![[Pasted image 20251005004551.png]] "Violation Type","Applicable Regulations" "Transferring a Firearm to a Prohibited Person","27 CFR § 478.99(c); 18 U.S.C. § 922(d)" "Failure to Conduct a Required Background Check","28 CFR § 25.6" "Falsifying Firearms Transaction Records","27 CFR § 478.124; 18 U.S.C. § 922(a)(6)" "Failure to Respond to an ATF Trace Request","27 CFR § 478.25a; 18 U.S.C. § 923(g)(7)" "Refusing to Permit an ATF Inspection","27 CFR § 478.23; 18 U.S.C. § 923(g)(1)(B)(ii)" ### **1. Transferring a Firearm to a Prohibited Person** A "prohibited person" is an individual who is barred from possessing firearms under federal law. This is a significant violation of public safety. - **United States Code (U.S.C.):** _18 U.S.C. § 922(d)_ makes it unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person is a prohibited person. - **Code of Federal Regulations (CFR):** _27 CFR § 478.99(c)_ outlines the responsibilities of a Federal Firearms Licensee (FFL) to not sell or deliver a firearm to any person if they have reasonable cause to believe that the person is prohibited from possessing firearms. ### **2. Failure to Conduct a Required Background Check** FFLs are generally required to conduct a background check through the National Instant Criminal Background Check System (NICS) before transferring a firearm to a non-licensee. - **Code of Federal Regulations (CFR):** _28 CFR § 25.6_ details the process for FFLs to access the NICS to conduct a background check. This regulation, promulgated by the Department of Justice, governs the operation of the NICS. ### **3. Falsifying Firearms Transaction Records** This includes knowingly making any false statement or representation on the ATF Form 4473, the primary record of a firearm transfer. - **United States Code (U.S.C.):** _18 U.S.C. § 922(a)(6)_ makes it unlawful for any person in connection with the acquisition of a firearm from a licensed dealer to knowingly make any false or fictitious oral or written statement. - **Code of Federal Regulations (CFR):** _27 CFR § 478.124_ specifies the requirements for the Firearms Transaction Record, Form 4473, that must be completed for the transfer of a firearm. ### **4. Failure to Respond to an ATF Trace Request** When a firearm is used in a crime, the ATF can trace its history from the manufacturer to the first retail purchaser. FFLs are required to cooperate with these trace requests in a timely manner. - **United States Code (U.S.C.):** _18 U.S.C. § 923(g)(7)_ requires that a licensee shall respond immediately to a request for information contained in the records required to be kept for the purpose of tracing a firearm. - **Code of Federal Regulations (CFR):** _27 CFR § 478.25a_ mandates that upon receipt of a request from the ATF for a firearms trace, a licensee must provide the requested information within 24 hours. ### **5. Refusing to Permit ATF to Conduct an Inspection** FFLs are subject to inspections by the ATF to ensure compliance with federal firearms laws and regulations. - **United States Code (U.S.C.):** _18 U.S.C. § 923(g)(1)(B)(ii)_ grants the Attorney General the authority to enter the premises of a licensed dealer during business hours for the purpose of examining records and the firearms inventory. - **Code of Federal Regulations (CFR):** _27 CFR § 478.23_ states that any ATF officer may enter the premises of any licensed dealer during business hours for the purpose of examining required records and the firearms and ammunition kept or stored at such premises.