Instructions for ATF F 5300.35

[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