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Industry Circular

Number: 75-8

Date: April 29, 1975

Department of the Treasury

Bureau of Alcohol, Tobacco and Firearms

Washington, DC 20226

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MULTIPLE SALES OF PISTOLS AND REVOLVERS

Federal firearms licensees, and others concerned:

PURPOSE. The purpose of this circular is to inform you of the specific provisions of revised regulations that require a Federal firearms licen- see to make a report of a multiple sale or other disposition of pistols and revolvers.

GENERAL. The Commerce in Firearms and Ammunition regulations (27 CFR Part 178) have been revised effective July 1, 1975. The key amendment, restated below, requires a firearms licensee to report the sale or other disposition of two or more pistols or revolvers at one time or during any five consecutive business days to an unlicensed person. Since the reporting requirement does not apply to all fire- arms but rather only to pistols and revolvers, a precise definition of the terms "pistol" and "revolver" is being prescribed. Also, in order to correct a previous error, the definition of the term "discharged under dishonorable conditions" is being revised to delete the phrase "Bad Conduct Discharge." The Commerce in Firearms and Ammunition regulations were recodified from 26 CFR Part 178 into 27 CFR Part 178 on April 15, 1975.

RESTATEMENT OF REGULATION CHANGES.

1. Section 178.11 is amended by revising the definition of the term "discharged under dishonorable conditions" and by adding , in alphabeti- cal order, a definition of the terms "pistol" and "revolver" to read as follows:

§ 178.11 Meaning of terms.

* * * * *

Discharged under dishonorable conditions. Separation from the U. S. Armed Forces resulting from a Dishonorable Discharge.

* * * * *

Pistol. A weapon originally designed, made, and intended to fire a small projectile (bullet) from one or more barrels when held in one hand, and having (a) a chamber(s) as an integral part(s) of, or permanently aligned with, the bore(s); and (b) a stock designed to be gripped by one hand and at an angle to and extending below the line of the bore(s).

* * * * *

Revolver. A small projectile weapon, of the pistol type, having a breechloading chambered cylinder so arranged that the cocking of the hammer or movement of the trigger rotates it and brings the next cartridge in line with the barrel for firing.

* * * * *

2. A new § 178. 126a is added immediately following § 178.126 to prescribe reports of multiple sales of pistols and revolvers. The added provision reads as follows:

§ 178.126a Reporting multiple sales or other disposition of pistols and revolvers.

Each licensee shall prepare a report of multiple sales or other disposition whenever the licensee sells or otherwise disposes of, at one time or during any five consecutive business days, two or more pistols or revolvers, or any combination of pistols and revolvers totalling two or more, to an unlicensed person. The report shall be prepared on Form 3310.4, Report of Multiple Sale or Other Dis- position of Pistols and Revolvers, and forwarded to the office specified thereon not later than the close of business on the day that the multiple sale or other disposition occurs. Example 1. A licensee sells a pistol and a revolver in a single transaction to an unlicensed person. This is a multiple sale and must be reported not later than the close of business on the date of the transaction.

Example 2. A licensee sells a pistol on Monday and sells a revolver on the following Friday to the same unlicensed person. This is a multiple sale and must be reported not later than the close of business on Friday. If the licensee sells the same unlicensed person another pistol or revolver on the following Monday, this would constitute an additional multiple sale and must also be reported.

Example 3. A licensee maintaining business hours on Monday through Saturday sells a revolver to an unlicensed person on Monday and sells another revolver to the same person on the following Saturday. This does not constitute a multiple sale and need not be reported since the sales did not occur during five consecutive business days.

FORMS. Forms are available from:

Bureau of Alcohol, Tobacco and Firearms ATF Distribution Center 3800 S. Four Mile Run Drive Arlington, VA 22206

INQUIRIES. Inquiries, regarding this circular should refer to its number and be addressed to the office of your Regional Director.

Rex Davis

REX D. DAVIS

Director

 
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