Section C
Only fill out this section AFTER the customer has completed (including signing and dating) Section B. This will allow you to confirm their information with questions 24 and 26 in this section. Also, if they fail the background check and/or have lied on Section B of the 4473, the ATF may want to start a criminal investigation and the ATF will be checking to see that the customer signed the form and confirmed their answers.
Not all of these sections will be used every time.
24. Category of Firearm to be Transferred. Check ALL that apply. Here’s a chance to look back at question 15 on page 1 to double-check that they are old enough for the type of firearm(s) being transferred.
25. If transfer is at a qualifying gun show or event. An FFL may only transfer firearms to customers at one of three places: (1) their licensed premises, (2) a bona fide gun show, (3) or a special event defined in 27 CFR 478.100 as a function sponsored by any national, State, or local organization, devoted to the collection, competitive use, or other sporting use of firearms, or an organization or association that sponsors functions devoted to the collection, competitive use, or other sporting use of firearms in the community. If option 2 or 3 apply (off-premises transfer), then you fill in the information here.
26. Identification. Enter the information off of the customer’s government-issued photo ID. As the name implies, the ID MUST be issued by a government entity, and it must have the purchaser’s photo. At a minimum, the primary ID must also show the customer’s date of birth.
Here is your chance to flip back to page 1 and verify that the information entered by the customer in Section B matches. The customer’s residential address is also needed to complete the transaction, however, it isn’t absolutely necessary that the correct residential address (or any address for that matter) appears on the primary photo ID. To establish the current residential address, supplemental documentation may be used.
However, the primary ID must be issued by a government entity and bear the customer’s photo, name, and date of birth in order for supplemental ID to be allowed to establish the residential address.
If a supplemental ID is used, enter the information in this section. The supplemental documentation must be government issued (e.g., municipal water authority is ok, private water company is not). Although the ATF allows electronic proof of residency, we do not recommend it; it’s too easy to falsify. Likewise, hunting licenses can be used (with caution – they are also easy to falsify).
If you don’t trust the documentation, stop the sale.
27. Background Check. Except for two exemptions (covered next), you must conduct a background check prior to transferring a firearm to a non-FFL customer. Depending on your state, you will either use the federal NICS system or your own state’s system.
For a review of requirements, please see lesson 5.16 – Background Checks
States that use the federal NICS system:
| Alabama | Alaska | American Samoa |
| Arizona | Arkansas | Delaware |
| D.C. | Georgia | Idaho |
| Indiana | Kansas | Kentucky |
| Louisiana | Maine | Massachusetts |
| Minnesota | Mississippi | Missouri |
| Montana | New Mexico | New York |
| North Dakota | N. Mariana Islands | Ohio |
| Oklahoma | Puerto Rico | Rhode Island |
| South Carolina | South Dakota | Texas |
| Vermont | West Virginia | Wyoming |
Full-POC states:
| California | Colorado | Connecticut |
| Hawaii | Illinois | Nevada |
| New Jersey | Oregon | Pennsylvania |
| Tennessee | Utah | Virginia |
Partial-POC states (handguns POC/long-guns NICS):
| Florida | Iowa | Maryland |
| Michigan | Nebraska | New Hampshire |
| North Carolina | Washington | Wisconsin |
For a background check, you will write down the date you sent the information about the customer in 27.a., the approval/transaction number (if any) in 27.b., and the result of the background check in 27.c. If delayed (mark “delayed” in 27.c.), and your state law allows, you may lawfully transfer the firearm after 3 days without an answer if the purchaser is 21 years old or older. If they are under 21 years old (they may only be purchasing a long gun(s)), then you now must wait 10 days. If you do transfer without a response after the appropriate waiting period, ensure that you mark “No response was provided within 3 business days” or “No response was provided within 10 business days after additional delay for transferee/buyer under 21 years of age.” in 27.d. Additionally, if the purchaser is under 21, you may be notified of an additional delay – if so, mark the appropriate spot and fill in the appropriate dates.
BE CAREFUL HERE. It is legal to transfer without an answer after 3 days, but it is a bad idea. We’ve seen multiple instances wherein a call is received from NICS 10 days later explaining that the customer was prohibited and the FFL transferred the firearm (lawfully) after 3 days. The FFL is not in trouble, but we now have a bad-guy with a gun and the FFL is open to liability – it was legal but the news stories (if something bad happens) will read “Gun dealer gave person gun without a passing background check.” Which, technically, is true.
If a result is received later about their background check, you must go back to the 4473 and write the subsequent response in 27.d. This is easy to forget to do. Likewise, if a response comes after transfer, there is a spot for that in 27.e.
28. No NICS Check Required for NFA Firearms. If you are transferring an NFA firearm and a background check was completed on the individual during the ATF approval process, you may skip the NICS check and check this box.
29. No NICS Check Required due to Exemption. A NICS background check is not required if the customer holds a valid Concealed Carry Permit from one of the approved states (see below)
| State / Territory | Qualifying Permits |
|---|---|
| Alabama | None |
| Alaska | Concealed weapons permits marked NICS-Exempt |
| American Samoa | None |
| Arizona | Concealed weapons permits qualify. |
| Arkansas | Concealed weapons permits issued on or after April 1, 1999 qualify. * |
| California | Entertainment Firearms Permit only |
| Colorado | None |
| Connecticut | None |
| Delaware | None * |
| District of Columbia | None * |
| Florida | None * |
| Georgia | Georgia firearms licenses qualify. |
| Guam | None * |
| Hawaii | Permits to acquire and licenses to carry qualify. |
| Idaho | Concealed weapons permits qualify. |
| Illinois | None |
| Indiana | None |
| Iowa | Permits to acquire and permits to carry concealed weapons qualify. |
| Kansas | Concealed handgun licenses issued on or after July 1, 2010 qualify as alternatives to the background check. |
| Kentucky | Concealed Deadly Weapons License (CDW) and Judicial Special Status CDW issued on or after July 12, 2006 qualify. |
| Louisiana | Concealed handgun permits issued on or after March 9, 2015 qualify. |
| Maine | None * |
| Maryland | None * |
| Massachusetts | None * |
| Michigan | Licenses to Purchase a Pistol (LTP) are the only permits that qualify as a NICS alternative. |
| Minnesota | None |
| Mississippi | License to carry concealed pistol or revolver issued to individuals under Miss. Stat. Ann. § 45-9-101 qualify. (NOTE: security guard permits issued under Miss. Stat. Ann. §97-37-7 do not qualify). |
| Missouri | None * |
| Montana | Concealed weapons permits qualify. |
| Nebraska | Concealed handgun permit qualifies as an alternative. Handgun purchase certificates qualify. |
| Nevada | Concealed carry permit issued on or after July 1, 2011, qualify. |
| New Hampshire | None |
| New Jersey | None |
| New Mexico | None |
| New York | None |
| North Carolina | Permits to purchase a handgun and concealed handgun permits qualify. |
| North Dakota | Concealed weapons permits issued on or after December 1, 1999 qualify. * |
| Northern Mariana Islands | None |
| Ohio | Concealed weapons permits issued on or after March 23, 2015 qualify. |
| Oklahoma | None * |
| Oregon | None * |
| Pennsylvania | None |
| Puerto Rico | None |
| Rhode Island | None |
| South Carolina | Concealed weapons permits qualify. |
| South Dakota | Gold Card Concealed Pistol Permits and Enhanced Permits to Carry a Concealed Pistol issued on or after January 1, 2017 qualify. Regular Concealed Carry Permits issued on or after July 1, 2018 qualify. |
| Tennessee | None |
| Texas | Concealed weapons permits qualify. |
| U.S. Virgin Islands | None |
| Utah | Concealed weapons permits qualify. |
| Vermont | None |
| Virginia | None |
| Washington | None |
| West Virginia | Concealed handgun license issued on or after June 4, 2014 qualify. |
| Wisconsin | None |
| Wyoming | Concealed weapons permits qualify. |
* While certain permits issued in these states prior to November 30, 1998, were “grandfathered” as Brady alternatives, none of these grandfathered permits would still be valid under State law as of November 30, 2003.