Open Letter to All Kansas Federal Firearms Licensees

The purpose of this open letter is to advise you of an important change to the procedure you may follow to comply with the Brady Handgun Violence Prevention Act, 18 U.S.C. § 922(t), when transferring a firearm to an unlicensed person.

The permanent provisions of the Brady law took effect on November 30, 1998. The Brady law generally requires Federal firearms licensees (FFLs) to initiate a National Instant Criminal Background Check System (NICS) background check before transferring a firearm to an unlicensed person. However, the Brady law contains exceptions to the NICS check requirement, including an exception for holders of certain State permits to possess, carry, or acquire firearms. The law and implementing regulations provide that permits issued within the past 5 years may qualify as alternatives to the NICS check if certain other requirements are satisfied. Most importantly, the authority issuing the permit must conduct a NICS background check and must deny a permit to anyone prohibited from possessing firearms under Federal, State, or local law.

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has reviewed the Kansas Personal and Family Protection Act, K.S.A. 2010 Supp. 75-7c01 through 75-7c19, which contains the provisions for a license to carry a concealed handgun, and has determined that Kansas' license to carry a concealed handgun qualifies as an alternative to the background check required by the Brady law.

If you transfer a firearm to an unlicensed person pursuant to the permit alternative, you must comply with the following requirements:

1. Have the transferee complete and sign ATF Form 4473, Firearms Transaction Record.

2. Verify the identity of the transferee through a Government-issued photo identification (for example, a driver’s license).

3. Verify that the license to carry a concealed handgun was issued within the past 5 years by the State in which the transfer is to occur, and that the license has not expired under State law.

4. Either retain a copy of the transferee’s license to carry a concealed handgun and attach it to the Form 4473, or record on the Form 4473 any identifying number from the license, the date of issuance, and the expiration date of the license.

If you have any questions about Kansas’ license to carry a concealed handgun qualifying as an alternative to the NICS check, please call ATF’s Firearms Industry Programs Branch at (202) 648-7190.

Arthur Herbert

Assistant Director

Enforcement Programs and Services

Federal Firearms Violations

Two Smith County Men Guilty of Federal Firearms Violations


April 14, 2010 - TYLER—U.S. Attorney John M. Bales announced today that two Smith County men have pleaded guilty to separate firearms violations in the Eastern District of Texas.

WILLIAM POLK VAUGHT, 38, of Whitehouse, Texas, and JUSTIN DITMORE, 26, of Tyler, each pleaded guilty to possession of an unregistered firearm today before U.S. Magistrate Judge Judith Guthrie.

According to information presented in court, Vaught and Ditmore were each arrested after being charged in separate indictments returned by a federal grand jury in Feb. 2010, charging them with possession of an unregistered firearm, specifically a sawed-off shotgun. Evidence presented in court showed that Vaught was in possession of a sawed-off shotgun on July 23, 2009. In a separate case, Ditmore admitted to selling a sawed-off shotgun on May 1, 2009. It is against federal law to possess an unregistered shotgun with an overall length of less than 26 inches or a barrel of less than 18 inches.

This conviction is yet another important outcome from Project Safe Neighborhoods, a national priority of the United States Department of Justice. PSN is designed as a partnership between federal and local law enforcement to reduce violent crime and gun-related crime through the vigorous enforcement of the criminal provisions of the federal firearms laws.

Vaught and Ditmore each face up to 10 years in federal prison at sentencing. Sentencing dates have not been set.

This case is being investigated by the FBI and the ATF and prosecuted by Assistant U.S. Attorney Jim Middleton.