27 C.F.R. § 478.125

Record of receipt and disposition

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(a) Armor piercing ammunition sales by licensed collectors to nonlicensees. The sale or other disposition of armor piercing ammunition by licensed collectors shall be recorded in a bound record at the time a transaction is made. The bound record shall be maintained in chronological order by date of sale or disposition of the armor piercing ammunition, and shall be retained on the licensed premises of the licensee for a period not less than two years following the date of the recorded sale or disposition of the armor piercing ammunition. The bound record entry shall show:

(1) The date of the transaction;

(2) The name of the manufacturer;

(3) The caliber or gauge;

(4) The quantity of projectiles;

(5) The name, address, and date of birth of the nonlicensee; and

(6) The method used to establish the identity of the armor piercing ammunition purchaser.

The format required for the bound record is as follows:

Disposition Record of Armor Piercing Ammunition
Date	Manufacturer	Caliber or gauge	Quantity of projectiles	Purchaser		Enter a (x) in the “known” column if purchaser is personally known to you. Otherwise, establish the purchaser's identification
Date	Manufacturer	Caliber or gauge	Quantity of projectiles	Name and address	Date of birth	Known	Driver's license	Other type (specify)

However, when a commercial record is made at the time a transaction is made, a licensee may delay making an entry into the bound record if the provisions of paragraph (d) of this section are complied with.

(b) Armor piercing ammunition sales by licensed collectors to licensees. Sales or other dispositions of armor piercing ammunition from a licensed collector to another licensee shall be recorded and maintained in the manner prescribed in § 478.122(b) for importers: Provided, That the license number of the transferee may be recorded in lieu of the transferee's address.

(c) Armor piercing ammunition sales by licensed dealers to governmental entities. A record of armor piercing ammunition disposed of by a licensed dealer to a governmental entity pursuant to § 478.99(e) shall be maintained by the licensed dealer on the licensed premises and shall show the name of the manufacturer, the caliber or gauge, the quantity, the name and address of the entity to which the armor piercing ammunition was transferred, and the date of the transaction. Such information shall be recorded under the format prescribed by § 478.122(b). Each licensed dealer disposing of armor piercing ammunition pursuant to § 478.99(e) shall also maintain a record showing the date of acquisition of such ammunition which shall be filed in an orderly manner separate from other commercial records maintained and be readily available for inspection. The records required by this paragraph shall be retained on the licensed premises of the licensee for a period not less than two years following the date of the recorded sale or disposition of the armor piercing ammunition.

(d) Commercial records of armor piercing ammunition transactions. When a commercial record is made at the time of sale or other disposition of armor piercing ammunition, and such record contains all information required by the bound record prescribed by paragraph (a) of this section, the licensed collector transferring the armor piercing ammunition may, for a period not exceeding 7 days following the date of such transfer, delay making the required entry into such bound record: Provided, That the commercial record pertaining to the transfer is:

(1) Maintained by the licensed collector separate from other commercial documents maintained by such licensee, and

(2) Is readily available for inspection on the licensed premises until such time as the required entry into the bound record is made.

(e) Firearms receipt and disposition by dealers. Except for adjustment or repair of a firearm that is returned to the person from whom it was received on the same day, each licensed dealer shall enter into a record each receipt and disposition of firearms. In addition, before commencing or continuing a firearms business, each licensed dealer shall inventory the firearms possessed for such business and shall record the same in the record required by this paragraph. The record required by this paragraph shall be maintained in bound form in the format prescribed below. The purchase or other acquisition of a firearm shall, except as provided in paragraphs (g) and (i) of this section, be recorded not later than the close of the next business day following the date of such purchase or acquisition. The record shall show the date of receipt, the name and address or the name and license number of the person from whom received, the name of the manufacturer and importer (if any), the model, serial number (including any associated license number either as a prefix, or if remanufactured or imported, separated by a semicolon), type, and the caliber or gauge of the firearm. In the event the licensee records a duplicate entry with the same firearm and acquisition information, whether to close out an old record book or for any other reason, the licensee shall record a reference to the date and location of the subsequent entry (e.g., date of new entry, book name/number, page number, and line number) as the disposition. The sale or other disposition of a firearm shall be recorded by the licensed dealer not later than seven days following the date of such transaction. When such disposition is made to a nonlicensee, the firearms transaction record, Form 4473, obtained by the licensed dealer shall be retained, until the transaction is recorded, separate from the licensee's Form 4473 file and be readily available for inspection. When such disposition is made to a licensee, the commercial record of the transaction shall be retained, until the transaction is recorded, separate from other commercial documents maintained by the licensed dealer, and be readily available for inspection. The record shall show the date of the sale or other disposition of each firearm, the name and address of the person to whom the firearm is transferred, or the name and license number of the person to whom transferred if such person is a licensee, or the firearms transaction record, Form 4473, transaction number if the licensed dealer transferring the firearm sequentially numbers the Forms 4473 and files them numerically. The format required for the record of receipt and disposition of firearms is as follows:

Table 2 to Paragraph (e)—Firearms Dealer Acquisition and Disposition Record
Description of firearm					Receipt		Disposition
Manufacturer, importer (if any), or “privately made firearm” (PMF)	Model	Serial No.	Type	Caliber or gauge	Date	Name and address of nonlicensee; or if licensee, name and license No.	Date	Name	Address of nonlicensee; license No. of licensee; or Form 4473 transaction No. if such forms filed numerically

(f) Firearms receipt and disposition by licensed collectors. (1) Each licensed collector shall enter into a record each receipt and disposition of firearms curios or relics. The record required by this paragraph shall be maintained in bound form under the format prescribed below. The purchase or other acquisition of a curio or relic shall, except as provided in paragraphs (g) and (i) of this section, be recorded not later than the close of the next business day following the date of such purchase or other acquisition. The record shall show the date of receipt, the name and address or the name and license number of the person from whom received, the name of the manufacturer and importer (if any), the model, serial number (including any associated license number either as a prefix, or if remanufactured or imported, separated by a semicolon), type, and the caliber or gauge of the firearm curio or relic. In the event the licensee records a duplicate entry with the same firearm and acquisition information, whether to close out an old record book or for any other reason, the licensee shall record a reference to the date and location of the subsequent entry (e.g., date of new entry, book name/number, page number, and line number) as the disposition. The sale or other disposition of a curio or relic shall be recorded by the licensed collector not later than seven days following the date of such transaction. When such disposition is made to a licensee, the commercial record of the transaction shall be retained, until the transaction is recorded, separate from other commercial documents maintained by the licensee, and be readily available for inspection. The record shall show the date of the sale or other disposition of each firearm curio or relic, the name and address of the person to whom the firearm curio or relic is transferred, or the name and license number of the person to whom transferred if such person is a licensee, and the date of birth of the transferee if other than a licensee. In addition, the licensee shall cause the transferee, if other than a licensee, to be identified in any manner customarily used in commercial transactions (e.g., a driver's license), and note on the record the method used.

(2) The format required for the record of receipt and disposition of firearms by collectors is as follows:

Table 3 to Paragraph (f)(2)—Firearms Collector Acquisition and Disposition Record
Description of firearm					Receipt		Disposition
Manufacturer, importer (if any), or “privately made firearm” (PMF)	Model	Serial No.	Type	Caliber or gauge	Date	Name and address of nonlicensee; or if licensee, name and license No.	Date	Name and address of nonlicensee; or if licensee, name and license No.	Date of birth if nonlicensee	Driver's license No. or other identification if nonlicensee

(g) Commercial records of firearms received. When a commercial record is held by a licensed dealer or licensed collector showing the acquisition of a firearm or firearm curio or relic, and such record contains all acquisition information required by the bound record prescribed by paragraphs (e) and (f) of this section, the licensed dealer or licensed collector acquiring such firearm or curio or relic, may, for a period not exceeding 7 days following the date of such acquisition, delay making the required entry into such bound record: Provided, That the commercial record is, until such time as the required entry into the bound record is made, (1) maintained by the licensed dealer or licensed collector separate from other commercial documents maintained by such licensee, and (2) readily available for inspection on the licensed premises: Provided further, That when disposition is made of a firearm or firearm curio or relic not entered in the bound record under the provisions of this paragraph, the licensed dealer or licensed collector making such disposition shall enter all required acquisition information regarding the firearm or firearm curio or relic in the bound record at the time such transfer or disposition is made.

(h) Alternate records. Notwithstanding the provisions of paragraphs (a), (e), and (f) of this section, the Director of Industry Operations may authorize alternate records to be maintained by a licensed dealer or licensed collector to record the acquisition and disposition of firearms or curios or relics and the disposition of armor piercing ammunition when it is shown by the licensed dealer or the licensed collector that such alternate records will accurately and readily disclose the required information. A licensed dealer or licensed collector who proposes to use alternate records shall submit a letter application, in duplicate, to the Director of Industry Operations and shall describe the proposed alternate records and the need therefor. Such alternate records shall not be employed by the licensed dealer or licensed collector until approval in such regard is received from the Director of Industry Operations.

(i) Privately made firearms. Except for adjustment or repair of a firearm that is returned to the person from whom it was received on the same day, licensees must record each receipt or other acquisition (including from a personal collection) and disposition (including to a personal collection) of a privately made firearm within the timeframe required by paragraph (e) of this section for firearms. For purposes of this paragraph, the terms “receipt” and “acquisition” shall include same-day or on-the-spot placement of identifying markings unless another licensee is placing the markings for, and under the direct supervision of, the licensee who recorded the acquisition. In that case, the licensee placing the markings need not record an acquisition from the supervising licensee or disposition upon return. The serial number need not be immediately recorded if the firearm is being identified by the licensee, or under the licensee's direct supervision with the licensee's serial number, in accordance with § 478.92(a)(2). Once the privately made firearm is so identified, the licensee shall update the record of acquisition entry with the serial number, including the license number prefix, and shall record its disposition in accordance with this section. In this part and part 447, where no manufacturer name has been identified on a privately made firearm (if privately made in the United States), the words “privately made firearm” (or abbreviation “PMF”) shall be recorded as the name of the manufacturer.

(Approved by the Office of Management and Budget under control number 1140-0032) [T.D. ATF-270, 53 FR 10503, Mar. 31, 1988, as amended by T.D. ATF-273, 53 FR 24687, June 30, 1988; T.D. ATF-313, 56 FR 32508, July 17, 1991; T.D. ATF-389, 62 FR 19445, Apr. 21, 1997; ATF-11F, 73 FR 57241, Oct. 2, 2008; ATF-22I, 77 FR 33634, June 7, 2012; ATF-19 F, 79 FR 45092, Aug. 4, 2014; ATF 2015R-26, 81 FR 38071, June 13, 2016; ATF-2021R-05F, 87 FR 24745, Apr. 26, 2022; 87 FR 51250, Aug. 22, 2022]

Notes of Decisions

Cited in 37 cases (4 in the last 5 years), 2004–2024 · leading case: Gen. Store, Inc. v. Van Loan, 560 F.3d 920 (9th Cir. 2009).

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Gen. Store, Inc. v. Van Loan, 560 F.3d 920 (9th Cir. 2009). · cites it 8× “” 27 C.F.R. § 478.125 (e). The regulations include a form for the record — commonly called an Acquisition and Disposition Record — that requires specific information be gathered and recorded.”

Blaustein & Reich, Inc., D/B/A Bob's Gun & Tackle Shop v. Bradley A. Buckles, Dir., Bureau of Alcohol, Tobacco, Firearms, & Explosives, 365 F.3d 281 (4th Cir. 2004). · cites it 3× “27 C.F.R. § 478.125 (e). The Bureau has some access to this information but only as authorized by statute or regulation.”

Pinion Enter., Inc. v. Ashcroft, 371 F. Supp. 2d 1311 (N.D. Ala. 2005). · cites it 3× “The license revocation was based upon Petitioner’s willful failure to properly record the acquisition of seventy-seven firearms pursuant to §§ 922(m), 923(g), and 27 C.F.R. § 478.125 (e) (Count I); Petitioner’s willful failure to properly record the disposition of 187 firearms…”

Fairmont Cash Mgmt, L.L.C. v. Tanarra James, 858 F.3d 356 (5th Cir. 2017). · cites it 2× “§ 923 (g)(5)(A) and 27 C.F.R. § 478.125 ; • On twelve different occasions, failing to timely and accurately report the sale of two or more pistols or revolvers to the same unlicensed person in violation of 18 U.”

J & G Sales Ltd v. Carl J. Truscott, Dir., Bureau of Alcohol, Tobacco, Firearms & Explosives, 473 F.3d 1043 (9th Cir. 2007). · cites it 2× “” 27 C.F.R. § 478.125 (e). After selling a firearm, FFL dealers must further record the name and address of the purchaser along with the date of sale.”

Willingham Sports, Inc. v. Bureau of Alcohol, Tobacco, Firearms & Explosives, 348 F. Supp. 2d 1299 (S.D. Ala. 2004). · cites it 2× “First, Willingham and all other licensed firearms dealers must maintain a bound book recording the acquisition and disposition of every firearm that enters and leaves their inventory, pursuant to 27 C.F.R. § 478.125 (e). 2 This book is often referred to as an “Acquisitions and…”

Am. Arms Int'l v. Herbert, 563 F.3d 78 (4th Cir. 2009). “§ 923 (g)(1)(A) (2006); see also 27 C.F.R. § 478.125 (e) (2008) ("[E]ach licensed dealer shall enter into a record each receipt and disposition of firearms.”

Breit & Johnson Sporting Goods, Inc. v. Ashcroft, 320 F. Supp. 2d 671 (N.D. Ill. 2004). · cites it 2× “124 , and (2) failed to accurately maintain a bound book recording the acquisition and disposition of firearms in and out of its inventory, 3 as required by 27 C.F.R. § 478.125 (e). In 1977, an ATF inspector found numerous omissions and incomplete answers on the Forms 4473 he…”

Nat'l Shooting Sports Found., Inc. v. Jones, 716 F.3d 200 (D.C. Cir. 2013). “NSSF also complains that FFLs ordinarily have seven days from the transaction date to record the sale or disposition of a firearm in a Firearms Acquisition and Disposition Record, 27 C.F.R. § 478.125 (e), and that, because the demand letter requires that FFLs report multiple…”

RSM, Inc. v. Herbert, 466 F.3d 316 (4th Cir. 2006). “§§ 923 (g)(1)(A) and 922(t)(l) and 27 C.F.R. §§ 478.125 (e), 478.124(c), and 478.”

Willingham Sports, Inc. v. Bureau of Alcohol, Tobacco, Firearms & Explosives, 415 F.3d 1274 (11th Cir. 2005). “The relevant regulations here are 27 C.F.R. § 478.125 (e), which requires licensed firearms dealers to record “each receipt and disposition of firearms” in what is commonly called a “bound book,” and 27 C.”

Gazzola v. Hochul, 88 F.4th 186 (2d Cir. 2023). “§ 923 (g)(1)(A); 27 C.F.R. § 478.125 (e). However, and central to Appellants’ theory of preemption, while New York law requires ﬁrearms dealers to semi-annually report their records to the State Police, N.”

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— 27 C.F.R. § 478.125(e) — 1 case

Augustson v. Holder, 728 F. Supp. 2d 1279 (D.N.M. 2010).

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