ATF eRegulations

§ 447.42 Application for permit. Applying for permit.

1. a.(a)

   1. 1.(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:

      1.(1) Persons required to obtain a permit as provided in § 447.41 must file a Form 5330.3A, Application/Permit to Import Firearms, Ammunition, and Defense Articles (“Form 6, part I”). The application must be signed and dated and must contain the information requested on the form, including:

      1. i.(i) The name, address, telephone number, license and registration number, if any (including expiration date) of the importer;

         i.(i) Importer’s name, address, telephone number, license and registration number, if any (including expiration date);

      2. ii.(ii) The country from which the defense article is to be imported;

         ii.(ii) Country from which importing the defense article;

      3. iii.(iii) The name and address of the foreign seller and foreign shipper;

         iii.(iii) Foreign seller and foreign shipper’s name and address;

      4. iv.(iv) A description of the defense article to be imported, including—

         iv.(iv) Description of the defense article being imported, including:

         1. A.(A) The name and address of the manufacturer of the defense article, or “privately made firearm” (if a firearm privately made in the United States);

            A.(A) Manufacturer’s name and address (including for a “privately made firearm,” if a firearm privately made in the United States);

         2. B.(B) The type (e.g., rifle, shotgun, pistol, revolver, aircraft, vessel, and in the case of ammunition only, ball, wadcutter, shot, etc.);

            B.(B) Type (e.g., rifle, shotgun, pistol, revolver, aircraft, vessel, and in the case of ammunition only, ball, wadcutter, shot, etc.);

         3. C.(C) The Caliber, gauge, or size;

         4. D.(D) The Model;

         5. E.(E) The Length of barrel, if any (in inches);

         6. F.(F) The Overall length, if a firearm (in inches);

         7. G.(G) The Serial number, if known;

         8. H.(H) Whether the defense article is new or used;

         9. I.(I) The Quantity;

         10. J.(J) The unit cost of the firearm, firearm barrel, ammunition, or other defense article to be imported;

             J.(J) Firearm, firearm barrel, ammunition, or other defense article’s unit cost;

         11. K.(K) The category of U.S. Munitions Import List under which the article is regulated;

             K.(K) Category of U.S. Munitions Import List under which the article is regulated;

      5. v.(v) The specific purpose of importation, including final recipient information if different from the importer; and

         v.(v) Specific purpose for importing, including final recipient information if different from the importer; and

      6. vi.(vi) Certification of origin.

   2. 2.(2)

      1. i.(i) If the appropriate ATF officer approves the application, such approved application will serve as the permit to import the defense article described therein, and importation of such defense article may continue to be made by the licensed/registered importer (if applicable) under the approved application (permit) during the period specified thereon. The appropriate ATF officer will furnish the approved application (permit) to the applicant and retain two copies thereof for administrative use.

         i.(i) If the appropriate ATF officer approves the application, it serves as a permit to import the described defense article. The licensed/registered importer (if applicable) may continue to import such defense articles under the approved application (permit) during the permit’s specified period. The appropriate ATF officer will furnish the approved application (permit) to the applicant and retain two copies for administrative use.

      2. ii.(ii) If the Director disapproves the application, the licensed/registered importer (if applicable) will be notified of the basis for the disapproval.

         ii.(ii) If the Director disapproves the application, ATF will notify the licensed/registered importer (if applicable) of the reason.

2. b.(b) For additional requirements relating to the importation of plastic explosives into the United States on or after April 24, 1997, see § 555.183 of this title.

   b.(b) If importing plastic explosives into the United States, see § 555.183 of this title for additional requirements.

3. c.(c) When a licensed importer wishes to permanently import items that are already in the United States pursuant to a temporary import license (DSP-61) issued by the Department of State (or an exemption under 22 CFR 123.4) or pursuant to entry clearance requirements for temporary imports maintained by the Department of Commerce under 15 CFR 758.10, the importer must submit a Form 6, part I to apply for approval from ATF pursuant to the Arms Export Control Act.

   1. 1.(1) When importing under paragraph (c), importers must complete a Form 6, part I as if the item were being imported directly from the foreign source from which it was temporarily imported, except that importers must attach to the Form 6, part I a copy of the DSP-61 issued by the Department of State, entry documents showing that they claimed an exemption under 22 CFR 123.4, or a copy of the temporary import entry clearance documents the importer provided to U.S. Customs and Border Protection pursuant to 15 CFR 758.10. Importers must also indicate on Form 6, part I that they intend to convert the temporary import to a permanent import.

   2. 2.(2) The Director will approve such applications if:

      1. i.(i) The licensed importer submits the information as required by paragraph (c)(1);

      2. ii.(ii) The items being converted may be imported consistent with the provisions of this part, the Gun Control Act (18 U.S.C. chapter 44), and the National Firearms Act (26 U.S.C. chapter 53);

      3. iii.(iii) Permanently importing the items would not violate any other federal law or regulation; and

      4. iv.(iv) At the time the application was submitted, the firearms were lawfully present in the United States pursuant to a valid temporary import license (DSP-61) issued by the Department of State (or an exemption under 22 CFR 123.4) or in compliance with entry clearance requirements under 15 CFR 758.10.

   3. 3.(3) For applications approved under this paragraph, the Director will indicate they are valid unless and until revoked.