Explore The NRA Universe Of Websites

APPEARS IN News

ATF Releases New Procedures on Certain Retail and Private-to-Private Transactions

Monday, September 14, 2020

ATF Releases New Procedures on Certain Retail and Private-to-Private Transactions

Early this month, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) released two new procedure documents.

The first, ATF Procedure 2020-1, Recordkeeping procedure for non-over-the-counter firearm sales by licensees to unlicensed in-state residents that are NICS exempt (Sept. 3, 2020), provides directions to licensed importers, manufacturers, and dealers (FFLs) on the correct process for the parties to the transaction to take in completing ATF Form 4473, when the transaction involves a sale or transfer to an unlicensed person, resident in the same state as the FFL, who does not appear in person at the FFL’s business premises.

Federal law, 18 U.S.C. 922(t)(3), authorizes sales and transfers without a NICS background check to persons with a valid “NICS-exempt” permit or license (a firearm subject to the National Firearms Act that has been approved for transfer is also exempted). A separate federal law, 18 U.S.C. 922(c), allows an FFL to sell a firearm to an unlicensed person who does not appear in person in limited circumstances, generally involving a sworn statement in the prescribed form, notification to the chief law enforcement officer of the locality where the person resides, and a wait time of at least a week. The statement must contain blank spaces to attach a true copy of any permit or license.

Procedure 2020-1 allows an FFL to conduct and record a sale of a firearm to a resident of the same state who does not appear in person at the FFL’s business premises provided that the transfer is exempt from the NICS background check requirements and the procedures outlined in the document are followed by the seller-transferor, the buyer-transferee, and the FFL.

The new Procedure 2020-1 supersedes ATF Procedure 2013-2.

The second new document, ATF Proc. 2020-2, Recordkeeping and Background Check Procedure for Facilitation of Private Party Firearms Transfers (Sept. 2, 2020), gives directions on the recordkeeping and NICS procedures for FFLs who facilitate or broker the transfer of firearms between private, unlicensed individuals. Some states’ laws mandate that all firearm transactions between non-FFLs be made through an FFL; otherwise, because unlicensed persons do not have access to the NICS to conduct a background check, some private sellers may choose to make a private sale using an FFL. ATF has previously issued guidance documents on the role of the FFL in these transactions, and this procedure supersedes the latest of those, ATF Procedure 2017-1.

ATF Process 2020-2 establishes the new procedures that apply when a private party transferor (seller) takes a firearm to an FFL with the prospective transferee/buyer to conduct a sale or transfer.

One of the questions that prior guidance documents left open was the responsibility of an FFL when the private party seller left the firearm in the exclusive possession of the FFL at the FFL’s business premises while the NICS background check on the buyer/transferee was pending. If the buyer/transferee failed the NICS check, the FFL was directed to conduct a NICS background

check on the private party seller before he or she could retake possession of the firearm. If the seller also failed the NICS check, the FFL was prohibited from returning the gun.

This version fails to clarify the FFL’s responsibility in such cases. It simply directs the FFL to conduct a “NICS background check on the private party seller, and receive either a ‘proceed’ response, or no response after three business days (or appropriate State waiting period), prior to returning the firearm.”

This procedure does not apply to pawn transactions, consignment sales, or repairs.

Earlier this year, the ATF released an industry letter on firearm sales and deliveries exterior to the brick-and-mortar structure at which a firearms business is licensed (drive-up or walk-up access), for the purposes of accommodating pandemic-related distancing and restricted contact directives. That document is available here.

IN THIS ARTICLE
ATF Background Checks/NICS
TRENDING NOW
FBI Releases Final Crime Report for 2025 to the Dismay of Firearm Prohibitionists

News  

Monday, August 24, 2026

FBI Releases Final Crime Report for 2025 to the Dismay of Firearm Prohibitionists

There has been a certain amount of anticipation while the Federal Bureau of Investigations (FBI) analyzed the available crime data for last year. The speculation among many was that the report would be, not just ...

Questions and Answers About the Texas NFA Case

News  

Monday, August 17, 2026

Questions and Answers About the Texas NFA Case

On August 12, we reported on an important development in the ongoing litigation over the National Firearms Act (NFA) filed by multiple plaintiffs in U.S. District Court for the Northern District of Texas. These included, ...

SCOTUS Statutory Ruling Not the Final Word on Biden-Era “Frame or Receiver” Rule

News  

Monday, August 24, 2026

SCOTUS Statutory Ruling Not the Final Word on Biden-Era “Frame or Receiver” Rule

For years, NRA-ILA has closely followed and reported on the legal and regulatory saga surrounding the Biden-Harris administration’s so-called “Frame or Receiver” rule. 

DOJ Relaunches Federal Firearms Rights Restoration with New Final Rule

News  

Monday, August 24, 2026

DOJ Relaunches Federal Firearms Rights Restoration with New Final Rule

On August 20, the U.S. Department of Justice (DOJ) published a final rule in the Federal Register that establishes application standards for those seeking relief from federal firearm disabilities under the Gun Control Act of ...

California: Anti-Gun Bills Pass the Legislature, Now Heading to the Governor's Desk

Wednesday, August 26, 2026

California: Anti-Gun Bills Pass the Legislature, Now Heading to the Governor's Desk

This week, three anti-gun bills received final passage from the legislature and will now be transmitted to the Governor's desk for his consideration. The most egregious among these measures is Senate Bill 948, which imposes ...

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

ATF Director Corrects Gun Control Advocates on Regulatory Reform

News  

Monday, August 17, 2026

ATF Director Corrects Gun Control Advocates on Regulatory Reform

In a stark departure from the last administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives is taking gun control advocates to task for their sensationalist rhetoric and questionable legal claims. 

District Court Enters Final Judgment Striking Down New Mexico’s Waiting Period Law in NRA Victory

Friday, August 28, 2026

District Court Enters Final Judgment Striking Down New Mexico’s Waiting Period Law in NRA Victory

The U.S. District Court for the District of New Mexico granted summary judgment holding New Mexico’s 7-day waiting period law unconstitutional in Ortega v. Grisham—a case brought by the National Rifle Association and Mountain States ...

What Does the Texas NFA Decision Mean for You?

News  

Wednesday, August 12, 2026

What Does the Texas NFA Decision Mean for You?

On August 5, 2026, Judge Wesley Hendrix of the U.S. District Court for the Northern District of Texas held that the National Firearms Act’s registration and approval requirements for suppressors, short-barreled rifles, and short-barreled shotguns ...

NRA Files Another Lawsuit Challenging the National Firearms Act

Thursday, October 9, 2025

NRA Files Another Lawsuit Challenging the National Firearms Act

Today, the National Rifle Association—along with the American Suppressor Association, Firearms Policy Coalition, and Second Amendment Foundation—announced the filing of another lawsuit challenging the constitutionality of the National Firearms Act of 1934 (NFA).

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.