Crime punishable by imprisonment for a term exceeding 1 year.
Any Federal, State or foreign offense for which the maximum penalty, whether or not imposed, is capital punishment or imprisonment in excess of 1 year. The term shall not include (a) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices or (b) any State offense classified by the laws ..
No. A federal firearms licensee (FFL) may not scan an identification document for the purpose of auto-populating information on the Form 4473.Information scanned, read, or otherwise gathered from a driver’s license or other identification document, as defined by 27 CFR 478.11, for use in the transfer of a firearm by an FFL may not be electronically populated onto a Form 4473.In addition, each transferee must personally complete a new ATF Form 4473 each time the transferee attempts to acquire a firearm. See ATF Ruling 2016-2, conditions 3, 4 and 11.[27 CFR 478.11 and 478.124(c)(1)]
An alien admitted to the United States under a nonimmigrant visa is prohibited from shipping, transporting, receiving, or possessing a firearm or ammunition unless the alien falls within one of the exceptions provided in 18 U.S.C. 922(y)(2), such as: a valid hunting license or permit, admitted for lawful hunting or sporting purposes, certain official representatives of a foreign government, or a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business.[18 U.S.C. 922(g)(5)(B) and 922(y)(2); 27 CFR 478.11 and 478.32]
No. Because antique firearms are not considered firearms for purposes of the Gun Control Act (GCA), none of the import regulations apply to the importation of antique firearms. Moreover, a nonimmigrant alien may possess antique firearms, even if the alien does not fall within an exception to the nonimmigrant alien prohibition.[18 U.S.C. 921(a)(3) and (a)(16); 27 CFR 478.11]
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)]
Because black powder firearms are considered antique firearms, the possession of a black powder firearm by a person subject to federal firearms disabilities is not prohibited by the GCA. However, a person subject to federal firearms disabilities may not receive and/or possess black powder firearms that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof which are classified as "firearms." Additionally, state law may prohibit the possession of a black powder firearm by persons who are not federally prohibited from possessing them. Please contact your state's Attorney General’s Office for information regarding black powder firearms.[18 U.S.C. 921(a)(3) and (16); 27 CFR 478.11 and 478.141(d)]
Persons convicted of a disabling offense may seek to have their firearms rights restored by means other than a federal relief from firearms disabilities pursuant to 18 U.S.C. § 925(c). Other means of restoring firearms rights include:A person convicted of a federal offense may apply for a presidential pardon. 28 CFR Part I specifies the rules governing petitions for obtaining presidential pardons. You may contact the Pardon Attorney’s Office at the U.S. Department of Justice to inquire about the procedures for obtaining a presidential pardon. A person convicted of a state offense may contact the State Attorney General’s Office in the state of their conviction for information concerning the availability of expungements, set asides, pardons and civil rights restoration.Any pardon, expungement, set aside, or restoration of civil rights must completely remove the effects of a prior conviction, including any restrictions on the shipment, transportation, receipt, and possession of firearms, for firearms rights under federal law to be restored.
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]
If a person maintains a home in two states and resides in both states for certain periods of the year, they may, during the period of time they actually reside in a particular state, purchase a firearm in that state. However, simply owning property in another state does not alone qualify the person to purchase a firearm in that state.[27 CFR 478.11]
No. Although generally the Gun Control Act (GCA) prohibits the receipt and possession of firearms and ammunition by persons subject to disqualifying restraining orders, the GCA does not prohibit a law enforcement officer subject to a restraining order from receiving or possessing firearms or ammunition for use in performing official duties. Possession of the firearm for official purposes while off duty would be lawful if such possession is required or authorized by law or by official departmental policy. An officer subject to a disabling restraining order would violate the law if the officer received or possessed a firearm or ammunition for other than official use.[18 U.S.C. 921(a)(32), 922(g)(8) and 925(a)(1); 27 CFR 478.11, 478.32 and 478.141]
The law of the jurisdiction determines whether a conviction has occurred. Therefore, if the law of the jurisdiction does not consider the person to be convicted, they would not have the federal disability.[18 U.S.C. 921(a)(33); 27 CFR 478.11]
Yes. A person conducting such activities as a business is considered to be a gunsmith within the definition of a dealer.[18 U.S.C. 921(a)(11) and (21); 27 CFR 478.11]
No, as long as the pardon, expungement or restoration does not expressly provide that the person may not ship, transport, possess or receive firearms. A restoration of civil rights, however, is only effective to remove the federal firearms disability if the law of the jurisdiction provides for the loss of civil rights for a conviction of such a misdemeanor.[18 U.S.C. 921(a)(33); 27 CFR 478.11]
For Gun Control Act (GCA) purposes, a person is a resident of a state in which he or she is present with the intention of making a home in that state. The state of residence for a corporation or other business entity is the state where it maintains a place of business.A member of the Armed Forces on active duty is a resident of the state in which his or her or her permanent duty station is located. If a member of the Armed Forces maintains a home in one state and the member’s permanent duty station is in a nearby state to which they commute each day, then the member has two states of residence and may purchase a firearm in either the state where the duty station is located or the state where the home is maintained.[18 U.S.C. 921(b), 922(a)(3), and 922(b)(3); 27 CFR 478.11]
A “misdemeanor crime of domestic violence” is an offense that:Is a misdemeanor under federal, state, or tribal law;Has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon; andWas committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, by a person similarly situated to a spouse, parent, or guardian of the victim, or by a person who has a current or recent former dating relationship with the victim.The term “dating relationship” means a relationship between individuals who have or have recently had a continuing serious relationship of a romantic or intimate nature.Whether a relationship constitutes a “dating relationship” shall be determined based on consideration of:the length of the relationship;the nature of the relationship; andthe frequency and type of interaction between the individuals involved in the relationship.A casual acquaintanceship or ordinary fraternization in a business or social context does not constitute a “dating relationship.”However, a person is not considered to have been convicted of a misdemeanor crime of domestic violence unless:The person was represented by counsel in the case, or knowingly and intelligently waived the right of counsel in the case; andIn the case of a prosecution for which a person was entitled to a jury case was tried, either –The case was tried by a jury, orThe person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise.In addition, a conviction would not be disabling if it has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the jurisdiction in which the proceedings were held provides for the loss of civil rights upon conviction for such an offense) unless the pardon, expunction, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms, and the person is not otherwise prohibited by the law of the jurisdiction in which the proceedings were held from receiving or possessing firearms.In the case of a person who has been convicted of a misdemeanor crime of domestic violence against an individual in a dating relationship; a conviction would not be disabling if it has been expunged or set aside, or is an offense for which the person has been pardoned or has had firearms rights restored unless the expungement, pardon, or restoration of rights expressly provides that the person may not ship, transport, possess, or receive firearms. If the person has no more than one such conviction, and is not otherwise prohibited, the person shall not be disqualified from shipping, transport, possession, receipt, or purchase of a firearm if 5 years have elapsed from the later of the judgment of conviction or the completion of the person's custodial or supervisory sentence, if any, and the person has not subsequently been convicted of another such offense, a misdemeanor under Federal, State, Tribal, or local law which has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, or any other offense that would disqualify the person. NICS shall be updated to reflect the status of the person Restoration after 5 years, as described above, is not available for a current or former spouse, parent, or guardian of the victim, a person with whom the victim shares a child in common, a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or a person similarly situated to a spouse, parent, or guardian of the victim.[18 U.S.C. 921(a)(33); 18 U.S.C. 921(a)(37); 27 CFR 478.11]
(1) If the Director receives from a licensee or permittee the names and appropriate identifying information of responsible persons and employees who will be authorized by the employer to possess explosive materials in the course of employment with the employer, the Director will conduct a background check in accordance with this section.
ATF will investigate any applicant before issuing a license or permit. Additionally, ATF must inspect places of storage and conduct background checks on responsible persons and employee possessors authorized to possess explosives. If employers wish to require their own background checks as a condition of employment, they may do so. However, such a background check will not be accepted in place of the ATF background check. [18 U.S.C. 843(b); 18 U.S.C. 843(h); 27 CFR 555.33, 27 CFR 555.49(b)]
If an individual does not pass the background check, a letter will be sent to the licensee or permittee who submitted the individual’s name indicating that the individual was denied. A letter will also be sent to that individual explaining the prohibition and outlining appeal and relief procedures, as may be applicable. Unless and until an appeal overturns the denial or relief from disabilities is granted, that individual may not lawfully possess explosives. [27 CFR 555.33]
Yes. A "Notification of Clearance" will be issued directly to all license or permit holders advising whether their responsible persons and employee possessors have been cleared to possess explosive materials, or are or may be prohibited from possessing explosives. These notices must be retained as part of the license or permit holders permanent records. In addition, letters of clearance or denial will be issued directly to responsible persons and employee possessors. [27 CFR 555.33]
The law requires this information for ATF to conduct background checks on all responsible persons and employee possessors to restrict the availability of explosives to authorized persons only and to reduce the risk of prohibited persons acquiring explosive materials. [18 U.S.C. 843(h); 27 CFR 555.33, 555.45(c)]
ATF will investigate any applicant before issuing a license or permit. Additionally, ATF must inspect places of storage and conduct background checks on responsible persons and employee possessors authorized to possess explosives. [18 U.S.C. 843(b); 18 U.S.C. 843(h); 27 CFR 555.33, 27 CFR 555.49(b)]
Appeals Process — If upon receiving a denial letter from ATF you believe that you are not prohibited from possessing explosives (due to reasons such as identity theft, the dismissal of criminal charges, or other reasons), you may appeal your denial by supplying a written statement, new fingerprint cards, and any supporting documentation that you may have which demonstrates that you are not prohibited. ATF will consider all appeal documents submitted and send the fingerprint cards to the FBI for processing. A determination will be made as to whether the denial should be overturned and you will be notified of the outcome. You will remain in a denied status while your appeal is pending. Explosives Relief of Disabilities Process – If your denial is upheld, you may apply for relief from your federal explosives disability by sending ATF a Form 5400.29, Application for Restoration of Explosives Privileges along with the required additional information specified in the application. Your application will be coordinated by ATF personnel in the Explosives Relief of Disability (EROD) Program. An investigation will then be conducted, to include, but not limited to, interviews and review of court documents and other information. ATF will notify you in writing of its decision. You may contact the EROD Program by email at EROD@atf.gov or phone at (256) 261-7640.
(1) Prior to making an over-the-counter transfer of a firearm to a non-licensee who is a resident of the State in which the licensee's business premises is located, the licensed importer, licensed manufacturer, or licensed dealer so transferring the firearm shall obtain a Form 4473 from the transferee showing the transferee's name, sex, residence address (including county or similar political subdivision and whether they reside within city limits), and date and place of birth; the height, weight..
If the buyer or transferee is unable to read and/or write, the answers (other than the signature) may be written on the form by another person, excluding the seller. Two persons not directly involved in the firearms transaction (excluding, for example, the licensee and employees of the licensee) must sign as witnesses to the buyer’s answers and signature.[27 CFR 478.21]
Title 18, United States Code (U.S.C.), section 923(g)(1)(A) provides authority for ATF to require such records, and 27 CFR § 478.124 implements that authority, including a requirement that the Form 4473 include information about the purchaser’s race.Additionally, regulations at 28 CFR § 25.7 prescribe the search criteria used by the National Instant Criminal Background Check System (NICS) and states: "The following search descriptors will be required in all queries of the system for purposes of a background check: (1) Name; (2) Sex; (3) Race; (4) Complete date of birth; and (5) State of residence." This information is needed to facilitate proper identification by providing additional information that helps match -- or rule out a match -- between an individual and a potentially prohibiting record.
Assuming the transfer otherwise complies with federal and state law, a licensee may transfer a firearm to a nonlicensed person who does not appear in person at the licensed premises only when a background check is not required to transfer the firearm, and both reside in the same state.For example, a licensee may ship firearms to residents within the same state as the licensee where the transferee has a valid permit that has been recognized as an alternative to NICS where the licensee complies with the procedures set forth in 18 U.S.C. 922(c), 27 CFR 478.96(b) and ATF Procedure 2013–2.In any transaction where a NICS check is required, the firearm must be sold over–the–counter.[18 U.S.C. 922(c) and 922(t); 27 CFR 478.96 and 478.124; ATF Procedure 2013–2]
Licensees must keep each ATF Form 4473 for which a NICS check has been initiated, regardless of whether the firearm was transferred.When a firearms transfer occurs, Licensees shall retain each Form 4473 until the business or licensed activity is discontinued, either on paper, or in an electronic alternate method approved by the Director, at the business premises readily accessible for inspection under this part.If a firearms transfer is not made, the FFL must also retain each Form 4473 until business or licensed activity is discontinued. Forms 4473 for transfers that did not take place must be maintained separately from forms where a transfer occurred, either on paper, or in an electronic alternate method approved by the Director, at the business premises readily accessible for inspection under this part.An ATF 4473 is subject to retention by the FFL at the time when the transferee personally places the transferee’s/buyer’s name on that form as the intended transferee/buyer of the firearms identified in Section A.[27 CFR 478.129(b)]
A licensee who receives a firearm for repair or customizing, and who returns a replacement firearm, must record the disposition in the licensee’s acquisition and disposition record. However, no ATF Form 4473 is required if the replacement firearm is returned to the same person from whom the licensee received the firearm being replaced. The replacement firearm must be of the same kind and type.[18 U.S.C. 922(a)(2)(A); 27 CFR 478.124(a) and 478.147]
No. A licensee is required to obtain an ATF Form 4473 from the transferee who must certify that he or she is not prohibited from receiving or possessing a firearm, and whose identity the licensee must verify prior to transfer. A licensee cannot comply with these provisions where a Form 4473 is completed by a person other than the actual transferee.[18 U.S.C. 923(g); 27 CFR 478.124]
When a transaction takes place between unlicensed persons who reside in the same state, the Gun Control Act (GCA) does not require any record keeping. An unlicensed person may sell a firearm to another unlicensed person in their state of residence and, similarly, an unlicensed person may buy a firearm from another unlicensed person who resides in the same state. It is not necessary under federal law for a federal firearms licensee (FFL) to assist in the sale or transfer when the buyer and seller are “same–state” residents.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 regarding any such requirements.
No, if the firearm is being returned to the person from whom it was received. However, if the firearm is delivered to someone other than the person from whom it was received, a NICS background check is required.[18 U.S.C. 922(t); 478.124(a)]
No. However, the “bound book” must reflect the disposition of the firearm from business inventory to personal use. However, if the business is a corporation, and the firearm is being transferred to a corporate officer or director for other than business purposes, then a Form 4473 must be executed. [27 CFR 478.124 and 478.125a]
(2) Those persons found incompetent to stand trial or found not guilty by reason of lack of mental responsibility by any court or pursuant to articles 50a and 76b of the Uniform Code of Military Justice, 10 U.S.C. 850a, 876b.
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)]
Federal explosives laws define a "responsible person" as an individual who has the power to direct the management and policies of the applicant pertaining to explosive materials. Responsible persons generally include sole proprietors and explosives facility site managers. In the case of a corporation, association, or similar organization, responsible persons generally include only those corporate directors/officers, and stockholders, who have the power to direct management and policies as they pertain to explosive materials.For example, a corporate vice president whose duties include acquiring and approving contracts with explosives distributors would be considered a responsible person. Other corporate officials whose duties do not include the power to direct the management and policies of the applicant pertaining to explosive materials, for example, a vice president responsible solely for human resources, would not typically be considered a responsible person. Each applicant for a license or permit must assess the corporate and other management responsibilities for all key personnel and determine whether or not these duties place the individual in the position of being a responsible person. [18 U.S.C. 841(s), 27 CFR 555.11: definition of "responsible person"]
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)]
A limited permit is for persons who wish to transport, ship, cause to be transported, or receive explosive materials in intra-state commerce only. This permit is designed for the infrequent receipt of explosive materials by intrastate users. The limited permit will allow a purchaser to receive explosive materials on no more than six separate occasions from in-state licensees or permittees during the 12-month period of the permit. The limited permit does not allow the holder to transport, ship, cause to be transported, or receive explosive materials in interstate commerce.
Can federal explosives disabilities resulting from a conviction of a crime punishable by imprisonment for a term exceeding one year be removed if the conviction is expunged or set aside or the convicted person has received a pardon for the offense or has had his or her civil rights restored?A person convicted of, or under indictment for, a "crime punishable by imprisonment for a term exceeding one year" may not lawfully receive or possess explosive materials or be issued a federal explosives license or permit.The term "crime punishable by imprisonment for a term exceeding one year" does not include offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or any state offense (other than one involving a firearm or explosive) classified as a misdemeanor and punishable by imprisonment for 2 years or less.There are only 3 means by which federal explosives disabilities resulting from a conviction of, or indictment for, a "crime punishable by imprisonment for a term exceeding one year" can be removed:A decision of a court invalidating a conviction on the basis that the conviction was unconstitutional;In the case of a federal conviction, a presidential pardon; andThe granting of relief from federal explosives disabilities by ATF pursuant to the filing of a relief application with the Director. For more information, visit our webpage Apply for Relief of Explosives Disability.[18 U.S.C. 841(l), 842(d),(i), 845(b); 27 CFR 555.11: definition of "crime punishable by imprisonment for a term exceeding one year", 555.26(c), 555.142]
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.
Yes. Display fireworks include, but are not limited to, salutes containing more than 2 grains (130 mg) of flash powder, aerial shells containing more than 40 grams of pyrotechnic compositions (excluding the lift charge), and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks". These fireworks are classified as fireworks UN0333, UN0334, or UN0335 by regulations of the U.S. Department of Transportation at 49 CFR 172.101. Display fireworks also include fused set pieces containing components which together exceed 50 mg of salute powder. Any fireworks defined as “display fireworks” in 27 CFR 555.11 may be lawfully received or transported only by persons who hold a valid license or permit. No ATF license or permit is required to receive or transport “consumer fireworks” or “articles pyrotechnic”.[18 U.S.C. 842(a)(3); 27 CFR 555.26, 555.141(a)(7); 27 CFR 555.11: definition of "display fireworks"]
(a) No person may ship or transport any firearm or ammunition in interstate or foreign commerce, or receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce, or possess any firearm or ammunition in or affecting commerce, who:
No. A valid, unexpired hunting license or permit from any state within the United States satisfies the hunting license exception to the nonimmigrant alien prohibition. The hunting license or permit does not have to be from the state where the nonimmigrant alien is purchasing the firearm.
A licensee may not allow an individual who is a prohibited person to receive or possess firearms or ammunition, including persons employed by the licensee.[18 U.S.C. 922(g) or (n), and 2]
No. A nonimmigrant alien who is lawfully admitted to the United States without a visa (e.g. Visa Waiver Program), may acquire or possess a firearm in the United States.
An alien legally in the U.S. is not prohibited from purchasing firearms unless the alien is admitted into the U.S. under a nonimmigrant visa and does not meet one of the exceptions as provided in 18 U.S.C. 922(y)(2), such as possession of a valid hunting license or permit.[18 U.S.C. 922 (d)(5), (g)(5) and (y)(2); 27 CFR 478.11 and 478.32(a)(5) ]
Yes. An individual less than 21 years of age may sell handguns and ammunition suitable for use in handguns. However, a person less than 18 years of age must have the prior written consent of a parent or guardian and the written consent must be in the person’s possession at all times. Also, the parent or guardian giving the written consent may not be prohibited by law from possessing a firearm. Moreover, state law must not prohibit a person less than 18 years of age from possessing the handguns or ammunition.[18 U.S.C. 922(x)]
(c)
Notification of chief law enforcement officer.
Prior to the submission of the application to the Director, all applicants and responsible persons shall forward a completed copy of Form 1 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 ..
A person not otherwise prohibited by federal, state or local law from possessing firearms may submit an application to make an NFA firearm, other than a machine gun as prescribed by the Gun Control Act of 1968, as amended, at 18 U.S.C. § 922(o).The application process requires the applicant to submit ATF Form 1, Application to Make and Register a Firearm, in duplicate, along with FBI FD-258, Fingerprint Card, in duplicate, and payment of the $200 making tax.[27 C.F.R. §§ 479.62-65]
An individual who is not prohibited by federal, state or local law from receiving or possessing firearms may lawfully obtain an NFA firearm in one of two ways:An approved transfer of a registered NFA firearm from its lawful owner, which requires ATF Form 4, Application for Tax Paid Transfer and Registration of a Firearm; or,An approved making of an NFA firearm, which requires ATF Form 1, Application to Make and Register a Firearm.[26 U.S.C. § 5812, 5822; 27 CFR § 479.62-66, 479.84-86]
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.
A person may make an NFA firearm by filing and receiving an approved ATF Form 1 Application to Make and Register a Firearm.A person may transfer an NFA firearm to another person by filing and receiving an approved ATF Form 4, Application for Tax Paid Transfer and Registration of Firearm.Applications to make or transfer a firearm will not be approved if federal, state, or local law prohibits the making or possession of the firearm.[26 U.S.C. 5812 and 5822; 27 CFR 479.62 and 479.84]
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.
(1) This section will apply in any case where distribution of explosive materials to the distributee is not otherwise prohibited by the Act or this part.
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]
Yes. The law prohibits the receipt or possession of explosive materials by any person listed in 27 CFR 555.26.[18 U.S.C. 842(i); 27 CFR 555.26, 555.49(b)]
A licensee or permittee shall not knowingly distribute any explosive materials to any person who:(a) Is not a licensee or holder of a user permit;(b) Is not a holder of a limited permit who resides in the same state where distribution is made and in which premises of the transferor are located;(c) The licensee has reason to believe that they intend to transport such explosive materials into a state where the purchase, possession or use of explosive materials is prohibited or which does not permit its residents to transport or ship explosive materials into the state or to receive explosive materials in the state; or,(d) Is in any state where the purchase, possession, or use by such person of such explosive materials would be in violation of any state law or any published ordinance applicable at the place of distribution.[18 U.S.C. 842; 27 CFR 555.105, 555.106]
Yes. No person shall knowingly distribute explosive materials to any individual listed in 27 CFR 555.26, or to an individual who is under 21 years of age.[18 U.S.C. 842(d); 27 CFR 555.26(d)]
(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:
Federal law prohibits the transfer of a firearm to a person who has been denied by NICS.Although federal firearms licensees (FFLs) are not required to contact ATF in this situation, we strongly encourage you to contact your local ATF office if this occurs rather than take any further action such as transferring the firearm to a third party. Because the person redeeming the firearm was denied by NICS at the time of redemption, he or she may be a felon or other “prohibited person” and would be possessing the firearm in violation of 18 U.S.C. § 922(g) at the time the firearm was pawned. Depending on the reason(s) for the firearms prohibition, ATF may want to seize the firearm and/or take legal action.If you contact your local ATF office, someone will get back to you as soon as possible to let you know what steps ATF will pursue. If ATF informs you that it is not going to take any further action, federal law does not prohibit you from transferring the pawned firearm to a third party if the third party completes a Form 4473 and NICS does not issue a denial within three business days.Of course, a transaction involving third parties would violate federal law if the latter were “straw purchasers” not actually obtaining or redeeming the firearm for themselves but acting as a conduit to return the firearm to the owner or another person Accordingly, we encourage you to ask the third party whether he or she intends to maintain possession of and control over the firearm.If you have reason to believe the third party is a straw purchaser who actually is obtaining the firearm for the prohibited person, you may not transfer the firearm to that person. However, if you have no reason to believe the third party is a straw purchaser (and the person is not otherwise prohibited from possessing and receiving firearms), you may transfer it under federal law.ATF Form 4473, Firearms Transaction Record, contains a general instruction stating that FFLs can include any information on the form that is relevant to the transaction. Accordingly, you may add a statement to the Form 4473 indicating that you warned the third party who received the firearm about straw purchasing; you may also have the third party sign the statement. However, licensees are not required to include such a statement, and the statement will not necessarily protect you from prosecution.Finally, you always should make sure transferring the firearm to a third party does not violate state or local law.[18 U.S.C. 922(d) and (t)]
Yes. In such transactions, the law enforcement official is treated no differently from any other unlicensed transferee, and a NICS background check must be conducted.[18 U.S.C. 922(t) and 925(a)(1)]
Firearm transfers are exempt from the requirement for a NICS background check in three situations:Transfers to transferees who have a state permit that has been recognized by ATF as an alternative to a NICS check;Transfers of National Firearms Act weapons to persons approved by ATF; andTransfers certified by ATF as exempt because compliance with the NICS background check requirement is impracticable.[18 U.S.C. 922(t); 27 CFR 478.102(d)]
No. A licensee must initiate a new NICS background check for each completed firearms transaction. However, a person may purchase or acquire several firearms in one transaction.Example 1A transferee completes an ATF Form 4473 for a single firearm on February 15. The licensee receives a “proceed” from NICS that day. The licensee signs the form, and the firearm is transferred. On February 20, the transferee returns to the licensee’s premises and wishes to acquire a second firearm.The acquisition of the second firearm is a separate transaction. Therefore, a new NICS check must be initiated by the licensee.Example 2A transferee completes ATF Form 4473 for a single firearm on February 15. The licensee receives a “proceed” from NICS that day. The transferee does not return to pick up the firearm until February 20. Before the licensee completes the transfer of the first firearm, the transferee decides to acquire an additional firearm. The second firearm may be recorded on the same Form 4473.The acquisition of the two firearms is considered a single transaction. Therefore, the licensee is not required to conduct a new NICS check prior to transferring the second firearm.
Yes. Compliance with federal background check provisions does not excuse a licensee from compliance with state law, and vice versa. Licensees must follow state law waiting periods.Example 1State X is acting as a point of contact for NICS checks. State law requires the licensee to wait 10 days, rather than 3 days, for a response to the background check prior to transferring a firearm.Because state law provides a 10 day period before a licensee may transfer a firearm, the licensee may not transfer the firearm until 10 days have elapsed since conducting the background check.Example 2State X is acting as a point of contact for NICS checks. State law allows a licensee to transfer a firearm 24 hours after conducting a NICS check and receiving a “delayed” response.However, the licensee must comply with federal law which requires the licensee wait 3 business days prior to transferring a firearm, if the licensee has not received notice that the transfer would be prohibited.Example 3The law of State X provides for a 5 day waiting period before a handgun may be transferred by a licensee. An individual completes an ATF Form 4473 for the purchase of a handgun, a NICS check is conducted, and a “proceed” response is given by NICS.Although the licensee received a “proceed” response, the licensee must comply with the state waiting period, and the licensee may not transfer the firearm until the state's 5 day waiting period has elapsed.[18 U.S.C. 922(b)(2)]
Yes. The exemption from completing an ATF Form 4473 and a NICS check applies only to the person/entity holding the license, not to individual officers or employees of the person/entity holding the license.[18 U.S.C. 921(a)(1); 27 CFR 478.11]
Yes. A licensed pawnbroker may conduct a NICS background check on a person at the time the person offers to pawn a firearm. If NICS advises the pawnbroker that receipt or possession of the firearm by the person attempting to pawn the firearm would violate the law, the pawnbroker must advise local law enforcement within 48 hours after receipt of the information.A pawnbroker who contacts NICS about a person prior to accepting the person’s firearm in pawn must still conduct a NICS background check at the time of redemption.[Public Law 105–277, enacted on October 21, 1998]
(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)]
Yes. Like other licensees, a pawnbroker cannot lawfully return a firearm to a person who is, due to age or other disability, ineligible to receive or possess firearms.[18 U.S.C. 922(d) and 922(b)(1); 27 CFR 478.99]
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)]
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) 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. The February 17, 2017 correspondence simply recognizes that ATF does not issue different classes or categories of 01 licenses to persons based upon which or how many of the options for conducting business an applicant intends to exercise at the time the application is filed.Once issued, a dealer’s license allows the licensee to sell firearms by any means or from any location otherwise permitted by law regardless of their intent at the time of application.
Yes. A person may obtain a collector’s license. However, this license applies only to transactions in curio or relic firearms.[18 U.S.C. 921(a)(13), 923(b); 27 CFR 478.41(c), (d), and 478.93]
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]
Submit ATF Form 7/7CR, Application for Federal Firearms License with the appropriate fee, in accordance with the instructions on the form to ATF. This form is for all FFL types, including type 03 Collector of Curios and Relics. An application packet may be obtained by contacting the ATF Distribution Center. If you have more than one Responsible Person (RP), you must also submit a Supplement to ATF Form 7/7CR for each additional RP.[18 U.S.C. 923; 27 CFR 478.44]
(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.
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)]
You can request an application for a federal explosives license or permit from the Federal Explosives Licensing Center at 877-283-3352 or from the ATF Distribution Center at 703-870-7526 or 703-870-7528. As part of the application process, you must complete and submit an ATF Form 5400.13/5400.16, Application for Explosives License or Permit. You must also submit the names, identifying information, fingerprints, and photographs of all responsible persons on ATF Form 5400.13A/5400.16, Explosives Responsible Person Questionnaire. In addition, you must submit the names and identifying information of all employees who are authorized to possess explosive materials in the course of their employment on ATF Form 5400.28, Employee Possessor Questionnaire. [27 CFR 555.45(c)]
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]
The Chief, Federal Explosives Licensing Center, will approve a properly completed application for a license or permit on ATF Form 5400.13/5400.16 if the applicant:(a) Is not a person prohibited from possessing or receiving explosive materials under 18 U.S.C. 842(i) and none of the applicant’s "responsible persons" are prohibited under section 842(1); (see also Question 4 in General Q&A);(b) Has not willfully violated any provision of Chapter 40 or the regulations in 27 CFR Part 555;(c) Has not knowingly withheld information or has not made any false or fictitious statement intended or likely to deceive, in connection with the application,(d) Has premises in a State from which he intends to conduct business or operations;(e) Has storage for the class (as described in 27 CFR 555.202) of explosive materials described on the application;(f) Has certified in writing that he is familiar with and understands all published State laws and local ordinances relating to explosive materials for the location in which he intends to do business;(g) Has submitted the certificate required by section 21 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1341) [18 U.S.C. 843(b); 27 CFR 555.49(b)];(h) None of the applicant’s employees authorized to possess explosives are prohibited persons under 18 U.S.C. 842(i); and(i) In the case of an applicant for a limited permit, the applicant has certified that the applicant will not receive explosive materials on more than 6 occasions during the 12-month period for which the limited permit is valid.
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.
Each licensee shall prepare a report of multiple sales or other disposition whenever the licensee sells or otherwise disposes of, at one time or during any five consecutive business days, two or more pistols, or revolvers, or any combination of pistols and revolvers totaling two or more, to an unlicensed person:
Provided,
That a report need not be made where pistols or revolvers, or any combination thereof, are returned to the same person from whom they ..
A multiple sale occurs when a licensed Type 01 dealer, Type 02 pawnbroker, Type 07 manufacturer, or Type 08 importer located in Arizona, California, New Mexico, or Texas sells or otherwise disposes of, at one time or during any five consecutive business days, more than one semiautomatic rifle capable of accepting a detachable magazine and with a caliber greater than.22 (including .223/5.56 caliber) to an unlicensed person.Example 1. A licensee sells two qualifying rifles (as described above) in a single transaction to an unlicensed person. This is a multiple sale and must be reported not later than the close of business on the date of the transaction.Example 2. A licensee sells a qualifying rifle (as described above) on Monday and sells another qualifying rifle (as described above) on the following Friday to the same unlicensed person. This is a qualifying multiple sale and must be reported no later than the close of business on Friday. If the licensee sells another qualifying rifle (as described above) to the same unlicensed person on the following Monday, this will constitute an additional multiple sale and must also be reported not later than the close of business on Monday. In addition, the licensee would check ‘Yes’ in Item 2c and place Friday’s date in Item 2c on the ATF Form 3310.12.Example 3. A licensee maintaining business hours Monday through Saturday sells a qualifying rifle (as describe above) to an unlicensed person on Monday and sells another qualifying rifle (as described above) to the same person on the following Saturday. This does not constitute a multiple sale and need not be reported because the sales did not occur during five consecutive business days.NOTE: Some possible ways to detect qualifying multiple sales include, but are not limited to: (a) daily review of ATF Form 4473 spanning the past five days; (b) daily review of disposition records spanning the past five days; (c) maintaining a calendar of daily sales to unlicensed persons (ideally with each purchaser listed alphabetically); and (d) maintaining a record of daily sales to unlicensed persons (ideally with each purchaser listed alphabetically).
No. A multiple sale report is not required for the return of firearms to the same individual such as a pawn redemption, consignment or repair.[27 CFR 478.126a]
Federal law, 18 U.S.C. 923(g)(3)(B), provides that Chief Law Enforcement Officers (CLEOs) receiving copies of ATF Form 3310.4 from FFLs for sales to nonprohibited persons may not disclose the contents of the forms and must destroy the forms and any record of the content of the forms within 20 days of receipt.
The disposition of two or more pistols or revolvers to any nonlicensee during a period of 5 consecutive business days must be reported on ATF Form 3310.4, Report of Multiple Sale or Other Disposition of Pistols and Revolvers, not later than the close of the business day on the day of disposition of the second pistol or revolver. The licensee must forward a copy of the Form 3310.4 to the ATF office specified thereon, and another copy must be forwarded to the state police or local law enforcement agency where the sale occurred. A copy of the Form 3310.4 must also be attached to the ATF Form 4473 executed upon delivery of the pistols or revolvers.A business day for purposes of reporting multiple sales of pistols or revolvers is a day that a licensee conducts business pursuant to the license, regardless of whether state offices are open. The application of the term “business day” is, therefore, distinguishable from the term “business day” as used in the National Instant Criminal Background Check System (NICS) context.Example: A licensee conducts business only on Saturdays and Sundays, days on which state offices are not open. The licensee sells a pistol to an unlicensed person on a Saturday. If that same unlicensed person acquires another handgun the next day (Sunday), the following Saturday or Sunday, or the Saturday after that, the reporting requirement would be triggered, the subsequent acquisition of a pistol or revolver would have to be reported on a Form 3310.4 by the close of the day upon which the second or subsequent pistol or revolver was sold.[18 U.S.C. 923(g)(3); 27 CFR 478.126a]
(a) General. No person, other than a licensee or permittee knowingly may transport, ship, cause to be transported, or receive any explosive materials: Provided, That the provisions of this paragraph (a) do not apply to the lawful purchase by a nonlicensee or nonpermittee of commercially manufactured black powder in quantities not to exceed 50 pounds, if the black powder is intended to be used solely for sporting, recreational, or cultural purposes in antique firearms as defined in 18 U.S.C. 921(..
A possessor of explosives is any employee of a license or permit holder or any employee of an applicant for a license or permit who has or will have actual physical possession of explosive materials or who has or will have constructive possession of explosive materials. For example, persons who physically handle explosive materials would be considered to be actual possessors of explosive materials. This would include employees who directly handle explosive materials as part of the production process; employees who handle explosive materials in order to ship, transport, or sell them; and employees, such as blasters and their helpers who actually use explosive materials. A constructive possessor is any person who has access to explosive materials, without physically handling them.For example, a supervisor at a construction site who keeps keys for storage magazines in which explosives are stored or who directs the use of explosive materials by other employees has constructive possession of explosives.
All persons who wish to transport, ship, cause to be transported, or receive explosive materials must first obtain a federal explosives license or permit. Certain exemptions apply. [18 U.S.C. 842(b); 18 U.S.C. 845; 27 CFR 555.26(a), 27 CFR 555.141]
Yes. A license or permit will not be issued to any person who:(a) Is under indictment for, or who has been convicted in any court, of a crime punishable by imprisonment for a term exceeding one year;(b) Is a fugitive from justice;(c) Is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act, 21 U.S.C. § 802);(d) Has been adjudicated a mental defective or who has been committed to a mental institution;(e) Is an alien (with certain exceptions);(f) Has been discharged from the armed forces under dishonorable conditions; or,(g) Having been a citizen of the United States, has renounced his citizenship.[18 USC §§ 842(i), 843(b)(1); 27 CFR § 555.49(b)(2)(i)]
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:
An unlicensed person who is not prohibited from receiving or possessing firearms may purchase a firearm from an out-of-state source, provided the transfer takes place through a federal firearms licensee in their state of residence.[18 U.S.C 922(a)(3) and 922(b)(3); 27 CFR 478.29]
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]
A nonimmigrant alien without residency in any state may not purchase and take possession of a firearm. A nonimmigrant alien may only purchase a firearm through a licensee where the licensee arranges to have the firearm directly exported. A nonimmigrant alien who falls within an exception may, however, purchase and take possession of ammunition.A nonimmigrant alien who has established residency in a state may purchase and take possession of a firearm from an unlicensed person, provided the buyer and seller are residents of the same state, and no other state or local law prohibits the transaction. A nonimmigrant alien with residency in a state may purchase a firearm from a licensee, provided the sale complies with all applicable laws and regulations.[18 U.S.C. 922(a)(9); 27 CFR 478.29a]
(1) Any aspect of the transportation of explosive materials via railroad, water, highway, or air which is regulated by the U.S. Department of Transportation and its agencies, and which pertains to safety. For example, regulations issued by the Department of Transportation addressing the security risk of aliens transporting explosives by commercial motor or railroad carrier from Canada preclude the enforcement of 18 U.S.C. 842(i)(5) against persons shipping, transporting, receiving, or possessing..
Federal explosives laws and regulations generally prohibit any person from transporting explosive materials interstate or intrastate unless the person has a federal explosives license or permit. Also, the transportation of stolen explosives materials is a federal crime.However, the law exempts from regulation under 18 U.S.C. Chapter 40 and 27 CFR Part 555 aspects of the transportation of explosive materials via railroad, water, highway or air which are regulated by the U.S. Department of Transportation, the Department of Homeland Security, and agencies thereof and which pertain to safety and security.[18 U.S.C. 842(a)(3), 842(h), 845(a)(1); 27 CFR 555.26, 555.28, 555.141(a)(1)]
Any fireworks defined as "display fireworks" in 27 CFR 555.11 may be lawfully received or transported only by persons who hold a valid license or permit. No ATF license or permit is required to receive or transport "consumer fireworks" or "articles pyrotechnic".[18 U.S.C. 842(a)(3); 27 CFR 555.26, 555.141(a)(7)]
Except for those items and activities given exempt status under 18 U.S.C. 845 (also see 27 CFR 555.141), or exempted under 27 CFR 555.32, Special Explosives Devices, all persons who store explosive materials must store them in conformity with the provisions of sub part K of the regulations.[18 U.S.C. 842(j); 27 CFR 555.29, 555.141, 555.201(a)]
Persons engaged in the business, in the United States, of importing articles enumerated on the U.S. Munitions Import List must register by making an application on ATF Form 4587.
The person must be licensed under the Gun Control Act (GCA) and pay the required special (occupational) tax imposed by the National Firearms Act (NFA). After becoming licensed under the GCA, the licensee must submit an ATF Form 5630.7, Special Tax Registration and Return National Firearms Act (NFA) to ATF with the appropriate tax payment.An importer of NFA firearms (except importers of sporting shotguns and shotgun ammunition) must also be registered with ATF under the Arms Export Control Act of 1976, by filing an ATF Form 4587, Application to Register as an Importer of U.S. Munitions Import List Articles.[26 U.S.C. 5801; 18 U.S.C. 923; 27 CFR 447.31, 478.41 and 479.34]
(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:
In this situation, the individual's NFA firearms may be left in a safe deposit box in their former state of residence. The firearm could also be left or stored in the former state of residence at the house of a friend or relative in a locked room or container to which only the registered owner has a key. The friend or relative should be supplied with a copy of the registration forms and a letter from the owner authorizing storage of the firearm at that location.The firearms may also be transferred in accordance with National Firearms Act (NFA) regulations or abandoned to ATF.
Yes. A person may ship a firearm to him or herself in care of another person in the state where he or she intends to hunt or engage in any other lawful activity. The package should be addressed to the owner “in the care of” the out–of–state resident. Upon reaching its destination, persons other than the owner may not open the package or take possession of the firearm.
Yes. A person who lawfully possesses a firearm may transport or ship the firearm interstate when changing their state of residence. If using a moving company, you must notify the mover that firearms are being transported.Certain NFA firearms must have prior approval from ATF before such firearms may be moved interstate. You should also check state and local laws where relocating to ensure that movement of firearms into the new state does not violate any state law or local ordinance.[18 U.S.C. 922(a)(4) and 922(e); 27 CFR 478.28 and 478.31]
(a) Section 842(j) of the Act and § 555.29 of this part require that the storage of explosive materials by any person must be in accordance with the regulations in this part. Further, section 846 of this Act authorizes regulations to prevent the recurrence of accidental explosions in which explosive materials were involved. The storage standards prescribed by this subpart confer no right or privileges to store explosive materials in a manner contrary to State or local law.
Yes. All persons who store explosive materials must notify the fire department having jurisdiction over the site where explosive materials are manufactured or stored. Notification must be made orally by the end of the day on which storage begins and in writing within 48 hours from the time storage began. The notification must include the type of explosive materials, magazine capacity, and the location of each storage site. [27 CFR 555.11: Definition of “authority having jurisdiction for fire safety”, 27 CFR 555.201(f)]
(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]
(2) The applicant (including, in the case of a corporation, partnership, or association, any individual possessing, directly or indirectly, the power to direct or cause the direction of the management and policies of the corporation, partnership, or association) is not prohibited under the provisions of the Act from shipping or transporting in interstate or foreign commerce, or possessing in or affecting commerce, any firearm or ammunition, or from receiving any firearm or ammunition which has b..
An application for a federal firearms license will be approved if the applicant:Is 21 years of age or over;Is not prohibited from shipping, transporting, receiving or possessing firearms or ammunition, nor in the case of a corporation, partnership, or association, is any individual possessing, directly or indirectly, the power to direct or cause the direction of the management and policies of the corporation, partnership, or association prohibited from shipping, transporting, receiving or possessing firearms or ammunition;Has not willfully violated the Gun Control Act (GCA) or its regulations;Has not willfully failed to disclose material information or has not made false statements concerning material facts in connection with their application;Has premises for conducting business or collecting; andThe applicant certifies that:The business to be conducted under the license is not prohibited by state or local law in the place where the licensed premises is located;Within 30 days after the application is approved the business will comply with the requirements of state and local law applicable to the conduct of the business;The business will not be conducted under the license until the requirements of state and local law applicable to the business have been met;The applicant has sent or delivered a form to the chief law enforcement officer where the premises is located notifying the officer that the applicant intends to apply for a license; andIf the applicant is to be a licensed dealer, the applicant certifies that secure gun storage or safety devices will be available at any place in which firearms are sold under the license to persons who are not licensees (“secure gun storage or safety device” is defined in 18 U.S.C. 921(a)(34)).[18 U.S.C. 923(d)(1); 27 CFR 478.47(b)]
No nonlicensee shall transfer, sell, trade, give, transport, or deliver any firearm to any other nonlicensee, who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides:
Provided,
That the provisions of this section:
A nonlicensee may ship a firearm by a common or contract carrier to a resident of his or her or her own state or to a licensee in any state. A common or contract carrier must be used to ship a handgun.In addition, federal law requires that the carrier be notified that the shipment contains a firearm or ammunition, prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm and requires obtaining written acknowledgement of receipt.[18 U.S.C. 922(a)(2)(A), 922(a)(5), 922(e) and (f); 27 CFR 478.30 and 478.31]
A person may transfer a firearm to an unlicensed resident of their state, provided the transferor does not know or have reasonable cause to believe the transferee is prohibited from receiving or possessing firearms under federal law. There may be state laws that regulate intrastate firearm transactions. A person considering transferring a firearm should contact their State Attorney General’s Office to inquire about the laws and possible state or local restrictions.Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of state, the firearm must be shipped to a federal firearms licensee (FFL) within the transferee’s state of residence. The transferee may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check.A person may loan or rent a firearm to a resident of any state for temporary use for lawful sporting purposes, if they do not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under federal law. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent.A person may transfer a firearm to a licensee in any state. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.[18 U.S.C 922(a)(5) and 922(d); 27 CFR 478.30, 478.32]
Yes. Federal explosives law prohibits any person from distributing explosive materials to persons under 21 years of age. However, it does not prohibit the delivery to or possession of explosive materials by persons under the age of 21 who are receiving or using the materials on behalf of their employers to whom the materials were lawfully sold.[18 U.S.C. 842(d), (i); 27 CFR 555.11 (definition of "distribute"), 555.26, 555.106(b)(1)]
(b) Any licensed manufacturer, licensed importer, or licensed dealer selling or otherwise disposing of a firearm from the licensee's personal firearms collection under this section shall be subject to the restrictions imposed by the Act and this part on the dispositions of firearms by persons other than licensed manufacturers, licensed importers, and licensed dealers.
Yes. A licensee may log business firearms out of the acquisition and disposition (A&D) record as a personal firearm.If that firearm is sold within a year of having been transferred to the licensee’s personal collection, the licensee must re–enter the firearm in the business A&D record, and sell or transfer the firearm as business inventory, including completing an ATF Form 4473 and a NICS background check if required.If, however, the firearm is held in the personal collection of the licensee for more than one year, the firearm may be sold as the licensee’s personal firearm. Although no ATF Form 4473 or NICS background check is required, the licensee must record the disposition of the personal firearm in a personal disposition record.[18 U.S.C. 923(c); 27 CFR 478.125a]
No. The law presumes that any firearm transferred to a personal collection for the purpose of willfully evading the restrictions placed upon licensees remains business inventory.[18 U.S.C. 923(c)]
Yes; however, such firearms must be kept segregated from the licensee’s business inventory. A presumption exists that all firearms on a licensee’s business premises are for sale and must be entered in the licensee’s bound book. Licensees should appropriately identify or tag personal firearms as “not for sale.”
(e)
Firearms receipt and disposition by dealers.
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 dealer shall enter into a record each receipt and disposition of firearms. In addition, before commencing or continuing a firearms business, each licensed dealer shall inventory the firearms possessed for such business and shall record the same in the record required by th..
No. However, it is unlawful for any person to transfer a firearm to any person knowing or having reasonable cause to believe that such person is a felon or is within any other category of person prohibited from receiving or possessing firearms.[18 U.S.C. 922(d) and 922(t)(1); 27 CFR 478.32(d) and 478.102]
(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.
(d) The Director may grant relief to an applicant if it is established to the satisfaction of the Director that the circumstances regarding the disability, and the applicant's record and reputation, are such that the applicant will not be likely to act in a manner dangerous to public safety, and that the granting of the relief would not be contrary to the public interest. The Director will not ordinarily grant relief if the applicant has not been discharged from parole or probation for a period ..
A person who is prohibited from possessing, shipping, transporting, or receiving firearms or ammunition may make application to the Attorney General for relief from the firearms disability. The Attorney General may grant such relief if it is established to the Attorney General’s satisfaction that the circumstances regarding the disability, and the applicant’s record and reputation, are such that the applicant will not be likely to act in a manner dangerous to public safety and that the granting of relief would not be contrary to the public interest. See 18 U.S.C. § 925(c).On March 20, 2025, the Department of Justice issued an interim final rule. As a result, ATF no longer has authority to process applications for relief from firearms disabilities. See https://www.federalregister.gov/documents/2025/03/20/2025-04872/withdrawing-the-attorney-generals-delegation-of-authority. For those interested in pursuing relief under Section 925(c), please note the Interim Final Rule’s statement that “the Department anticipates future actions, including rulemaking consistent with applicable law, to give full effect to 18 U.S.C. 925(c) while simultaneously ensuring that violent or dangerous individuals remain disabled from lawfully acquiring firearms.” 90 Fed. Reg. at 13,083.
No. Police departments and other state or local law enforcement agencies could lawfully possess unmarked plastic explosives acquired on or before April 24, 1996, until April 24, 1999. Such agencies still possessing unmarked plastic explosives should destroy them or abandon them to ATF. Contact the nearest ATF field office for information.[18 U.S.C. 842(n); 27 CFR 555.180(c)(1)]
No. With the exception of the use-up period provided by law for federal law enforcement agencies or the military, the time period for lawful possession of unmarked plastic explosives terminated on April 24, 1999.[18 U.S.C. 842(n); 27 CFR 555.180(c)]
(3) The Chief, Federal Explosives Licensing Center, will conduct background checks on responsible persons and employees authorized by the applicant to possess explosive materials in accordance with § 555.33. If it is determined that any responsible person or employee is described in any paragraph of section 842(i) of the Act, the applicant must submit an amended application indicating removal or reassignment of that person before the license or permit will be issued.
(a) All license and permit applicants and any renewal applicants must submit identifying information for responsible persons and employee possessors (and fingerprints and photographs for responsible persons) upon submission of an original or renewal application.(b) Any new responsible person added after a license or permit has been issued by ATF must be reported to ATF within 30 days on the Explosives Responsible Person Questionnaire form (ATF F 5400.13A/5400.16(c) For all licenses and permits (new and renewal), any new employee possessors must be reported to ATF within 30 days of hire on the Employee Possessor Questionnaire form (ATF F 5400.28). [27 CFR 555.45(c), 27 CFR 555.57(b)]
(i) The applicant (or, if the applicant is a corporation, partnership, or association, each responsible person with respect to the applicant) is not a person described in any paragraph of section 842(i) of the Act;
The Safe Explosives Act (SEA) requires ATF to act on a properly completed application within 90 days. ATF usually considers an application to have been properly completed when all required information has been provided to ATF in writing. This includes submission of the correct number of legible fingerprint cards, the correct fee, etc.If material changes have to be made to an application (e.g., a change from one license type to another or the addition of or changes to the responsible persons, different business name, premises address, hours of operation, EIN, etc.) after its initial receipt by the Federal Explosives Licensing Center (FELC), then the 90-day processing period may re-start.The FELC generates licenses and permits every day based on the receipt of field recommendations. Licenses and permits are sent first class mail to an applicant’s mailing address of record from the FELC in Martinsburg, West Virginia.View current processing times
(ii) with the prior written consent of the juvenile's parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm, except—
Yes. However, persons less than 18 years of age may only receive and possess handguns with the written permission of a parent or guardian for limited purposes, e.g., employment, ranching, farming, target practice or hunting.[18 U.S.C. 922(x)]
Responsible person.
In the case of an unlicensed entity, including any trust, partnership, association, company (including any Limited Liability Company (LLC)), or corporation, any individual who possesses, directly or indirectly, the power or authority to direct the management and policies of the trust or entity to receive, possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm for, or on behalf of, the trust or legal entity. In the case of a trust, ..
Yes, unless the barrel of the pistol is at least 16 inches in length (and the overall length of the firearm with stock attached is at least 26 inches). However, certain stocked handguns, such as original semiautomatic Mauser “Broomhandles” and Lugers, have been removed from the purview of the NFA as collectors’ items.[26 U.S.C. 5845, 27 CFR 479.11]
(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:
Yes. A person who timely files an application for renewal of a license may continue operations authorized by the expired license until final action is taken on the application.If a person does not timely file a license renewal application and the license expires, the person must file a new ATF Form 7 (5310.12)/7CR (5310.16) Application for Federal Firearms License, as required by 27 CFR 478.44.[27 CFR 478.45]
The applicant must submit ATF Form 7(5310.12)/7CR(5310.16), Application for Federal Firearms License, with the appropriate fee, in accordance with the instructions on the form to ATF. This form is for all FFL types, including type 03 Collector of Curios and Relics. An application packet may be obtained by contacting the ATF Distribution Center. If you have more than one Responsible Person (RP), you must also submit a Supplement to ATF Form 7/7CR, for each additional RP.How to apply for an FFL
Any person who desires to obtain a determination whether a particular firearm is a curio or relic shall submit a written request, in duplicate, for a ruling thereon to the Director. Each such request shall be executed under
the penalties of perjury and shall contain a complete and accurate description of the firearm, and such photographs, diagrams, or drawings as may be necessary to enable the Director to make a determination. The Director may require th..
Firearms and Ammunition Technology Division (FATD) classifications determine whether or not a firearm is regulated under the Gun Control Act or National Firearms Act (NFA). FATD also evaluates firearms (and other defense articles) for suitability to be imported and conducts examinations of ammunition.Please be aware that FATD does not make determinations based on drawings, photographs, written descriptions, or diagrams. In order to render an appropriate classification, please ship the physical item and any supporting information to the following address:Bureau of Alcohol, Tobacco, Firearms, and ExplosivesFirearms & Ammunition Technology Division244 Needy RoadMartinsburg, WV 25405Please ship your item to FATD with a prepaid return shipping label with tracking for the return of your item. Providing a shipping account number instead of a trackable prepaid shipping label will not be accepted.The U.S. Postal Service recommends that long guns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms.You cannot ship a handgun or ammunition through the U.S. Postal Service. A commercial carrier must be used to ship a handgun. Please check with the specific carrier before shipping to ensure your package meets all of legal requirements.Do not use packing peanuts or similar types of packing material that may become lodged into moving parts of the item or device and cause safety issues. Small parts and pieces must be placed into a sealed zip-lock type clear plastic bag to prevent loss.FATD may be unable to return the sample if the item is classified as an unregistered NFA weapon (machinegun, silencer, short barreled rifle, short barreled shotgun, etc.), or any other legally prohibited item.
(a)
General.
As provided by 26 U.S.C. 5812 and 26 U.S.C. 5822, an application to make or transfer a firearm shall be denied if the making, transfer, receipt, or possession of the firearm would place the maker or transferee in violation of law. Section 922(o), Title 18, U.S.C., makes it unlawful for any person to transfer or possess a machine gun, except a transfer to or by, or possession by or under the authority of, the United States or any depa..
Generally, no. However, applications to make and register machine guns on or after May 19, 1986 for the benefit of a federal, state, or local government entity will be approved if documentation can be provided, along with the application to make a machinegun, which establishes that the machine gun is particularly suitable for use by federal, state or local governmental entities and is being made at the request and on behalf of such an entity.[18 U.S.C. 922(o)(2); 27 CFR 479.105(e)]
(a) Any person who has knowledge of the theft or loss of any explosive materials from his stock and fails to report the theft or loss within 24 hours of discovery in accordance with § 555.30, shall be fined not more than $1,000 or imprisoned not more than one year, or both.
Generally, any person who has knowledge of the theft or loss of any explosive materials from his/her stock must report such theft or loss within 24 hours of discovery to ATF and to appropriate local authorities.This theft/loss reporting requirement in the federal explosives laws at 18 U.S.C. § 844(p) and 27 CFR 555.30 refers to explosive materials when the owner, authorized possessor or operator has unintentionally lost possession, care, or control of the explosives materials and cannot account for their absence, even if there is reason to believe that the theft or loss occurred prior to receipt of an explosive materials shipment (e.g., during transportation or packing at the manufacturer’s premises).Any licensee or permittee who has knowledge of the theft or loss of any explosive materials from his or her stock shall, within 24 hours of discovery, report the theft or loss by telephoning our toll-free number 800-461-8841 during business hours (Monday-Friday, 8 a.m.-5 p.m. Eastern Time) or our nationwide toll-free hotline 888-283-2662 (after hours and weekends) and then submitting ATF Form 5400.5, "Report of Theft or Loss—Explosive Materials", in accordance with the instructions on the form. The theft or loss shall also be reported to appropriate local authorities.The same requirements are imposed upon persons other than licensees and permittees, except that non-licensees and non-permittees, other than carriers, need not report a theft or loss on Form 5400.5, but must report the theft or loss by telephone, using the same numbers listed above, and in writing to the nearest ATF office. The theft or loss shall also be reported to appropriate local authorities.Carriers of explosive materials who have knowledge of the theft or loss of any explosive materials must report such theft or loss within 24 hours of discovery to ATF and to appropriate local authorities. Carriers need not make the report on the ATF form or in writing.See 27 CFR 555.30 for the specific information required to be reported in connection with a theft or loss.[18 U.S.C. 842(k), 18 U.S.C. 844(p); 27 CFR 555.30]
(a) In the case of a corporation or association holding a license or permit under this part, if actual or legal control of the corporation or association changes, directly or indirectly, whether by reason of change in stock ownership or control (in the corporation holding a license or permit or in any other corporation), by operation of law, or in any other manner, the licensee or permittee shall, within 30 days of the change, give written notification executed under the penalties of perjury, to..
You must report the departure of a responsible person if his or her departure affects control of the company to the Federal Explosives Licensing Center within 30 days.
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..
(a) The provisions of this section shall apply when a firearm is purchased by or delivered to a person not otherwise prohibited by the Act from purchasing or receiving it.
The Director of Industry Operations may make available to any Federal, State or local law enforcement agency any information which is obtained by reason of the provisions of the Act with respect to the identification of persons prohibited from purchasing or receiving firearms or ammunition who have purchased or received firearms or ammunition, together with a description of such firearms or ammunition. Upon the request of any Federal, State or local law enforcement agency, the Director of Indust..
Demographic information can be useful to law enforcement when tracing firearms used in crimes, to ensure the correct identification of an original purchaser and avoid misidentifications. Additionally, during background checks, this information is needed to facilitate proper identification by providing additional information that helps match -- or rule out a match -- between an individual and a potentially prohibiting record. See 28 CFR 25.7
(a) Any person prohibited from shipping or transporting any explosive in or affecting interstate or foreign commerce or from receiving or possessing any explosive which has been shipped or transported in or affecting interstate or foreign commerce may make application for relief from disabilities under section 845(b) of the Act .
A person under indictment for, or convicted of, a crime punishable by imprisonment for a term exceeding one year is not eligible to be issued a license or permit. However, a licensee or permittee who is indicted for, or convicted of, such a crime during the term of his or her existing license or permit is not barred from licensed or permit operations for 30 days after the date of the indictment or the date the conviction becomes final. If the licensee or permittee files an application for relief from disabilities within such 30-day period, he or she may continue licensed or permit operations while the application is pending. If a relief application is not filed during that period, the licensee or permittee may not continue operations beyond such 30-day period. The right of a licensee to continue licensed or permitted operations beyond such 30-day period is also conditioned on the licensee or permittee timely filing a license or permit renewal application disclosing that the applicant has been indicted for, or convicted of, the crime. A licensee or permittee may not continue operations beyond 30 days following the date the Director issues notification that the relief application has been denied. [18 U.S.C. 845(b); 27 CFR 555.142]
(a) Firearms and ammunition may be brought into the United States or any possession thereof by any person who can establish to the satisfaction of Customs that such firearm or ammunition was previously taken out of the United States or any possession thereof by such person. Registration on Customs Form 4457 or on any other registration document available for this purpose
may be completed before departure from the United States at any U.S. customhouse or ..
Yes. All nonimmigrant aliens (with a few exceptions ) must obtain an import permit from ATF to temporarily import firearms and ammunition for hunting or other lawful sporting purposes. Please note this requirement applies to all nonimmigrant aliens, not all nonresidents (e.g., it does not apply to U.S. citizens residing abroad).The form to be filed with ATF is an ATF Form 6 NIA (5330.3D) Application/Permit for Temporary Importation of Firearms and Ammunition by Nonimmigrant Aliens, with documentation demonstrating that you fall within an exception to the nonimmigrant alien prohibition. The form is both the application and, once approved, the permit you present to the U.S. Customs and Border Protection when you enter the United States. The Form 6 NIA can be downloaded at www.atf.gov.[27 CFR 478.115(d) and (e) and 478.120]
(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,
..
Yes. Licensees may mail an unloaded handgun to another licensee in customary trade shipments. Handguns may also be mailed to any officer, employee, agent, or watchman who is eligible under 18 U.S.C. 1715 to receive pistols, revolvers, and other firearms capable of being concealed on the person for use in connection with his or her official duties.However, postal service regulations must be followed. Any person proposing to mail a handgun must file with the postmaster, at the time of mailing, an affidavit signed by the addressee stating that the addressee is qualified to receive the firearm, and the affidavit must bear a certificate stating that the firearm is for the official use of the addressee. See the current Postal Manual for details.[18 U.S.C. 1715]
(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 ..
Yes. The Gun Control Act was amended so that employees of government agencies convicted of misdemeanor crimes of domestic violence (MCDV) would not be exempt from disabilities with respect to their receipt or possession of firearms or ammunition.Thus, law enforcement officers and other government officials who have been convicted of a disqualifying misdemeanor may not lawfully possess or receive firearms or ammunition for any purpose, including performance of their official duties. The disability applies to firearms and ammunition issued by government agencies, purchased by government employees for use in performing their official duties, and personal firearms and ammunition possessed by such employees.[18 U.S.C. 922(g)(9) and 925(a)(1); 27 CFR 478.32(a)(9) and 478.141]
(a) Law enforcement officers purchasing firearms for official use who provide the licensee with a certification on agency letterhead, signed by a person in authority within the agency (other than the officer purchasing the firearm), stating that the officer will use the firearm in official duties and that a records check reveals that the purchasing officer has no convictions for misdemeanor crimes of domestic violence are not required to complete Form 4473 or Form 5300.35. The law enforcement of..
Yes. Law enforcement officers purchasing firearms for official use who provide a licensee with a certification on agency letterhead that the officer will use the firearm in official duties and that a records check reveals the purchasing officer has no convictions for misdemeanor crimes of domestic violence are not required to complete a ATF Form 4473 or undergo a background check. An officer purchasing a firearm for official duties may purchase the firearm from a licensee in any state, regardless of where the officer resides or the agency is located.Disposition of a firearm to an officer must be entered into the licensee’s acquisition and disposition record, and the certification letter used to purchase the firearm must be retained in the licensee’s files. Contact your state’s Attorney General’s Office to ensure there is no state prohibition on such sales.[18 U.S.C. 925(a)(1); 27 CFR 478.134 and 478.141]
(a) No person other than a licensed importer (as defined in § 478.11) shall engage in the business of importing firearms or ammunition. Therefore, no firearm or ammunition shall be imported or brought into the United States or a possession thereof by any licensee other than a licensed importer unless the Director issues a permit authorizing the importation of the firearm or ammunition. No barrel for a handgun not generally recognized as particularly suitable for or readily adaptable to sporting ..
Yes. A licensee may make an occasional importation of a firearm for a nonlicensee or for the licensee’s personal use (not for resale). The licensee must first submit an ATF Form 6, Part I to ATF for approval. The licensee may then present the approved ATF Form 6 and completed ATF Form 6A to U.S. Customs and Border Protection.[27 CFR 478.113]
Only those firearms subject to the National Firearms Act (NFA) (e.g., machineguns, short–barreled rifles and shotguns, silencers, destructive devices, and firearms designated as “any other weapons”) must be registered with ATF.Firearms registration may be required by state or local law. Any person considering acquiring a firearm should contact their State Attorney General’s Office to inquire about the laws and possible state or local restrictions.[26 U.S.C. 5841; 27 CFR 479.101]]
Any person desiring to export a firearm without payment of the transfer tax must file with the Director an application on Form 9 (Firearms), Application and Permit for Exportation of Firearms, in quadruplicate, for a permit providing for deferment of tax liability. Part 1 of the application shall show the name and address of the foreign consignee, number of firearms covered by the application, the intended port of exportation, a complete description of each firearm to be exported, the name, addr..
The export of defense articles under the Arms Export Control Act (AECA) generally requires a license for export issued in accordance with the AECA and the regulations promulgated thereunder. The Department of State's Directorate of Defense Trade Controls (DDTC) administers AECA export controls and licensing for defense articles enumerated on the U.S. Munitions List (USML) in the International Traffic in Arms Regulations (ITAR) at 22 CFR § 121.1. Additional information may be obtained from DDTC by either contacting the DDTC Response Team at (202) 663-1282, or by visiting their website at https://www.pmddtc.state.gov/ddtc_public.The Department of Commerce's Bureau of Industry and Security (BIS) administers export controls for items on the Commerce Control List (CCL), including shotguns with a barrel length of 18 inches or more and related components, muzzle loading rifles and handguns, air guns, replica firearms, and shotgun shells and components, pursuant to the International Emergency Economic Powers Act and Part 774 of the Export Administration Regulations. Additional information may be obtained from BIS by contacting an export counselor at (202) 482-4811, or by visiting their website at www.bis.doc.gov/index.php/policy-guidance/product-guidance/firearms.Any person who wishes to export a firearm subject to the National Firearms Act must submit ATF Form 9 (5320.9), Application and Permit for Permanent Exportation of Firearms and obtain approval from ATF prior to export.[22 U.S.C. § 2778; 26 U.S.C. § 5854; 27 CFR § 479.114–479.119]
No person shall receive, conceal, transport, ship, store, barter, sell, or dispose of any stolen explosive materials knowing or having reasonable cause to believe that the explosive materials were stolen.
Yes. It is a federal crime for any person to steal any explosive materials. It is also a federal crime for any person to receive, possess, transport, ship, conceal, store, barter, sell, dispose of, or pledge or accept as security for a loan any stolen explosive materials.[18 U.S.C. 842(h), 844(k), (l)]
Any person storing explosive materials shall inspect his magazines at least every seven days. This inspection need not be an inventory, but must be sufficient to determine whether there has been unauthorized entry or attempted entry into the magazines, or unauthorized removal of the contents of the magazines.
Yes. Any person storing explosives must inspect the magazines at least once every 7 days to determine whether there has been unauthorized entry or attempted entry into the magazines or unauthorized removal of the contents of the magazines.[27 CFR 555.204]
(a) Certain persons other than the licensee may secure the right to carry on the same firearms or ammunition business at the same address shown on, and for the remainder of the term of, a current license. Such persons are:
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.
(a) Certain persons other than the licensee or permittee may secure the right to carry on the same explosive materials business or operations at the same business premises for the remainder of the term of license or permit. These persons are:
A stamp once affixed to one document cannot lawfully be removed and affixed to another. Any person willfully reusing such a stamp shall be subject to the penalty prescribed by 26 U.S.C. 7208.
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.
(a) Registrants under this part engaged in the business of importing articles subject to controls under 27 CFR Parts 478 and 479 shall maintain records in accordance with the applicable provisions of those parts.
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where such person may lawfully possess and carry such firearm to any other place where such person may lawfully possess and carry such firearm if, during such transportation the firearm is..
(a) A licensee may lend or rent a firearm to any person for temporary use off the premises of the licensee for lawful sporting purposes:
Provided,
That the delivery of the firearm to such person is not prohibited by § 478.99(b) or § 478.99(c), the licensee complies with the requirements of § 478.102, and the licensee records such loan or rental in the records required to be kept by him under Subpart H of this part.
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
(ii) The distributee must also provide the distributor with a current list of the names of persons authorized to accept delivery of explosive materials on behalf of the distributee. The distributee ordering explosive materials must keep the list current and provide updated lists to licensees and holders of user permits on a timely basis. A distributor may not transfer possession of explosive materials to any person whose name does not appear on the current list of names of persons authorized to ..
(a) Section 922(a)(3) of the Act makes it unlawful, with certain exceptions not pertinent here, for any person other than a licensee to transport into or receive in the State where the person resides any firearm purchased or otherwise obtained by the person outside of that State. However, section 925(a)(4) provides a limited exception for the transportation, shipment, receipt or importation of certain firearms and ammunition by certain members of the United States Armed Forces. Section 922(1) of..
No person shall steal or unlawfully take or carry away from the person or the premises of a person who is licensed to engage in the business of importing, manufacturing, or dealing in firearms, any firearm in the licensee's business inventory that has been shipped or transported in interstate or foreign commerce.
(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.
The administrative law judge may take or order the taking of depositions by either party to the proceeding at such time and place as the administrative law judge may designate before a person having the power to administer oaths, upon application therefor and notice to the parties to the action. The testimony shall be reduced to writing by the person taking the deposition, or a person under his direction, and the deposition shall be subscribed by the deponent unless subscribing thereof is waived..
(c)
Notification of chief law enforcement officer.
Prior to the submission of the application to the Director, all transferees and responsible persons shall forward a completed copy of Form 4 or a completed copy of Form 5320.23, respectively, to the chief law enforcement officer of the locality in which the transferee or responsible person is located. The chief law enforcement officer is the local chief of police, county sheriff, head of the Stat..
(a) Distributors who are exempted persons. Each distributor who is an exempted person as defined in § 646.143 shall show the following information in his commercial records.
Witnesses summoned before the administrative law judge may be paid the same fees and mileage that are paid witnesses in the courts of the United States, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in the courts of the United States. Witness fees and mileage shall be paid by the party at whose instance the witnesses appear and the person taking the deposition shall be paid by the party at whos..
The Administrative Procedure Act, 5 U.S.C. 559, provides that, except as otherwise required by law, privileges relating to procedure or evidence apply equally to agencies and persons. Therefore, an agency may rely on judicially-approved privileges to resist production of its files where appropriate.
(c) A firearm barrel imported or brought into the United States or a possession thereof under the provisions of this section may be released from Customs custody to the person importing the firearm barrel upon showing that the person has obtained a permit from the Director for the importation of the firearm barrel to be released.
No person shall transport or ship in interstate or foreign commerce any stolen firearm or stolen ammunition knowing or having reasonable cause to believe that the firearm or ammunition was stolen, and no person shall receive, possess, conceal, store, barter, sell, or dispose of any stolen firearm or stolen ammunition, or pledge or accept as security for a loan any stolen firearm or stolen ammunition, which is moving as, which is a part of, which constitutes, or which has been shipped or transpor..
(6) Ownership and control information: That is, the name, position, and residence address of every owner of the business and of every person having power to control its management and policies with respect to the activity subject to special tax. “Owner of the business” shall include every partner, if the taxpayer is a partnership, and every person owning 10% or more of its stock, if the taxpayer is a corporation. However, the ownership and control information required by this paragraph need not ..
(ii) A completed ATF Form 5320.23 for each responsible person. Form 5320.23 requires certain identifying information, including each responsible person's full name, position, home address, date of birth, and country of citizenship if other than the United States;
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..
If any person required by this part to make returns shall fail or refuse to make any such return within the time prescribed by this part or designated by the Director, then the return shall be made by an ATF officer upon inspection of the books, but the making of
such return by an ATF officer shall not relieve the person from any default or penalty incurred by reason of failure to make such return.
Any person who engages in a business taxable under 26 U.S.C. 5801, without timely payment of the tax imposed with respect to such business (see § 479.34) shall be liable for such tax, plus the interest and penalties thereon (see 26 U.S.C. 6601 and 6651). In addition, such person may be liable for criminal penalties under 26 U.S.C. 5871.
No information or evidence obtained from an application, registration, or record required to be submitted or retained by a natural person in order to comply with any provision of 26 U.S.C. Chapter 53, or this part or section 207 of the Gun Control Act of 1968 shall be used, directly or indirectly, as evidence against that person in a criminal proceeding with respect to a violation of law occurring prior to or concurrently with the filing of the application or registration, or the compiling of th..
(a) Any person required to pay special (occupational) tax under this part shall be relieved from payment of that tax if he establishes to the satisfaction of the Director that his business is conducted exclusively with, or on behalf of, the United States or any department, independent establishment, or agency thereof. The Director may relieve any person manufacturing firearms for or on behalf of the United States from compliance with any provision of this part in the conduct of the business with..
Except as provided in § 555.49(a), each person issued a license or permit under this part shall be furnished together with his license or permit a copy for his certification. If a person desires an additional copy of his license or permit for certification and for use under § 555.103, he shall:
(a) The furnishing of assistance, including training, to foreign persons in the design, engineering, development, production, processing, manufacture, use, operation, overhaul, repair, maintenance, modification, or reconstruction of defense articles, whether in the United States or abroad; or
(d) For provisions requiring the registration of persons engaged in the business of brokering activities with respect to the importation of any defense article or defense service, see Department of State regulations in 22 CFR part 129.
(3) Importation of articles (other than those which would be “firearms” as defined in 18 U.S.C. 921(a)(3) manufactured in foreign countries for persons in the United States pursuant to Department of State approval.
Registered persons shall notify the appropriate ATF officer in writing, in duplicate, of significant changes in the information set forth in their registration
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..
(c) Each licensee described in this section must have compatible secure gun storage or safety devices available at any place in which firearms are sold under the license to persons who are not licensees. However, such licensee shall
not be considered to be in violation of this requirement if a secure gun storage or safety device is temporarily unavailable because of theft, casualty loss, consumer sales, backorders from a manufacturer, or any other similar reason ..
The provisions in this part are in addition to, and are not in lieu of, any other provision of law, or regulations, respecting commerce in firearms or ammunition. For regulations applicable to traffic in machine guns, destructive devices, and certain other firearms, see Part 479 of this chapter. For statutes applicable to the registration and licensing of persons engaged in the business of manufacturing, importing or exporting arms, ammunition, or implements of war, see section 38 of the Arms Ex..
(b) A licensed collector may acquire curios and relics at any location, and dispose of curios or relics to any licensee or to other persons who are residents of the State where the collector's license is held and the disposition is made;
(b)
Controlled group.
All persons treated as one taxpayer under 26 U.S.C. 5061(e)(3) shall be treated as one taxpayer for the purpose of determining gross receipts under paragraph (a) of this section. “Controlled group” means a controlled group of corporations, as defined in 26 U.S.C. 1563 and implementing regulations in 26 CFR 1.1563-1 through 1.1563-4, except that the words
“at least 80 percent” shall be replac..
Transfers of firearms to persons in the insular possessions of the United States are exempt from transfer tax, provided title in cases involving change of title (and custody or control, in cases not involving change of title), does not pass to the transferee or his agent in the United States. However, such exempt transactions must be covered by approved permits and supporting documents corresponding to those required in the case of firearms exported to foreign countries (see §§ 479.114 and 479.1..
For provisions relating to the registration and licensing of persons engaged in the business of manufacturing, importing or exporting arms, ammunition, or implements of war, see the Arms Export Control Act (22 U.S.C. 2778), and the regulations issued pursuant thereto. (See also Part 447 of this chapter.)
(a)
General.
Every person who engages in the business of importing, manufacturing, or dealing in (including pawnbrokers) firearms in the United States shall pay a special (occupational) tax at a rate specified by § 479.32. The tax shall be paid on or before the date of commencing the taxable business, and thereafter every year on or before July 1. Special (occupational) tax shall not be prorated. The tax shall be computed for the entire tax year (July 1 ..
Upon receipt of written request from any State or any political subdivision of a State, the Director, Industry Operations may make available to the State or political subdivision any information which the Director, Industry Operations may obtain under the Act with respect to the identification of persons within the State or political subdivision, who have purchased or received explosive materials, together with a description of the explosive materials.
(a) In general. Licensed manufacturers and licensed importers and persons who manufacture or import explosive materials or ammonium nitrate must, when required by letter issued by the Director, furnish—
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..
The provisions in this part are in addition to, and are not in lieu of, any other provision of law, or regulations, respecting commerce in explosive materials. For regulations applicable to commerce in firearms and ammunition, see Part 478 of this chapter. For regulations applicable to traffic in machine guns, destructive devices, and certain other firearms, see Part 479 of this chapter. For statutes applicable to the registration and licensing of persons engaged in the business of manufacturing..
(a) Articles subject to the import permit procedures of this subpart imported into the United States may be released from Customs custody to the person authorized to import same upon his showing that he has a permit for the importation of the article or articles to be released. For articles in Categories I and III imported by a registered importer, the importer will also submit to Customs a copy of the export license authorizing the export of the article or articles from the exporting country. I..
(2) In the case of firearms, such firearms are curios or relics under 18 U.S.C. 925(e) and the person seeking to import such firearms provides a certification of a foreign government that the firearms were furnished to such government under a foreign assistance or foreign military sales program of the United States and that the firearms are owned by such foreign government. (See § 478.118 of this chapter providing for the importation of certain curio or relic handguns, rifles and shotguns.)
Any person who willfully, in a registration or permit application, makes any untrue statement of a material fact or fails to state a material fact required to be stated therein or necessary to make the statements therein not misleading, shall upon conviction be fined not more than $1,000,000, or imprisoned not more than 10 years, or both.
(A)
Newly manufactured firearms:
Licensed manufacturers may adopt the serial number and other identifying markings previously placed on a firearm by another licensed manufacturer provided the firearm has not been sold, shipped, or otherwise disposed of to a person other than a licensee, and the serial number adopted is not duplicated on any other firearm.
(a) Any person who knowingly makes any false statement or representation in applying for any license or exemption or relief from disability, under the provisions of the Act, shall be fined not more than $5,000 or imprisoned not more than 5 years, or both.
(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..
Example 1 to paragraph (c)—Frame or receiver:
A frame or receiver parts kit containing a partially complete or disassembled billet or blank of a frame or receiver that is sold, distributed, or possessed with a compatible jig or template is a frame or receiver, as a person with online instructions and common hand tools may readily complete or assemble the frame or receiver parts to function as a frame or receiver.
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..
(1) The pardon, expunction, setting aside, or other proceeding rendering a conviction nugatory, or restoration of civil rights expressly provides that the person may not ship, transport, possess or receive firearms; or
(b) A person desiring authorization to assemble nonsporting semiautomatic rifles or shotguns shall submit a written request, in duplicate, to the Director. Each such request shall be executed under the penalties of perjury and shall contain a complete and accurate description of the firearm to be assembled, and such diagrams or drawings as may be necessary to enable the Director to make a determination. The Director may require the submission of the firearm parts for examination and evaluation. ..
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..
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) No firearm shall be imported or brought into the United States or any territory under its control or jurisdiction unless the person importing or bringing in the firearm establishes to the satisfaction of the Director that the firearm to be imported or brought in is being imported or brought in for:
(a)
Alternate methods or procedures.
Any person subject to the provisions of this part, on specific approval by the Director as provided in this paragraph, may use an alternate method or procedure in lieu of a method or procedure specifically prescribed in this part. The Director may approve an alternate method or procedure, subject to stated conditions, when it is found that:
(a) The executor, administrator, personal representative, or other person authorized under State law to dispose of property in an estate (collectively “executor”) may possess a firearm registered to a decedent during the term of probate without such possession being treated as a “transfer” as defined in § 479.11. No later than the close of probate, the executor must submit an application to transfer the firearm to beneficiaries or other transferees in accordance with this section. If the transfe..
(i)
Newly manufactured firearms.
Manufacturers may adopt the serial number and other identifying markings previously placed on a firearm by another manufacturer provided the firearm has not been sold, shipped, or otherwise disposed of to a person other than a qualified manufacturer, importer, or dealer, and the serial number adopted is not duplicated on any other firearm.
Whenever any registered firearm is stolen or lost, the person losing possession thereof will, immediately upon discovery of such theft or loss, make a report to the Director showing the following:
Whenever any person who has paid special (occupational) tax dies, the surviving spouse or child, or executors or administrators, or other legal representatives, may carry on this business for the remainder of the term for which tax has been paid and at the place (or places) for which the tax was paid, without any additional payment, subject to the following conditions. If the surviving spouse or child, or executor or administrator, or other legal representative of the deceased taxpayer continues..
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,..
Any person who violates or fails to comply with the requirements of 26 U.S.C. Chapter 53 shall, upon conviction, be subject to the penalties imposed under 26 U.S.C. 5871.
The Director shall determine in accordance with 26 U.S.C. 5845(a), whether a firearm or device, which although originally designed as a weapon, is by reason of the date of its manufacture, value, design, and other characteristics primarily a collector's item and is not likely to be used as a weapon. A person who desires to obtain a determination under that provision of law shall follow the procedures prescribed in § 479.24 relating to destructive device determinations, and shall include informat..
Any person succeeding to and carrying on a business for which special (occupational) tax has been paid without registering such change within 30 days thereafter, and any taxpayer removing his business with respect to which special (occupational) tax has been paid to a place other than that for which tax was paid without obtaining approval therefor (see § 479.46), will incur liability to an additional payment of the tax, addition to tax and interest, as provided in sections 5801, 6651, and 6601, ..
Any person liable for special (occupational) tax under section 5801, I.R.C., who fails to file a return (Form 5630.7), as prescribed, will be liable for a delinquency penalty computed on the amount of tax due unless a return (Form 5630.7) is later filed and failure to file the return timely is shown to the satisfaction of the Chief, National Firearms Act Branch, to be due to reasonable cause. The delinquency penalty to be added to the tax is 5 percent if the failure is for not more than 1 month,..
Except as provided in this subpart, there shall be levied, collected, and paid upon the making of a firearm a tax at the rate of $200 for each firearm made. This tax shall be paid by the person making the firearm. Payment of the tax on the making of a firearm shall be represented by a $200 adhesive stamp bearing the words “National Firearms Act.” The stamps are maintained by the Director.
An application to make a firearm shall not be approved by the Director if the making or possession of the firearm would place the person making the firearm in violation of law.
The person affixing to a Form 1 (Firearms) a “National Firearms Act” stamp shall cancel it by writing or stamping thereon, in ink, his initials, and the day, month and year, in such manner as to render it unfit for reuse. The cancellation shall not so deface the stamp as to prevent its denomination and genuineness from being readily determined.
A firearm may be made without payment of the making tax by, or on behalf of, any State, or possession of the United States, any political subdivision thereof, or any official police organization of such a government entity engaged in criminal investigations. Any person making a firearm under this exemption shall first file an application, in duplicate, on Form 1 (Firearms) and obtain the approval of the Director as prescribed in § 479.62.
The approval by the Director of an application, Form 1 (Firearms), to make a firearm under this subpart shall effectuate registration of the firearm described in the Form 1 (Firearms) to the person making the firearm. The original Form 1 (Firearms) showing approval by the Director shall be retained by the maker to establish proof of his registration of the firearm described therein, and shall be made available to any ATF officer on request.
(b) The requirements of this part relating to the transfer of a firearm are applicable to the transfer of imported firearms by a qualified importer or any other person.
When any Forms 1, 2, 3, 4, 5, 6A, or 10 (Firearms) evidencing possession of a firearm is stolen, lost, or destroyed, the person losing possession will immediately upon discovery of the theft, loss, or destruction report the matter to the Director. The report will show in detail the circumstances of the theft, loss, or destruction and will include all known facts which may serve to identify the document. Upon receipt of the report, the Director will make such investigation as appears appropriate ..
Any person failing to keep records or make returns, or making, or causing the making of, a false entry on any application, return or record, knowing such entry to be false, is liable to fine and imprisonment as provided in section 5871, I.R.C.
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..
(b) Any other person, except a carrier of explosive materials, who has knowledge of the theft or loss of any explosive materials from his stock shall, within 24 hours of discovery, report the theft or loss by telephoning 1-800-461-8841 (nationwide toll free number) and in writing to the nearest ATF office. Theft or loss shall be reported to appropriate local authorities.
(1) A licensee or permittee may not distribute explosive materials to any person who is not a licensee or permittee. A licensee or permittee may not distribute explosive materials to a limited permittee unless the distributor records the transaction on ATF Form 5400.4, Limited Permittee Transaction Report.
Any person engaging in the business of importing, manufacturing, or dealing in explosive materials without a license issued under the Act, shall be fined not more than $10,000 or imprisoned not more than 10 years, or both.
Any person who knowingly withholds information or makes any false or fictitious oral or written statement or furnishes or exhibits any false, fictitious, or misrepresented identification, intended or likely to deceive for the purpose of obtaining explosive materials, or a license, permit, exemption, or relief from disability under the Act, shall be fined not more than $10,000 or imprisoned not more than 10 years, or both.
Any person who stores any explosive material in a manner not in conformity with this part, shall be fined not more than $1,000 or imprisoned not more than one year, or both.
(d) Being transported to a place of storage or use by a licensee or permittee or by a person who has lawfully acquired explosive materials under § 555.106.
Licenses and permits issued under this part are not transferable to another person. In the event of the lease, sale, or other transfer of the business or operations covered by the license or permit, the successor must obtain the license or permit required by this part before commencing business or operations. However, for rules on right of succession, see § 555.59.
When any Form 5400.30 is stolen, lost, or destroyed, the person losing possession will, upon discovery of the theft, loss, or destruction, immediately, but in all cases before 24 hours have elapsed since discovery, report the matter to the Director by telephoning 1-888-ATF-BOMB (nationwide toll free number). The report will explain in detail the circumstances of the theft, loss, or destruction and will include all known facts that may serve to identify the document. Upon receipt of the report, t..
An applicant, licensee, or permittee may represent himself, or be represented by an attorney, a certified public accountant, or any other person, specifically designated in a duly executed power of attorney that shall be filed in the proceeding by the applicant, licensee, or permittee. The applicant, licensee, or permittee shall file waivers, if applicable, under the Privacy Act of 1974 and 26 U.S.C. 6103(c) (confidentiality and disclosure of returns and return information). The Director of Indu..
(a) Any person who knowingly ships, transports, receives, possesses, sells, distributes, or purchases contraband cigarettes shall be fined not more than $100,000 or imprisoned not more than five years, or both.
An applicant, licensee, or permittee may represent himself, or be represented by an attorney, a certified public accountant, or any other person, specifically designated in a duly executed power of attorney that shall be filed in the proceeding by the applicant, licensee, or permittee. The applicant, licensee, or permittee shall file waivers, if applicable, under the Privacy Act of 1974 and 26 U.S.C. 6103(c) (confidentiality and disclosure of returns and return information). The Director of Indu..
The administrative law judge is charged with the duty of conducting a fair and impartial hearing and of maintaining order in form and manner consistent with the dignity of a court proceeding. In the event that counsel or any person or witness in any proceeding shall refuse to obey the orders of the administrative law judge, or be guilty of disorderly or contemptuous language or conduct in connection with any hearing, the administrative law judge may, for good cause stated in the record, suspend ..
Administrative law judges shall perform no functions inconsistent with their duties and responsibilities. The Director may assign administrative law judges duties not inconsistent with the performance of their functions as administrative law judges. Except to the extent required for the disposition of ex parte matters as required by law, no administrative law judge shall consult any person or party as to any fact in issue unless there has been notice and opportunity for all parties to participat..
All orders, notices, motions, and other formal documents required to be served under the regulations in this part may be served by mailing a signed, original copy thereof to the designated representative of the applicant, licensee, or permittee by certified mail, with request for return receipt card, at the representative's business address, by personal service, or as otherwise agreed to by the parties. If the applicant, licensee, or permittee has not yet designated a representative, all orders,..
Pursuant to agreement with the United States, certain foreign countries are entitled to request certification of legality of importation of articles on the U.S. Munitions Import List. Upon request of a foreign government, the appropriate ATF officer will certify the importation, on Form ITA-645P/ATF-4522/DSP53, for the U.S. importer. Normally, the U.S. importer will submit this form at the time he applies for an import permit. This document will serve as evidence to the government of the exporti..
The license issued to a collector of curios or relics under the provisions of this part shall cover only transactions by the licensed collector in curios and relics. The collector's license is of no force or effect and a licensed collector is of the same status under the Act and this part as a nonlicensee with respect to (a) any acquisition or disposition of firearms other than curios or relics, or any transportation, shipment, or receipt of firearms other than curios or relics in interstate or ..
(1) Persons required to obtain a permit as provided in § 447.41 must file a Form 6—Part I. The application must be signed and dated and must contain the information requested on the form, including:
The provisions of § 478.98 with respect to the sale or delivery of destructive devices, machine guns, short-barreled shotguns, and short-barreled rifles shall not apply to the sale or delivery of such devices and weapons to any research organization designated by the Director to receive same. A research organization desiring such designation shall submit a letter application, in duplicate, to the Director. Such application shall contain the name and address of the research organization, the name..
(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 ..
(a) Persons engaged in the business of importing firearms are required by the Arms Export Control Act (22 U.S.C. 2778) to register with the Director. (See Part 447 of this chapter.)
Special tax stamps are merely receipts for the tax. Payment of tax under Federal law confers no privilege
to act contrary to State law. One to whom a special tax stamp has been issued may still be punishable under a State law prohibiting or controlling the manufacture, possession or transfer of firearms. On the other hand, compliance with State law confers no immunity under Federal law. Persons who engage in the business of importing, manufacturi..
Persons filing Form 6 applications for the importation of plastic explosives on or after April 24, 1997, shall attach to the application the following written statement, prepared in triplicate, executed under the penalties of perjury:
(f) Applicants desiring to import articles claimed to meet the criteria specified in paragraph (e) of this section shall explain, and certify to, how the firearms meet the criteria. The certification statement will be prepared in letter form, executed under the penalties of perjury, and should be submitted with the application for an import permit. The certification statement must be accompanied by documentary information on the country or area of original manufacture and on the country or area ..
(a) Any firearm or ammunition involved in or used in any knowing violation of subsections (a)(4), (a)(6), (f), (g), (h), (i), (j), or (k) of section 922 of the Act, or knowing importation or bringing into the United States or any possession thereof any firearm or ammunition in violation of section 922(l) of the Act, or knowing violation of section 924 of the Act, or willful violation of any other provision of the Act or of this part, or any violation of any other criminal law of the United State..
The Director shall permit the conditional importation or bringing into the United States or any possession thereof of any firearm, firearm barrel, or ammunition for the purpose of examining and testing the firearm, firearm barrel, or ammunition in connection with making a determination as to whether
the importation or bringing in of such firearm, firearm barrel, or ammunition will be authorized under this part. An application on ATF Form 6 for such condi..
(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..
When one or more members withdraw from a partnership or an unincorporated association, the remaining member, or members, may, without incurring additional special (occupational) tax liability, carry on the same business at the same location for the balance of the taxable period for which special (occupational) tax was paid, provided any such change shall be registered in the same manner as required by § 479.42. Where new member(s) are taken into a partnership or an unincorporated association, th..
The Director shall permit the conditional importation or bringing into the United States of any firearm for the purpose of examining and testing the firearm in connection with making a determination as to whether the importation or bringing in of such firearm will be authorized under this subpart. An application under this section shall be filed on Form 6 (Firearms), in triplicate, with the Director. The Director may impose conditions upon any importation under this section including a requireme..
Within a six-month's period from date of issuance of the permit to export firearms, the exporter shall furnish or cause to be furnished to the Director (a) the certificate of exportation (Part 3 of Form 9 (Firearms)) executed by the District Director of Customs as provided in § 479.117, or (b) the certificate of mailing by parcel post (Part 4 of Form 9 (Firearms)) executed by the postmaster of the post office receiving the parcel containing the firearm, or (c) a certificate of landing executed b..