DEPARTMENT OF THE TREASURY
             BUREAU OF ALCOHOL, TOBACCO AND FIREARMS
                      WASHINGTON, DC 20226

                           AUG 12 1999

                                                       903000:GLB
                                                       5300



Dear Mr. Bardwell:

This is in response to your letter dated June 28, 1999, requesting
information on the permanent provisions of the Brady Law.  Your
questions and our corresponding answers are as follows:

Question:

1.   "Is an NICS check required when a licensed dealer sells a
firearm to a corporation, limited liability company or similar
artificial entity?  If so, on what person or entity should the
check be performed?  I am aware that regulations implementing the
Gun Control Act, 27 CFR 178.124(g) require that a dealer have an
individual authorized to act on behalf of the entity complete ATF
Form 4473 ('Yellow Form').  Should the dealer also perform an NICS
check on that person?"

Answer:

Yes, a NICS check is required.  The check would be initiated on the
person completing the ATF Form 4473 for that entity.  

Question:

2.   "Is an NICS check required when a National Firearms Act
firearm is transferred by a dealer, along with a non-NFA firearm? 
I am aware that the Brady law, 18 U.S.C. section 922(t)(3)(B)
excepts from the required NICS check those transfers where the
transfer has been approved by ATF pursuant to the NFA.  So no check
is required before a dealer may transfer an NFA firearm.  However,
in some cases, a dealer will transfer an NFA firearm and a non-NFA
firearm simultaneously, as a single unit, as when a silencer is
integrated into a pistol or rifle, for example, or when a machine
gun conversion part (like a registered sear) is installed into a
host firearm, and may not be removed from the host firearm without
creating an unregistered short barreled rifle.  In these cases is
the dealer required to complete a NICS check before he may transfer
the non-NFA firearm, even though it is not separable (physically,
in the case of the silencer, or legally in the case of the sear)
from the NFA firearm?"

Answer:


As you indicate, the transfer of a properly registered National
Firearms Act (NFA) weapon to a nonlicensee is exempt from the NICS
requirements per 18 U.S.C. section 922(t)(3)(B).  Therefore, if a
transfer occurs involving an NFA firearm, such as a silencer, and
that NFA firearm is an integral part of the complete firearm, then
no NICS check is required.  "Integral part" would mean permanently
attached or installed.  

     In the case of either a silencer that is simply screwed on the
barrel of a separate non-NFA firearm, or a drop-in sear that is
interchangeable in firearms and is installed in a transferred non-
NFA firearm, a NICS check is required for this non-NFA firearm
transfer to a nonlicensed individual.

We trust the foregoing has been responsive to your request. Should
you require additional information or have any further questions,
please contact the Firearms Programs Division at 202-927-7770.



                        Sincerely yours,

                            [signed]
                         Gary L. Thomas
                Chief, Firearms Programs Division


cc:  National Licensing Center (Atlanta, Georgia)
     Division Director (Phoenix, Arizona)