Firearm Transfers

The definition of who is a prohibited person includes many categories of people. The definition of a “prohibited person” is included below. Some categories, like “felons,” are simple. If someone is a felon, then they are prohibited from possessing firearms or ammunition. Other categories, however, aren’t so clear and have specific details which are included below.

Prohibited Person Definition
A “prohibited person” is anyone who:

• Is a felon,
• has been convicted of any crime punishable by more than a year in prison (whether they were ever sentenced to or served a day in prison or not),
• is under indictment for any crime punishable by more than a year in prison,
• is a fugitive,
• is an unlawful user of any controlled substance,
• has been adjudicated as a mental defective,
• has been committed to a mental institution,
• is an illegal alien,
• has a dishonorable discharge from the military,
• has renounced their U.S. citizenship,
• is the subject of a restraining order restraining the person from harassing, stalking, or threatening an intimate partner or the child of an intimate partner, or
• who has been convicted of a misdemeanor crime of domestic violence.

It is ILLEGAL to purchase a firearm posing as the real buyer for someone else. If you do, it is called a straw purchase because the person posing as the buyer likely has a clean background and is doing so on behalf of another, often because that second person may not pass the background check.

A straw purchase is any purchase in which a second person agrees to acquire a firearm for someone else. This is not the same thing as purchasing a firearm as a genuine, bonafide gift. Any individual that purchases a firearm from a Federal Firearms License (FFL) dealer who lies on the Firearm Transaction Record (ATF Form 4473) about the identity of the ultimate possessor of the gun can be charged with making false statements, a felony, and can be punished by up to five years in prison in addition to fines up to $250,000 even if the transaction is denied by the National Instant Criminal Background Check System (NICS).

It is LEGAL to purchase a firearm as a gift for another since you are actually buying the firearm for yourself to gift to another.

As explained by the ATF:

• For Gun Control Act (GCA) purposes, a person is a resident of a state in which he or she is present with the intention of making a home in that state. The state of residence for a corporation or other business entity is the state where it maintains a place of business.
  A member of the Armed Forces on active duty is a resident of the state in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one state and the member’s permanent duty station is in a nearby state to which they commute each day, then the member has two states of residence and may purchase a firearm in either the state where the duty station is located or the state where the home is maintained.
  [18 U.S.C. 921(b), 922(a)(3), and 922(b)(3); 27 CFR 478.11]
  https://www.atf.gov/firearms/qa/what-constitutes-residency-state
• May a person who resides in one state and owns property in another state purchase a firearm in either state?
  If a person maintains a home in two states and resides in both states for certain periods of the year, they may, during the period of time they actually reside in a particular state, purchase a firearm in that state. However, simply owning property in another state does not alone qualify the person to purchase a firearm in that state.
  [27 CFR 478.11]
  https://www.atf.gov/questions-and-answers/qa/may-person-who-resides-one-state-and-owns-property-another-state-purchase

Utah Requirements

As provided by a Brady Supervisor at the Utah Bureau of Criminal Identification (BCI)

“Utah does allow for this situation if the person is currently residing in Utah and produces a government document (as described in the FAQ [What Is An Acceptable Valid Form Of ID To Purchase A Firearm]) that shows their current address. Then the out-of-state driver’s license just has to show as valid still and not be revoked or expired.”

– Our Addition: This means that if you own a home in two (or more) states, while you are living in your home in Utah it is LEGAL to purchase a firearm, including a handgun, using your valid nonresident driver’s license or ID card. Since the address on the Driver’s License or ID card would not be a Utah address you would be required to use any government-issued document as long as it has the current Utah address to show Utah residency as described in the FAQ “What Is An Acceptable Valid Form Of ID To Purchase A Firearm?”. You would enter your Utah residence address in response to question 10 on the ATF Form 4473.

If you have updated your address with the government entity (e.g. DMV) that issued it, your driver’s license may still be used for identification and date of birth verification purposes only. Another valid government-issued document that contains your name and current residential address can be used to supplement your driver’s license as proof of current residence (e.g. Vehicle Registration, Voter Identification Card, Concealed Firearm Permit, etc.).

A valid government-issued photo identification at the time of background check initiation that displays the buyers;

• Full legal name
• Date of birth
• Current residential address

Example: Driver’s License or State Issued Identification Card

– Utah temporary (paper) driver’s licenses ARE accepted.
– A handwritten sticker showing an address change on the back WILL NOT be accepted.
– Identification that is expired WILL NOT be accepted.

As explained by the ATF:

• The identification document presented by the transferee must have a photograph of the transferee, as well as the transferee’s name, residence address, and date of birth. The identification document must also be valid (e.g., unexpired) and have been issued by a governmental entity for the purpose of identification of individuals. An example of an acceptable identification document is a current driver’s license.
  A combination of government-issued documents may be used to meet the requirements of an identification document. For example, a passport that contains the name, date of birth, and photograph of the holder may be combined with a voter or vehicle registration card containing the residence address of the transferee in order to comply with the identification document requirements. A passport issued by a foreign government is also acceptable so long as it has all of the required information.*
  See Important Information Below For Utah Requirements.
• Whether a hunting license or permit issued by a retailer meets the definition of an identification document is State law specific. This license or permit meets the definition of an identification document if the State in which the retailer is located has authorized the retailer to supply State issued documents. If the State recognizes the hunting license or permit as government-issued, then this license or permit would qualify as being government-issued for the purposes of supplementing another government-issued identification document.
  A description of the location of the residence on an identification document, such as a rural route, is sufficient to constitute a residence address provided the purchaser resides in a State or locality where it is considered to be a legal residence address.
  [18 U.S.C. 922(t); 27 CFR 478.11 and 478.124]
  https://www.atf.gov/firearms/qa/what-form-identification-must-licensee-obtain-transferee-firearm

Utah Requirements

As provided by a Brady Supervisor at the Utah Bureau of Criminal Identification (BCI)

“Utah requires a driver’s license or ID card from a state that can be verified by our system in Rule 722-380.”
R722-380-3. Verification of Identification.
(1) For purposes of a criminal history background check as established in Section 76-10-526, the only form of photo identification the bureau shall accept is a driver’s license or identification card that may be accessed through the issuing state’s database and verified as a valid form of identification.

“If the address is not correct on the driver’s license or ID card, Utah does allow any government-issued document to be used as long as it has the current address. This could come from a municipality, state, or federal document. So there are many documents or letters that could be used for this alternative to the address not being correct. The FFL would have to see one of these documents to add to his FFL paperwork in support of a new address.”
“A city bill would work, but something like Rocky Mountain power would not work because it’s not a government agency. If you use taxes or registration, they have to be the current year.”
– Our Addition: A current hunting or fishing license with the individual’s current address will also be accepted because it is issued by the Utah Division of Wildlife Resources (DWR) since it is a government agency.

If you maintain property (a home) in another state see the FAQ “What constitutes residency in a state” for more information about the ability to purchase firearms in multiple states.

A Federal Firearms License (FFL) is a license in the United States that enables a company to engage in a business pertaining to the manufacture or importation of firearms and ammunition, or the interstate and intrastate sale of firearms. Holding an FFL to engage in certain such activities has been a legal requirement within the United States since the enactment of the Gun Control Act of 1968. The FFL is issued by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) and is commonly known as the “ATF”.

The 1968 Gun Control Act states “engaged in the business” is applied to a dealer in firearms; 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.

Unless you are specifically buying and selling guns to make money to spend on living expenses, rather than get a job, you are not conducting business.

A person who makes occasional purchases of firearms for the enhancement of a personal collection or hobby, who sells all or part of his personal collection of firearms such as liquidating a firearm collection (for instance, after the death of a relative), sells a large number of firearms to pay for a sudden financial need, or simply selling a firearm you didn’t like in order to buy another is not “engaging in the business.”

If you are buying and selling firearms as a hobby, purchasing firearms to “upgrade” with accessories, or building firearms from “kits” or individual parts with the intent to sell them, you must obtain a Federal Firearms License (FFL). The ATF can arrest and charge you under Federal law, taking away your right to ever own a firearm again.

See more under 18 U.S.C. 922(a)(1).

The change of possession of a firearm from a Federal Firearms Licensee (FFL) to another FFL or a person/customer (non-FFL) is called a Firearm Transfer. The individual or entity receiving the firearm is the Transferee. Any changing of possession of any item is transferring the item, however, the term “transfer,” when used with firearms, almost always means processing the gun through a licensed FFL dealer to a transferee as part of a firearm transaction. This started with the Gun Control Act of 1968 (GCA), where firearms that travel interstate (across state lines) must be transferred using a Federal Firearms Licensee (FFL). This is true even if the purchaser has a handgun or firearm permit.

When an FFL is used to transfer a firearm, the FFL will acquire (receive) the firearm onto the FFL’s records from an individual (seller) or another FFL (manufacturer or another dealer). Then, the FFL will dispose of (give) the firearm to another FFL or to an individual. That entire transaction is a “firearm transfer”.

This means that firearm transactions (gift, loan, sale, etc.) that happen within the same state don’t require an FFL. NOTE: This is only under federal law – your state may require that all transactions go through an FFL. If you want to loan/gift/sell a firearm to your friend while you are both residents of the same state (and while you’re both in that state), you don’t need to use an FFL under federal law. This is true even if you’re shipping the firearm within the same state. However, see below the breakdown on shipping firearms.

The FFL needs to know where the firearm is coming from to properly log it into the FFL’s records. The ATF requires that FFLs maintain a book with all acquisitions and dispositions in a book called the, you guessed it, Acquisition and Disposition Book (A&D).

If you are an individual sending a firearm to an FFL to be transferred, then you should include a copy of your driver’s license with the firearm so that the FFL can record your name and address. You may not like it, but it’s a requirement that the FFL knows this information. You should also contact the FFL prior to sending the firearm. After all, the FFL will need to know what to do with the firearm once they receive it. Often, FFLs will just ask you to write the name and contact information of who it is supposed to go to but sometimes they’ll have a form for you to print and fill in.

If the FFL is transferring the firearm to an individual (either the person buying your firearm or you if the transfer is for your firearm), then an ATF Form 4473 Firearm Transaction Record and NICS background check (with some exceptions) must be completed. This form is the paperwork you fill out whenever you buy a firearm from an FFL. It includes your information and answers to questions confirming that you aren’t a prohibited person.

For long guns (rifles and shotguns), the FFL can transfer the firearm to a resident of any state as long as it’s legal in both states. Handguns, however, can only be transferred to residents of the state where the FFL is located.

Because you can only ship a firearm across state lines to an FFL, you should ALWAYS get a copy of the recipient FFL before you ship the firearm! Once you get a copy, I highly recommend that you use the ATF’s FFL E-Z Check system. It’s not a requirement but it ensures that you didn’t get a fraudulent copy, a fake address, or a surrendered FFL (after it was copied).

Shipping Firearms

Important Things To Know:

• This process isn’t always flawless.
• If you purchased a firearm from another dealer or website they will need a copy of our FFL, if they do not already have it on file, before your firearm will be shipped. It is the customer’s responsibility to notify us in order for our FFL to be sent to the dealer. If you receive an email requesting our FFL, please forward the original email, not a screenshot. The customer must also complete our Firearm Transfer Form.
• You must be a Utah resident to transfer a handgun or receiver.
• Non-residents can purchase/transfer a rifle or shotgun if the firearm is legal in the individual’s state of residence.
• The individual who purchased the firearm and listed on the order as the purchaser MUST be the one to fill out the ATF Form 4473. Be aware that using a credit/debit card or banking account with another person may cause the order containing the firearm to have the other individual’s name. There Are Absolutely No Exceptions!
• The address shown on your acceptable identification MUST be current. See “What Is Acceptable Identification” in our FAQs at the bottom of this page.
• There is no Utah firearm registry.
• There is no national firearm registry.
• Completing the ATF Form 4473 is NOT a firearm registration.

Background Checks:

• All customers completing a firearm transfer will have a background check conducted. NO EXCEPTIONS.
• A background check costs $7.50. Utah is a Point-of-Contact (POC) state which means the Bureau of Criminal Identification (BCI) charges this fee for electronically accessing the National Instant Criminal Background Check System (NICS) which is operated by the Federal Bureau of Investigation (FBI) to conduct the firearm background check.
• A background check is good for 1 transaction or 30 days, whichever occurs first.
• The background check usually takes a few minutes.  However, the number of background checks submitted to BCI at any point in time may affect how quickly a result is returned. If the BCI system or the NICS system is down, background checks will not go through until BCI and/or NICS have been restored.
• If the background check is returned with a “Proceed” response, the firearm transfer will be completed.
• If the background check is returned with a “Delayed”, “Pending”, or “Research” response, BCI has to investigate additional information.
• If the background check is returned with a “Denied” response we will NOT complete the firearm transfer. See “Causes for Denial of a Purchase” on the BCI website.
• If a customer has had issues related to mistaken identity or identity theft, the background check may be delayed an indefinite amount of time or denied. Anyone can apply for a Voluntary Appeal File (VAF), but it is designed for firearm purchasers who believe they are legally allowed to buy firearms but have been denied more than once or frequently experience delays in their transactions. Purchasers sometimes find themselves experiencing delays or denials in firearms purchases because of a past misdemeanor charge or because an ineligible person has a similar name. When you apply for the VAF, FBI personnel will research your case and assign you a Unique Personal Identification Number (UPIN). For more information see more information on the FBI website for Firearm-Related Challenge (Appeal) and Voluntary Appeal File (VAF).

Concealed Weapons Permits:

• A background check using a permit is instantaneous. If the BCI system is down, background checks will not go through until it has been restored.
• A Utah resident who provides their concealed firearm permit to the FFL dealer, and the permit is verified “Valid” is exempt from paying the background check fee, and the firearm transfer will be completed.
• If the background check is returned with an “Invalid” response we will NOT complete the firearm transfer.

Alien Residents:

• You MUST bring your alien registration card with you at the time you fill out the ATF Form 4473.
• BCI is required to check multiple databases. The background check may be delayed before the completion of a final determination.

Important Things To Know:

• This process isn’t always flawless.
• If you purchased an NFA firearm from another dealer or website they will need a copy of our FFL and SOT, if they do not already have it on file, before your NFA firearm will be shipped. It is the customer’s responsibility to notify us in order for our FFL and SOT to be sent to the dealer. If you receive an email requesting our FFL and SOT, please forward the original email, not a screenshot. The customer must also complete our Firearm Transfer Form.
• You must be a Utah resident to transfer an NFA firearm.
• The individual who purchased the NFA firearm and listed on the order as the purchaser MUST be the one to complete the ATF Form 4 and Form 23, if applicable. Be aware that using a credit/debit card or banking account with another person may cause the order containing the firearm to have the other individual’s name. There Are Absolutely No Exceptions!
• The address shown on your acceptable identification MUST be current. See “What Is Acceptable Identification” in our FAQs at the bottom of this page.
• There is no Utah firearm registry.
• There is no national firearm registry.
• Completing the ATF Form 4 does register the NFA firearm to you as an individual and into the Trust, if applicable.

Background Checks:

• All customers completing a firearm transfer will have a background check conducted. NO EXCEPTIONS.
• A background check costs $7.50. Utah is a Point-of-Contact (POC) state which means the Bureau of Criminal Identification (BCI) charges this fee for electronically accessing the National Instant Criminal Background Check System (NICS) which is operated by the Federal Bureau of Investigation (FBI) to conduct the firearm background check.
• A background check is good for 1 transaction or 30 days, whichever occurs first.
• The background check usually takes a few minutes.  However, the number of background checks submitted to BCI at any point in time may affect how quickly a result is returned. If the BCI system or the NICS system is down, background checks will not go through until BCI and/or NICS have been restored.
• If the background check is returned with a “Proceed” response, the firearm transfer will be completed.
• If the background check is returned with a “Delayed”, “Pending”, or “Research” response, BCI has to investigate additional information.
• If the background check is returned with a “Denied” response we will NOT complete the firearm transfer. See “Causes for Denial of a Purchase” on the BCI website.
• If a customer has had issues related to mistaken identity or identity theft, the background check may be delayed an indefinite amount of time or denied. Anyone can apply for a Voluntary Appeal File (VAF), but it is designed for firearm purchasers who believe they are legally allowed to buy firearms but have been denied more than once or frequently experience delays in their transactions. Purchasers sometimes find themselves experiencing delays or denials in firearms purchases because of a past misdemeanor charge or because an ineligible person has a similar name. When you apply for the VAF, FBI personnel will research your case and assign you a Unique Personal Identification Number (UPIN). For more information see more information on the FBI website for Firearm-Related Challenge (Appeal) and Voluntary Appeal File (VAF).

Concealed Weapons Permits:

• A background check using a permit is instantaneous. If the BCI system is down, background checks will not go through until it has been restored.
• A Utah resident who provides their concealed firearm permit to the FFL dealer, and the permit is verified “Valid” is exempt from paying the background check fee, and the firearm transfer will be completed.
• If the background check is returned with an “Invalid” response we will NOT complete the firearm transfer.

We include everything you need to submit the ATF Form 4 Application for Tax Paid Transfer and Registration of Firearm.

eFile Form 4

• One Fingerprint EFT File
• One Digital Passport Picture
• Completion Of One eForm 4
• Completion Of One ATF Form 23 Responsible Person Questionnaire (if applicable)
• Transfer Fee Upon Receiving Approved Tax Stamp
• DOES NOT include background check fee (if applicable)

Paper Form 4

• Two Fingerprint Cards
• Two Passport Pictures
• Completion Of One ATF Form 4
• Completion Of One ATF Form 23 Responsible Person Questionnaire (if applicable)
• Transfer Fee Upon Receiving Approved Tax Stamp
• DOES NOT include background check fee (if applicable)

Transferring an NFA firearm to yourself as an individual requires you to be in possession of the NFA firearm at all times. This means you cannot allow anyone else to use the NFA firearm unless you are physically present with any other individual. An NFA Trust allows you to add additional responsible persons also called Trustees and Co-Trustees who can also possess the NFA firearm and you do not need to be with them. An NFA Trust also allows you to add beneficiaries which makes it a lot easier to transfer an NFA firearm to an heir in the unfortunate chance you are no longer to possess the NFA firearm or you pass away.

In partnership with 199Trust, we are excited to be able to give you a discount on their NFA Trust.

Our Price Is Only $64!
(Normally $79)

Buy Your NFA Trust Now!

Utah and federal laws require a background check to be completed and returned with an “Approved” status for us to transfer a firearm. A background check returned with a “Research” status could take multiple hours or days to complete and the firearm will not be transferred until it is changed to an “Approved” status. Background checks that are returned with a “Denied” status will not be transferred.

NFA Firearms: Although the ATF completed a background check during the Form 4 approval process, Utah law requires another background check to be conducted to complete the NFA transfer.

$7.⁵⁰
This fee is assessed by the Utah Bureau of Criminal Identification (BCI).

FREE For Utah Concealed Firearm Permit Holders. Utah residents with a valid Utah Concealed Firearm Permit are exempt from the background check fee ONLY if the permit is provided at the time of the transfer and verification has been completed.

No!

If your background check is denied, having another person pick up a firearm on behalf of a prohibited person is committing a “straw purchase”. This is a federal felony punishable by a fine of up to $250,000.00, and 10 years in prison, and makes the individual who transferred the firearm a prohibited person as well.

The only exception to this is for an NFA firearm that was transferred into a Trust. Any responsible person listed on the Trust as a Trustee or Co-Trustee can complete the ATF Form 4473 Firearm Transaction Record and pick up the NFA firearm.

USPS (United States Postal Service)

Flat Rate Priority
Small Flat Rate Box: 5 3/8″ x 8 5/8″ x 1 5/8 = $8.45
Medium Flat Rate Box: 11″ x 8 1/2″ x 5 1/2 or 13 5/8″ x 11 7/8″ x 3 -3/8″ = $15.50
Large Flat Rate Box: 23 11/16″ x 11 3/4″ x 3″ or 12 1/4″ x 12 1/4″ x 6″ = $21.90

Priority (Non-Flat Rate)
Long guns and bundled parcels too large to fit in Flat Rate boxes must be calculated by weight and package dimensions.
All packages containing firearms must include Adult Signature Required = $6.90 (per package)
We also recommend shipping insurance.

Priority Insurance Rates
$0.01 – $50.00 = $2.30
50.01 – 100.00 = $2.95
100.01 – 200.00 = $3.60
200.01 – 300.00 = $4.75
300.01 – 400.00 = $6.00
400.01 – 500.00 = $7.20
500.01 – 600.00 = $9.70
600.01 – 5,000.00 = $9.70 plus $1.45 per $100.00 or fraction thereof over $600 in declared value
(maximum liability is $5,000)

Example cost for $1000 insurance:
$1.45 x 4 = $5.80
$9.70 + $5.80 = $15.50

UPS (United Parcel Service)

Handguns
UPS Next Day Air Services, specifically, UPS Next Day Air^® Early, UPS Next Day Air^®, and UPS Next Day Air Saver^®

Rifles, Shotguns & Other Long Guns
UPS Ground

Packages shipped through UPS are calculated by weight, package dimensions, and value.
All packages containing firearms must include Adult Signature Required = $6.70 (per package)

Insurance Rates
Insurance for in-transit goods is available through UPS’s licensed affiliate UPS Capital Insurance Agency, Inc.
UPS is liable for loss or damage, at no extra cost, for up to $100.00 for each domestic package where there is no declared value. If the value exceeds this amount, you can declare up to $50,000 per package by entering the declared value when you create a shipment on ups.com and paying an additional charge.

FedEx

Handguns
FedEx Express Only

Rifles, Shotguns & Other Long Guns
FedEx Ground or FedEx Express

Packages shipped through FedEx are calculated by weight, package dimensions, and value.
All packages containing firearms must include Direct (Adult) Signature Required = $5.55 (per package)

Insurance Rates
FedEx covers a value of $100 automatically on all packages.
The shipping label must have a declared value to include insurance, but FedEx does not provide specific “insurance” or have a table to view exact insurance costs. You must contact them and give an exact value amount.

We have obtained the following estimated values for you

We do not recommend shipping with FedEx.

For more information and laws for shipping firearms and ammunition click here.