Your ATF Questions Answered
A Guide To Understanding ATF Policies and Procedures
Bud's Gun Shop
• 8 min read
The U.S. government spends vast amounts of time and money—your money—through its many agencies in the interest of public safety. One of those agencies, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE or ATF), offers a variety of publications that our firearms customers may find quite interesting and useful. We've curated frequently asked questions and answers (with links to the ATF for further reading) below:
Just in case of theft, fire, or some other kind of loss, is there any easy way to keep track of all my firearms for my own or insurance purposes?
We'll start with ATF form 3312.8, the "Personal Firearms Record." This form will be extremely valuable to have completed in advance, should you experience a theft or other loss of your firearm(s). Many firearms dealers keep blank, hard copies of this form available to their customers, but today the form is also available in a fillable online version. This is a personal record only; neither ATF nor any other government entity collects or maintains the information. If you feel weird about it, just print out a blank, fill it in by hand and secure it along with your other important documents:
Why and how does ATF trace firearms?
Next, let's take a look at ATF firearms traces. Traces are launched whenever a firearm is connected to a crime. ATF's National Tracing Center Division (NTC) is the only organization authorized to trace firearms for U.S. law enforcement agencies. It provides investigative leads to law enforcement in the effort to fight violent crime and terrorism. Their informative publication is ATF Form 3312.9:
Further disclosure about traces is available in ATF Form 3312.11 in the effort to identify criminals for prosecution in specific cases, as well as the proactive effort to interdict firearms traffickers.
Finally, for a thorough examination of firearms tracing, nothing beats the "ATF Firearms Tracing Guide," a twenty-page document that explains why firearms are traced, various definitions of firearms, what "time-to-crime" means, FFL reporting requirements and more!
How are guns recovered at crime scenes identified? Does ATF offer a publication about this?
Another resource that may have escaped your attention is directed to law enforcement, which should be of great interest to firearms aficionados: "ATF Police Officer's Guide to Recovered Firearms," which is ATF Form 3312.12. In this twelve-page document, you can read how firearms are identified, where serial numbers are typically placed on a gun, and you get a "Visual Guide to Firearms" to boot (page 12); good stuff!
How do investigators piece together related crimes through recovered bullets and casings?
This next communication is also directed to law enforcement but informative for anyone who wants to know more about how law enforcement connects crimes from bullet casings taken into evidence from a crime scene.
I am thinking of collecting older, unusual, or military surplus firearms. Where can I obtain a list of what the ATF calls "curio and relic (C&R) firearms?"
ATF's "Firearms Curios and Relics" (Publication 5300.11) is a 91-page treasury of all the firearms that have been classified by the Firearms and Ammunition Technology Division (FATD) as "C&R" guns, or curios and relics. C&R guns are those firearms that are of special interest to collectors by reason of some quality other than that associated with firearms intended for offensive, defensive, or sporting use. C&R collectors can typically purchase these firearms and have them shipped directly to them by obtaining a Type 03 license from ATF. Note that some businesses will not ship C&R items directly to a C&R license holder, and some states do not permit this.
According to ATF, to be recognized as C&R, firearms must fall within one of the following categories:
- Firearms which were manufactured at least 50 years prior to the current date, but not including replicas of such firearms;
- Firearms that are certified by the curator of a municipal, state, or federal museum which exhibits firearms to be curios or relics of museum interest; and
- Any other firearms which derive a substantial part of their monetary value from the fact that they are novel, rare, bizarre, or because of their association with some historical figure, period, or event.
By the way, ATF publishes a page dedicated to FAQs for the C&R collector:
What are the procedures for purchasing and owning NFA ("Class 3") firearms and silencers?
Whether you are just becoming aware of Type II / National Firearms Act (NFA) firearms, also commonly known as "Class 3," or looking for a deep dive into the subject, the NFA division publishes "The National Firearms Act Handbook," a 220-page guide chock full of everything you need to know about these unique firearms. If machineguns, silencers, short-barreled rifles and shotguns, pen and knife guns, and other oddities are your thing, you can't be without ATF publication 5320.8.
Is there anything different about selling and purchasing firearms at a gun show?
Do you ever attend gun shows? If so, know before you go. ATF publishes "Important Notice to FFLs and Other Participants at Gun Shows" (ATF 5300.23A) explaining what an FFL must, may, or cannot do at gun shows.
Where can I get more information regarding regulations for the legal use of firearms by juveniles (under 18)?
Our final suggestion is to review ATF publication 5300.2, the "Youth Handgun Safety Act Notice." Every FFL is required to supply a copy of the notice to the transferee whenever a handgun is transferred over the counter. You must know the laws regarding circumstances when a juvenile can and cannot be in possession of a handgun—this publication covers it.
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