IDENTIFICATION OF PERSONAL FIREARMS ON LICENSED
PREMISES NOT OFFERED FOR SALE
Licensees Under Title 18, United States Code, Chapter 44, and Others Concerned:
Purpose. The purpose of this circular is to urge licensed firearms dealers to
identify their personal collection of firearms kept at the business premises.
Scope. The provisions of Section 923(g), 18 U.S.C. Chapter 44, and Subpart H of
the regulations (26 C.F.R. 178) require all licensed firearms dealers to maintain
records of their receipt and disposition of all firearms at the licensed premises.
Section 178.121(b) of the regulations and the law further provide for the examination
and inspection during regular business hours or other reasonable times of firearms
kept or stored on business premises by licensees and any firearms record or document
required to be maintained.
Guidelines for Identifying Personal Firearms on the Business Premises of Licensed
Dealers. A presumption exists that all firearms on a business premises are for sale and
accordingly must be entered in the records required to be maintained under the law and
regulations. However, it is recognized that some dealers may have personal firearms on
their business premises for purposes of display or decoration and not for sale. Firearms
dealers who have such personal firearms on licensed premises should not intermingle such
firearms with firearms held for sale. Such firearms should be segregated from firearms
held for sale and appropriately identified (for example, by attaching a tag) as being
"not for sale". Personal firearms on licensed premises which are segregated from firearms held for sale and which are appropriately identified as not being for sale need
not be entered in the dealers records.
There may be occasions where a firearms dealer utilizes his license to acquire
firearms for his personal collection. Such firearms must be entered in his permanent
acquisition records and subsequently be recorded as a disposition to himself in his
private capacity. If such personal firearms remain on the licensed premises, the procedures described above with respect to segregation and identification must be followed.
The above procedures will facilitate the examination and inspection of the records
of firearms dealers and result in less inconvenience to licensees.
Rex D. Davis