Dear Mr. XXX:
Recently, your participation in the purchase and/or transfer of firearms has come to the attention of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). ATF issues licenses to those who wish to deal in firearms, and also enforces the Federal firearms laws when people deal without a license. ATF seeks the cooperative efforts of the general public to fulfill this mandate and that is why we are contacting you on this matter.
Your firearm activity could bring you within the definition of a dealer in firearms as defined by the Gun Control Act of 1968, as amended. This definition (18 U.S.C. Section 921(A)(21)(c)) includes “a person who devotes time, attention and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms.” To willfully deal in firearms without a license issued by ATF would place you in violation of 18 U.S.C. Section 922(A)(1)(a). A sentence of not more than 5 years imprisonment and/or a $5,000 fine may be imposed for anyone found guilty of dealing in firearms without a license.
Further, when purchasing firearms from a Federal licensed firearms dealer, you complete an ATF Form 4473, Firearms Transaction Record. When completing that form, you are advised by the instructions that if you are buying the firearm for someone other than yourself, you are violating the above-cited law as well as providing false information on the ATF Form 4473. Providing false information on an ATF Form 4473 is a violation of 18 U.S.C., Section 922(A)(6) and is punishable by a sentence of not more than 10 years imprisonment and/or a fine may be imposed.
If you conduct firearms activities on a scale that would bring you within the scope of the above definition of a “dealer,” then you must apply for a Federal Firearms License. You can obtain an application packet by calling the ATF Distribution Center at XXX-XXXX. If you have further questions, please contact me at XXX-XXXX.