C.F.R. » Title 27 » CHAPTER II—BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DEPARTMENT OF JUSTICE › SUBCHAPTER B—FIREARMS AND AMMUNITION › PART 479—MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER FIREARMS › Subpart F—Transfer Tax

27 C.F.R. § 479.86

Action on application

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The Director will consider a completed and properly executed application, Form 4 (Firearms), to transfer a firearm. If the application is approved, the Director will affix the appropriate National Firearms Act stamp, cancel it, and return the original application showing approval to the transferor who may then transfer the firearm to the transferee along with the approved application. The approval of an application, Form 4 (Firearms), by the Director will effectuate registration of the firearm to the transferee. The transferee shall not take possession of a firearm until the application, Form 4 (Firearms), for the transfer filed by the transferor has been approved by the Director and registration of the firearm is effectuated to the transferee. The transferee shall retain the approved application as proof that the firearm described therein is registered to the transferee, and shall make the approved Form 4 (Firearms) available to any ATF officer on request. If the application, Form 4 (Firearms), to transfer a firearm is disapproved by the Director, the original application and the remittance for purchase of the stamp will be returned to the transferor with reasons for the disapproval stated on the application. An application, Form 4 (Firearms), to transfer a firearm shall be denied if the transfer, receipt, or possession of a firearm would place the transferee in violation of law. In addition to any other records checks that may be conducted to determine whether the transfer, receipt, or possession of a firearm would place the transferee in violation of law, the Director shall contact the National Instant Criminal Background Check System.

[T.D. ATF-270, 53 FR 10509, Mar. 31, 1988, as amended by T.D. ATF-415, 63 FR 58281, Oct. 29, 1998]
Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2010–2026 · 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). “§ 5812 (b); see also 27 C.F.R. § 479.86 .”
Burkhead (W.D. Mo. 2026). · cites it 3× “86 was later recodified at 27 C.F.R. § 479.86 in 2003 as part of a larger reorganization of title 27 of the Code of Federal Regulations.”
Umbert v. United States of Am. (D.D.C. 2019). · cites it 2× “See 27 C.F.R. § 479.86 . When someone attempts to purchase a firearm from an FFL, the FFL sends information about the purchaser to the Federal Bureau of Investigation (FBI), which conducts a background check using the National Instant Criminal Background Check System (NICS).”
Kaszycki v. United States of Am. (W.D. Wash. 2020). · cites it 2× “§ 5812 (a); 27 C.F.R. § 479.86 . In making this determination, ATF 6 may check records systems and, by regulation, must consult NICS.”
Bowen v. United States (S.D. Ga. 2021). “27 C.F.R. § 479.86 . Like with traditional firearm transfers, NICS issues a proceed, denied, or delayed determination.”
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