[Federal Register Volume 59, Number 12 (Wednesday, January 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1260]


[[Page Unknown]]

[Federal Register: January 19, 1994]



 

Instructions for ATF F 5300.35

Notice

    The Brady handgun Violence Prevention Act is effective on 
February 28, 1994 and imposes a 5-day waiting period on the transfer 
of a handgun(s).

Warning

    Any seller who knowingly transfers a handgun(s) to any person 
prohibited from receiving or possessing any firearm violates the law 
even though the seller has met the waiting period requirements.

Instructions to Tranferee(Buyer)

    1. The buyer must personally complete Section A of the form and 
certify (sign) that the answers are true and correct.
    If the buyer is unable to read and/or write, the answers may be 
written by other persons, excluding the licensee. Two persons(other 
than the dealer) will then sign as witnesses to the buyer's answers 
and signature.
    2. The buyer shall print the responses to Section A, Items 
1,2,3,4, and 5.
    3. The buyer must provide a valid government issued photo 
identification to the seller that contains the buyer's name, date of 
birth, and residence address.

Instructions to Transferor(Seller)

    Note: This form need not be completed if the proposed transfer 
of a handgun(s) is subject to any of the exceptions contained in 27 
CFR 178.

    1. You may use Forms 5300.35 supplied by ATF or use photocopies 
of such forms. If photocopies are used, the photocopies must include 
the instructions.
    2. If the transfer is subject to any of the exceptions in 26 CFR 
178.____ the dealer must obtain the documentation required by 27 CFR 
178.____ to support the exception(s). A handgun(s) will not be 
transferred to any buyer who fails to provide such documentation.
    3. If the proposed transfer of a handgun(s) is subject to the 5-
day waiting period, the buyer must complete Section A and the seller 
must complete Section B.
    4. The seller must:
    (a) ensure that the buyer complete Section A and signs the 
statement;
    (b) if the buyer's name is illegible, print the buyer's name 
above the name of the buyer; and
    (c) establish the identify of the buyer by requiring the buyer 
to provide a valid government issued photo identification bearing 
the buyer's name, date of birth, and residence address.
    5. Within 1 day after the buyer furnishes the statement, the 
seller shall provide notice of the contents of this statement to the 
Chief Law Enforcement Officer of the place of residence of the 
buyer. (See Item 8 on the form.)
    6. Within 1 day after the buyer furnishes the statement, the 
seller shall sign and date the form in Item 10 and transmit a copy 
of this form, including its instructions to the Chief Law 
Enforcement Officer of the place of residence of the buyer. (See 
Item 9 on the form.)
    7. The seller shall delay delivery of the handgun(s) until 5 
business days (meaning days on which State Offices are open) have 
elapsed from the date the seller has furnished notice of the 
contents of the statement to the Chief Law Enforcement Officer. 
(Unless within the 5-day period the seller has received notice from 
the Chief Law Enforcement Officer of the place of residence of the 
buyer that the buyer's receipt or possession of the handgun(s) would 
not violate the law.)
    8. After the seller has provided notice of the contents of the 
buyer's intent to obtain a handgun(s) to the Chief Law Enforcement 
Officer, this form must be maintained as part of the seller's 
permanent records, regardless of whether the transfer occurs.
    9. If prior to the expiration of the 5-day waiting period or 
prior to actual delivery of the handgun(s) to the buyer, the seller 
receives notification from the Chief Law Enforcement Officer that 
the officer has information that the possession or receipt of a 
handgun by the buyer would violate the law, the seller is prohibited 
from transferring the handgun(s) to the buyer.
    10. Any seller, who after the transfer of an handgun(s) receives 
a report from a Chief Law Enforcement Officer containing information 
that the receipt or possession of the handgun(s) by the buyer would 
violate the law, shall within 1 business day communicate all 
information that the seller has about the transfer and the buyer to 
a) the Chief Law Enforcement Officer of the place of business of the 
Seller and b) the Chief Law Enforcement Officer of the place of 
residence of the buyer. The seller may also provide this information 
to the local ATF office.
    11. After the seller has provided a copy of this form to the 
Chief Law Enforcement Officer, any subsequent proposal(s) made by 
the same buyer to obtain a handgun(s) requires the execution of a 
new ATF Form 5300.35.
    12. After the seller has completed the handgun(s) transaction, 
the original ATF Form 5300.35 becomes part of the seller's permanent 
records. ATF Form 5300.35 must be attached to the ATF Form 4473 that 
reflects the handgun transfer.

Instructions to Chief Law Enforcement Officials

    1. This form contains the statement of intent to obtain a 
handgun(s) by the person identified in Section A. The seller may not 
lawfully deliver the handgun(s) to the buyer until 5 business days 
have elapsed from the date the seller furnished notice of the 
contents of this statement to you, or you have notified the seller 
within the 5-day period that you have no information that the 
buyer's receipt or possession of the handgun(s) would violate 
Federal, State, or local law.
    2. You are required to make a reasonable effort to ascertain 
within the 5-day period whether the buyer's receipt or possession of 
a handgun(s) would violate the law, including research in whatever 
State and local recordkeeping systems are available to you, and in 
any national system designated by the Attorney General. For your 
information, the receipt or possession of a handgun by a person who 
falls within any category of persons listed in Section A, Item 5, 
would violate Federal law.
    3. At the earliest possible time, you should advise the seller 
if the buyer's receipt or possession of the handgun(s) would violate 
the law. Unless you notify the seller that the buyer's receipt or 
possession of a handgun(s) would violate the law, the seller may 
deliver the handgun(s) to the buyer. Notification either during or 
after the 5-day waiting period may prevent the unlawful receipt of a 
handgun(s).
    4. Unless you determine that the buyer's receipt or possession 
of the handgun(s) would violate the law, you shall, within 20 
business days from the date of the buyer's statement, destroy this 
form, any record containing information derived from this form, and 
any record created as a result of the notice of the contents of this 
form.
    5. If you determine that the buyer is ineligible to receive or 
possess a handgun(s), you should maintain this form. The buyer may 
request that you provide the reason(s) for such determination and 
you must provide such reason(s) to the buyer within 20 business days 
after the receipt of the request. Your retention of this form may 
assist you in responding to such inquiries.

Definitions

    1. The term ``Chief Law Enforcement Officer'' means the chief of 
police, the sheriff, or an equivalent officer or the designee of any 
such individual.
    2. The term ``handgun'' means (a) a firearms which has a short 
stock and is designed to be held and fired by the use of a single 
hand; and (b) any combination of parts from which a firearm 
described by (a) can be assembled.

Paperwork Reduction Act Notice

    The information required on this form is in accordance with the 
Reduction Act of 1980. The purpose of the information is to 
determine the eligibility of the buyer (transferee to receive 
firearms under Federal Law). The information is subject to 
inspection by ATF officers. The information on this form is required 
by 18 U.S.C. 922 and 923.
    The estimated average burden associate with this collection is 6 
minutes per respondent or recordkeeper, depending on individual 
circumstances. Comments concerning the accuracy of this burden 
estimate and suggestions for reducing this burden should be directed 
to Reports Management Officer, Information Programs Branch, Bureau 
of Alcohol, Tobacco and Firearms, Washington, DC 20226, and the 
Office of Management and Budget, Paperwork Reduction Project (1512-  
  ), Washington, DC 20503.

[FR Doc. 94-1260 Filed 1-18-94; 8:45 am]
BILLING CODE 4810-31-P