Since firearm laws and regulations can vary by state, it can feel daunting to navigate background check entry systems. The Dealer’s Record of Sale (DROS) allows the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to track and regulate firearm sales, ensuring they are conducted responsibly and within the bounds of the law.
At FastBound, we understand the importance of compliance. We offer streamlined automation services that simplify the process, allowing dealers to focus on their business while meeting all legal requirements. Our online services are tailored to help you stay ahead in a highly regulated industry while saving you time and money.
What is Included in DROS?
A DROS form requires a wide range of information, most of which can be split into two main categories – information about the firearm and information about the person purchasing the firearm. This ensures that transactions are properly documented and traceable.
- Information about the Prospective Purchaser
- Full Legal Name
- Address or Business Location
- Demographic Information (gender, height, eye color, etc.)
- Date and Place of Birth
- Citizenship Status
- Driver’s License or Identification Card Number
- Background and Exemption Information
- Information about the Firearm
- Serial Number
- Firearm Type (Handgun, Rifle, Shotgun, etc.)
- Firearm Make and Model
- Action Type (semi-automatic, revolver, etc.)
- Caliber, Barrel Length, and Color of Firearm
- Any specific penal code sections that govern the purchase
After submission, buyers must wait for the mandatory 10-day waiting period before taking possession of their firearm.
Variations by State: Point of Contact States
These background check processes are often different between states based on state laws, permit requirements, and firearm types. Whether a state is a Point of Contact State (POC) will have a major impact on the transaction.
Point of Contact states use state or local authorities, such as a state Bureau of Investigations, state police department, or Department of Public Safety, to conduct background checks for firearm transfers in addition to the Federal Bureau of Investigation (FBI). These states can serve as an intermediary between an FFL and the federal databases checked by the National Instant Criminal Background Check System (NICS). A majority of U.S. states use the NICS only, while POC states use both.
NICS States
Under the NICS system, firearms dealers, manufacturers, and importers who hold an FFL are required to undertake an NICS background check on prospective buyers before a firearm transfer. The FBI conducts NICS checks for all firearms transactions in a majority of U.S. states and territories, including:
- Alabama, Alaska, American Samoa, Arizona, Arkansas, Delaware, Washington, D.C., Georgia, Guam, Idaho, Indiana, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Puerto Rico, Rhode Island, South Carolina, South Dakota, Texas, Vermont, Virgin Islands, West Virginia, and Wyoming.
These background checks rely on federal databases such as:
- Interstate Identification Index (III): Ties FBI criminal history records with centralized files by each participating state into one national system
- National Crime Information Center (NCIC): Contains criminal record history, including warrants and restraining orders
- NICS Indices: Collects information about prohibited persons
POC States
These states act as the Point of Contact (POC) for all firearms transactions, allowing them more control and oversight over these sales. A firearms dealer in a POC state looking to run a background check on a buyer must reach out to their respective state agency rather than the FBI and NCIS. The state agency will then ensure that the transaction is compliant with both state and federal requirements.
- California, Colorado, Connecticut, Florida, Hawaii, Illinois, Nevada, New Jersey, Oregon, and Pennsylvania are all POC states.
Partial POC
In Partial Point of Contact states, background check responsibilities are split between the FBI and state agencies, depending on the type of firearm being purchased. FFLs will need to reach out to different agencies depending on the product criteria.
- State agencies conduct background checks for handguns
- The FBI conducts background checks for long guns
- Maryland, Nebraska, Wisconsin, and New Hampshire are Partial POC states.
Requirements for DROS Transactions
In addition to information about the firearm and the purchaser, the DROS form requires some additional information and longer-term requirements to keep in mind during and after an application is submitted.
- Collection of a DROS License Fee: This mandatory fee of $31.19 covers the costs associated with processing the application, conducting background checks, and maintaining records to ensure regulatory compliance.
- Acquisition of a Firearm Safety Certificate: This ensures that individuals purchasing firearms are equipped with the knowledge to handle and store them responsibly, reducing the risk of accidents or misuse.
- Adherence to the Mandatory Waiting Period: This allows for background checks to be completed to ensure the purchaser’s eligibility to own a firearm. In California, the waiting period is ten 24-hour periods from the date and time that the DROS is accepted by the Department of Justice.
What You Avoid By Accurately Submitting a DROS Form
In addition to causing issues with the firearm transaction, a DROS form with incorrect information can also create issues with compliance for FFL holders. Submitting an accurate and thorough DROS form helps ensure a smooth transaction and avoids potential delays, denials, or other unnecessary complications that could arise from an incorrect form.
- Legal Repercussions: Since the DROS is a legal document, inaccuracies can be interpreted as non-compliance with state or federal firearms laws. Repeated mistakes can put a dealer’s FFL in jeopardy.
- Approval Delays: incomplete or inaccurate forms can lead to approval delays of the firearm transfer, which can impact your business operations.
- Record-Keeping Issues: Accurate record-keeping is crucial to make sure that firearms don’t end up in the wrong hands. It’s also an easy way to remain in compliance with California law.
How FastBound Helps With Compliance
FastBound’s intuitive and efficient digital platform simplifies the firearm transaction process for FFLs by automating the background check system. Our software assists FFLs with the accurate entry of information to help reduce the potential for human error and the time spent on manual data entry. We work closely with FFLGuard to proactively monitor potential changes and stay on top of the firearms industry.
At FastBound, we are proud to offer an efficient digital platform that automates the background check system with the most updated forms to guarantee compliance and make the firearm transaction process simple for FFLs. As a trusted document creation platform and storage system for the firearms industry, our ATF-approved solutions include electronic FFL Bound Books, Electronic Transfers, Multiple Sale Reporting, and many more features.
Interested? Give us a try! Start your Free Trial today to learn more about our Dealer Record of Sale options and find out what FastBound can do for you.
Resources:
https://oag.ca.gov/firearms/regs/drosfee
https://oag.ca.gov/firearms/pubfaqs#:~:text=
