(c) Any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol that is designed to use black powder, or a black powder substitute, and that cannot use fixed ammunition. For purposes of this paragraph (3), the term "antique firearm" does not include any weapon that incorporates a firearm frame or receiver, any firearm that is converted into a muzzle loading weapon, or any muzzle loading weapon that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, br..
No. A frame or receiver is a type of firearm “other than a shotgun or rifle” and the transfer by a licensee to an individual less than 21 years of age would be prohibited.[18 U.S.C. 921(a)(5) and (7) and 922(b)(1); 27 CFR 478.11 and 478.99(b)]
A licensee must record the type of firearm as a “frame” or “receiver” (as applicable) in the acquisition and disposition (A&D) record and on the ATF Form 4473. The licensee must also include in any record the make, model, and serial number of the frame or receiver.As a frame or receiver is neither a shotgun nor a rifle, a licensee is prohibited from selling or delivering a frame or receiver to any individual the licensee knows or has reasonable cause to believe is less than 21 years of age.[18 U.S.C. 922(b)(5), 27 CFR 478.11]
(a)
Interstate sales or deliveries.
A licensed importer, licensed manufacturer, licensed dealer, or licensed collector shall not sell or deliver any firearm to any person not licensed under this part and who the licensee knows or has reasonable cause to believe does not reside in (or if a corporation or other business entity, does not maintain a place of business in) the State in which the licensee's place of business or activity is located:
..
The National Firearms Act (NFA) contains no minimum age in regard to the possession of NFA firearms. Regardless, federal firearms law prohibits a licensed importer, manufacturer, dealer or collector (i.e., licensees) from selling or delivering any firearm or ammunition to any individual that the federal licensee knows or has reasonable cause to believe is less than 18 years of age. Federal firearms law further provides that a licensee shall not sell or deliver any firearm or ammunition that is other than a shotgun or rifle or ammunition for a shotgun or rifle to any individual that the federal licensee knows or has reasonable cause to believe is less than 21 years of age.[27 CFR § 478.99(b)]
If the pawnbroker and nonlicensee are residents of the same state, the pawnbroker may return a handgun, long gun, or other firearm to either the person who pawned it or, where state and/or local law allows, a holder of the pawn ticket* who resides in the pawnbroker’s state.If the pawnbroker and nonlicensee are not residents of the same state:The pawnbroker may return a firearm to the person who pawned it.The pawnbroker may transfer a rifle or shotgun to the holder of a pawn ticket* who did not pawn it, provided the transaction complies with the conditions of sale in both the state where the pawnbroker is licensed and the state where the pawn ticket holder resides.* NOTE: The holder of the pawn ticket may acquire a firearm only if they are the actual “transferee/buyer” of the firearm. The holder of a pawn ticket may not acquire a firearm on behalf of another person.[18 U.S.C. 922(a)(2), 922(a)(3) and 922(b)(3)]
An individual between 18 and 21 years of age may acquire a handgun from an unlicensed individual who resides in the same state, provided the person acquiring the handgun is not otherwise prohibited from receiving or possessing firearms under federal law. A federal firearms licensee may not, however, sell or deliver a firearm other than a shotgun or rifle to a person the licensee knows or has reasonable cause to believe is under 21 years of age.There may be state or local laws or regulations that govern this type of transaction. Contact the office of your State Attorney General for information on any such requirements.[18 U.S.C. 922(b)(1)]
Yes. Under the Gun Control Act (GCA), shotguns and rifles, and ammunition for shotguns or rifles may be sold only to individuals 18 years of age or older. All firearms other than shotguns and rifles, and all ammunition other than ammunition for shotguns or rifles may be sold only to individuals 21 years of age or older. Licensees are bound by the minimum age requirements established by the GCA regardless of state or local law. However, if state law or local ordinances establish a higher minimum age for the purchase or disposition of firearms, the licensee must observe the higher age requirement.[18 U.S.C. 922(b)(1) and (b)(2); 27 CFR 478.99(b)]
Generally, a firearm may not lawfully be sold by a licensee to a nonlicensee who resides in a state other than the state in which the seller’s licensed premises is located. However, the sale may be made if the firearm is shipped to a licensee whose business is in the purchaser’s state of residence and the purchaser takes delivery of the firearm from the licensee in his or her state of residence.In addition, a licensee may sell a rifle or shotgun to a person who is not a resident of the state where the licensee’s business premises is located in an over–the–counter transaction, provided the transaction complies with state law in the state where the licensee is located and in the state where the purchaser resides.[18 U.S.C. 922(b)(3); 27 CFR 478.99(a)]
Yes, provided the buyer is 18 years of age or older, and the licensee is satisfied that the ammunition is for use in a rifle. If the ammunition is intended for use in a handgun, the buyer must be at least 21 years of age.[18 U.S.C. 922(b)(1); 27 CFR 478.99(b)]
(a) No person shall assemble a semiautomatic rifle or any shotgun using more than 10 of the imported parts listed in paragraph (c) of this section if the assembled firearm is prohibited from importation under section 925(d)(3) as not being particularly suitable for or readily adaptable to sporting purposes.
No, a license is not required to make a firearm solely for personal use. However, a license is required to manufacture firearms for sale or distribution. The law prohibits a person from assembling a non–sporting semiautomatic rifle or shotgun from 10 or more imported parts, as well as firearms that cannot be detected by metal detectors or x–ray machines. In addition, the making of an NFA firearm requires a tax payment and advance approval by ATF.[18 U.S.C. 922(o), (p) and (r); 26 U.S.C. 5822; 27 CFR 478.39, 479.62 and 479.105]
Yes. National Firearms Act weapons (which include machineguns, short-barreled rifles and shotguns, and silencers); nonsporting firearms; U.S. government origin firearms or firearms that contain U.S. government origin manufactured parts or components; and firearms from certain proscribed countries may not be temporarily imported.If you think the firearm(s) you wish to import may be affected by these restrictions, please contact the Firearms and Explosives Imports Branch by phone at (304) 616-4550 or by email at imports@atf.gov.[18 U.S.C. 922(l) and 925(d); 26 U.S.C. 5844; 27 CFR 447.52 and 447.57; 27 CFR 478.111; 27 CFR 479.111]
(a) The Director may authorize a person to transport in interstate or foreign commerce any destructive device, machine gun, short-barreled shotgun, or short-barreled rifle, if he finds that such transportation is reasonably necessary and is consistent with public safety and applicable State and local law. A person who desires to transport in interstate or foreign commerce any such device or weapon shall submit a written request so to do, in duplicate, to the Director. The request shall contain:
A registered possessor of an NFA firearm, other than a federal firearms licensee/special occupational taxpayer (FFL/SOT), may not lawfully transport in interstate or foreign commerce any destructive device, machinegun, short-barreled shotgun or short-barreled rifle without prior written approval of ATF, specifically the NFA Branch.Approval for the transportation may be obtained by either a written request, or an approved application filed with ATF on Form 5320.20, Application to Transport Interstate or to Temporarily Export Certain NFA Firearms. Please note that applications to transport NFA firearms will be approved only if consistent with all state and local laws.[18 U.S.C. § 922(a)(4); 27 CFR § 478.28]
Yes, unless the registered possessor is a qualified dealer, manufacturer or importer, or a licensed collector transporting only curios or relics. Prior approval must be obtained, even if the move is temporary. Approval is requested by either submitting a letter containing all necessary information, or by submitting ATF Form 5320.20, Application to Transport Interstate or to Temporarily Export Certain National Firearms Act (NFA) Firearms. This requirement does not apply to the lawful interstate transportation of silencers. Possession of the firearms also must comply with all state and local laws.[18 U.S.C. 922(a)(4); 27 CFR 478.28]
Any other weapon.
Any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive, a pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell, weapons with combination shotgun and rifle barrels 12 inches or more, less than 18 inches in length, from which only a single discharge can be made from either barrel without manual reloading, and shall include any su..
Assuming that the firearm was originally a pistol, the resulting firearm, with an attached shoulder stock, is not an NFA firearm if it has a barrel of 16 inches or more in length.Pursuant to ATF Ruling 2011-4, such rifle may later be unassembled and again configured as a pistol. Such configuration would not be considered a “weapon made from a rifle” as defined by 26 U.S.C. § 5845(a)(4).[26 U.S.C. § 5845, 27 CFR § 479.11]
The following weapons are regulated under the National Firearms Act (NFA):A shotgun having a barrel or barrels of less than 18 inches in length;A weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length;A rifle having a barrel or barrels of less than 16 inches in length;A weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length;Any other weapon, as defined in subsection (e);A machinegun;Any silencer (as defined in section 921 of title 18, United States Code); andA destructive device.[26 U.S.C. 5845; 27 CFR 479.11]
(b) Shall not apply to the transportation or receipt of a rifle or shotgun obtained from a licensed manufacturer, licensed importer, licensed dealer, or licensed collector in a State other than the transferee's State of residence in an over-the-counter transaction at the licensee's premises obtained in conformity with the provisions of § 478.96(c) and
Generally, a person may only acquire a firearm within the person’s own state. Exceptions include the acquisition pursuant to a lawful bequest, or an over-the-counter acquisition of a rifle or shotgun from a licensee where the transaction is allowed by the purchaser’s state of residence and the licensee’s state of business. A person may borrow or rent a firearm in any state for temporary use for lawful sporting purposes.[18 U.S.C 922(a)(3); 27 CFR 478.29]
Bullet-sensitive explosive materials. Explosive materials that can be exploded by 150-grain M2 ball ammunition having a nominal muzzle velocity of 2700 fps (824 mps) when fired from a .30 caliber rifle at a distance of 100 ft (30.5 m), measured perpendicular. The test material is at a temperature of 70 to 75 degrees F (21 to 24 degrees C) and is placed against a 1/2 inch (12.4 mm) steel backing plate.
(1) A licensed importer, licensed manufacturer, or licensed dealer may sell or deliver a rifle or shotgun, and a licensed collector may sell or deliver a rifle or shotgun that is a curio or relic to a nonlicensed resident of a State other than the State in which the licensee's place of business is located if—
(d) Prior to making an over-the-counter transfer of a shotgun or rifle under the provisions contained in § 478.96(c) to a nonlicensee who is not a resident of the State in which the licensee's business premises is located, the licensee so transferring the shotgun or rifle, and such transferee, shall comply with the requirements of paragraph (c) of this section.
(8) A description of the firearm to be transferred by name and address of the manufacturer or importer (if known); caliber, gauge, or size; model; serial number; in the case of a short-barreled shotgun or a short-barreled rifle, the length of the barrel; in the case of a weapon made from a rifle or shotgun, the overall length of the weapon and the length of the barrel; and any other identifying marks on the firearm. In the event the firearm does not bear a serial number, the applicant shall obta..
(2) The term "receiver" means the part of a rifle, shotgun, or projectile weapon other than a handgun, or variants thereof, that provides housing or a structure for the primary component designed to block or seal the breech prior to initiation of the firing sequence (
i.e.,
bolt, breechblock, or equivalent), even if pins or other attachments are required to connect such component to the housing or structure.
The sale or delivery by a licensee of any destructive device, machine gun, short-barreled shotgun, or short-barreled rifle, to any person other than another licensee who is licensed under this part to deal in such device or firearm, is prohibited unless the person to receive such device or firearm furnishes to the licensee a sworn statement setting forth
Where the transfer of a destructive device, machine gun, short-barreled shotgun, or short-barreled rifle is to be made by a person licensed under the provisions of Title I of the Gun Control Act of 1968 (82 Stat. 1213) to a person not so licensed, the sworn statement required by § 478.98 of this chapter shall be attached to and accompany the transfer application required by this subpart.