(a) Except for adjustment or repair of a firearm that is returned to the person from whom it was received on the same day, each licensed manufacturer shall record the name of the manufacturer and importer (if any), type, model, caliber or gauge, and serial number (including any associated license number either as a prefix, or if remanufactured or imported, separated by a semicolon) of each firearm manufactured or otherwise acquired (including a frame or receiver to be disposed of separately), th..
On the Annual Firearms Manufacturers and Export Report (AFMER) form, Instruction 2 (a) defines "production" as firearms manufactured during the calendar year, to include separate frames or receivers, actions or barreled actions, disposed of in commerce.A manufacturer who acquires these items from another licensed manufacturer in the assembly and production of complete firearms will include the manufacture of these firearms in their own report. Separate frames or receivers, actions, or barreled actions are to be included in this report when they are exported or disposed of in commerce to a person other than a licensed manufacturer.Examples:If you manufacture and sell a firearm to a non-manufacturer, you are to report it in the year you sell it.If you manufacture firearms and send them to another licensed manufacturer to finish assembly, and the other manufacturer sells the firearms into commerce or exports them, then you do NOT include these firearms on your report.If you manufacture a firearms part, send it to another licensed manufacturer for further assembly, and the other manufacturer returns it to you and you then sell it into U.S. commerce or export it outside the U.S., then you do include the firearm(s) on your report, in the year they entered commerce or were exported.
On your Annual Firearms Manufacturers and Export Report (AFMER) form, you should report all firearms that were manufactured and exported under section 9, for exportation.Example:If you manufacture 1,000 firearms then sell 300 into U.S. commerce, export 600 out of the U.S., and dispose of the remaining 100 to another licensed type 07 or type 10 federal firearm licensee, you should record 300 in section 8 and 600 in section 9. The remaining 100 would not get reported at this point, since they were not sold into U.S. commerce or exported.
Whether or not you need to report this as production depends upon whom you received the firearm from and the nature of the modifications you make.If you received the firearm (to include a firearm frame, receiver, action, or barreled action) from a licensee other than a type 07 or type 10 federal firearms licensee (FFL), or from a non-licensee, then you would not report it, provided your modifications did not change the firearm’s Annual Firearms Manufacturers and Export Report (AFMER) firearm category.If your modifications altered the firearm’s AFMER firearm category (as listed on the form items 8a-j and 9a-j), then you would include the firearm in your AFMER report in the category of firearm you have now produced.If you received the firearm from another licensed manufacturer (type 07 or type 10 FFL), then production should be reported once you enter the firearm into commerce, or export it.Examples:You are a licensed manufacturer and obtain a rifle from a licensee other than a type 07 or type 10 FFL, or from a non-licensee. You remanufacture the rifle by adding custom parts and accessories before selling it as a rifle. You would not include the firearm in your AFMER report since the firearm was previously reported by its original manufacturer, and your modifications did not change it into a different type of firearm.You are a licensed manufacturer and obtain a used rifle from a licensee other than a type 07 or type 10 FFL, or from a non-licensee. You strip off the parts and replace the receiver with a new receiver that you acquired from a licensed manufacturer, then sell the firearm. You would include this on your report as a rifle, since you entered the new receiver into commerce as a rifle.In contrast, if you had purchased the new receiver from someone other than a type 07 or type 10 FFL, you would not report it, since the original manufacturer would have reported the receiver previously when it was sold.You are a licensed manufacturer (type 07 or type 10 FFL) and obtain receivers from another manufacturer who sold them to you through their firearms dealer’s license. You use the receivers to manufacture rifles and sell them into commerce. This would not be reported, since the manufacturer of the receivers would have included them on their AFMER report when they first entered commerce through their manufacturer license.You are a licensed manufacturer (type 07 or type 10 FFL) and obtain a rifle from a licensee other than a type 07 or type 10 FFL, or from a non-licensee. You then remanufacture the rifle into a pistol and sell it. This would be included in your AFMER report because your modification resulted in a change to the firearm’s type (i.e. from rifle to pistol). This would also be reportable for rifles turned into short-barreled rifles, semi-automatic weapons turned into machineguns, or any other remanufacturing that changes the AFMER classification of the weapon.
No. The Annual Firearms Manufacturers and Export Report (AFMER) form is used to report the number of firearms that are produced AND have entered commerce or have been exported, within the reporting calendar year.Example:If you produced 100 firearms but only 30 were entered into commerce during the reporting calendar year, then you would only report 30. The other 70 firearms are still in your possession (and on your books) and would not be reported until the calendar year that they enter commerce or are exported.
Yes, you must file an Annual Firearms Manufacturers and Export Report (AFMER) form to let ATF know that you had no reportable firearms (enter “0” zero).A lack of activity is just as important as significant activity because it helps provide an accurate, overall statistical profile of the firearms industry in the United States for a particular period.
ATF usually sends out the Annual Firearms Manufacturers and Export Report (AFMER) filing notice to all licensed manufacturers in mid-February or early March. According to instruction 1(c), manufacturers have until April 1 to submit their annual report covering the preceding calendar year.Example:If you receive a request letter in the mail in February 2019, then the notice from ATF is requesting data for calendar year 2018.
No. You are not allowed to file your Annual Firearms Manufacturers and Export Report (AFMER) form before the calendar year ends, unless you have permanently discontinued business. If you have discontinued business, you must submit your completed AFMER within 30 days following the discontinuance of business.Examples:You only manufactured and sold 2 firearms in March 2016. You decide to send in your 2016 report on December 15, 2016, while you were thinking about it, but then you sell a firearm on December 31, 2016. Your report would be inaccurate due to premature filing. You go out of business on July 1, 2016 so you submit your calendar year 2016 report on July 11, 2016, within the 30-day deadline. In this case, your report will be accepted because you have discontinued business.
Your Annual Firearms Manufacturers and Export Report (AFMER) form can be submitted via eForms, ATF's free online filing system. We encourage you to submit this way, as it is the fastest way to report your information.You can also submit your AFMER form by mail to:ATF - FFLCAFMER Program244 Needy RoadMartinsburg, WV 25405
If you file your Annual Firearms Manufacturers and Export Report (AFMER) form using eForms, you will have access to a record of your submission in the system.If you mail your report, you will not receive confirmation of receipt from ATF.
You may file an amended Annual Firearms Manufacturers and Export Report (AFMER) form with ATF at any time. Write the words "Amended Report" across the top of the AFMER form and be sure that you clearly and accurately identify the period for which you are amending your data (item # 7a).
Annual Firearms Manufacturers and Export Report (AFMER) data is compiled into an annual statistical profile and released each year on this website's Data and Statistics page.The final release is deferred by one year. For example, 2015 data was not released until January 2017. Published AFMER data is referenced by academic researchers, industry trade associations, regulatory agencies, the media, private interest groups, and others having an interest in the scope, vitality, and diversity of the U.S. firearms industry.Additionally, ATF industry operations investigators verify compliance with the AFMER filing requirement and the accuracy of data reported to ATF, when compliance inspections of licensed firearms manufacturers are performed.
Yes, licensees must file an Annual Firearms Manufacturers and Export Report (AFMER) form even if the licensee had no manufacturing activity for that reporting period.[18 U.S.C. 923(g)(5)]
(a) Each person intending to engage in business as an importer or manufacturer of firearms or ammunition, or a dealer in firearms shall, before commencing such business, obtain the license required by this subpart for the business to be operated. Each person who desires to obtain a license as a collector of curios or relics may obtain such a license under the provisions of this subpart.
No, as long as the importer or manufacturer is engaged in the business of dealing in firearms at the licensed premises in the same type of firearms authorized by the importer’s or manufacturer’s license.[27 CFR 478.41(b)]
Yes. Each person intending to engage in business as a firearms dealer, importer or manufacturer, or as an ammunition importer or manufacturer, must obtain the required federal firearms license prior to commencing business.[18 U.S.C. 923(a); 27 CFR 478.41]
No. A person licensed as a manufacturer of ammunition may not manufacture firearms unless they obtain a license as a firearms manufacturer.[18 U.S.C. 923; 27 CFR 478.41]
Yes. A manufacturer of firearms may also manufacture ammunition (not including destructive device ammunition or armor piercing ammunition) without obtaining a separate license as a manufacturer of ammunition.
Yes, if the person engages in the business of selling or distributing reloads for the purpose of livelihood and profit.No, if the person reloads only for personal use.[18 U.S.C. 922(a) and 923(a); 27 CFR 478.41]
Yes. Licensed manufacturers must pay excise tax on the sale of firearms and ammunition manufactured.For additional information on excise taxes, contact the Department of Treasury, Alcohol and Tobacco Tax and Trade Bureau.
No. A license is not required for a dealer in ammunition only. However a license is required to manufacture or import ammunition.[18 U.S.C. 922 (a)(1)(B); 27 CFR 478.41]]
Blasting agent. Any material or mixture, consisting of fuel and oxidizer, that is intended for blasting and not otherwise defined as an explosive; if the finished product, as mixed for use or shipment, cannot be detonated by means of a number 8 test blasting cap when unconfined. A number 8 test blasting cap is one containing 2 grams of a mixture of 80 percent mercury fulminate and 20 percent potassium chlorate, or a blasting cap of equivalent strength. An equivalent strength cap comprises 0.40-0..
The regulations at 27 CFR Part 555 Subpart G - Records and Reports generally require that records pertaining to explosive materials be maintained on the business premises for 5 years from the date a transaction occurs or until discontinuance of business or operations. The definition of “business premises” at 27 CFR § 555.11 includes property where the explosives records are kept if different than the premises where explosive materials are manufactured, imported, stored, or distributed (for manufacturers, importers, or dealers) or where explosive materials are received or stored (for users).Therefore, you may keep required records at an alternate location; however, any location where you maintain required records is also your business premises and so is subject to ATF inspection. Records should be located such that you are able to provide complete printed records during the ATF inspection in a manner that does not hinder the effective administration of the inspection process.
Theatrical flash powder is flash powder commercially manufactured in premeasured kits not exceeding 1 ounce in weight, and mixed immediately prior to use and intended for use in events such as theatrical shows, stage plays, band concerts, magic acts, thrill shows, and clown acts in circuses. A manufacturer’s license allows on-site manufacturers to operate nationally on one license issued to their principal place of business.[27 CFR 555.11: definitions of "flash powder" and "theatrical flash powder", 555.41(b)]
If the individual purchasing the binary explosives is engaged in the business of manufacturing explosives, i.e., mixes and uses them in the operation of a commercial business (for example, operating a quarry, or providing the service of removing stumps or boulders from a farm field), then a manufacturer’s license is required.An individual farmer who merely wishes to mix the binary explosives to remove obstacles from his field and provides no other outside service would not need a manufacturer’s license.Please note, however: A Federal explosives license or permit would be required to obtain any explosive device, such as detonators, used to initiate the mixed binary explosives. In addition, transportation of any explosive material, including mixed binary explosives, without a Federal license or permit is prohibited. [27 CFR 555.11: Definition of "manufacturer"; 27 CFR 555.26, 555.41(b)]
A manufacturer’s license is required by persons engaged in the business of manufacturing explosive materials for sale, distribution, or for their own business use. For example, persons engaged in the business of providing a blasting service using explosives of their own manufacture would be required to have a manufacturer’s license. Persons who manufacture explosives for their personal, non-business use are not required to have a manufacturer’s license. However, no person may ship, transport, cause to be transported, or receive explosive materials unless such person holds a license or permit. [27 CFR 555.11: definition of “manufacturer”, 555.41(b)] A separate manufacturer’s license is not required by a licensed manufacturer for the purpose of on-site manufacture, for example, mixing binary explosives or making blasting agents at a quarry or other job site. It is not necessary for a licensed manufacturer to also obtain a dealer’s license or permit to engage in business on his or her licensed premises as a dealer in explosive materials [27 CFR 555.11: definition of "manufacturer", 555.41(b)(2)]
Black powder is an explosive material for purposes of federal explosives laws and regulations.However, the law exempts from regulation commercially manufactured black powder in quantities not exceeding 50 pounds (as well as percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers) intended to be used solely for sporting, recreational, or cultural purposes in antique firearms as defined in 18 U.S.C. 921(a)(16) or in antique devices exempted from the term "destructive device" in 18 U.S.C. 921(a)(4).Regardless, persons engaged in the business of importing, manufacturing, or dealing in black powder in any quantity must have a federal explosives license, and comply with recordkeeping, storage and conduct of business requirements.[18 U.S.C. 841(c), 841(d), 845(a)(5); 27 CFR 555.11: definitions of "explosives" and "explosive materials", 555.141(b)]
Smokeless powders designed for use in small arms ammunition are exempt from regulation under 18 U.S.C. Chapter 40 and the regulations in 27 CFR Part 555. Packaging that readily identifies the smokeless powder as being designed for use in small arms ammunition may help in determining whether it is entitled to the exemption. Smokeless powder designed for use other than in small arms ammunition, and explosive products such as squibs, fireworks, theatrical special effects, or other articles that may contain smokeless powders, are regulated and must be stored pursuant to the regulations at 27 CFR 555, Subpart K – Storage.It should be noted that persons engaged in the business of importing or manufacturing smokeless powder designed for any use must have a Federal explosives license. Further, importers of smokeless powder designed for use in small arms ammunition must also possess an ATF firearms importers license (Type 08 or 11); must register with ATF under the provisions of the Arms Export Control Act; and must submit (to ATF) and receive an approved ATF Form 6 – part I (5330.3A), Application and Permit for Importation of Firearms Ammunition and Implements of War.
No. A building such as an office building or repair shop which is part of the premises of an explosives business and is used by the business in connection with the manufacture, transportation, storage, or use of explosive materials is not considered to be an “inhabited building”. [27 CFR 555.11: definition of “inhabited building”, 555.218]
Generally, the importation, distribution, and storage of fireworks defined as consumer fireworks are exempted from the provisions of the federal explosives laws. However, because they contain pyrotechnic compositions classed by ATF as explosive materials, the manufacture of consumer fireworks requires a manufacturer’s license. In addition, pyrotechnic compositions used in the manufacture of consumer fireworks must be stored in accordance with regulations in 27 CFR Subpart K. Consumer fireworks are defined as "any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and labeling regulations of the U.S. Consumer Product Safety Commission, as set forth in Title 16, Code of Federal Regulations, parts 1500 and 1507. Some small devices designed to produce audible effects are included, such as whistling devices, ground devices containing 50 mg or less of flash powder, and aerial devices containing 130 mg or less of flash powder. Consumer fireworks are classified as fireworks UN0336 and UN0337 by the U.S. Department of Transportation at 49 CFR 172.101. This term does not include fused set pieces containing components which together exceed 50 mg of salute powder."[27 CFR 555.11: definition of "consumer fireworks"; definition of "licensed manufacturer", 555.141(a)(7)]
Federal explosives regulations generally exempt the importation, distribution, and storage of items classified as UN0431 or UN0432 explosives―by the U.S. Department of Transportation (DOT) at 49 CFR 172.101―and generally known as “articles pyrotechnic.” However, not all items classified by DOT as articles pyrotechnic are exempt from ATF regulations. To be exempt, the items must meet all criteria found in the definition for “articles pyrotechnic” at 27 CFR 555.11, “Pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use. Such articles meeting the weight limits for consumer fireworks but not labeled as such and classified by U.S. Department of Transportation regulations in 49 CFR 172.101 as UN0431 or UN0432.” In evaluating whether a particular device is exempt under 27 CFR 555.141(a)(7), ATF considers, in part, the intended use and function of the device, net explosive weight, chemical composition, and construction.Because they contain pyrotechnic compositions classed by ATF as explosive materials, the manufacture of items defined as “articles pyrotechnic” requires an ATF manufacturer’s license. In addition, pyrotechnic compositions used in the manufacture of articles pyrotechnic must be stored in accordance with regulations in 27 CFR Subpart K. The [27 CFR 555.11: definitions of “articles pyrotechnic” and “consumer fireworks”, 555.141(a)(7)]
Fireworks process buildings include any buildings in which pyrotechnic compositions or explosives materials are mixed, pressed, finished, or assembled. Outdoor pyrotechnic mixing areas (e.g., areas used for mixing flash or black powder) are included in the definition of fireworks mixing buildings and are therefore considered “fireworks process buildings” which are subject to the distance and weight limitations addressed at 27 CFR §§ 555.222 and 555.223. Fireworks process buildings do not include plant warehouses, office buildings, or other buildings and areas in which no fireworks, pyrotechnic compositions, or explosive materials are processed or stored. Further, ATF has determined that open outdoor areas used for assembly operations other than mixing would not fall within the definition of “fireworks process buildings” because the term “area” is only used for defining “fireworks mixing building”. Keep in mind that all pyrotechnic mixing and assembling operations in process buildings must meet the aforementioned distance and weight limitations in §§ 555.222 and 555.223. [27 CFR 555.11: definition of “fireworks process building”]
(i) Each person intending to engage in business as an importer or manufacturer of, or a dealer in, explosive materials, including black powder, must, before commencing business, obtain the license required by this subpart for the business to be operated.
No. No licensee will be required to obtain a user permit to lawfully transport, ship, or receive explosive materials in inter-state or foreign commerce. [27 CFR 555.41(b)(2)]
Yes. The licenses for manufacturing and importing allow a person to engage in separate and distinct activities and a separate license is required for each activity. However, a manufacturer or an importer does not need a separate dealer’s license to also distribute explosive materials from the licensed premises. [27 CFR 555.41(b)]
Yes. A separate license is required for each location where business is conducted. However, a separate license is not required for:(a) Facilities used only for the storage of explosive materials;(b) Locations used solely for the storage of records relating to the business; and(c) Licensed manufacturers’ on-site manufacturing.[27 CFR 555.41(b)]
Licenses allow persons to engage in the business of importing, manufacturing, or dealing in explosive materials. Any individual or business entity intending to engage in any of these activities must first obtain a license. A user permit allows the receipt and transportation of explosive materials. A limited permit allows the receipt of explosive materials from a licensee or permittee within the permittee’s state of residence only, and on no more than six occasions in the 12-month period during which the limited permit is valid. A limited permit does not authorize the receipt or transportation of explosive materials in interstate or foreign commerce. [27 CFR 555.11: definitions of "importer", "manufacturer", "dealer", "limited permit", and "user permit", 555.41] A separate license is needed for each business premises where an explosives business or activity is conducted. Only a single user permit is needed by a permittee who uses explosives in more than one location. [27 CFR 555.41]
A Federal explosives manufacturer license allows a person to acquire, manufacture for commercial use, distribute, ship and transport explosive materials in interstate or foreign commerce.A Federal explosives importer license allows a person to import, distribute, ship and transport explosive materials in interstate or foreign commerce.A Federal explosives dealer license allows a person to acquire, distribute, ship and transport explosive materials in interstate or foreign commerce.A Federal explosives permit allows a person to receive, ship, and transport explosive materials. A federal explosives permit does not authorize a person to distribute explosives.
(a)
Background check.
Except as provided in paragraph (d) of this section, a licensed importer, licensed manufacturer, or licensed dealer (the licensee) shall not sell, deliver, or transfer a firearm to any other person who is not licensed under this part unless the licensee meets the following requirements:
No. However, licensed manufacturers, importers and dealers who transfer a curio or relic firearm must conduct a NICS background check prior to transfer to a nonlicensee.[18 U.S.C. 922(t); 27 CFR 478.102]
Licensed firearms importers, manufacturers, and dealers must conduct a NICS background check prior to the transfer of any firearm to a nonlicensed individual.[18 U.S.C. 922(t); 27 CFR 478.102]
Yes. Licensed manufacturers, importers, and dealers must conduct a background check for the transfer of all firearms subject to the Gun Control Act.[18 U.S.C. 922(t); 27 CFR 478.102]
(a)
Manufacturer of firearms.
A person who devotes time, attention, and labor to manufacturing firearms as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the firearms manufactured;
Receiver blanks that do not meet the definition of a "firearm" are not subject to regulation under the Gun Control Act (GCA). ATF has long held that items such as receiver blanks, "castings" or "machined bodies" in which the fire-control cavity area is completely solid and un-machined have not reached the "stage of manufacture" which would result in the classification of a firearm according to the GCA.The following three photos are provided as examples. The first receiver has a solid, un-machined fire-control cavity area with no holes or dimples for the selector, trigger, or hammer pins. It does not meet the GCA definition of a firearm. The second receiver, shown from the top, likewise has a solid, un-machined fire-control cavity area. It does not meet the GCA definition of a firearm. The third receiver has a partially machined fire-control cavity and does meet the GCA definition of a firearm.
Yes. ATF routinely collaborates with the firearms industry and law enforcement to monitor new technologies and current manufacturing trends that could potentially impact the safety of the public.
“80% receiver,” “80% finished,” “80% complete” and “unfinished receiver” are all terms referring to an item that some may believe has not yet reached a stage of manufacture that meets the definition of "firearm frame" or "receiver" according to the Gun Control Act (GCA). These are not statutory terms and ATF does not use or endorse them.
Yes. A license is required to import or manufacture ammunition. However, a license is not required to deal only in ammunition. Ammunition includes cartridge cases, primers, bullets or propellant powder designed for use in any firearm other than an antique firearm.[18 U.S.C. 921(a)(17), 922(a)(1)(B) and 923(a); 27 CFR 478.11]
Receivers that meet the definition of a “firearm” must have markings, including a serial number. See 27 CFR § 478.92, Firearm manufacturers marking requirements.
(ii)
Model, caliber or gauge, foreign manufacturer, country of manufacture.
By engraving, casting, stamping (impressing), or otherwise conspicuously placing or causing to be engraved, cast, stamped (impressed) or placed on the frame or receiver, or barrel or pistol slide (if applicable) thereof, certain additional information. This information must be placed in a manner not susceptible of being readily obliterated, altered, or removed. The additional ..
(b) ATF officers may, for the purposes and under the conditions prescribed in § 478.23, enter the premises of any licensed importer, licensed manufacturer, licensed dealer, or licensed collector for the purpose of examining or inspecting any record or document required by or obtained under this part. Section 923(g) of the Act requires licensed importers, licensed manufacturers, licensed dealers, and licensed collectors to make such records available for such examination or inspection during busi..
(a)
General.
No person shall make a firearm unless the person has filed with the Director a completed application on ATF Form 1 (5320.1), Application to Make and Register a Firearm, in duplicate, executed under the penalties of perjury, to make and register the firearm and has received the approval of the Director to make the firearm, which approval shall effectuate registration of the firearm to the applicant. If the applicant is not a licensed ..
As provided by regulations, certifications by the local chief of police, sheriff of the county, head of the state police, or state or local district attorney or prosecutor are acceptable. The regulations also provide that certifications of other officials are appropriate if found in a particular case to be acceptable to the Director. Examples of other officials who have been accepted in specific situations include state attorneys general and judges of state courts having authority to conduct jury trials in felony cases.Effective July 13, 2016, the final rule “Machineguns, Destructive Devices and Certain Other Firearms; Background Checks for Responsible Persons of a Trust or Legal Entity With Respect to Making or Transferring a Firearm” amends the regulations to eliminate the requirement for a certification signed by a CLEO and instead adds a CLEO notification requirement.Prior to the submission of an ATF Form 1 or ATF Form 4 to the Director, all applicants/transferees and responsible persons shall forward a completed copy of ATF Form 1 or ATF Form 4, or a completed copy of Form 5320.23, respectively, to the chief law enforcement officer of the locality in which the applicant/transferee or responsible person is located. The chief law enforcement officer is the local chief of police, county sheriff, head of the state police, state or local district attorney or prosecutor.If the applicant/transferee is not a licensed manufacturer, importer, or dealer qualified under this part and is a partnership, company, association, or corporation, for purposes of this section, it is considered located at its principal office or principal place of business; if the applicant/transferee is not a licensed manufacturer, importer, or dealer qualified under this part and is a trust, for purposes of this section, it is considered located at the primary location at which the firearm will be maintained.
No. Effective July 13, 2016, the final rule “Machineguns, Destructive Devices and Certain Other Firearms; Background Checks for Responsible Persons of a Trust or Legal Entity With Respect to Making or Transferring a Firearm” amends the regulations to eliminate the requirement for a certification signed by a chief law enforcement official (CLEO) and instead adds a CLEO notification requirement.Prior to the submission of the ATF Form 1 or ATF Form 4 to the Director, all applicants/transferees and responsible persons shall forward a completed copy of ATF Form 1 or Form 4, or a completed copy of Form 5320.23, respectively, to the chief law enforcement officer of the locality in which the applicant or responsible person is located. The chief law enforcement officer is the local chief of police, county sheriff, head of the state police, state or local district attorney or prosecutor.If the applicant/transferee is not a licensed manufacturer, importer, or dealer qualified under this part and is a partnership, company, association, or corporation, for purposes of this section, it is considered located at its principal office or principal place of business; if the applicant/transferee is not a licensed manufacturer, importer, or dealer qualified under this part and is a trust, for purposes of this section, it is considered located at the primary location at which the firearm will be maintained.
No. Effective July 13, 2016, the final rule “Machineguns, Destructive Devices and Certain Other Firearms; Background Checks for Responsible Persons of a Trust or Legal Entity With Respect to Making or Transferring a Firearm” amends the regulations to eliminate the requirement for a certification signed by a chief law enforcement officer (CLEO) and instead adds a CLEO notification requirement.Prior to submission of the application to the Director, all applicants/transferees and responsible persons shall forward a completed copy of ATF Form 1 or ATF Form 4, or a completed copy of Form 5320.23, respectively, to the chief law enforcement officer of the locality in which the applicant or responsible person is located. The chief law enforcement officer is the local chief of police, county sheriff, head of the state police, state or local district attorney or prosecutor.If the transferee is not a licensed manufacturer, importer, or dealer qualified under this part and is a partnership, company, association, or corporation, for purposes of this section, it is considered located at its principal office or principal place of business; if the applicant/transferee is not a licensed manufacturer, importer, or dealer qualified under this part and is a trust, for purposes of this section, it is considered located at the primary location at which the firearm will be maintained.
Any licensed importer is authorized to engage in the business of importing explosive materials for sale, distribution, or their own use. Any licensed manufacturer, dealer, or holder of a user permit may import explosive materials for their own use only. Licensees and user permittees importing explosive materials must provide to the U.S. Customs and Border Protection (CBP) a copy of the license or permit. Note, however, that in the case of certain military explosives or propellant powder or other components of small arms ammunition, Federal firearms regulations require the importer to provide an approved ATF Form 6 to the CBP. [27 CFR 555.41(b)(2), 555.41(b)(3), 447.21, 555.108(a), 555.183, 478.113]
(f)
Discontinuance of business.
Since section 922(o), Title 18, U.S.C., makes it unlawful to transfer or possess a machine gun except as provided in the law, any qualified manufacturer, importer, or dealer intending to discontinue business shall, prior to going out of business, transfer in compliance with the provisions of this part any machine gun manufactured or imported after May 19, 1986, to a Federal, State or local governmental entity, qual..
In taking the inventory required by §§ 555.122, 555.123, 555.124, and 555.125, a licensee or permittee shall enter the inventory in a record of daily summary transactions to be kept at each magazine of an approved storage facility; however, these records may be kept at one central location on the business premises if separate records of daily transactions are kept for each magazine. Not later than the close of the next business day, each licensee and permittee shall record by manufacturer's name..
The regulations at 27 CFR 555.127 allow for display fireworks quantity entries to be expressed in the DSMT, in part, as the number of packaged display segments or packaged displays. However, industry members must provide to ATF upon request, information as to the number and size of display fireworks contained in any one packaged display segment or packaged display. This allowance for quantity entry of display fireworks is separate from the requirement to record the manufacturer’s name or brand name. Therefore, the manufacturer’s name or brand name must be recorded either within the DSMT or within the document containing information as to the number and size of display fireworks inside any one packaged display segment or packaged display.ATF recommends that fireworks industry members maintain the required information—the number, size, and manufacturer’s name or brand name of the display fireworks (inside packaged displays)—on a separate document that can be provided to ATF on a timely basis. This will assist ATF in the event of an explosives theft or loss and help facilitate the ATF explosives inspection.
Not later than the close of the next business day, each licensee and permittee shall record in the DSMT by manufacturer’s name or brand name the total quantity received in and removed from each magazine during the day and the total remaining on hand at the end of the day. No entries are required on days when there is no explosives movement to or from the magazine.DSMT records must either be kept at each magazine or at one central location on the business premises, provided a separate record of daily transactions is maintained for each magazine.[27 CFR 555.127]
(b) Each manufacturer, importer, and maker shall register each firearm he manufactures, imports, or makes in the manner prescribed by this part. Each firearm transferred shall be registered to the transferee by the transferor in the manner prescribed by this part. No firearm may be registered by a person unlawfully in possession of the firearm except during an amnesty period established under section 207 of the Gun Control Act of 1968 (82 Stat. 1235).
No. The National Firearms Act (NFA) permits only manufacturers, makers, importers, and certain governmental entities to register firearms.[26 U.S.C. 5841(b) and 5861(d); 27 CFR 479.101(b) and 479.104]
If more than one business taxable under 26 U.S.C. 5801, is carried on at the same location during a taxable year, the special (occupational) tax imposed on each such business must be paid. This section does not require a qualified manufacturer or importer to qualify as a dealer if such manufacturer or importer also engages in business on his qualified premises as a dealer. However, a qualified manufacturer who engages in business as an importer must also qualify as an importer. Further, a qualif..
Yes. A separate special (occupational) tax payment must be made for each of these activities. However, Class 1 (importer) and Class 2 (manufacturer) special (occupational) taxpayers are qualified to deal in NFA firearms without also having to pay special (occupational) tax as a Class 3 dealer.
(a) A licensed importer, licensed manufacturer, or licensed dealer shall not sell or otherwise dispose, temporarily or permanently, of any firearm to any person, other than another licensee, unless the licensee records the transaction on a firearms transaction record, Form 4473:
Provided,
That a firearms transaction record, Form 4473, shall not be required to record the disposition made of a firearm delivered to a licensee for the sole purpose of repair o..
(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)]
(a) Except for adjustment or repair of a firearm that is returned to the person from whom it was received on the same day, each licensed importer shall record the name of the importer and manufacturer, type, model, caliber or gauge, country or countries of manufacture (if imported), and serial number (including any associated license number either as a prefix, or if remanufactured or imported, separated by a semicolon) of each firearm imported or otherwise acquired (including a frame or receiver..
Dealer AcquisitionsGenerally, for licensed dealers the purchase or other acquisition of a firearm shall be recorded not later than the close of the next business day after the date of the acquisition or purchase.However, if commercial records containing the required information are available for inspection and are separate from other commercial documents, dealers have 7 days from the time of receipt to record the receipt in the acquisition and disposition (A&D) record.Manufacturer AcquisitionsEach licensed manufacturer shall record each firearm manufactured or otherwise acquired not later than the 7th day following the date of such manufacture or other acquisition.Importer AcquisitionsEach licensed importer shall within 15 days of the date of importation or other acquisition record the required information of each firearm imported or otherwise acquired.DispositionsAll licensees shall record sales or other dispositions not later than 7 days following date of the transaction. If a disposition is made before the acquisition has been entered in the A&D record, the acquisition entry must be made at the same time as the disposition entry.[18 U.S.C. 923(g)(1)(A); 27 CFR 478.122, 123, and 125]
(b) A licensed importer, licensed manufacturer, or licensed dealer may sell a firearm that is not subject to the provisions of § 478.102(a) to a nonlicensee who does not appear in person at the licensee's business premises if the nonlicensee is a resident of the same State in which the licensee's business premises are located, and the nonlicensee furnishes to the licensee the firearms transaction record, Form 4473, required by § 478.124. The nonlicensee shall attach to such record a true copy of..
(c) This section shall not be construed as requiring licensees to obtain authorization to transport destructive devices, machine guns, short-barreled shotguns, and short-barreled rifles in interstate or foreign commerce:
Provided,
That in the case of a licensed importer, licensed manufacturer, or licensed dealer, such a licensee is qualified under the National Firearms Act (see also Part 479 of this chapter) and this part to engage in the business with r..
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]
(2) A licensed importer, manufacturer, or dealer may engage in the business of dealing in curio or relic firearms with another licensee at any location.
Generally, a licensed manufacturer, importer or dealer may sell firearms temporarily at a qualifying gun show or event located within his or her state of licensure. Licensees may, however, sell curio or relic firearms to another licensee at any location.[18 U.S.C. 923(j), 27 CFR 478.100]
(1) The assembly of such rifle or shotgun for sale or distribution by a licensed manufacturer to the United States or any department or agency thereof or to any State or any department, agency, or political subdivision thereof; or
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]
(b)
Each place of business taxable.
An importer, manufacturer, or dealer in firearms incurs special tax liability at each place of business where an occupation subject to special tax is conducted. A place of business means the entire office, plant or area of the business in any one location under the same proprietorship. Passageways, streets, highways, rail crossings, waterways, or partitions dividing the premises are not sufficient separation to require..
These taxes must be paid in full on first engaging in business and thereafter on or before the first day of July. The current taxes are set out in the following table:Special (Occupational) Tax Rates Under the NFACLASS OF TAXPAYERANNUAL FEE1 — Importer of Firearms (Including “Any Other Weapon”)$10002 — Manufacturer of Firearms (Including “Any Other Weapon”)$10003 — Dealer of Firearms (Including “Any Other Weapon”)$5001 — Importer of Firearms (Including “Any Other Weapon”) REDUCED*$5002 — Manufacturer of Firearms (Including “Any Other Weapon”) REDUCED*$500* REDUCED = Rates which apply to certain taxpayers whose total gross receipts in the last taxable year are less than $500,000.RegistrationFederal firearms licensees (FFLs) engaging in this business should submit ATF Form 5630.7, Special Tax Registration and Return, prior to July 1 each tax year. As of October 1, 2025, the form can be completed and submitted with taxes paid entirely through the ATF eForms system. Payment of the special (occupational) tax (SOT) can also be made through Pay.gov (see instructions HERE) with the completed form submitted by email or mail.Annual renewal notices are no longer sent to each FFL/SOT payer. The NFA Division has a customer service goal to process the returns within 30 days of receiving a properly completed return.ExemptionsA licensed manufacturer under contract to make NFA firearms for the U.S. Government may be granted an exemption from payment of the special (occupational) tax as a manufacturer of NFA firearms and an exemption from all other NFA provisions (except importation) with respect to the weapons made to fulfill the contract.Exemptions are obtained by writing the NFA Division at the address below, stating the contract number(s) and the anticipated date of termination. This exemption must be renewed each year prior to July 1.National Firearms Act (NFA) DivisionBureau of Alcohol, Tobacco, Firearms and Explosives244 Needy RoadMartinsburg, WV 25405Phone: (304) 616-4500[26 U.S.C. 5801; 27 CFR 479.31, 479.32, 479.32a and 479.33]
(2) A licensed importer, licensed manufacturer or a licensed dealer may distribute explosive materials to a holder of a limited permit if such permittee is a resident of the same State in which the licensee's business premises are located, the holder of the limited permit presents in person or by mail ATF Form 5400.4, Limited Permittee Transaction Report (LPTR), and the licensee completes Form 5400.4 in accordance with § 555.126(b). In no event will a licensee distribute explosive materials to a..
No. Every person who receives explosive materials must first obtain a federal explosives license or permit. Distribution of explosive materials to persons who do not hold a license or permit is unlawful. Also, see 18 U.S.C. 845 and 27 CFR 555.141 for exemptions.[18 U.S.C. 842(a), 842(b); 27 CFR 555.26(a), 555.106]
(a) In general. A permit issued under this part does not authorize the permittee to engage in the business of manufacturing, importing, or dealing in explosive materials. Accordingly, if a permittee's operations bring him within the definition of manufacturer, importer, or dealer under this part, he shall qualify for the appropriate license.
Until the compounds are mixed, they are not classified as explosives and, therefore, are not subject to control. However, once mixed, binary explosives are "explosive materials" and are subject to all applicable federal requirements.A person who mixes or combines compounds of binary explosives for the purpose of sale or distribution or for the person’s own business use is a "manufacturer" of explosive materials and must be licensed as a manufacturer under the law.[18 U.S.C. 841(h); 27 CFR 555.11: definition of "manufacturer"]
The Director shall determine in accordance with 18 U.S.C. 921(a)(4) whether a device is excluded from the definition of a destructive device. A person who desires to obtain a determination under that provision of law for any device which he believes is not likely to be used as a weapon shall submit a written request, in triplicate, for a ruling thereon to the Director. Each such request shall be executed under the penalties of perjury and contain a complete and accurate description of the device..
Generally, no. Muzzleloading cannons manufactured in or before 1898 (and replicas thereof) that are not capable of firing fixed ammunition are considered antiques and not subject to the provisions of either the Gun Control Act (GCA) or National Firearms Act (NFA).[26 U.S.C. 5845; 27 CFR 479.11]
Dealer.
Any person, not a manufacturer or importer, engaged in the business of selling, renting, leasing, or loaning firearms and shall include pawnbrokers who accept firearms as collateral for loans.
The terms “firearm silencer” and “firearm muffler” mean any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication.Numerous paintball and airgun silencers tested by ATF’s Firearms Technology Branch have been determined to be firearm silencers by nature of their design and function. Because silencers are NFA weapons, an individual wishing to manufacture or transfer such a silencer must receive prior approval from ATF and pay the required tax.[26 U.S.C. 5845; 27 CFR 479.11]
A manufacturer qualified under this part to engage in such business may make firearms without payment of the making tax. However, such manufacturer shall report and register each firearm made in the manner prescribed by this part.
(a)
General.
Effective January 1, 1988, 26 U.S.C. 5801(b) provides for a reduced rate of special tax with respect to any importer or manufacturer whose gross receipts (for the most recent taxable year ending before the first day of the taxable period to which the special tax imposed by § 479.32 relates) are less than $500,000. The rate of tax for such an importer or manufacturer is $500 per year or fraction thereof. The “taxable year” to be used for dete..
(a) Each licensed manufacturer shall take true and accurate physical inventories which will include all explosive materials on hand required to be accounted for in the records kept under this part. The licensed manufacturer shall take a special inventory
Each manufacturer qualified under this part shall file with the Director an accurate notice on Form 2 (Firearms), Notice of Firearms Manufactured or Imported, executed under the penalties of perjury, to show his manufacture of firearms. The notice shall set forth the name and address of the manufacturer, identify his special (occupational) tax stamp and Federal firearms license, and show the date of manufacture, the type, model, length of barrel, overall length, caliber, gauge or size, serial nu..
The provisions of §§ 478.37 and 478.99(d) with respect to the manufacture or importation of armor piercing ammunition and the sale or delivery of armor piercing ammunition by manufacturers and importers shall not apply to the manufacture, importation, sale or delivery of armor piercing ammunition for the purpose of testing or experimentation as authorized by the Director. A person desiring such authorization to receive armor piercing ammunition shall submit a letter application, in duplicate, to..
Where, after payment of tax by the manufacturer, a firearm is exported, and satisfactory proof of exportation (see § 479.118) is furnished, a claim for refund may be submitted on Form 843 (see § 479.172). If the manufacturer waives all claim for the amount to be refunded, the refund shall be made to the exporter. A claim for refund by an exporter of tax paid by a manufacturer should be accompanied by waiver of the manufacturer and proof of tax payment by the latter.
No person shall knowingly transport, ship, or receive in interstate or foreign commerce any firearm which has had the importer's or manufacturer's serial number removed, obliterated, or altered, or possess or receive any firearm which has had the importer's or manufacturer's serial number removed, obliterated, or altered and has, at any time, been shipped or transported in interstate or foreign commerce.
A person not otherwise prohibited by Federal, State or local law may ship a firearm to a licensed importer, licensed manufacturer, or licensed dealer for any lawful purpose, and, notwithstanding any other provision of this part, the licensed manufacturer, licensed importer, or licensed dealer may return in interstate or foreign commerce to that person the firearm or a replacement firearm of the same kind and type. See § 478.124(a) for requirements of a Form 4473 prior to return. A person not oth..
For the purposes of this part, each manufacturer, importer, and dealer in firearms shall keep and maintain such records regarding the manufacture, importation, acquisition (whether by making, transfer, or otherwise), receipt, and disposition of firearms as are prescribed, and in the manner and place required, by part 478 of this chapter. In addition, each manufacturer, importer, and dealer shall maintain, in chronological order, at his place of business a separate record consisting of the docume..
Any ATF officer or employee of the Bureau of Alcohol, Tobacco, Firearms, and Explosives duly authorized to perform any function relating to the administration or enforcement of this part may enter during business hours the premises (including places of storage) of any importer or manufacturer of or dealer in firearms, to examine any books, papers, or records required to be kept pursuant to this part, and any firearms kept by such importer, manufacturer or dealer on such premises, and may require..
Exportation of explosive materials is to be in accordance with the applicable provisions of section 38 of the Arms Export Control Act (22 U.S.C. 2778) and implementing regulations. However, a licensed importer, licensed manufacturer, or licensed dealer exporting explosive materials shall maintain records showing the manufacture or acquisition of explosive materials as required by this part and records showing the quantity, the manufacturer's name or brand name of explosive materials, the name an..
(a) Notwithstanding any other provision of this subpart, a licensed manufacturer, licensed importer, or licensed dealer is not required to comply with the provisions of § 478.102 or record on a firearms transaction record, Form 4473,
the sale or other disposition of a firearm maintained as part of the licensee's personal firearms collection:
Provided,
That
(a) Each licensed importer, manufacturer, dealer, or collector who delivers a handgun to a nonlicensee shall provide such nonlicensee with written notification as described in paragraph (b) of this section.
(a) Except as provided in paragraph (b), any ATF officer, when there is reasonable cause to believe a violation of the Act has occurred and that evidence of the violation may be found on the premises of any licensed manufacturer, licensed importer, licensed dealer, or licensed collector, may, upon demonstrating such cause before a Federal magistrate and obtaining from the magistrate a warrant authorizing entry, enter during business hours (or, in the case of a licensed collector, the hours of op..
(a) Any person who applies to be a licensed firearms dealer must certify on ATF Form 7 (5310.12), Application for Federal Firearms License, that compatible secure gun storage or safety devices will be available at any place where firearms are sold under the license to nonlicensed individuals (subject to the exception that in any case in which a secure gun storage or safety device is temporarily unavailable because of theft, casualty, loss, consumer sales, backorders from a manufacturer, or any o..
(b) Any person other than a licensed manufacturer, licensed importer, licensed dealer, or licensed collector who knowingly makes any false statement or representation with respect to any information required by the provisions of the Act or this part to be kept in the records of a person licensed under the Act or this part shall be fined not more than $5,000 or imprisoned not more than 5 years, or both.
(c) The shipment, unless otherwise prohibited by the Act or any other Federal law, by a licensed importer, licensed manufacturer, or licensed dealer to a member of the U.S. Armed Forces on active duty outside the United States or to clubs, recognized by the Department of Defense, whose entire membership is composed of such members of the U.S. Armed Forces, and such members or clubs may receive a firearm or ammunition determined by the Director to be generally recognized as particularly suitable ..
No person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, shall
transport into or receive in the State where the person resides (or if a corporation or other business entity, where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State:
Provided,
That the provisions of this section:
A licensed importer, licensed manufacturer, licensed dealer, or licensed collector who is indicted for a crime punishable by imprisonment for a term exceeding 1 year may, notwithstanding any other provision of the Act, continue operations pursuant to his existing license during the term of such indictment and until any conviction pursuant to the indictment becomes final:
Provided,
That if the term of the license expires during the period between the date..
(1) Any person who intends to engage in business as a firearms or ammunition importer or manufacturer, or firearms dealer, or who has not previously been licensed under the provisions of this part to so engage in business, or who has not timely submitted an application for renewal of the previous license issued under this part, must file an application for license, ATF Form 7 (Firearms), in duplicate, with ATF in accordance with the instructions on the form. The application must:
(d) A licensed importer, manufacturer, or dealer may engage in the business of dealing in curio or relic firearms with another licensee at any location pursuant to the provisions of § 478.100.
A licensed importer, licensed manufacturer, or licensed dealer selling or otherwise disposing of firearms, and a licensed collector selling or otherwise disposing of curios or relics, to another licensee shall verify the identity and licensed status of the transferee prior to making the transaction. Verification shall be established by the transferee furnishing to the transferor a certified copy of the transferee's license and by such other means as the transferor deems necessary: Provided, That..
The evidence specified in § 478.40(c), relating to transactions in semiautomatic assault weapons, shall be retained in the permanent records of the manufacturer or dealer and in the records of the licensee to whom the weapons are transferred.
The provisions of this part shall not be construed as prohibiting a licensed importer, licensed manufacturer, or licensed dealer from depositing a firearm for conveyance in the mails to any officer, employee, agent, or watchman who, pursuant to the provisions of section 1715 of title 18, U.S.C., is eligible to receive through the mails pistols, revolvers, and other firearms capable of being concealed on the person, for use in connection with his official duties.
(1) A licensed importer, licensed manufacturer, or licensed dealer whose sale, delivery, or transfer of a firearm is made pursuant to the alternative provisions of § 478.102(d) and is not subject to the NICS check prescribed by § 478.102(a) shall maintain the records required by paragraph (a) of this section.
(a) No person shall knowingly deliver or cause to be delivered to any common or contract carrier for transportation or shipment in interstate or foreign commerce to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, any package or other container in which there is any firearm or ammunition without written notice to the carrier that such firearm or ammunition is being transported or shipped:
Provided,
..
No person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, who does not reside in any State shall receive any firearms unless such receipt is for lawful sporting purposes.
(a)
Identification required.
Except as otherwise provided in this section, you, as a manufacturer, importer, or maker of a firearm, must legibly identify the firearm as follows:
(a) A firearm registered to a person qualified under this part to engage in business as an importer, manufacturer, or dealer may be transferred by that person without payment of the transfer tax to any other person qualified under this part to manufacture, import, or deal in firearms.
||Per year or fraction thereof|
|---|---|
|Class 1—Importer of firearms (including an importer only of weapons classified as “any other weapon”)|$1,000|
|Class 2—Manufacturer of firearms (including a manufacturer only of weapons classified as “any other weapon”)|1,000|
|Class 3—Dealer in firearms (including a dealer only of weapons classified as “any other weapon”)|500|
(a) Name and address of the person in whose name the firearm is registered, (b) kind of firearm, (c) serial number, (d) model, (e) caliber, (f) manufacturer of the firearm, (g) date and place of theft or loss, and (h) complete statement of facts and circumstances surrounding such theft or loss.
(b) If the applicant is not a licensed manufacturer, importer, or dealer qualified under this part and is a partnership, company (including a Limited Liability Company (LLC)), association, trust, or corporation, the applicant shall:
(b) If the transferee is not a licensed manufacturer, importer, or dealer qualified under this part and is a partnership, company, association, trust, or corporation, such person shall:
A person shall pay the special (occupational) tax for each location where he engages in any business taxable under 26 U.S.C. 5801. However, a person paying a special (occupational) tax covering his principal place of business may utilize other locations solely for storage of firearms without incurring special (occupational) tax liability at such locations. A manufacturer, upon the single payment of the appropriate special (occupational) tax, may sell firearms, if such firearms are of his own man..
(i) A licensed importer, licensed manufacturer or licensed dealer selling or otherwise distributing explosive materials (or a holder of a user permit disposing of surplus stock to a licensee; a holder of a user permit; or a holder of a limited permit who is within the same State as the distributor) who has the certified information required by this section may sell or distribute explosive materials to a licensee or permittee for not more than 45 days following the expiration date of the distribu..
(a) A complete and accurate statement of process with regard to any plastic explosive or to any detection agent that is to be introduced into a plastic explosive or formulated in such plastic explosive shall be submitted by a licensed manufacturer or licensed importer, upon request, to the Director.
Magazines are to be kept clean, dry, and free of grit, paper, empty packages and containers, and rubbish. Floors are to be regularly swept. Brooms and other utensils used in the cleaning and maintenance of magazines must have no spark-producing metal parts, and may be kept in magazines. Floors stained by leakage from explosive materials are to be cleaned according to instructions of the explosives manufacturer. When any explosive material has deteriorated it is to be destroyed in accordance with..
(3) All types of blasting caps in strengths through No. 8 cap should be rated at 11/2 lbs. (1.5 lbs.) of explosives per 1,000 caps. For strengths higher than No. 8 cap, consult the manufacturer.
Any licensed importer, licensed manufacturer, licensed dealer, or permittee who knowingly makes any false entry in any record required to be kept under subpart G of this part, shall be fined not more than $10,000 or imprisoned not more than 10 years, or both.
(1) License. Any person who intends to engage in the business as an importer of, manufacturer of, or dealer in explosive materials, or who has not timely submitted an application for renewal of a previous license issued under this part, must file an application for License, Explosives, ATF F 5400.13, with ATF in accordance with the instructions on the form. ATF Form 5400.13 may be obtained by contacting any ATF office. The application must:
(a) Holding a permit issued pursuant to Chapter 52 of the Internal Revenue Code of 1954 as a manufacturer of tobacco products or as an export warehouse proprietor;
(d)
Multi-piece frame or receiver.
The term "multi-piece frame or receiver" shall mean a frame or receiver that may be disassembled into multiple modular subparts,
i.e.,
standardized units that may be replaced or exchanged. The term shall not include the internal frame of a pistol that is a complete removable chassis that provides housing for the energized component, unless the chassis itself may be disasse..
(a)
Basis for action.
Whenever the Director has reason to believe that a licensee has willfully violated any provision of the Act or this part, a notice of revocation of the license, ATF Form 4500, may be issued. In addition, a notice of revocation of the license, on ATF Form 4500, may be issued whenever the Director has reason to believe that a licensee fails to have secure gun storage or safety devices available at any place in which firearms are sold ..
The Director may exempt certain armor piercing ammunition from the requirements of this part. A person who desires to obtain an exemption under this section for any such ammunition which is primarily intended for sporting purposes or intended for industrial purposes, including charges used in oil and gas well perforating devices, shall submit a written request to the Director. Each request shall be executed under the penalties of perjury and contain a complete and accurate description of the amm..
(a)
General.
Except as otherwise provided in this subpart, no firearm may be transferred in the United States unless an application, Form 4 (5320.4), Application for Tax Paid Transfer and Registration of Firearm, in duplicate, executed under the penalties of perjury, to transfer the firearm and register it to the transferee has been filed with and approved by the Director. The application shall be filed by the transferor. If the transferee is not..
(b) The exemption provided in paragraph (a) of this section shall be obtained by the transferor of the firearm filing with the Director an application, Form 5 (Firearms), Application for Tax-exempt Transfer and Registration of Firearm, in duplicate, executed under the penalties of perjury. The application shall (1) show the name and address of the transferor and of the transferee, (2) identify the Federal firearms license and special (occupational) tax stamp, if any, of the transferor and of the..
The Director shall determine in accordance with 26 U.S.C. 5845(f), whether a device is excluded from the definition of a destructive device. A person who desires to obtain a determination under that provision of law for any device which he believes is not likely to be used as a weapon shall submit a written request, in triplicate, for a ruling thereon to the Director. Each such request shall be executed under the penalties of perjury and contain a complete and accurate description of the device,..
The Director may exempt certain explosive actuated devices, explosive actuated tools, or similar devices from the requirements of this part. A person who desires to obtain an exemption under this section for any special explosive device, which as designed does not constitute a public safety or security hazard, shall submit a written request to the Director. Each request shall be executed under the penalties of perjury and contain a complete and accurate description of the device, the name and ad..
All persons, other than an agency of the United States (including any military reserve component) or the National Guard of any State, possessing any plastic explosive on April 24, 1996, shall submit a report to the Director no later than August 22, 1996. The report shall be in writing and mailed by certified mail (return receipt requested) to the Director at P.O. Box 50204, Washington, DC 20091-0204. The report shall include the quantity of plastic explosives possessed on April 24, 1996; any mar..