 – 32): Combined the two questions.
• Transferor Certification: Revised language to certify that the form was completed at the licensed business premises unless the transaction meets the requirements of 18 U.S.C. 922(c) and the transaction complies with State or local laws that are applicable to the firearms business. Clarifies that unless the transaction has been denied or cancelled the transferor/seller certifies that it is his/her belief that it is not unlawful for him/her to sell, deliver, transport, or otherwise dispose of the firearm(s) listed on this form to the person identified in Section A.

Notices, Instructions, and Definitions

• Purpose of the Form: Paragraph 2 (Added to Form): “Generally, ATF Form 4473 must be completed at the licensed business premises when a firearm is transferred over-the-counter. Federal law, 18 U.S.C. 922(c), allows a licensed importer, manufacturer, or dealer to sell a firearm to a non-licensee who does not appear in person at the licensee’s business premises only if the transferee/buyer meets certain requirements. These requirements are set forth in section 922(c), 27 CFR 478.96(b), and ATF Procedure 2013-2.”
• Purpose of the Form – Over-the-Counter Transaction (Formerly Paragraph 4): Removed from form.
• Purpose of the Form – State Laws and Published Ordinances (Formerly Paragraph 5): Removed from form. Information incorporated into Paragraph 1.
• Purpose of the Form – Exportation of Firearms: Added “Warning: Any person who exports a firearm without proper authorization may be fined not more than $1,000,000 and/or imprisoned for not more than 20 years See 22 U.S.C. 2778(c).”
• Instruction for Section A: Formerly instructions for Question 1.
• Instruction for Question 2: Clarifies that a rural route (RR) may be accepted provided the transferee/buyer lives in a State or locality where it is considered a legal residence address. Also clarifies that the State of residence for members of the Armed Forces on active duty is the State in which his or her permanent duty station is located.
• Instruction for Question 9: Clarifies that the licensee should provide the UPIN when conducting background checks through the NICS or the State POC.
• Instruction for Questions 10.a. and 10.b: Added to form.
• Instruction for Question 11.a: Clarifies when a gift is considered “bona fide” and provides examples.
• Instruction for Questions 11.b – 12 (Formerly Questions 11.b – 11.l): Added a new paragraph between the 1st and 2nd paragraphs. “A member of the Armed Forces must answer “yes” to 11.b. or 11.c. if charged with an offense that was either referred to a General Court Martial, or at which the member was convicted. Discharged “under dishonourable conditions” means separation from the Armed Forces resulting from a dishonourable discharge or dismissal adjudged by a General Court-Martial. The term does not include any other discharge or separation from the Armed Forces.”
• Instruction for Question 11.b: Removed from form. Information incorporated into Questions 11.b – 12.
• EXCEPTION (Formerly EXCPTION to 11.c. and 11.i.): Clarifies that persons subject to this exception, or who receive relief from disabilities under 18 U.S.C. 925(c), should answer “no” to the applicable question.
• Instruction for Question 11.d: Added to form. Provides the definition of “Fugitive from Justice”.
• EXCEPTION (Formerly EXCEPTION to 11.f): Clarifies when a person is not prohibited under the NICS Improvement Amendments Act of 2007. Language revised and additional information added.
• Instruction for Question 12.d (Formerly Question 11.l.): Clarifies which aliens must answer “yes” to this question and provide the additional documentation required under Question 18.c.
• Former Instruction for Question 11.l: Paragraph 2 removed from form. Information incorporated into Question 12.a.-12.d.
• Former Instruction for Question 12: Removed from form. Information from Paragraph 1 incorporated into Question 18.c. Information from paragraph 2 incorporated into Questions 12.a.-12.d.
• Former Instruction for Question 13: Removed from form. Information incorporated into Question 2.
• New Instruction for Question 13: Added to form. Clarifies where U.S.-issued alien and admission numbers may be found. Also clarifies that U.S. citizens and U.S. nationals should leave the question left blank.
• Instruction for Question 16 (Formerly Question 18): Clarifies that frames and receivers cannot be transferred to anyone who is not a resident of the State where the transfer is to take place.
• Instruction for Question 17. (Formerly Question 19.): Added the definition of “Qualifying Gun Show or Event”.
• Instruction for Question 18a (Formerly Question 20.a): Clarifies that licensees may accept electronic PCS orders to establish residency.
• Instruction for Question 18.b. (Formerly Question 20.b.): Clarifies that a valid electronic document from a government website may be used as supplemental documentation provided it contains the transferee’s/buyer’s name and current residence address.
• Instruction for Question 18c. (Formerly Question 20.c.): Clarifies the exceptions to the non-immigrant alien prohibition and acceptable documentation.
• Instruction for Question 19 (Formerly Question(s) 21, 22, 23): Clarifies for purposes of this form, contacts to NICS include State agencies designated as points-of-contact (“or POCs”) to conduct NICS checks for the Federal Government. Provides instructions for completing the form when a transaction was denied and later overturned.
• Instruction for Questions 20 and 21 (Formerly EXCEPTIONS TO NICS CHECK): Clarifies that the exception includes transfers of National Firearms Act firearms to an individual who has undergone a background check during the NFA approval process. Also clarifies that a NICS check must be conducted if an NFA firearm has been approved for transfer to a trust, or to a legal entity such as a corporation, and no background check was conducted as part of the NFA approval process on the individual who will receive the firearm. Additionally clarifies that individuals who have undergone a background check during the NFA application process are listed on the approved NFA transfer form.
• Instruction for Question(s) 24-28 (Formerly Question(s) 26, 27, 28, 29 and 30): Clarifies that these blocks must be completed with the firearms information. Also clarifies that all firearms manufactured after 1968 by Federal firearms licensees should be marked with a serial number.
• Former Instruction for Question 32: Removed from form.
• New Instruction for Question 32: Added to form. Provides instructions for completing the form when the transaction is to facilitate a private party transfer.
• Former Instructions for Questions 33-35: Removed from form.

ATF Form 4473 Lawyer Free Consultation

When you need legal help with ATF forms in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

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Correcting Errors In NICS Background Check

Correcting Errors In NICS Background Check

Utah state law does not restrict the use of official background checks for employment, housing, or loans. Utah follows the federal laws established through the Fair Credit Reporting Act, the Equal Employment Opportunity Commission, and the Federal Trade Commission. Utah is a ban the box state, but only for public employers. Private employers may request information about arrests and convictions provided they remain within the guidelines established by federal law.

Unofficial background checks can be useful for finding out about the character of Utah residents, but cannot be used for employment decisions, tenancy, or loans. Utah residents can get unofficial background checks by accessing law enforcement and court records on line or in person to find out about:
• Neighbors
• Friends
• Romantic interests
• Members of the Church
• Family
Utah Public Records Act and Laws for Background Check

Government Records Access and Management Act (GRAMA)

Utah’s public records act is called the Government Records Access and Management Act (GRAMA). many documents are public information in Utah, including conviction records, civil and criminal court cases, DUI convictions, and many other related documents. Utah makes all state and local government documents publicly accessible, which includes meeting minutes, decisions made by governing boards, and other processes through state agencies public information. Utah conducts background checks for state convictions through the Utah Department of Public Safety. Official background checks in Utah follow the federal guidelines established by the FCRA and EEOC. Additional restrictions on who may access data and how the data can be used are included in state law, but largely allow most private employers to use criminal background checks for hiring purposes.

Can you get a Free Background Report in Utah?

Official state background checks are not free in Utah. Utah uses both name-based and fingerprint-based background checks, depending on specific circumstances.

Individuals seeking background information for unofficial purposes can access records in person at local courts, or can access documents online through Utah’s public fee-based portal. Utah restricts the access of background checks through the Bureau of Criminal Information. under state law in Utah, an employer may not directly request a background check on an individual. Rather, the individual is required to obtain a background check on themselves and submit the results to the employer. This procedure can be accomplished through the BCI website.

Utah Data Repository

Individual courts and state agencies are responsible for maintaining public document records in Utah. Court cases more than 50 years old are retained in the Archived Court Record. Records are available in person or by online or mail-in request. Utah restricts the types of jobs that require a background check. In most cases, an employer in Utah can request that an applicant submit a records check for criminal conduct, but must ensure that convictions would prevent the employee from safely or legally performing the job.

Under the Utah Selection Procedures Act, employers are prevented from inquiring about social security numbers, driver’s license information, or date of birth in almost all cases.

• Childcare – Utah requires any person involved in childcare, whether as an employee or a volunteer, to undergo both FBI and BCI background checks. BCI and FBI background checks may be provided directly to the employer. Unofficial background checks can be conducted in person at the relevant court or law enforcement station.

• Education – Applicants to positions that deal with education will be required to undergo a fingerprint-based background check. Background checks may be provided to the employer directly.

• Finance– Applicants and employees in the financial sector are required to undergo criminal background checks through the BCI and FBI using fingerprint-based inquiries. BCI and FBI may submit results directly to financial institutions.

Most private employers in Utah may not request a background check to be conducted on an individual through a third party or through official channels. Instead, employers must request that applicants generate background checks themselves and provide a sealed copy to the employer.

Firearm Background Checks Utah

Utah uses state and federal fingerprint-based background checks for all gun sales through licensed dealers. Utah does not have state laws requiring background checks at gun shows and does not prohibit private sales of firearms. A permit to conceal carry is required and necessitates an FBI and BCI background check.

Utah Gun Laws

Utah has fairly permissive laws related to firearms. The state does not impose a waiting period for either hand guns or long gun purchases by residents of the state. Utah prevents private sales to felons when the seller knows the individual is not allowed a firearm. The state of Utah does not require a permit for gun ownership or sales but does require a permit for concealed carry of weapons; there are some legal peculiarities about whether a weapon must be permitted if it is unloaded or more than two actions from being fired. Background checks may be made by law enforcement when applying for a concealed carry permit.

Utah Criminal Background Checks

Background checks for criminal history is a frequent benchmark for many sorts of applications, including those who seek to immigrate into the country, those who wish to adopt a child, those who want to join the service, those who are applying for a job, and those who wish to work with or volunteer in a place where children or the elderly are housed. Getting a copy of your criminal background record is helpful to understand what employers or recruiters will be looking at and to correct any errors or omissions (such as incomplete records).

DUI Penalties and Statistics in Utah

The strict religious people in the state of Utah support a new law that would elevate the state among the toughest in the nation on Driving Under the Influence (DUI). A new law set to begin in 2018 would lower the threshold for DUI from .08 to .05 blood alcohol content. A survey of state DUI laws showed Utah with the harshest “preventative” measures but not the toughest criminal penalties for DUI, landing it in 8th place overall. In 2014, Utah law enforcement made more than 10,000 arrests related to DUI, which was responsible for 29 percent of motor vehicle fatalities in 2015, costing more than $44 billion a year. Utah is known for its large Mormon (The Church of Jesus Christ of Latter-day Saints) population, which comprises more than half of the adults in the state. Mormons do not drink alcohol. Legislators are apparently making slight revisions to the law to loosen requirements on DUI when related to certain activities like hunting. The penalty for DUI in Utah is generally a misdemeanor (discounting any moving violations or other related crimes), including 48 hours in jail (mandatory), fines up to $1,800, required community service, prohibited from getting a concealed carry permit for firearms, and a 120-day license suspension. The charge rises to a felony on the third DUI arrest within 10 years.

Felony Sentences in Utah

Those who are convicted of felonies are generally penalized for life in the following ways: they are not allowed to own or possess firearms, they may not vote or run for public office, they may not join the armed services without a special waiver, and they are unlikely to be allowed to live in subsidized public housing. If there are felonies in your background, you may request to have them expunged or sealed by the state. The list on this page shows which felonies are eligible for expungement – generally none that are violent or recent.

What Criminal Background Report in Utah includes?

Most criminal records retained by the state of Utah will be included in a background check. Utah allows reporting of arrests, convictions, and sentencing.

Are Public Criminal Records included in a background check?

Virtually all records generated by a state agency or law enforcement department will be retained as public documents in Utah and can be accessed by the public in person or by paid request online or through the mail.

Which Court Records Are Public in Utah?

Claims, convictions, and sentencing reports make up the bulk of the public documents available through official background checks. Sealed and expunged records are not public. In most cases, arrests that do not result in a conviction will not be reported. Juvenile records will not be reported unless the individual was convicted of a serious crime and tried as an adult.

What arrest records would show in a background report?

Common documents that are included in official background checks can often be obtained by members of the public through unofficial channels, like visiting a courthouse in person and requesting documents.

• Warrants – Active warrants will be reported on official state background checks. Individuals can contact local law enforcement in Utah to unofficially determine a warrant status.

• Dui – DUI convictions will be reported by official background checks. In most cases, members of the public can find out if they have a conviction for DUI on their record by contacting the local Department of Motor Vehicles or local law enforcement.

• Drug / Marijuana – Marijuana is heavily regulated in Utah. Convictions for possession or sale will be reported on a criminal background check. Utah is a medical marijuana state. Convictions can be unofficially found through the Utah courts online, in person, or by mail.

• sex offender – Convictions for sex-based crimes will be reported on official background checks. Individuals can investigate whether a person is a registered sex offender through the sex offender registry.

• Parole/Probation – Convictions that result in sentencing of parole or probation will be reported on an official background check. Individuals can check for criminal convictions through the Utah Department of Corrections.

• Mugshots – Photos, including mugshots, that are included with a court file will be available through a background check. Some local jurisdictions will provide copies of mugshots on request.

• Juvenile – Some juvenile records may be accessible by state agencies, but typically will not be included in an official background check unless the individual was convicted of a crime as an adult.
What if the information is incorrect on a Utah background check?
Errors of information reported on official or unofficial background checks can be requested to be corrected through the Utah BCI.

Your firearms rights can be denied based upon certain convictions (especially domestic violence, felonies, and drug crimes), the existence of civil protection orders, and other incidents in your past. If you choose to ignore the firearms disability, you are risking criminal prosecution and up to ten years in prison. However, there are often legal processes in place to restore your lost gun rights. Please contact our lawyers if you have reason to believe that you are prohibited from possessing firearms, and are interested in regaining your Second Amendment rights.

You may be deemed to be under a federal firearm disability, and therefore barred from buying a firearm, if any of the following factors apply to you:
• Convictions in any court of a crime punishable by imprisonment for a term exceeding one year (Felonies)
• Fugitives from justice
• Unlawful users of or addicts to any controlled substances
• Those adjudicated as a mental defective or who have been committed to a mental institute
• One, being an alien, is illegally or unlawfully in the United States or have non-immigrant visas
• Dishonorable discharge from the Armed Forces
• One who has renounced their citizenship
• Subject to a protection order*
• Convicted of a misdemeanor crime of domestic violence

Protection orders include orders issued during court hearings. This includes agreed entries during a divorce or dissolution whereby an order is entered in the record for a party to refrain from harassing, stalking, or threatening, or other language that restrains one from conduct that would place an intimate partner or their child in reasonable fear of bodily harm. Any gun owner who has purchased a firearm from a licensed dealer is very familiar with the ATF form 4473 – the extensive background questionnaire that is required by federal law. Unfortunately, though the background check program is very good, it is not foolproof. If you have been improperly “denied,” or “delayed,” there are legal ways to find and correct errors in your NICS criminal record. Let us help you “clear your name” and resolve those problems.

There are many reasons why one’s criminal background check could have errors or omissions.

Correction of erroneous system information.

• An individual may request the reason for the denial from the agency that conducted the check of the NICS (the “denying agency,” which will be either the FBI or the state or local law enforcement agency serving as a POC). The FFL will provide to the denied individual the name and address of the denying agency and the unique transaction number (NTN or STN) associated with the NICS background check. The request for the reason for the denial must be made in writing to the denying agency. (POCs at their discretion may waive the requirement for a written request.)

• The denying agency will respond to the individual with the reasons for the denial within five business days of its receipt of the individual’s request. The response should indicate whether additional information or documents are required to support an appeal, such as fingerprints in appeals involving questions of identity (i.e., a claim that the record in question does not pertain to the individual who was denied).

• If the individual wishes to challenge the accuracy of the record upon which the denial is based, or if the individual wishes to assert that his or her rights to possess a firearm have been restored, he or she may make application first to the denying agency, i.e., either the FBI or the POC. If the denying agency is unable to resolve the appeal, the denying agency will so notify the individual and shall provide the name and address of the agency that originated the document containing the information upon which the denial was based. The individual may then apply for correction of the record directly to the agency from which it originated. If the record is corrected as a result of the appeal to the originating agency, the individual may so notify the denying agency, which will, in turn, verify the record correction with the originating agency (assuming the originating agency has not already notified the denying agency of the correction) and take all necessary steps to correct the record in the NICS.

• As an alternative to the above procedure where a POC was the denying agency, the individual may elect to direct his or her challenge to the accuracy of the record, in writing, to the FBI, NICS Operations Center, Criminal Justice Information Services Division, 1000 Custer Hollow Road, Module C-3, and Clarksburg, West Virginia 26306-0147. Upon receipt of the information, the FBI will investigate the matter by contacting the POC that denied the transaction or the data source. The FBI will request the POC or the data source to verify that the record in question pertains to the individual, who was denied, or to verify or correct the challenged record. The FBI will consider the information it receives from the individual and the response it receives from the POC or the data source. If the record is corrected as a result of the challenge, the FBI shall so notify the individual, correct the erroneous information in the NICS, and give notice of the error to any Federal department or agency or any state that was the source of such erroneous records.
• Upon receipt of notice of the correction of a contested record from the originating agency, the FBI or the agency that contributed the record shall correct the data in the NICS and the denying agency shall provide a written confirmation of the correction of the erroneous data to the individual for presentation to the FFL. If the appeal of a contested record is successful and thirty (30) days or less have transpired since the initial check, and there are no other disqualifying records upon which the denial was based, the NICS will communicate a “Proceed” response to the FFL. If the appeal is successful and more than thirty (30) days have transpired since the initial check, the FFL must recheck the NICS before allowing the sale to continue. In cases where multiple disqualifying records are the basis for the denial, the individual must pursue a correction for each record.

• An individual may also contest the accuracy or validity of a disqualifying record by bringing an action against the state or political subdivision responsible for providing the contested information, or responsible for denying the transfer, or against the United States, as the case may be, for an order directing that the contested information be corrected or that the firearm transfer be approved.
• An individual may provide written consent to the FBI to maintain information about himself or herself in a Voluntary Appeal File to be established by the FBI and checked by the NICS for the purpose of preventing the future erroneous denial or extended delay by the NICS of a firearm transfer. Such file shall be used only by the NICS for this purpose. The FBI shall remove all information in the Voluntary Appeal File pertaining to an individual upon receipt of a written request by that individual. However, the FBI may retain such information contained in the Voluntary Appeal File as long as needed to pursue cases of identified misuse of the system. If the FBI finds a disqualifying record on the individual after his or her entry into the Voluntary Appeal File, the FBI may remove the individual’s information from the file.

Firearms Attorney Free Consultation

When you need legal help with gun law in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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Transportation And Use Requirements With Title 2 Firearms

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Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

Application to Transport NFA Firearms

ATF has recently updated their forms and now requires notification when you move within a state for any NFA Firearm. This can be done using the 5320.20 form which is described on this page. While the document states that it is not necessary when moving across state lines for a suppressor, it is now required by the instructions on the Form 4. Regardless of how you feel, we would recommend that you complete a Form 20 for any move even if across the street. The ATF requires prior authorization after a written request to transport any destructive device, machine gun, short-barreled rifle, or short-barreled shotgun under Section 922(a), The ATF does not require this prior authorization for a suppressor.

While the prior authorization from the ATF is not required, we do still recommend obtaining an approved Form 20 from the ATF for Suppressors before crossing state lines. We feel that it is better to have a document from the federal government stating it is legal to be in possession of the item in another state than is listed on your Form 4 or Form 1 which was used to acquire the item. Title 18 U.S.C. While the ATF use to accept a letter, ATF stopped accepting letters and is requiring this form to be filled out and it needs to be submitted in duplicate. Once the ATF approves the transportation, they will return a Form 20 to the registered owner. The approval authorizes the registered owner to transport the designated firearm(s) only during the time period specified in item 3 on the form. The authorization does not carry or import relief from any statutory or regulatory provisions relating to firearms other than 27 cfr 478.28. Prior authorization should only be requested to a state where the items are legal to possess. A mistaken authorization to transport an item to a state does not mean it is legal to do so and while there may be an argument against federal prosecution, it should not be relied upon to protect you from state prosecution. If a contract or common carrier is used to transport the firearm(s) a copy of ATF Form 5320.20 shall be furnished to the carrier and shall be in possession of the carrier for the duration of the transportation. This will meet the requirements of sections 922(e) and (f) of the Gun Control Act of 1968. This form is in a PDF format that permits you to type your information. If you have questions about the form 20, you can call Ascent Law, your Gun Trust Lawyer (801) 676-5506.

Things you need:
• The Full Name should be the name of your Trust.
• Select YES if this is a temporary transportation across state lines and NO if the items will not be returned.
• You can select a date range of up to 1 year. For example Jan 1, 2015 to Dec 31, 2015
• Reason for Transfer: Change of Address or Local shooting event, hunting… ( If moving to NC see this link)
• Should be the current location of the items
• Should be the location you are travelling to.
• This should be how the items will be transported.
• Will be signed by the Trustee submitting the Application.
• Is the date you are signing the request.

Interstate Transportation Of Firearms

Federal law does not restrict individuals from transporting legally acquired firearms across state lines for lawful purposes except those explicitly prohibited by federal law to include convicted felons; persons under indictment for felonies; adjudicated “mental defectives” or those who have been involuntarily committed to mental institutions; illegal drug users; illegal aliens and most non-immigrant aliens; dishonorably discharged veterans; those who have renounced their U.S. citizenship; fugitives from justice; persons convicted of misdemeanor crimes of domestic violence; and persons subject to certain domestic violence restraining orders. Therefore, no federal permit is required (or available) for the interstate transportation of firearms. Many states and localities have laws governing the transportation of firearms. Travelers must be aware of these laws and comply with legal requirements in each jurisdiction. There is no uniform state transportation procedure for firearms. If in doubt, a traveler should carry firearms unloaded, locked in a case, and stored in an area (such as a trunk or attached toolbox) where they are inaccessible from a vehicle’s passenger compartment and not visible from outside the vehicle. Any ammunition should be stored in a separate locked container. Title 18 Part 1 Chapter 44 s926A.

Federal Law On Transportation Of Firearms

A provision of the federal law known as the Firearms Owners’ Protection Act, or FOPA, protects those who are transporting firearms for lawful purposes from local restrictions which would otherwise prohibit passage. Under FOPA, notwithstanding any state or local law, a person is entitled to transport a firearm from any place where he or she may lawfully possess and carry such firearm to any other place where he or she may lawfully possess and carry it, if the firearm is unloaded and locked out of reach. In vehicles without a trunk, the unloaded firearm must be in a locked container other than the glove compartment or console. Ammunition that is either locked out of reach in the trunk or in a locked container other than the glove compartment or console is also covered. Travelers should be aware that some state and local governments treat this federal provision as an “affirmative defense” that may only be raised after an arrest. All travelers in areas with restrictive laws would be well advised to have copies of any applicable firearm licenses or permits, as well as copies or printouts from the relevant jurisdictions’ official publications or websites documenting pertinent provisions of law (including FOPA itself) or reciprocity information. In the event of an unexpected or extended delay, travelers should make every effort not to handle any luggage containing firearms unnecessarily and to secure it in a location where they do not have ready access to it.

Carrying On Or About The Person

As soon as any firearm is carried on or about the person, or placed loaded or readily accessible in a vehicle, state and local laws regarding the carrying of firearms apply. If you seek to carry or transport firearms in such a manner, it is advisable that you determine what the law is by contacting the Attorney General’s office in each state through which you may travel or by reviewing the law. You may also wish to determine whether the state issues any necessary permits to non-residents and how to obtain one, if available. While many states require permits to carry usable, loaded firearms on or about one’s person, some will not issue such permits to non-residents.

Transportation By Motor Vehicle

In most states, firearms may be transported legally if they are unloaded, cased, and locked in the automobile trunk or otherwise inaccessible to the driver or any passenger. The exceptions to this rule apply mainly to transportation of handguns and so-called “assault weapons.” The myriad and conflicting legal requirements for firearm transportation through the states make caution the key for travelers of which you must consult local law.

If you travel with a trailer or camper that is hauled by an automobile, it is advisable to transport the firearms unloaded, cased and locked in the trunk of the car. If your vehicle is of the type in which driving and living spaces are not separated, the problem becomes one of access. If the firearm is carried on or about the person, or placed in the camper where it is readily accessible to the driver or any passenger, state and local laws regarding concealed carrying of firearms may apply. It is recommended, therefore, that the firearm be transported unloaded, cased, and placed in a locked rear compartment of the camper or mobile home, where it is inaccessible to the driver or any passenger. Generally, a mobile home is considered a home if it is not attached to a towing vehicle, and is permanently attached to utilities, placed on blocks, or otherwise parked in such a manner that it cannot immediately be started up and used as a vehicle. Once you reach your destination, state and local law will govern the ownership, possession, and transportation of your firearms.

Firearms Aboard Commercial Aircraft

The Transportation Security Administration (TSA) has established specific requirements for transporting firearms and ammunition in checked baggage on commercial aircraft, including the following: All firearms or ammunition must be checked with the air carrier as luggage or inside checked luggage. Firearms, firearms parts, and ammunition are prohibited from carry-on baggage. Firearm parts include barrels, magazines, frames, and other internal parts of a firearm. Gun owners are strongly encouraged to double-check all baggage, even when not travelling with firearms. This is particularly important if bags also serve as range bags or are used to transport firearms and/or ammunition at other times. Inadvertently leaving ammunition or a firearm in a carry-on bag will result in serious delays at security points and potential civil or criminal penalties. All firearms and/or ammunition must be declared orally or in writing in accordance with the air carrier’s procedures. Civil and criminal penalties may be applied for failure to declare a firearm in checked baggage. All firearms must be unloaded. The firearm must be carried in a hard-sided container. The container must be locked and only the passenger may retain the key or combination. All checked baggage is subject to inspection. If during the inspection process it is necessary to open the container, the air carrier is required to locate the passenger and the passenger must unlock the container for further inspection. The firearm may not be transported if the passenger cannot be located to unlock the container. If you are travelling with a firearm, pay close attention to airport pages and announcements. If requested, provide the cooperation necessary to inspect your firearm. Ammunition is prohibited from carry-on luggage. Ammunition must be transported in the manufacturer’s packaging or other packaging suitable for transport. Consult your air carrier to determine quantity limitations and whether the ammunition must be packed separately from the firearm. Because the level of training among airline personnel varies widely, passengers would be well advised to bring printed copies of firearms rules from both TSA and the particular airline being used.

For further information, visit www.tsa.gov/traveler-information/firearms-and-ammunition Finally, the United States Department of Justice has issued a written opinion that federal law protects airline travelers with firearms, assuming: (1) the person is traveling from somewhere he or she may lawfully possess and carry a firearm; (2) en route to the airport the firearm is unloaded and inaccessible from the passenger compartment of the person’s vehicle; (3) the person transports the firearm directly from his vehicle to the airline check-in desk without any interruption in the transportation, and the firearm is carried to the check-in desk unloaded and in a locked container. Otherwise, travelers should strictly comply with FOPA and with airline and TSA policies regarding firearms transportation, avoid any unnecessary deviations on the way to checking in their baggage, be well acquainted with the firearms laws of the jurisdictions between which they are travelling, have any necessary permits or licenses ready for inspection, and have copies of relevant provisions of current law or reciprocity information printed from official sources. Special advisory for New York & New Jersey airports: Despite federal law that protects travelers, authorities at JFK, La Guardia, Newark, and Albany airports have been known to enforce state and local firearm laws against airline travelers who are passing through their jurisdictions. In some cases, even persons travelling in full compliance with federal law have been arrested or threatened with arrest. FOPA’s protections have been substantially narrowed by court decisions in certain parts of the country, particularly in the Northeast. Persons travelling through New York and New Jersey airports may want to consider shipping their firearms to their final destinations rather than bringing them through airports in these jurisdictions.

National And State Parks And Wildlife Refuges

A person may possess an operational firearm in a national park or wildlife refuge if the individual is in legal possession of the firearm and if possession of the firearm is in compliance with the laws of the state in which the park or refuge is located. Rules in various state park systems vary, so always inquire first. A separate federal law, however, continues to ban the possession of firearms in “federal facilities,” including those within national parks and wildlife refuges. The National Park Service interprets this provision broadly to prohibit firearms not only in buildings (such as visitor centers, ranger stations, and administrative offices) but also in other areas that are regularly staffed by federal employees (such as developed caves and gated outdoor performance areas). National Park Service officials have indicated that all prohibited locations will be posted with signs.

While FOPA applies in every United States jurisdiction, experience has shown that some jurisdictions provide particular challenges to those transporting firearms. Knowing the local laws of such places is particularly important and may make travelling through them easier. The following states are known to have especially strict and complicated gun control laws and travelers should consult the state laws directly, along with local law enforcement and states’ attorneys general resources for detailed information.

Gun Attorney Free Consultation

When you need legal help with gun law in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

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