February 18, 1994 OPEN LETTER TO ALL TENNESSEE 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 Tennessee can be either the County Sheriff, or the Chief of Police in incorporated areas. For information on Tennessee firearms laws (Tennessee Code Annotated Section 39-17- 1316), see the back of this letter. II. Reporting multiple sales of handguns. The new law also requires you to report to ATF and to the State Police or local law enforcement agency 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 reporting to State or local authorities, send copy 2 of the 11/92 edition of the form or copy 3 of the 1/94 edition to the Chief of Police in municipalities or the County Sheriff in other areas. 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 Information on Tennessee firearms laws (Tennessee Code Annotated Section 39-17-1316). Under Tennessee law, the Chief Law Enforcement Officer (CLEO) is defined as the sheriff of the county where the sale is to be made or in some cases the Chief of Police if the sale is within a municipality and a 15-day waiting period is imposed. You must continue to comply with Tennessee law, as well as comply with the requirements of the new Federal law. This means that in those cases where a purchaser resides in another county, you would comply with Federal law by notifying the CLEO where the purchaser resides of the contents of form 5300.35 and sending that official a copy of the form, and you would continue to comply with State law by forwarding the required State information to the CLEO where the purchase is taking place.