27 C.F.R. § 479.85

Identification of transferee

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(a) If the transferee is an individual, such person shall:

(1) Securely attach to each copy of the Form 4, in the space provided on the form, a 2 x 2-inch photograph of the applicant, clearly showing a full front view of the features of the applicant with head bare, with the distance from the top of the head to the point of the chin approximately 1 1/4 inches, and which shall have been taken within 1 year prior to the date of the application; and

(2) Attach to the application two properly completed FBI Forms FD-258 (Fingerprint Card). The fingerprints must be clear for accurate classification and should be taken by someone properly equipped to take them.

(b) If the transferee is not a licensed manufacturer, importer, or dealer qualified under this part and is a partnership, company, association, trust, or corporation, such person shall:

(1) Be identified on the Form 4 by the name and exact location of the place of business, including the name and number of the building and street, and the name of the county in which the business is located or, in the case of a trust, the primary location at which the firearm will be maintained. In the case of two or more locations, the address shown shall be the principal place of business (or principal office, in the case of a corporation) or, in the case of a trust, the primary location at which the firearm will be maintained;

(2) Except as provided in paragraph (c) of this section, attach to the application—

(i) Documentation evidencing the existence and validity of the entity, which includes complete and unredacted copies of partnership agreements, articles of incorporation, corporate registration, and declarations of trust, with any trust schedules, attachments, exhibits, and enclosures;

(ii) A completed ATF Form 5320.23 for each responsible person. Form 5320.23 requires certain identifying information, including the responsible person's full name, position, home address, date of birth, and country of citizenship if other than the United States;

(iii) In the space provided on Form 5320.23, a 2 x 2-inch photograph of each responsible person, clearly showing a full front view of the features of the responsible person with head bare, with the distance from the top of the head to the point of the chin approximately 1 1/4 inches, and which shall have been taken within 1 year prior to the date of the application; and

(iv) Two properly completed FBI Forms FD-258 (Fingerprint Card) for each responsible person. The fingerprints must be clear for accurate classification and should be taken by someone properly equipped to take them.

(c) If the applicant entity has had an application approved as a maker or transferee within the preceding 24 months, and there has been no change to the documentation previously provided, the entity may provide a certification that the information has not been changed since the prior approval and shall identify the application for which the documentation had been submitted by form number, serial number, and date approved.

[ATF-41F, 81 FR 2722, Jan. 15, 2016]

Notes of Decisions

Cited in 4 cases, 2010–2017 · leading case: United States v. McGill, 618 F.3d 1273 (11th Cir. 2010).

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United States v. McGill, 618 F.3d 1273 (11th Cir. 2010). · cites it 2× “§ 5812 (a); 27 C.F.R. § 479.85 . The transferor's application must be accompanied by a "certificate of the local chief of police, sheriff of the county, head of the State police, State or local district attorney or prosecutor,” or other acceptable person, which certificate…”

People v. Brown, 227 Cal. App. 4th 451 (Cal. Ct. App. 2014). · cites it 3× “§§ 5861 (d), 5845(a), 5822, 5812(a); 27 C.F.R. § 479.85 (2014). 7 ) He also points out that some states allow the possession of shotguns less than 26 inches in length if they comply with federal law.”

People v. Brown (Cal. Ct. App. 2014). · cites it 3× “( 27 C.F.R. § 479.85 ; see fn. 7, ante.) There is no change in judgment.”

Paul Viriyapanthu v. Thomas Brandon, 686 F. App'x 390 (9th Cir. 2017). “§ 5812 and 27 C.F.R. §§ 479.85 , 479.90-479.91, and Viriyapanthu does not allege any alternative manner in which the government authorized his receipt and possession of a machine gun.”

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