FREQUENTLY ASKED QUESTIONS

The FBI no longer allows courtesy NICS check for handguns to WA residents. 

All pistol transfer applications are sent to local law enforcement for approval. This can take 10-30 days. If you are purchasing an SAR(Semi-automatic Rifle) it will also go to a local law enforcement for approval with a mandatory 10 business day wait period per I-1639.

Lower receivers, shotguns, bolt action rifles, and all other firearms are still run through the NICS system. In most cases, you can take home the same day if approved.

No, only the original signer of the paperwork can take possession of the firearm.

A UPIN is a unique personal identification number, issued by the FBI, if you are frequently delayed or denied access to firearms and wish to appeal the FBI decision. The process takes about 6 months to complete. For more information about UPINs, click here.

Only those firearms subject to the National Firearms Act (NFA) (e.g., machineguns, short–barreled rifles and shotguns, silencers, destructive devices, and firearms designated as “any other weapons”) must be registered with ATF.

Firearms registration may be required by State or local law. Any person considering acquiring a firearm should contact his or her State Attorney General’s Office to inquire about the laws and possible State or local restrictions.

The definition of misdemeanor crime of domestic violence in the Gun Control Act (GCA) includes any offense classified as a “misdemeanor” under Federal, State or Tribal law. In States that do not classify offenses as misdemeanors, the definition includes any State or local offense punishable by imprisonment for a term of 1 year or less or punishable by a fine.

Yes. In such transactions, the law enforcement official is treated no differently from any other unlicensed transferee, and a NICS background check must be conducted.

Firearm transfers are exempt from the requirement for a NICS background check in three situations. These include transfers: (1) to transferees having a State permit that has been recognized by ATF as an alternative to a NICS check; (2) of National Firearms Act weapons to persons approved by ATF; and (3) certified by ATF as exempt because compliance with the NICS background check requirement is impracticable.

In Washington, you may transfer a firearm to an immediate family member within Washington, without a background check.   All other transfers or sales require a background check, (i-594, November 2014).

The licensee should inform the transferee that the NICS check indicates that the transfer of the firearm should not be made, however the system does not provide a reason for the denial. The licensee should provide the transferee with the name and address of the denying agency and the NICS or State transaction number, and an appeals brochure created by the FBI or State POC outlining the transferee’s appeal rights and responsibilities. An FBI appeal brochure is available through the FBI NICS section, or at www.fbi.gov/about-us/cjis/nics/appeals/nics-appeals-process/appeals-home.

A NICS check is valid for 30 calendar days for any transaction. The 30 calendar day period is counted beginning on the day after NICS was initially contacted. Where more than 30 calendar days have passed since the licensee first contacted NICS, the licensee must initiate a new NICS check prior to transferring the firearm. It is not necessary to complete a new ATF Form 4473, but the results of the new NICS background check must be recorded on the form.

Example1: A NICS check is initiated on May 15th. The licensee receives a “proceed” from NICS. The transferee does not return to pick up the firearm until June 22nd of the same year. The licensee must conduct another NICS check before transferring the firearm to the transferee.

Example 2: A NICS check is initiated on May 15th. The licensee receives a “delayed” response from NICS; no further response is received. The transferee does not return to pick up the firearm until June 16th of the same year. The licensee must conduct another NICS check before transferring the firearm to the transferee.

No. A licensee must initiate a new NICS background check for each completed firearms transaction. However, a person may purchase or acquire several firearms in one transaction.

[27 CFR 478.102]

Example: A transferee completes an ATF Form 4473 for a single firearm on February 15. The licensee receives a “proceed” from NICS that day. The licensee signs the form, and the firearm is transferred. On February 20, the transferee returns to the licensee’s premises and wishes to acquire a second firearm. The acquisition of the second firearm is a separate transaction. Therefore, a new NICS check must be initiated by the licensee.

Example: A transferee completes ATF Form 4473 for a single firearm on February 15. The licensee receives a “proceed” from NICS that day. The transferee does not return to pick up the firearm until February 20. Before the licensee completes the transfer of the first firearm, the transferee decides to acquire an additional firearm. The second firearm may be recorded on the same Form 4473. The acquisition of the 2 firearms is considered a single transaction. Therefore, the licensee is not required to conduct a new NICS check prior to transferring the second firearm.

The licensee must initiate another NICS check before the firearm may be transferred.

Yes. Compliance with Federal background check provisions does not excuse a licensee from compliance with State law. A licensee must follow State law waiting periods.

Example: State X is acting as a point of contact for NICS checks. State law requires the licensee to wait 10 days, rather than 3 days, for a response to the background check prior to transferring a firearm. Because State law provides a 10 day period before a licensee may transfer a firearm, the licensee may not transfer the firearm until 10 days have elapsed since conducting the background check.

Example: State X is acting as a point of contact for NICS checks. State law allows a licensee to transfer a firearm 24 hours after conducting a NICS check and receiving a “delayed” response. Although State law would permit a licensee to transfer a firearm 24 hours after receiving a “delayed” response, the licensee must comply with Federal law which requires the licensee wait 3 business days prior to transferring a firearm where the licensee has not received notice the transfer would be prohibited.

Example: The law of State X provides for a 5 day waiting period before a handgun may be transferred by a licensee. An individual completes an ATF Form 4473 for the purchase of a handgun, a NICS check is conducted, and a “proceed” response is given by NICS. Although the licensee received a “proceed” response, the licensee must comply with the State waiting period, and the licensee may not transfer the firearm until the State 5 day waiting period has elapsed.

No. This information is solicited on an optional basis. However, providing this information will help ensure the lawfulness of the sale and avoid the possibility that the transferee will be incorrectly identified as a felon or other prohibited person.

The identification document presented by the transferee must have a photograph of the transferee, as well as the transferee’s name, residence address, and date of birth. The identification document must also be valid (e.g., unexpired) and have been issued by a governmental entity for the purpose of identification of individuals. An example of an acceptable identification document is a current driver’s license.

A combination of government issued documents may be used to meet the requirements of an identification document. For example, a passport which contains the name, date of birth, and photograph of the holder may be combined with a voter or vehicle registration card containing the residence address of the transferee in order to comply with the identification document requirements. A passport issued by a foreign government is also acceptable so long as it has all of the required information.

Whether a hunting license or permit issued by a retailer meets the definition of an identification document is State law specific. This license or permit meets the definition of an identification document if the State in which the retailer is located has authorized the retailer to supply State issued documents. If the State recognizes the hunting license or permit as government issued, then this license or permit would qualify as being government issued for the purposes of supplementing another government issued identification document.

A description of the location of the residence on an identification document, such as a rural route, is sufficient to constitute a residence address provided the purchaser resides in a State or locality where it is considered to be a legal residence address.

For more information, check out our FFL Transfers page, here.