[Federal Register Volume 59, Number 30 (Monday, February 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3227]


[[Page Unknown]]

[Federal Register: February 14, 1994]


_______________________________________________________________________

Part III





Department of the Treasury





_______________________________________________________________________



Bureau of Alcohol, Tobacco and Firearms



_______________________________________________________________________



27 CFR Part 178




Implementation of Public Law 103-159, Including the Brady Handgun 
Violence Prevention Act; Rule and Proposed Rule
DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 178

[T.D. ATF-354; (93F-057P)]
RIN: 1512-AB23

 
Implementation of Public Law 103-159, Including the Brady Handgun 
Violence Prevention Act

AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Department of 
the Treasury.

ACTION: Temporary rule (Treasury decision).

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

SUMMARY: This temporary rule implements the provisions of Public Law 
103-159, including the Brady Handgun Violence Prevention Act. These 
regulations implement the law by imposing a waiting period of 5 days 
before a licensed firearms importer, manufacturer, or dealer may 
lawfully transfer a handgun to a nonlicensed individual. Regulations 
are also prescribed with regard to reporting requirements for multiple 
handgun sales, labeling of packages containing a firearm, theft of 
firearms from firearms licensees, and increased license fees for 
dealers in firearms. The temporary rule will remain in effect until 
superseded by final regulations. In the Proposed Rules section of this 
Federal Register, ATF is also issuing a notice of proposed rulemaking 
inviting comments on the temporary rule for a 90-day period following 
the publication date of this temporary rule.

EFFECTIVE DATES: The temporary regulations are effective on February 
28, 1994, except for Secs. 178.31 (b) and (d), 178.33a, 178.42(c), and 
178.126a, which were effective on November 30, 1993.

ADDRESSES: Send written comments to: Chief, Revenue Programs Division; 
Bureau of Alcohol, Tobacco and Firearms; Washington, DC 20091-0221.

FOR FURTHER INFORMATION CONTACT: James P. Ficaretta, Revenue Programs 
Division, Bureau of Alcohol, Tobacco and Firearms, 650 Massachusetts 
Avenue NW., Washington, DC 20226 (202-927-8230).

SUPPLEMENTARY INFORMATION:

Background

    On November 30, 1993, Public Law 103-159 (107 Stat. 1536) was 
enacted, amending the Gun Control Act of 1968 (GCA), as amended (18 
U.S.C. Chapter 44). Title I of Public Law 103-159, cited as the ``Brady 
Handgun Violence Prevention Act'' (hereinafter, ``the Act''), provides 
for a national waiting period of 5 days before a licensed importer, 
manufacturer, or dealer may lawfully transfer a handgun to a 
nonlicensed individual (interim provision), and for the establishment 
of a national instant criminal background check system to be queried by 
firearms licensees before transferring any firearm to nonlicensed 
individuals (permanent provision). The permanent system will be 
effective on November 30, 1998. Violations of either the interim or 
permanent provision are punishable by a fine or imprisonment for not 
more than 1 year, or both.
    Titles II and III of Public Law 103-159 relate to reporting 
requirements for multiple handgun sales, labeling of packages 
containing a firearm, thefts of firearms from licensed firearms 
dealers, and increased license fees for dealers in firearms. 
Regulations implementing these provisions are also part of this 
Treasury decision.

Waiting Period (Interim Provision)

    The Act provides that the waiting period provisions of the law 
become effective on February 28, 1994, and cease to apply on November 
30, 1998. The Act imposes a waiting period of 5 business days (defined 
in the statute as days on which State offices are open) before a 
licensee may sell or deliver a handgun. As defined in the Act, the term 
``handgun'' means--

    (A) a firearm 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 in subparagraph (A) can be 
assembled.

    Basically, the waiting period provision makes it unlawful for any 
licensed firearms importer, manufacturer, or dealer to sell, deliver, 
or transfer a handgun to a nonlicensed individual (transferee), unless 
the licensee--
    (1) Obtains a statement of the transferee's intent to obtain a 
handgun containing the transferee's name, address, and date of birth 
appearing on a valid photo identification, a description of the 
identification document, a statement that the transferee is not a 
felon, under indictment, or otherwise prohibited from receiving or 
possessing the handgun under Federal law, and the date the statement is 
made;
    (2) Verifies the identity of the transferee by examining the 
identification document presented;
    (3) Within 1 day after the transferee furnishes the statement, 
contacts the chief law enforcement officer of the place of residence of 
the transferee and advises such officer of the contents of the 
statement;
    (4) Within 1 day after the transferee furnishes the statement, 
transmits to the chief law enforcement officer of the place of 
residence of the transferee a copy of the statement; and
    (5) Waits 5 business days from the date the licensee furnished 
notice of the contents of the statement to the chief law enforcement 
officer before transferring the handgun to the transferee (during which 
period the licensee has not received information from the chief law 
enforcement officer that receipt or possession of the handgun by the 
transferee would be in violation of law); or receives notice from the 
chief law enforcement officer of the place of residence of the 
transferee that the officer has no information that the transferee's 
receipt or possession of the handgun would violate the law.
    In addition to the items in (1) above, the regulations request 
certain additional optional information about the transferee to 
facilitate the transfer of a handgun and assist law enforcement 
officials in verifying the transferee's eligibility to possess a 
handgun. This optional information includes the social security number, 
height, weight, sex, and place of birth of the transferee. The optional 
information will help minimize the misidentification of handgun 
purchasers as felons or other prohibited persons whose receipt and 
possession of firearms violate the law. For example, this information 
would distinguish the transferee from a prohibited buyer having the 
same name and date of birth as the transferee and, therefore, help 
expedite the transfer.
    Subsequent to the sale or transfer of the handgun, the law requires 
a licensee, who receives a report from the chief law enforcement 
officer containing information that receipt or possession of the 
handgun by the transferee violates Federal, State, or local law, shall 
within 1 day communicate any information the licensee has concerning 
the transfer to the chief law enforcement officer of the place of 
business of the licensee and to the chief law enforcement officer of 
the place of residence of the transferee.
    As provided in the Act, the term ``chief law enforcement officer'' 
means ``the chief of police, the sheriff, or an equivalent officer or 
the designee of any such individual.'' The law requires that the chief 
law enforcement officer within 5 business days make a reasonable effort 
to determine whether the transferee is prohibited by law from receiving 
or possessing the handgun sought to be purchased. Except for records 
relating to a proposed handgun sale that would violate the law, law 
enforcement officers are required to destroy within 20 days the 
purchaser's statement, any record containing information derived from 
the statement, and any record created as a result of the notice 
referred to in (3) above. Furthermore, these records may only be used 
to carry out the purposes of the Act, and no information in the records 
may be conveyed to any person for purposes other than complying with 
the Act.
    The Act also provides that an individual who is determined to be 
ineligible to purchase a handgun under the waiting period provision may 
request that the chief law enforcement officer who made the 
determination provide reasons for that determination. The officer must 
provide such reasons to the individual in writing within 20 business 
days after receipt of the request.

Alternatives to the Waiting Period

    The statute provides the following alternatives to the waiting 
period provision:
    (1) The transferee provides a written statement issued within the 
last 10 days by the chief law enforcement officer of the transferee's 
place of residence that the transferee requires a handgun because of a 
threat to the life of the transferee or any member of the transferee's 
household;
    (2) The transferee presents to the licensee a permit issued by the 
State within the past 5 years to possess a handgun and the law of the 
State requires verification that the transferee is not prohibited by 
law from possessing the handgun;
    (3) Purchases in States which require that, before any licensee 
transfers a handgun to an individual, an authorized government official 
has verified that possession of the handgun by the transferee would not 
violate the law (e.g., a background check);
    (4) Purchases of handguns which are subject to the National 
Firearms Act and which have been approved for transfer under 27 CFR 
part 179 (Machine Guns, Destructive Devices, and Certain Other 
Firearms);
    (5) Purchases of handguns for which the Secretary has certified 
that compliance with the 5-day waiting period procedure is 
impracticable because the purchaser resides in a rural area, the 
premises of the licensee are remote in relation to the chief law 
enforcement officer of the area, and there is an absence of 
telecommunications facilities in the geographical area in which the 
business premises are located.

Additional Provisions of Public Law 103-159

    Titles II and III of Public Law 103-159 provide additional 
amendments to the GCA. These provisions, which became effective on 
November 30, 1993, are as follows:
    (1) Multiple sales reports. In addition to furnishing reports of 
multiple handgun sales to ATF, licensees are required to submit such 
reports to the ``department of State police or State law enforcement 
agency of the State or local law enforcement agency of the jurisdiction 
in which the sale or other disposition took place.''
    (2) Common carriers. Common or contract carriers are prohibited 
from requiring or causing any label or other written notice to be 
placed on the outside of any package, luggage, or other container 
indicating that such package contains a firearm. In addition, common or 
contract carriers who deliver firearms in interstate or foreign 
commerce are required to obtain written acknowledgement of receipt from 
the recipient of the package or other container.
    (3) Theft of firearms. It is unlawful for any person to steal from 
the person or premises of a Federal firearms licensee any firearm in 
the licensee's business inventory which has been shipped or transported 
in interstate or foreign commerce.
    (4) License fees. License fees for all dealers in firearms (other 
than destructive devices), including pawnbrokers, have been increased 
to $200 for 3 years, except that the fee for renewal of a license is 
$90 for 3 years.

Executive Order 12866

    It has been determined that this temporary rule is not a 
significant regulatory action, because the economic effects flow 
directly from the underlying statute and not from this temporary rule. 
Therefore, it is found that this temporary rule is not likely to (1) 
Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, of State, local, or tribal governments or 
communities; (2) Create a serious inconsistency or otherwise interfere 
with an action taken or planned by another agency; (3) Materially alter 
the budgetary impact of entitlements, grants, user fees, or loan 
programs or the rights and obligations of recipients thereof; or (4) 
Raise novel legal or policy issues arising out of legal mandates, the 
President's priorities, or the principles set forth in this Executive 
order.

Administrative Procedure Act

    Because this document merely implements the law and because 
immediate guidance is necessary to implement the provisions of the law, 
it is found to be impracticable to issue this Treasury decision with 
notice and public procedure under 5 U.S.C. Sec. 553(b), or subject to 
the effective date limitation in section 553(d).

Regulatory Flexibility Act

    The provisions of the Regulatory Flexibility Act relating to an 
initial and final regulatory flexibility analysis (5 U.S.C. 604) are 
not applicable to this temporary rule because the agency was not 
required to publish a notice of proposed rulemaking under 5 U.S.C. 553 
or any other law.

Paperwork Reduction Act

    This regulation is being issued without prior notice and public 
procedure pursuant to the Administrative Procedure Act (5 U.S.C. 553). 
For this reason, the collection of information contained in this 
regulation has been reviewed and, pending receipt and evaluation of 
public comments, approved by the Office of Management and Budget (OMB) 
under control number 1512-0520. The estimated average annual burden 
associated with the collection of information in this regulation is 
2.52 hours per respondent or recordkeeper.
    For further information concerning this collection of information, 
and where to submit comments on the collection of information and the 
accuracy of the estimated burden, and suggestions for reducing this 
burden, refer to the preamble to the cross-reference notice of proposed 
rulemaking published elsewhere in this issue of the Federal Register.

Drafting Information

    The author of this document is James P. Ficaretta, Revenue Programs 
Division, Bureau of Alcohol, Tobacco and Firearms.

List of Subjects in 27 CFR Part 178

    Administrative practice and procedure, Arms and ammunition, 
Authority delegations, Customs duties and inspection, Exports, Imports, 
Military personnel, Penalties, Reporting requirements, Research, 
Seizures and forfeitures, and Transportation.

Authority and Issuance

    27 CFR Part 178--Commerce in Firearms and Ammunition is amended as 
follows:
    Paragraph 1. The authority citation for 27 CFR part 178 continues 
to read as follows:

    Authority: 5 U.S.C. 552(a); 18 U.S.C. 847, 921-930; 44 U.S.C. 
3504(h).

    Par. 2. Section 178.1(a) is revised to read as follows:


Sec. 178.1  Scope of regulations.

    (a) General. The regulations contained in this part relate to 
commerce in firearms and ammunition and are promulgated to implement 
Title I, State Firearms Control Assistance (18 U.S.C. Chapter 44), of 
the Gun Control Act of 1968 (82 Stat. 1213) as amended by Pub. L. 99-
308 (100 Stat. 449), Pub. L. 99-360 (100 Stat. 766), Pub. L. 99-408 
(100 Stat. 920), and Pub. L. 103-159 (107 Stat. 1536).
* * * * *
    Par. 3. Section 178.11 is amended by revising the definition for 
``handgun,'' and by adding definitions for ``chief law enforcement 
officer'' and ``identification document,'' to read as follows:


Sec. 178.11  Meaning of terms.

* * * * *
    Chief law enforcement officer. The chief of police, the sheriff, or 
an equivalent officer or the designee of any such individual.
* * * * *
    Handgun. (a) Any firearm 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 in 
paragraph (a) can be assembled.
    Identification document. A document containing the name, residence 
address, date of birth, and photograph of the holder and which was made 
or issued by or under the authority of the United States Government, a 
State, political subdivision of a State, a foreign government, 
political subdivision of a foreign government, an international 
governmental or an international quasi- governmental organization 
which, when completed with information concerning a particular 
individual, is of a type intended or commonly accepted for the purpose 
of identification of individuals.
* * * * *
    Par. 4. Section 178.31 is amended by redesignating paragraph (b) as 
paragraph (c), and by adding new paragraphs (b) and (d), to read as 
follows:


Sec. 178.31  Delivery by common or contract carrier.

* * * * *
    (b) No common or contract carrier shall require or cause any label, 
tag, or other written notice to be placed on the outside of any 
package, luggage, or other container indicating that such package, 
luggage, or other container contains a firearm.
* * * * *
    (d) No common or contract carrier shall deliver in interstate or 
foreign commerce any firearm without obtaining written acknowledgement 
of receipt from the recipient of the package or other container in 
which there is a firearm.
    Par. 5. Section 178.33a is added to Subpart C to read as follows:


Sec. 178.33a  Theft of firearms.

    No person shall steal or unlawfully take or carry away from the 
person or the premises of a person who is licensed to engage in the 
business of importing, manufacturing, or dealing in firearms, any 
firearm in the licensee's business inventory that has been shipped or 
transported in interstate or foreign commerce.
    Par. 6. Section 178.42 is amended by revising the introductory 
text, and by revising paragraph (c) to read as follows:


Sec. 178.42  License fees.

    Each applicant shall pay a fee for obtaining a firearms license or 
ammunition license, a separate fee being required for each business or 
collecting activity at each place of such business or activity, as 
follows:
* * * * *
    (c) For a dealer:
    (1) In destructive devices--$1,000 per year.
    (2) Who is not a dealer in destructive devices--$200 for 3 years, 
except that the fee for renewal of a valid license shall be $90 for 3 
years.
* * * * *
    Par. 7. Section 178.96(b) is amended by revising the first sentence 
to read as follows:


Sec. 178.96  Out-of-State and mail order sales.

* * * * *
    (b) A licensed importer, licensed manufacturer, or licensed dealer 
may sell a rifle, shotgun, or handgun that is not subject to the 
waiting period provisions of Sec. 178.102(a) to a nonlicensee who does 
not appear in person at the licensee's business premises if the 
nonlicensee is a resident of the same State in which the licensee's 
business premises are located, and the nonlicensee furnishes to the 
licensee the firearms transaction record, Form 4473, required by 
Sec. 178.124. * * *
* * * * *
    Par. 8. Section 178.102 is added to subpart F to read as follows:


Sec. 178.102  Sales or deliveries of handguns after February 27, 1994, 
and before November 30, 1998.

    (a) Waiting period. Except as provided in paragraph (b), a licensed 
importer, licensed manufacturer, or licensed dealer shall not sell, 
deliver, or transfer a handgun to any individual who is not licensed 
under this part.
    (1) The licensee shall:
    (i) Receive from the transferee a statement of intent to obtain a 
handgun on Form 5300.35 in accordance with Sec. 178.130;
    (ii) Verify the identity of the transferee by examining the 
identification document presented, and noting on Form 5300.35 the type 
of identification used;
    (iii) Within 1 day after the transferee furnishes the statement, 
provide notice of the contents of the statement on Form 5300.35, in the 
manner prescribed by paragraph (a)(3) of this section, to the chief law 
enforcement officer of the place of residence of the transferee; and
    (iv) Within 1 day after the transferee furnishes the statement to 
the licensee, transmit a copy of Form 5300.35 to the chief law 
enforcement officer of the place of residence of the transferee.
    (2)(i) The licensee shall not sell, deliver, or transfer a handgun 
to any individual unless 5 business days (meaning days on which State 
offices are open) have elapsed from the date the licensee furnished 
actual notice of the contents of the statement to the chief law 
enforcement officer, during which period the licensee has not received 
information from such officer that receipt or possession of the handgun 
by the transferee would be in violation of Federal, State, or local 
law; or
    (ii) The licensee has received notice from the chief law 
enforcement officer within the 5 business days that the officer has no 
information indicating that receipt or possession of the handgun by the 
transferee would violate Federal, State, or local law.

    Example 1. A licensee furnishes actual notice of the contents of 
the statement to the chief law enforcement officer on Tuesday. If 
State offices are not open on Saturday and Sunday, 5 business days 
would have elapsed on the following Tuesday. The licensee may 
deliver the handgun on the next day, Wednesday.
    Example 2. A licensee furnishes actual notice of the contents of 
the statement to the chief law enforcement officer on Saturday. If 
State offices are not open on Saturday and Sunday, 5 business days 
would have elapsed on the following Friday. The licensee may deliver 
the handgun on the next day, Saturday.

    (3) The notice required by paragraph (a)(1)(iii) of this section 
shall be actual notice and shall be given in a manner acceptable to 
such officer. For example, if the chief law enforcement officer will 
only accept notice in writing and not by telephone, notice shall be 
given by the licensee to the chief law enforcement officer in writing. 
In that case, the 5-day waiting period prescribed by paragraph 
(a)(2)(i) of this section begins at the time such written notice is 
received by the chief law enforcement officer. If the licensee sends 
notice to such officer by mail, the licensee shall send the notice by 
registered or certified mail (return receipt requested).
    (4) The law requires that notice of the contents of the 
transferee's statement of intent to obtain a handgun and the statement 
be provided by the licensee to the chief law enforcement officer of the 
place of residence of the transferee. Under the law, the chief law 
enforcement officer means ``the chief of police, the sheriff, or an 
equivalent officer or the designee of any such individual.'' Where the 
State or local law enforcement officials have notified the licensee 
that a particular official has been designated to receive the notice 
and statement specified in paragraphs (a)(1) (iii) and (iv) of this 
section, the licensee shall provide the information to that designated 
official.
    (b) Alternatives to waiting period. The provisions of paragraph (a) 
of this section shall not apply if--
    (1) The transferee has presented to the licensee a written 
statement, issued by the chief law enforcement officer of the 
transferee's place of residence, stating that the transferee requires 
access to a handgun because of a threat to the life of the transferee 
or of any member of the household of the transferee. The written 
statement must have been issued by the chief law enforcement officer 
during the 10-day period ending on the date that the transferee has 
informed the licensee of the transferee's intention to obtain a 
handgun. The written statement shall be on a letter bearing the 
letterhead of the chief law enforcement officer and shall be signed by 
the officer and dated;
    (2) The transferee has presented to the licensee a permit or 
license that--
    (i) Allows the transferee to possess or acquire a handgun;
    (ii) Was issued not more than 5 years earlier by the State in which 
the transfer is to take place; and
    (iii) The law of the State provides that such a permit is to be 
issued only after an authorized government official has verified that 
the information available to such official does not indicate that 
possession of a handgun by the transferee would be in violation of 
Federal, State, or local law;
    (3) The law of the State requires that, before any licensed 
importer, licensed manufacturer, or licensed dealer completes the 
transfer of a handgun to an individual who is not licensed under this 
part, an authorized government official verify that the information 
available to such official does not indicate that possession of a 
handgun by the transferee would be in violation of law;
    (4) The handgun is subject to the provisions of the National 
Firearms Act and has been approved for transfer under 27 CFR part 179; 
or
    (5) On application of the licensee, in accordance with the 
provisions of Sec. 178.150, the Director has certified that compliance 
with paragraph (a) of this section is impracticable.
    (6) The documents referred to in paragraphs (b) (1) and (2) of this 
section shall be retained in the records of the licensee in accordance 
with the provisions of Sec. 178.131.
    (c) Disclosure of information. (1) Any licensed importer, licensed 
manufacturer, or licensed dealer who, after the transfer of a handgun 
to a nonlicensee, receives a report from a chief law enforcement 
officer containing information that receipt or possession of the 
handgun by the transferee violates Federal, State, or local law shall, 
within 1 business day (meaning a day on which State offices are open) 
after receipt of the report, communicate any information the licensee 
has concerning the transfer and the transferee, including a copy of 
Form 4473 required by Sec. 178.124, to the chief law enforcement 
officer of the place of business of the licensee and to the chief law 
enforcement officer of the place of residence of the transferee. The 
licensee may also provide this information to the local ATF office.
    (2) Any licensed importer, licensed manufacturer, or licensed 
dealer who receives information from a chief law enforcement officer 
regarding the transfer of a handgun to a nonlicensee, not otherwise 
available to the public, shall not disclose such information except to 
the transferee, to law enforcement authorities, or pursuant to the 
direction of a court of law.

(Approved by the Office of Management and Budget under control 
number 1512-0520)

    Par. 9. Section 178.126a is amended by revising the second sentence 
to read as follows:


Sec. 178.126a  Reporting multiple sales or other disposition of pistols 
and revolvers.

    * * * The report shall be prepared on Form 3310.4, Report of 
Multiple Sale or Other Disposition of Pistols and Revolvers. Not later 
than the close of business on the day that the multiple sale or other 
disposition occurs, the licensee shall forward two copies of Form 
3310.4 to the ATF office specified thereon and one copy to the State 
police or to the local law enforcement agency in which the sale or 
other disposition took place. Where the State or local law enforcement 
officials have notified the licensee that a particular official has 
been designated to receive Forms 3310.4, the licensee shall forward 
such forms to that designated official.
* * * * *
    Par. 10. Section 178.129(b) and the parenthetical text at the end 
of the section are revised to read as follows:


Sec. 178.129  Record retention.

* * * * *
    (b) Firearms transaction record and statement of intent to obtain a 
handgun. 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. 
Licensees shall retain each Form 5300.35 for a period of not less than 
5 years after notice of the intent to obtain the handgun was forwarded 
to the chief law enforcement officer.
* * * * *
(Paragraph (b) approved by the Office of Management and Budget under 
control number 1512-0520; all other recordkeeping approved by the 
Office of Management and Budget under control number 1512-0129.)

    Par. 11. Sections 178.130 and 178.131 are added to Subpart H to 
read as follows:


Sec. 178.130  Statement of intent to obtain a handgun after February 
27, 1994, and before November 30, 1998.

    (a)(1) Except as provided in Secs. 178.102(b) and 178.131, a 
licensed importer, licensed manufacturer, or licensed dealer shall not 
sell, deliver, or transfer a handgun unless the licensee has received 
from the transferee a statement of intent to obtain a handgun on Form 
5300.35 in duplicate. The statement shall contain the transferee's 
name, address, and date of birth. The transferee must date and execute 
the sworn statement contained on the form showing that the transferee 
is not under indictment for a crime punishable by imprisonment for a 
term exceeding 1 year; has not been convicted in any court of such a 
crime; is not a fugitive from justice; is not an unlawful user of or 
addicted to any controlled substance; has not been adjudicated as a 
mental defective or been committed to a mental institution; is not an 
alien who is illegally or unlawfully in the United States; has not been 
discharged from the Armed Forces under dishonorable conditions; and is 
not a person who, having been a citizen of the United States, has 
renounced such citizenship.
    (2) In order to facilitate the transfer of a handgun and enable the 
chief law enforcement officer to verify the identity of the person 
acquiring the handgun, Form 5300.35 requests certain additional 
optional information. This information includes the social security 
number, height, weight, sex, and place of birth of the transferee. Such 
information may help avoid the possibility of the transferee being 
misidentified as a felon or other prohibited person.
    (b) Upon receipt of Form 5300.35 from the transferee, the licensee 
shall:
    (1) Verify the identity of the transferee by examining the 
identification document presented and note on Form 5300.35 the type of 
identification used; and
    (2) Complete Form 5300.35 to show that notice of the transferee's 
statement of intent to obtain a handgun and a copy of the form have 
been provided to the chief law enforcement officer in compliance with 
Sec. 178.102(a).
    (c) The licensee shall retain the original Form 5300.35 as part of 
the records required to be kept under this subpart. If the sale, 
delivery, or transfer of the handgun to the transferee is made, Form 
5300.35 shall be attached to the firearms transaction record, Form 
4473, executed upon delivery of the handgun as provided in 
Sec. 178.124. If the sale, delivery, or transfer is not made, the 
licensee shall retain Form 5300.35 as part of the records required to 
be kept under this subpart. Forms 5300.35 with respect to which a sale, 
delivery, or transfer did not take place shall be retained in 
alphabetical (by name of transferee) or chronological (by date of 
transferee's sworn statement) order.
    (d) The requirements of this section shall be in addition to any 
other recordkeeping requirements contained in this part.
    (e) A licensee may obtain, upon request, an emergency supply of 
Forms 5300.35 from any regional director (compliance).

(Approved by the Office of Management and Budget under control 
number 1512-0520)


Sec. 178.131  Handgun transactions not subject to the waiting period.

    (a)(1) A licensed importer, licensed manufacturer, or licensed 
dealer whose sale, delivery, or transfer of a handgun is made pursuant 
to the alternative provisions of Sec. 178.102(b) and is not subject to 
the waiting period prescribed by Sec. 178.102(a) shall maintain the 
records required by this paragraph (a).
    (2) If the transfer is pursuant to a written statement of the chief 
law enforcement officer in accordance with Sec. 178.102(b)(1), the 
licensee shall retain such statement and attach it to the firearms 
transaction record, Form 4473, executed upon delivery of the handgun.
    (3) If the transfer is pursuant to a permit or license in 
accordance with Sec. 178.102(b)(2), the licensee shall retain a copy of 
such permit or license and attach it to the firearms transaction 
record, Form 4473, executed upon delivery of the handgun.
    (4) If the transfer is pursuant to a verification of eligibility to 
possess a handgun (e.g., an instant record check) by a government 
official in accordance with Sec. 178.102(b)(3), the licensee shall 
attach to the firearms transaction record, Form 4473, executed upon 
delivery of the handgun, a statement showing the date of verification, 
any identifying number assigned to the transaction by the official, and 
the name, location, and title of the official.
    (5) If the transfer is pursuant to a certification by ATF in 
accordance with Secs. 178.102(b)(5) and 178.150, the licensee shall 
maintain the certification as part of the records required to be kept 
under this subpart and for the period prescribed for the retention of 
Form 5300.35 in Sec. 178.129(b).
    (b) The requirements of this section shall be in addition to any 
other recordkeeping requirements contained in this part.

(Approved by the Office of Management and Budget under control 
number 1512-0520)


Sec. 178.150  [Redesignated as Sec. 178.151.]

    Par. 12. Section 178.150 of Subpart I is redesignated as 
Sec. 178.151, and new Sec. 178.150 is added to read as follows:


Sec. 178.150  Alternative to handgun waiting period in certain 
geographical locations.

    (a) The provisions of Sec. 178.102(b)(5) shall be applicable when 
the Director has certified that compliance with the waiting period 
provisions of Sec. 178.102(a) is impracticable because:
    (1) The ratio of the number of law enforcement officers of the 
State in which the transfer is to occur to the number of square miles 
of land area of the State does not exceed 0.0025;
    (2) The business premises of the licensee at which the transfer is 
to occur are extremely remote in relation to the chief law enforcement 
officer; and
    (3) There is an absence of telecommunications facilities in the 
geographical area in which the business premises are located.
    (b) A licensee who desires to obtain a certification under this 
section shall submit a written request to the Director. Each request 
shall be executed under the penalties of perjury and contain 
information sufficient for the Director to make such certification. 
Such information shall include statistical data, official reports, or 
other statements of government agencies pertaining to the ratio of law 
enforcement officers to the number of square miles of land area of a 
State and statements of government agencies and private utility 
companies regarding the absence of telecommunications facilities in the 
geographical area in which the licensee's business premises are 
located.

    Signed: January 21, 1994.
Daniel R. Black,
Acting Director.
    Approved: January 27, 1994.
John P. Simpson,
Deputy Assistant Secretary (Regulatory, Tariff and Trade Enforcement).
[FR Doc. 94-3227 Filed 2-11-94; 8:45 am]
BILLING CODE 4810-31-U