Application
A firearm shall not be transferred unless (1) the transferor of the firearm has filed with the Secretary a written application, in duplicate, for the transfer and registration of the firearm to the transferee on the application form prescribed by the Secretary; (2) any tax payable on the transfer is paid as evidenced by the proper stamp affixed to the original application form; (3) the transferee is identified in the application form in such manner as the Secretary may by regulations prescribe, except that, if such person is an individual, the identification must include his fingerprints and his photograph; (4) the transferor of the firearm is identified in the application form in such manner as the Secretary may by regulations prescribe; (5) the firearm is identified in the application form in such manner as the Secretary may by regulations prescribe; and (6) the application form shows that the Secretary has approved the transfer and the registration of the firearm to the transferee. Applications shall be denied if the transfer, receipt, or possession of the firearm would place the transferee in violation of law.
Transfer of possession
The transferee of a firearm shall not take possession of the firearm unless the Secretary has approved the transfer and registration of the firearm to the transferee as required by subsection (a) of this section.
Pub. L. 90–618, title II, § 20182 Stat. 1228Pub. L. 94–455, title XIX, § 1906(b)(13)(A)90 Stat. 1834(Added , , ; amended , , .)
Editorial Notes
Prior Provisions
act Aug. 16, 1954, ch. 73668A Stat. 722Pub. L. 90–618A prior section 5812, , , consisted of provisions similar to those comprising this section, prior to the general revision of this chapter by .
act Aug. 16, 1954, ch. 73668A Stat. 723Pub. L. 90–618A prior section 5813, , , related to the affixing of the required stamps to the order form for the firearm, prior to the general revision of this chapter by .
Aug. 16, 1954, ch. 73668A Stat. 723Pub. L. 85–859, title II, § 203(c)72 Stat. 1427Pub. L. 90–618A prior section 5814, acts , ; , , , related to the order forms required for the transfer of a firearm, prior to the general revision of this chapter by .
Amendments
Pub. L. 94–4551976—Subsecs. (a), (b). struck out “or his delegate” after “Secretary” wherever appearing.