Federal Firearms Law & ATF Compliance

Federal Firearms Law

What every EGO Arms buyer and seller needs to know about federal regulations — from the background check at your FFL to registering an NFA item.

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Not legal advice. This page summarizes federal law for informational purposes only. Laws change; state laws vary significantly. Consult a licensed attorney or your FFL dealer for advice specific to your situation. EGO Arms is not responsible for compliance decisions made based on this page.

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Form 4473 — Firearms Transaction Record FFL Required

ATF Form 4473 is completed at your FFL dealer for every commercial firearm transfer.

When you win a firearm auction on EGO Arms and pick it up at your FFL dealer, you will fill out ATF Form 4473 (Firearms Transaction Record). The form certifies that you are legally eligible to purchase the firearm under federal law. Your FFL dealer keeps the original; they are legally required to retain it for 20 years.

You must answer "Yes" or "No" to a series of eligibility questions honestly. Lying on Form 4473 is a federal felony (18 U.S.C. § 1001) carrying up to 10 years in prison — regardless of whether the transfer is approved.

Provide Government-Issued Photo ID

Driver's license or state ID showing your current address. For handguns, you must be a resident of the state where the transfer occurs.

Complete Section A — Personal Information

Name, address, date of birth, place of birth, and government ID number. Must match your ID exactly.

Answer the Eligibility Questions (Section B)

21 yes/no questions covering prohibited person categories (see below), citizenship, and intended use. Any disqualifying "Yes" answer stops the transfer.

Sign and Date the Certification

Your signature certifies under penalty of perjury that all answers are true and that you are the actual transferee (not a straw purchaser).

FFL Dealer Runs NICS Check

The dealer contacts the FBI's NICS system (by phone or electronically). Most checks complete in minutes. Result: Proceed, Deny, or Delay.

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NICS Background Check Federal

The National Instant Criminal Background Check System — run by the FBI at the time of transfer.

NICS was established by the Brady Handgun Violence Prevention Act of 1993. It searches three databases simultaneously: the Interstate Identification Index (III) for criminal history, the National Crime Information Center (NCIC) for protective orders and warrants, and the NICS Index for federal prohibitions.

Proceed

✓ Clear

Transfer is approved. Dealer completes the sale. No disqualifying record found.

Deny

✕ Blocked

Transfer is declined. A disqualifying record was found. You may appeal through the NICS Section.

Delay

⏳ Pending

More research needed. FFL must wait up to 3 business days. If no response by day 3, dealer may transfer at their discretion (the "default proceed").

Response Time

~90%

Of checks are resolved within minutes. Delays typically affect records with incomplete or ambiguous information.

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NFA Items — Registration & Transfer NFA

Suppressors, short-barreled rifles, machine guns, AOW, and destructive devices require ATF registration.

The National Firearms Act (1934) requires registration of certain firearm types with the ATF. EGO Arms lists transferable NFA items — items already registered in the NFAR (National Firearms Registration and Transfer Record). Unregistered NFA items cannot legally be transferred to civilians.

Win Auction / Agree to Purchase Price

All NFA transfers must go through a licensed SOT (Special Occupational Taxpayer) Class III dealer, even if the seller is a private individual.

Seller Ships to Your SOT Dealer

The item goes to a Class III FFL/SOT in your state. It stays there during the entire ATF approval period — you cannot take possession until approved.

Submit ATF Form 4 (Tax-Paid Transfer)

Your SOT dealer prepares ATF Form 4 on your behalf. Include a $200 tax stamp payment (or $5 for AOW). Passport photos and fingerprint cards required. Can also be done as a trust or legal entity.

Wait for ATF Approval

Current e-Form 4 wait times via approved eForms: typically 60–90 days. Paper Form 4: 6–12+ months. You cannot take possession until the approved Form 4 is returned.

Complete NICS Check and Take Possession

Once approved, your SOT dealer runs a standard NICS check, you fill out Form 4473, and the item transfers to you. Keep the approved Form 4 with the item at all times.

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Curios & Relics License (Type 03 FFL)

Licensed collectors can receive eligible C&R firearms directly by mail without using a local FFL dealer.

A Type 03 FFL (C&R License) allows licensed collectors to acquire C&R-eligible firearms directly — including by interstate shipment — without requiring a local FFL dealer as an intermediary. The license costs $30 for 3 years and is issued by the ATF to individuals who collect firearms as a hobby.

A firearm qualifies as C&R if it is at least 50 years old, or if it is on the ATF's official Curios & Relics list (which includes many military surplus and historically significant firearms regardless of age).

C&R licensees must maintain a bound book (acquisition and disposition record), must make it available for ATF inspection, and must comply with all state laws — many states do not recognize the C&R exemption for handguns.

License Cost

$30

Valid for 3 years. Apply via ATF Form 7CR.

Eligible Items

50+ yrs

Or ATF-listed items regardless of age. Check the ATF C&R list.

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Federal Prohibited Persons Federal

Under 18 U.S.C. § 922(g), these individuals may not purchase, possess, or transfer firearms or ammunition.

Convicted felons — anyone convicted of a crime punishable by more than one year in prison (even if the sentence was less).

Fugitives from justice — individuals with outstanding felony warrants.

Unlawful users of controlled substances — including marijuana (federally controlled, regardless of state law).

Persons adjudicated mentally defective or committed to a mental institution — by a court, board, or other lawful authority.

Illegal aliens — persons unlawfully in the United States; also applies to non-immigrant visa holders with limited exceptions.

Persons dishonorably discharged from the U.S. armed forces.

Persons who have renounced U.S. citizenship.

Persons subject to qualifying domestic violence restraining orders — must meet specific criteria under 18 U.S.C. § 922(g)(8).

Persons convicted of a misdemeanor crime of domestic violence — including any crime involving physical force or use of a deadly weapon against a domestic partner or household member.

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Interstate Transfer Rules FFL Required

Firearm transfers between residents of different states must go through a licensed FFL dealer in the buyer's state.

Under the Gun Control Act of 1968 (18 U.S.C. § 922(a)), it is illegal for a private person to transfer a firearm directly to a resident of another state. Every EGO Arms transaction where buyer and seller are in different states must route the firearm through an FFL dealer in the buyer's state.

Handguns: Must transfer through an FFL in the buyer's state, with a standard 4473 and NICS check. Minimum age is 21 for handgun purchases from dealers (18 from private parties in most states).

Long guns (rifles and shotguns): May transfer through any licensed FFL dealer in any state, provided the transfer complies with the laws of both the seller's and buyer's state. Minimum age is 18.

Same-state private transfers: Federal law does not require a background check for private sales within the same state, but many states do impose this requirement. Check your state's laws before completing a private transfer.