o. Committed to a Mental Institution. A formal commitment of a person to
a mental institution by a court, board, commission, or other lawful authority.
The term includes a commitment to a mental institution involuntarily. The
term includes commitment for mental defectiveness or mental illness. It
also includes commitments for other reasons, such as for drug use. The
term does not include a person in a mental institution for observation or a
voluntary admission to a mental institution.
EXCEPTION NICS Improvement Amendments Act of 2007: A person who
has been adjudicated as a mental defective or committed to a mental institution
in a state proceeding is not prohibited by the adjudication or commitment if the
person has been granted relief by the adjudicating/committing state pursuant to
a qualifying mental health relief from disabilities program. Also, a person who
has been adjudicated as a mental defective or committed to a mental institution
by a department or agency of the Federal Government is not prohibited by the
adjudication or commitment if either: (a) the person’s adjudication or
commitment was set-aside or expunged by the adjudicating/committing agency;
(b) the person has been fully released or discharged from all mandatory
treatment, supervision, or monitoring by the agency; (c) the person was found
by the agency to no longer suer from the mental health condition that served
as the basis of the initial adjudication/commitment; or (d) the adjudication or
commitment respectively, is based solely on a medical nding of disability,
without an opportunity for a hearing by a court, board, commission, or other
lawful authority, and the person has not been adjudication as a mental defective
consistent with 922(g)(4) of title 18, United States code; or (e) the person was
granted relief from the adjudicating/committing agency pursuant to a qualied
mental health relief from disabilities program. Persons who fall within one
of the above exceptions should mark “no” in the applicable box. This exception
to an adjudication or commitment by a Federal department or agency does
not apply to any person who was adjudicated to be not guilty by reason of
insanity, or based on a lack of mental responsibility, or found incompetent to
stand trial, in any criminal case or under the Uniform Code of Military
Justice.
p. Restraining Order. Under 18 U.S.C. § 922, rearms may not be sold to
or received by persons subject to a court order that: (A) was issued after
a hearing which the person received actual notice of and had an opportunity
to participate in; (B) restrains such person from harassing, stalking, or
threatening an intimate partner or child of such intimate partner or person,
or engaging in other conduct that would place an intimate partner in
reasonable fear of bodily injury to the partner or child; and (C)(i) includes a
nding that such person represents a credible threat to the physical safety of
such intimate partner or child; or (ii) by its terms explicitly prohibits the use,
attempted use, or threatened use of physical force against such intimate
partner or child that would reasonably be expected to cause bodily injury.
An “intimate partner” of a person is: the spouse or former spouse of the
person, the parent of a child of the person, or an individual who cohabitates
or has cohabitated with the person.
q. Misdemeanor Crime of Domestic Violence: A Federal, State, local,
tribal oense that is a misdemeanor under the Federal, State, or tribal law
and has, as an element, the use or attempted use of physical force, or the
threatened use of a deadly weapon, committed by a current or former
spouse, parent, or guardian of the victim, by a person with whom the victim
shares a child in common, by a person cohabitating with, or has cohabited
with the victim as a spouse, parent, or guardian, or by a person similarly
situated to a spouse, parent, or guardian of the victim. The term includes
all misdemeanors that have as an element the use or attempted use of
physical force or the threatened use of a deadly weapon (e.g., assault and
battery), if the oense is committed by one of the dened parties. (See
Exception in the denition of “Prohibited Person”). A person who has
been convicted of a misdemeanor crime of domestic violence also is not
prohibited unless: (1) the person was represented by a lawyer or gave up the
right to a lawyer; or (2) if the person was entitled to a jury, was tried by a
jury, or gave up the right to a jury trial. Persons subject to this exception
should mark “no” in the applicable box.
r. Alien Admitted to the United States Under a Nonimmigrant Visa. An
alien admitted to the United States under a nonimmigrant visa includes,
among others, persons visiting the United States temporarily for
business or pleasure, persons studying in the United States who maintain
a residence abroad, and certain temporary foreign workers. These aliens
must answer “yes” to question 16.d.1 and provide the additional
documentation required under question 16.d.2. Permanent resident aliens
and aliens legally admitted to the United States pursuant either the Visa
Waiver Program or to regulations otherwise exempting them from visa
requirements may answer “no” to this question and are not required to
submit the additional documentation under 16.d.2. An alien admitted to the
United States under a nonimmigrant visa is not prohibited from purchasing,
receiving, or possessing a rearm if the alien: (1) is in possession of a
hunting license or permit lawfully issued by the Federal Government,
a State, or local government, or an Indian tribe federally recognized by the
Bureau of Indian Aairs, which is valid and unexpired; (2) was
admitted to the United States for lawful hunting or sporting purposes; (3)
is an ocial representative of a foreign government who is accredited to
the United States Government or the Government’s mission to an
international organization having its headquarters in the United States; (4)
is an ocial representative of a foreign government who is enroute to or from
another country to which that alien is accredited; (5) is an ocial of a foreign
government or a distinguished foreign visitor who has been so designated by the
Department of State; (6) is a foreign law enforcement ocer of a friendly foreign
government entering the United States on ocial law enforcement business; (7)
has received a waiver from the prohibition from the Attorney General of the
United States.
s. Fugitives from Justice. Any person who has ed from any State to avoid
prosecution for a felony or a misdemeanor, or any person who leaves the State
to avoid giving testimony in any criminal proceeding. The term also includes
any person who knows that misdemeanor or felony charges are pending against
such person and who leaves the State of prosecution.
2. Preparation of Application
a. Authority. As provided by 26 U.S.C. §§ 5811 and 5812, any person seeking to
transfer a rearm must submit, in duplicate, a separate application on this form for each
rearm. The transferor must furnish all the information called for, except as noted by
instructions within, on this application form. Please note that the form now contains
a 3rd (CLEO) copy of the form for use in compliance with instruction 2f and item 12
of the form.
b. Transfer Tax Rates. The transfer tax is $200.00 except when the rearm
is an ‘any other weapon’ where the tax rate is $5.00.
c. Federal Firearms Licensees. If the transferor or transferee is a Federal Firearms
licensee (FFL) under the GCA, the licensee’s complete name, trade name (if any),
and address shall be entered in items 2a or 3a of this form, respectively. The complete
license number for each shall be entered in items 5 and 7 of the form and if the licensee
is a special (occupational) taxpayer under the NFA, the licensee’s employer
identication number (EIN) shall be entered in item 6 and 8 of the form, along
with the class of special tax paid. IMPORTANT NOTE: The business structure
of the licensee shall be described consistently. For example, if the transferor is a sole
proprietor, item 3a shall reect the FFL information for the sole proprietor business
and item 7 shall reect the FFL number for that sole proprietor business. Item 8
will reect the EIN for the sole proprietor business. If the special tax is paid as a
corporation, then it is not valid for the transaction. Similarly, a corporation name
shown in item 3a with the FFL number and EIN of a sole proprietor will not be valid
for the transaction.
d. Completion of Form (NOTE: if the transferee is a Federal rearms
licensee except for a Type 03 licensee, items 12, 13, 14, 15, 16, 17, 18,
19, 20, 21 are required to be completed) .
(1) The transferor shall provide the transferee’s full legal name to include middle and
physical address (no Post Oce boxes) in item 2a. If the transferee is a trust or
legal entity, show only the complete name of the trust or legal entity and do not
include any individual names (such as names of trustees or corporate ocials).
The address shall be the location within the particular state where the rearm
will be maintained for a trust or legal entity. In the case of two or more locations
for a legal entity, the address shown shall be the principal place of business
within the particular state (or principal oce, in the case of a corporation).
(2) If the transferee is an individual, the entire Form 4 shall be completed except for
items 21 and 22. In addition, the transferee must include his or her ngerprints on
FBI Form FD-258 and his or her photos (see instruction 2g).
(3) If the transferee is other than an individual, e.g., a trust or legal entity such as a
corporation, the transferee shall not complete items 14, 15, 16, 17, 18, 19 and
20. All other items must be completed including the signing of the Transferee
Certication statement by the transferee. See 2.d.5. for Responsible Person
Requirements
ATF Form 4 (5320.4)
Revised September 2019