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

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superseded by final regulations.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