DEPARTMENT OF THE TREASURY Bureau of Alcohol, Tobacco and Firearms 27 CFR Part 178 [T.D. ATF- 354] RIN: 1512-AB23 Implementation of Public Law 103-159, Including the Brady Handgun Violence Prevention Act (93F-057P) AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Department of the Treasury. ACTION: Temporary rule (Treasury decision). SUMMARY: This temporary rule implements the provisions of Public Law 103-159, 107 Stat. 1536, including the Brady Handgun Violence Prevention Act. These regulations implement the law by imposing a waiting period of 5 days before a licensed firearms importer, manufacturer, or dealer may lawfully transfer a handgun to a nonlicensed individual. Regulations are also prescribed with regard to reporting requirements for multiple handgun sales, labeling of packages containing a firearm, theft of firearms from firearms licensees, and increased license fees for dealers in firearms. The temporary rule will remain in effect until superseded by final regulations. In the Proposed Rules section of this Federal Register, ATF is also issuing a notice of proposed rulemaking inviting comments on the temporary rule for a 90-day - 2 - period following the publication date of this temporary rule. DATES: The temporary regulations are effective on February 28, 1994, except for sections 178.31(b) and (d), 178.33a, 178.42(c), and 178.126a, which were effective on November 30, 1993. ADDRESS: Send written comments to: Chief, Revenue Programs Division; Bureau of Alcohol, Tobacco and Firearms; Washington, DC 20091-0221. FOR FURTHER INFORMATION CONTACT: Firearms and Explosives Division, Bureau of Alcohol, Tobacco and Firearms, 650 Massachusetts Avenue, NW., Washington, DC 20226 (202-927-8300). SUPPLEMENTARY INFORMATION: Background On November 30, 1993, Public Law 103-159 was enacted, amending the Gun Control Act of 1968 (GCA), as amended (18 U.S.C. Chapter 44). Title I of Pub. L. 103-159, cited as the "Brady Handgun Violence Prevention Act" (hereinafter, "the Act"), provides for a national waiting period of 5 days before a licensed importer, manufacturer, or dealer may lawfully transfer a handgun to a nonlicensed individual (interim provision), and for the establishment - 3 - of a national instant criminal background check system to be queried by firearms licensees before transferring any firearm to nonlicensed individuals (permanent provision). The permanent system will be effective on November 30, 1998. Violations of either the interim or permanent provision are punishable by a fine or imprisonment for not more than 1 year, or both. Titles II and III of Pub. L. 103-159 relate to reporting requirements for multiple handgun sales, labeling of packages containing a firearm, thefts of firearms from licensed firearms dealers, and increased license fees for dealers in firearms. Regulations implementing these provisions are also part of this Treasury decision. Waiting Period (Interim Provision) The Act provides that the waiting period provisions of the law become effective on February 28, 1994, and cease to apply on November 30, 1998. The Act imposes a waiting period of 5 business days (defined in the statute as days on which State offices are open) before a licensee may - 4 - sell or deliver a handgun. As defined in the Act, the term "handgun" means- (A) a firearm which has a short stock and is designed to be held and fired by the use of a single hand; and (B) any combination of parts from which a firearm described in subparagraph (A) can be assembled. Basically, the waiting period provision makes it unlawful for any licensed firearms importer, manufacturer, or dealer to sell, deliver, or transfer a handgun to a nonlicensed individual (transferee), unless the licensee- (1) obtains a statement of the transferee's intent to obtain a handgun containing the transferee's name, address, and date of birth appearing on a valid photo identification, a description of the identification document, a statement that the transferee is not a felon, under indictment, or otherwise prohibited from receiving or possessing the handgun under Federal law, and the date the statement is made; (2) verifies the identity of the transferee by examining the identification document presented; (3) within 1 day after the transferee furnishes the statement, contacts the chief law enforcement officer of the place of residence of the transferee and advises such officer of the contents of the statement; (4) within 1 day after the transferee furnishes the statement, transmits to the chief law enforcement officer - 5 - of the place of residence of the transferee a copy of the statement; and (5) waits 5 business days from the date the licensee furnished notice of the contents of the statement to the chief law enforcement officer before transferring the handgun to the transferee (during which period the licensee has not received information from the chief law enforcement officer that receipt or possession of the handgun by the transferee would be in violation of law); or receives notice from the chief law enforcement officer of the place of residence of the transferee that the officer has no information that the transferee's receipt or possession of the handgun would violate the law. In addition to the items in (1) above, the regulations request certain additional optional information about the transferee to facilitate the transfer of a handgun and assist law enforcement officials in verifying the transferee's eligibility to possess a handgun. This optional information includes the social security number, height, weight, sex, and place of birth of the transferee. The optional information will help minimize the misidentification of handgun purchasers as felons or other prohibited persons whose receipt and possession of firearms violate the law. For example, this information - 6 - would distinguish the transferee from a prohibited buyer having the same name and date of birth as the transferee and, therefore, help expedite the transfer. Subsequent to the sale or transfer of the handgun, the law requires a licensee, who receives a report from the chief law enforcement officer containing information that receipt or possession of the handgun by the transferee violates Federal, State, or local law, shall within 1 day communicate any information the licensee has concerning the transfer to the chief law enforcement officer of the place of business of the licensee and to the chief law enforcement officer of the place of residence of the transferee. As provided in the Act, the term "chief law enforcement officer" means "the chief of police, the sheriff, or an equivalent officer or the designee of any such individual." The law requires that the chief law enforcement officer within 5 business days make a reasonable effort to determine whether the transferee is prohibited by law from receiving or possessing the handgun sought to be purchased. Except for records relating to a proposed handgun sale that would violate the law, law enforcement officers are required to destroy within 20 days the purchaser's statement, any record containing information derived from - 7 - the statement, and any record created as a result of the notice referred to in (3) above. Furthermore, these records may only be used to carry out the purposes of the Act, and no information in the records may be conveyed to any person for purposes other than complying with the Act. The Act also provides that an individual who is determined to be ineligible to purchase a handgun under the waiting period provision may request that the chief law enforcement officer who made the determination provide reasons for that determination. The officer must provide such reasons to the individual in writing within 20 business days after receipt of the request. Alternatives to the Waiting Period The statute provides the following alternatives to the waiting period provision: (1) The transferee provides a written statement issued within the last 10 days by the chief law enforcement officer of the transferee's place of residence that the transferee requires a handgun because of a threat to the life of the transferee or any member of the transferee's household; (2) The transferee presents to the licensee a permit issued by the State within the past 5 years to possess a - 8 - handgun and the law of the State requires verification that the transferee is not prohibited by law from possessing the handgun; (3) Purchases in States which require that, before any licensee transfers a handgun to an individual, an authorized government official has verified that possession of the handgun by the transferee would not violate the law (e.g., a background check); (4) Purchases of handguns which are subject to the National Firearms Act and which have been approved for transfer under 27 CFR Part 179 (Machine Guns, Destructive Devices, and Certain Other Firearms); (5) Purchases of handguns for which the Secretary has certified that compliance with the 5-day waiting period procedure is impracticable because the purchaser resides in a rural area, the premises of the licensee are remote in relation to the chief law enforcement officer of the area, and there is an absence of telecommunications facilities in the geographical area in which the business premises are located. Additional Provisions of Pub. L. 103-159 Titles II and III of Pub. L. 103-159 provide additional amendments to the GCA. These provisions, which became effective on November 30, 1993, are as follows: (1) Multiple sales reports. In addition to furnishing reports of multiple handgun sales to ATF, licensees are - 9 - required to submit such reports to the "department of State police or State law enforcement agency of the State or local law enforcement agency of the jurisdiction in which the sale or other disposition took place." (2) Common carriers. Common or contract carriers are prohibited from requiring or causing any label or other written notice to be placed on the outside of any package, luggage, or other container indicating that such package contains a firearm. In addition, common or contract carriers who deliver firearms in interstate or foreign commerce are required to obtain written acknowledgement of receipt from the recipient of the package or other container. (3) Theft of firearms. It is unlawful for any person to steal from the person or premises of a Federal firearms licensee any firearm in the licensee's business inventory which has been shipped or transported in interstate or foreign commerce. (4) License fees. License fees for all dealers in firearms (other than destructive devices), including pawnbrokers, have been increased to $200 for 3 years, except that the fee for renewal of a license is $90 for 3 years. - 10 - Executive Order 12866 It has been determined that this temporary rule is not a significant regulatory action, because the economic effects flow directly from the underlying statute and not from this temporary rule. Therefore, it is found that this temporary rule is not likely to (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, of State, local, or tribal governments or communities; (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in this Executive order. Administrative Procedure Act Because this document merely implements the law and because immediate guidance is necessary to implement the provisions of the law, it is found to be impracticable to issue this Treasury decision with notice and public procedure under 5 U.S.C.  553(b), or subject to the - 11 - effective date limitation in section 553(d). Regulatory Flexibility Act The provisions of the Regulatory Flexibility Act relating to an initial and final regulatory flexibility analysis (5 U.S.C. 604) are not applicable to this temporary rule because the agency was not required to publish a notice of proposed rulemaking under 5 U.S.C. 553 or any other law. Paperwork Reduction Act This regulation is being issued without prior notice and public procedure pursuant to the Administrative Procedure Act (5 U.S.C. 553). For this reason, the collection of information contained in this regulation has been reviewed and, pending receipt and evaluation of public comments, approved by the Office of Management and Budget (OMB) under control number 1512-0520. The estimated average annual burden associated with the collection of information in this regulation is 2.52 hours per respondent or recordkeeper. For further information concerning this collection of information, and where to submit comments on the collection of information and the accuracy of the estimated burden, and suggestions for reducing this burden, refer to the preamble to the cross-reference notice of proposed rulemaking published elsewhere in this issue of the Federal Register. - 12 - Drafting Information The author of this document is James P. Ficaretta, Revenue Programs Division, Bureau of Alcohol, Tobacco and Firearms. List of Subjects in 27 CFR Part 178 Administrative Practice and Procedure, Arms and Ammunition, Authority Delegations, Customs Duties and Inspection, Exports, Imports, Military Personnel, Penalties, Reporting Requirements, Research, Seizures and Forfeitures, and Transportation. Authority and Issuance 27 CFR Part 178--COMMERCE IN FIREARMS AND AMMUNITION is amended as follows: Paragraph 1. The authority citation for 27 CFR Part 178 continues to read as follows: AUTHORITY: 5 U.S.C. 552(a); 18 U.S.C. 847, 921-930; 44 U.S.C. 3504(h). Par. 2. Section 178.1(a) is revised to include a reference to Pub. L. 103-159 to read as follows:  178.1 Scope of regulations. (a) General. The regulations contained in this part relate to commerce in firearms and ammunition and are promulgated to implement Title I, State Firearms Control Assistance (18 U.S.C. Chapter 44), of the Gun Control Act - 13 - of 1968 (82 Stat. 1213) as amended by Pub. L. 99-308 (100 Stat. 449), Pub. L. 99-360 (100 Stat. 766), Pub. L. 99-408 (100 Stat. 920), and Pub. L. 103-159 (107 Stat. 1536). * * * * * Par. 3. Section 178.11 is amended by revising the definition for "handgun," and by adding definitions for "business days," "chief law enforcement officer," and "identification document," to read as follows:  178.11 Meaning of terms. * * * * * Chief law enforcement officer. The chief of police, the sheriff, or an equivalent officer or the designee of any such individual. * * * * * Handgun. (a) Any firearm which has a short stock and is designed to be held and fired by the use of a single hand; and (b) any combination of parts from which a firearm described in paragraph (a) can be assembled. Identification document. A document containing the name, residence address, date of birth, and photograph of the holder and which was made or issued by or under the authority of the United States Government, a State, - 14 - political subdivision of a State, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi- governmental organization which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals. * * * * * Par. 4. Section 178.31 is amended by redesignating paragraph (b) as paragraph (c), and by adding new paragraphs (b) and (d), to read as follows:  178.31 Delivery by common or contract carrier. * * * * * (b) No common or contract carrier shall require or cause any label, tag, or other written notice to be placed on the outside of any package, luggage, or other container indicating that such package, luggage, or other container contains a firearm. * * * * * (d) No common or contract carrier shall deliver in interstate or foreign commerce any firearm without obtaining written acknowledgement of receipt from the recipient of the package or other container in which there is a firearm. - 15 - Par. 5. Section 178.33a is added to Subpart C to read as follows:  178.33a Theft of firearms. No person shall steal or unlawfully take or carry away from the person or the premises of a person who is licensed to engage in the business of importing, manufacturing, or dealing in firearms, any firearm in the licensee's business inventory that has been shipped or transported in interstate or foreign commerce. Par. 6. Section 178.42 is amended by revising the introductory text, and by revising paragraph (c) to read as follows:  178.42 License fees. Each applicant shall pay a fee for obtaining a firearms license or ammunition license, a separate fee being required for each business or collecting activity at each place of such business or activity, as follows: * * * * * (c) For a dealer: (1) In destructive devices-$1,000 per year. (2) Who is not a dealer in destructive devices-$200 for 3 years, except that the fee for renewal of a valid license shall be $90 for 3 years. * * * * * - 16 - Par. 7. Section 178.96(b) is amended by revising the first sentence to read as follows:  178.96 Out-of-State and mail order sales. * * * * * (b) A licensed importer, licensed manufacturer, or licensed dealer may sell a rifle, shotgun, or handgun that is not subject to the waiting period provisions of  178.102(a) to a nonlicensee who does not appear in person at the licensee's business premises if the nonlicensee is a resident of the same State in which the licensee's business premises are located, and the nonlicensee furnishes to the licensee the firearms transaction record, Form 4473, required by  178.124. * * * * * * * * Par. 8. Section 178.102 is added to Subpart F to read as follows:  178.102 Sales or deliveries of handguns after February 27, 1994, and before November 30, 1998. (a) Waiting period. Except as provided in paragraph (b), a licensed importer, licensed manufacturer, or licensed dealer shall not sell, deliver, or transfer a handgun to any individual who is not licensed under this part. (1) The licensee shall: - 17 - (i) Receive from the transferee a statement of intent to obtain a handgun on Form 5300.35 in accordance with  178.130; (ii) Verify the identity of the transferee by examining the identification document presented, and noting on Form 5300.35 the type of identification used; (iii) Within 1 day after the transferee furnishes the statement, provide notice of the contents of the statement on Form 5300.35, in the manner prescribed by paragraph (a)(3) of this section, to the chief law enforcement officer of the place of residence of the transferee; and (iv) Within 1 day after the transferee furnishes the statement to the licensee, transmit a copy of Form 5300.35 to the chief law enforcement officer of the place of residence of the transferee. (2)(i) The licensee shall not sell, deliver, or transfer a handgun to any individual unless 5 business days (meaning days on which State offices are open) have elapsed from the date the licensee furnished actual notice of the contents of the statement to the chief law enforcement officer, during which period the licensee has not received information from such officer that receipt or possession of the handgun by the transferee would be in violation of Federal, State, or local law; or (ii) The licensee has received notice from the chief - 18 - law enforcement officer within the 5 business days that the officer has no information indicating that receipt or possession of the handgun by the transferee would violate Federal, State, or local law. Example 1. A licensee furnishes actual notice of the contents of the statement to the chief law enforcement officer on Tuesday. If State offices are not open on Saturday and Sunday, 5 business days would have elapsed on the following Tuesday. The licensee may deliver the handgun on the next day, Wednesday. Example 2. A licensee furnishes actual notice of the contents of the statement to the chief law enforcement officer on Saturday. If State offices are not open on Saturday and Sunday, 5 business days would have elapsed on the following Friday. The licensee may deliver the handgun on the next day, Saturday. (3) The notice required by paragraph (a)(1)(iii) of this section shall be actual notice and shall be given in a manner acceptable to such officer. For example, if the chief law enforcement officer will only accept notice in writing and not by telephone, notice shall be given by the licensee to the chief law enforcement officer in writing. - 18a - In that case, the 5-day waiting period prescribed by paragraph (a)(2)(i) of this section begins at the time such written notice is received by the chief law enforcement officer. If the licensee sends notice to such officer by mail, the licensee shall send the notice by registered or certified mail (return receipt requested). (4) The law requires that notice of the contents of the transferee's statement of intent to obtain a handgun and the statement be provided by the licensee to the chief law enforcement officer of the place of residence of the transferee. Under the law, the chief law enforcement officer means "the chief of police, the sheriff, or an equivalent officer or the designee of any such individual." Where the State or local law enforcement officials have - 19 - notified the licensee that a particular official has been designated to receive the notice and statement specified in paragraphs (a)(1)(iii) and (iv) of this section, the licensee shall provide the information to that designated official. (b) Alternatives to waiting period. The provisions of paragraph (a) of this section shall not apply if-- (1) The transferee has presented to the licensee a written statement, issued by the chief law enforcement officer of the transferee's place of residence, stating that the transferee requires access to a handgun because of a threat to the life of the transferee or of any member of the household of the transferee. The written statement must have been issued by the chief law enforcement officer during the 10-day period ending on the date that the transferee has informed the licensee of the transferee's intention to obtain a handgun. The written statement shall be on a letter bearing the letterhead of the chief law enforcement officer and shall be signed by the officer and dated; (2) The transferee has presented to the licensee a permit or license that- (i) Allows the transferee to possess or acquire a handgun; - 20 - (ii) Was issued not more than 5 years earlier by the State in which the transfer is to take place; and (iii) The law of the State provides that such a permit is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a handgun by the transferee would be in violation of Federal, State, or local law; (3) The law of the State requires that, before any licensed importer, licensed manufacturer, or licensed dealer completes the transfer of a handgun to an individual who is not licensed under this part, an authorized government official verify that the information available to such official does not indicate that possession of a handgun by the transferee would be in violation of law; (4) The handgun is subject to the provisions of the National Firearms Act and has been approved for transfer under 27 CFR Part 179; or (5) On application of the licensee, in accordance with the provisions of  178.150, the Director has certified that compliance with paragraph (a) of this section is impracticable. - 21 - (6) The documents referred to in paragraphs (b)(1) and (2) of this section shall be retained in the records of the licensee in accordance with the provisions of  178.131. (c) Disclosure of information. (1) Any licensed importer, licensed manufacturer, or licensed dealer who, after the transfer of a handgun to a nonlicensee, receives a report from a chief law enforcement officer containing information that receipt or possession of the handgun by the transferee violates Federal, State, or local law shall, within 1 business day (meaning a day on which State offices are open) after receipt of the report, communicate any information the licensee has concerning the transfer and the transferee, including a copy of Form 4473 required by  178.124, to the chief law enforcement officer of the place of business of the licensee and to the chief law enforcement officer of the place of residence of the transferee. The licensee may also provide this information to the local ATF office. (2) Any licensed importer, licensed manufacturer, or licensed dealer who receives information from a chief law enforcement officer regarding the transfer of a handgun to a nonlicensee, not otherwise available to the public, shall not disclose such information except to the transferee, to law enforcement authorities, or pursuant - 22 - to the direction of a court of law. (Approved by the Office of Management and Budget under control number 1512-0520) Par. 9. Section 178.126a is amended by revising the second sentence to read as follows:  178.126a Reporting multiple sales or other disposition of pistols and revolvers. * * * The report shall be prepared on Form 3310.4, Report of Multiple Sale or Other Disposition of Pistols and Revolvers. Not later than the close of business on the day that the multiple sale or other disposition occurs, the licensee shall forward two copies of Form 3310.4 to the ATF office specified thereon and one copy to the State police or to the local law enforcement agency in which the sale or other disposition took place. Where the State or local law enforcement officials have notified the licensee that a particular official has been designated to receive Forms 3310.4, the licensee shall forward such forms to that designated official. * * * * * Par. 10. Section 178.129(b) is revised to read as follows:  178.129 Record retention. * * * * * - 23 - (b) Firearms transaction record and statement of intent to obtain a handgun. Licensees shall retain each Form 4473 and Form 4473(LV) for a period of not less than 20 years after the date of sale or disposition. Licensees shall retain each Form 5300.35 for a period of not less than 5 years after notice of the intent to obtain the handgun was forwarded to the chief law enforcement officer. * * * * * (Paragraph (b) approved by the Office of Management and Budget under control number 1512-0520; all other recordkeeping approved by the Office of Management and Budget under control number 1512-0129.) Par. 11. Sections 178.130 and 178.131 are added to Subpart H to read as follows:  178.130 Statement of intent to obtain a handgun after February 27, 1994, and before November 30, 1998. (a)(1) Except as provided in  178.102(b) and 178.131, a licensed importer, licensed manufacturer, or licensed dealer shall not sell, deliver, or transfer a handgun unless the licensee has received from the transferee a statement of intent to obtain a handgun on Form 5300.35 in duplicate. The statement shall contain the transferee's name, address, and date of birth. The transferee must date and execute the sworn statement - 24 - contained on the form showing that the transferee is not under indictment for a crime punishable by imprisonment for a term exceeding 1 year; has not been convicted in any court of such a crime; is not a fugitive from justice; is not an unlawful user of or addicted to any controlled substance; has not been adjudicated as a mental defective or been committed to a mental institution; is not an alien who is illegally or unlawfully in the United States; has not been discharged from the Armed Forces under dishonorable conditions; and is not a person who, having been a citizen of the United States, has renounced such citizenship. (2) In order to facilitate the transfer of a handgun and enable the chief law enforcement officer to verify the identity of the person acquiring the handgun, Form 5300.35 requests certain additional optional information. This information includes the social security number, height, weight, sex, and place of birth of the transferee. Such information may help avoid the possibility of the transferee being misidentified as a felon or other prohibited person. (b) Upon receipt of Form 5300.35 from the transferee, the licensee shall: (1) Verify the identity of the transferee by - 25 - examining the identification document presented and note on Form 5300.35 the type of identification used; and (2) Complete Form 5300.35 to show that notice of the transferee's statement of intent to obtain a handgun and a copy of the form have been provided to the chief law enforcement officer in compliance with  178.102(a). (c) The licensee shall retain the original Form 5300.35 as part of the records required to be kept under this subpart. If the sale, delivery, or transfer of the handgun to the transferee is made, Form 5300.35 shall be attached to the firearms transaction record, Form 4473, executed upon delivery of the handgun as provided in  178.124. If the sale, delivery, or transfer is not made, the licensee shall retain Form 5300.35 as part of the records required to be kept under this subpart. Forms 5300.35 with respect to which a sale, delivery, or transfer did not take place shall be retained in alphabetical (by name of transferee) or chronological (by date of transferee's sworn statement) order. (d) The requirements of this section shall be in addition to any other recordkeeping requirements contained in this part. (e) A licensee may obtain, upon request, an emergency supply of Forms 5300.35 from any regional director (compliance). - 26 - (Approved by the Office of Management and Budget under control number 1512-0520)  178.131 Handgun transactions not subject to the waiting period. (a)(1) A licensed importer, licensed manufacturer, or licensed dealer whose sale, delivery, or transfer of a handgun is made pursuant to the alternative provisions of  178.102(b) and is not subject to the waiting period prescribed by  178.102(a) shall maintain the records required by this paragraph. (2) If the transfer is pursuant to a written statement of the chief law enforcement officer in accordance with  178.102(b)(1), the licensee shall retain such statement and attach it to the firearms transaction record, Form 4473, executed upon delivery of the handgun. (3) If the transfer is pursuant to a permit or license in accordance with  178.102(b)(2), the licensee shall retain a copy of such permit or license and attach it to the firearms transaction record, Form 4473, executed upon delivery of the handgun. (4) If the transfer is pursuant to a verification of eligibility to possess a handgun (e.g., an instant record check) by a government official in accordance with  178.102(b)(3), the licensee shall attach to the firearms - 27 - transaction record, Form 4473, executed upon delivery of the handgun, a statement showing the date of verification, any identifying number assigned to the transaction by the official, and the name, location, and title of the official. (5) If the transfer is pursuant to a certification by ATF in accordance with  178.102(b)(5) and 178.150, the licensee shall maintain the certification as part of the records required to be kept under this subpart and for the period prescribed for the retention of Form 5300.35 in  178.129(b). (b) The requirements of this section shall be in addition to any other recordkeeping requirements contained in this part. (Approved by the Office of Management and Budget under control number 1512-0520) Par. 12. Section 178.150 of Subpart I is redesignated as section 178.151, and new section 178.150 is added to read as follows:  178.150 Alternative to handgun waiting period in certain geographical locations. (a) The provisions of  178.102(b)(5) shall be applicable when the Director has certified that compliance with the waiting period provisions of  178.102(a) is - 28 - impracticable because: (1) The ratio of the number of law enforcement officers of the State in which the transfer is to occur to the number of square miles of land area of the State does not exceed 0.0025; (2) The business premises of the licensee at which the transfer is to occur are extremely remote in relation to the chief law enforcement officer; and (3) There is an absence of telecommunications facilities in the geographical area in which the business premises are located. (b) A licensee who desires to obtain a certification under this section shall submit a written request to the Director. Each request shall be executed under the penalties of perjury and contain information sufficient for the Director to make such certification. Such information shall include statistical data, official reports, or other statements of government agencies pertaining to the ratio of law enforcement officers to the number of square miles of land area of a State and statements of government agencies and private utility - 29 - companies regarding the absence of telecommunications facilities in the geographical area in which the licensee's business premises are located. Signed: January 21, 1994 (signed) Daniel R. Black Acting Director Approved: January 27, 1994 (signed) John P. Simpson Deputy Assistant Secretary (Regulatory, Tariff and Trade Enforcement)