Download copy of ATF Form 3310.4
Read below for information about ATF requirements for the ATF Form 3310.4. How does ATF define a “Business Day”?
27 CFR § 478.126a directs licensees to submit the ATF Form 3310.4 Report of Multiple Sale or Other Disposition…when two or more pistols or revolvers (applies to long guns in some states ATF Form 3310.12) are disposed to a non-licensee at one time or “during five consecutive business days”.
What is a “Business Day”? | Multiple Definitions
Depending on the reference, the phrase “business day” can have multiple definitions. In some states requiring a waiting period for example, a business day may only be a “business day” if State administrative offices are open. A business day may not begin until the following day if a transaction occurs after 12:00pm, or begin until specific conditions are met. A business day is defined as a 24 hr period in regulations affecting the NICS background check. The possibilities are endless and can be confusing. Some FFLs may become confused by this simply because they may deal with multiple definitions of “business day” when conducting a single firearms transaction depending on the state. As addressed below, the ATF meaning of “business day” has been clarified for us with respect to the multiple sale reporting requirement.
What Does ATF Mean By “Business Day”?
Thankfully, with respect to multiple gun sales reporting, ATF has given FFLs clear guidance on what a “business day” means. The language of 27 CFR 478.126a itself does not however clarify a very important point regarding ATFs definition of “business day”; a point which is explained in the Q & A section of the Federal Firearms Regulations Reference Guide 2005. Essentially, the term is applied differently, depending on how many days an FFL is actually open during a given week. Carefully read this section on page 181 of the guide, question (F5) for the clarification.
As indicated in the Q&A section, it’s entirely possible for dispositions to a non-licensee that are 2 weeks apart or more to be reportable on the ATF Form 3310.4. The answer to question (F5) reads in part:
“A business day for the purposes of reporting multiple sales of pistols or revolvers is a day that the licensee conducts business pursuant to the license…” Examples are given which further clarify the “consecutive business day” definition.
When Do I Need To Submit The ATF Form 331.04 Report of Multiple Sale?
This article does NOT address multiple sales reporting criteria for long guns.
The bottom line for the FFL dealer is that regulations promulgated under the Gun Control Act require an FFL to submit the ATF Form 3310.4 when a disposition of two or more handguns at one time or “during any five consecutive business days” is made to a non-licensee. A “business day” refers to the day your particular business is open for business pursuant to the license. If you are open only three times per week, the fourth “business day” would commence when you re-open for operations covered under the license. Therefore, be mindful of your particular situation in the application of 27 CFR §478.126a. Furthermore, be mindful of differences in the definitions of the term “business day” when it is applicable to state imposed waiting periods and the requirements of 27 CFR § 478.102.
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