February 17, 1994 OPEN LETTER TO ALL NORTH CAROLINA FEDERAL FIREARMS LICENSEES: I. Implementation of the Federal 5-day waiting period under Brady Law. As previously advised, effective February 28, 1994, the Brady Law requires that prior to your transfer of a handgun to a nonlicensee, you must notify the Chief Law Enforcement Officer where the prospective purchaser resides of the contents of ATF Form 5300.35, Statement Of Intent To Obtain A Handgun(s), and transmit a copy of the form to such officer. The notice must be given and a copy of the statement must be transmitted within 1 day after the purchaser completes the form. For purposes of these requirements, the Chief Law Enforcement Officer in North Carolina is the County Sheriff. However, we are informed that legislation is pending in the North Carolina legislature which would establish a permit system subjecting handgun purchasers to a prior background check. Therefore, if this law is enacted and effective on February 28, 1994, handgun sales made to permit holders under the new system will not be subject to the Federal 5-day waiting period. We emphasize that the permit must have been issued on or after the effective date of the legislation. If this legislation is not enacted and in effect on February 28, 1994, licensees' handgun sales to nonlicensees will be subject to the Federal 5-day waiting period. II. Reporting multiple sales of handguns. The new law also requires you to report to ATF and to the County Sheriff where your business is located the disposition of 2 or more handguns within 5 consecutive business days to a nonlicensee. These reports are to be made on ATF Form 3310.4, Report of Multiple Sale or Disposition of Pistols and Revolvers, and sent no later than the close of business on the day the multiple sale or other disposition occurs. In meeting this reporting requirement, send copy 2 of the 11/92 edition of the form or copy 3 of the 1/94 edition to the County Sheriff. The report to ATF must be sent on copy 1 of the 11/92 edition or copies 1 and 2 of the 1/94 edition. For further information, contact your local ATF office or the Firearms and Explosives Division at (202) 927-8300. John W. Magaw Director