§ 478.112 Importation Importing by a licensed importer.

  1. [RIN 1140-AA68]

    a.(a) No firearm, firearm barrel, or ammunition shall be imported or brought into the United States by a licensed importer (as defined in § 478.11) unless the Director has authorized the importation of the firearm, firearm barrel, or ammunition.

    a.(a) No licensed importer (as defined in § 478.11) may import or bring into the United States any firearm, firearm barrel, or ammunition unless the Director has authorized the importer to import the firearm, firearm barrel, or ammunition.

    1. 1.(1) An application for a permit, ATF Form 6—Part I, to import or bring a firearm, firearm barrel, or ammunition into the United States or a possession thereof under this section must be filed, in triplicate, with the Director. The application must be signed and dated and must contain the information requested on the form, including:

      1.(1) The importer must submit an application for a permit, ATF Form 5330.3A, Application/Permit to Import Firearms, Ammunition, and Defense Articles (“Form 6, part I”), in triplicate, to the Director to import or bring a firearm, firearm barrel, or ammunition into the United States or a possession thereof under this section. The importer must sign and date the application and must include the information requested on the form, including:

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

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

      2. ii.(ii) The country from which the firearm, firearm barrel, or ammunition is to be imported;

        ii.(ii) Country from which importing;

      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 firearm, firearm barrel, or ammunition to be imported, including:

        iv.(iv) Firearm, firearm barrel, or ammunition’s description, including:

        1. A.(A) The name and address of the manufacturer;

          A.(A) Manufacturer’s name and address;

        2. B.(B) The Type ( e.g., rifle, shotgun, pistol, revolver 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 Barrel length, if a firearm or firearm barrel (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 firearm is new or used;

        9. I.(I) The Quantity;

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

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

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

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

      6. vi.(vi) Verification that, if a firearm, it will be identified as required by this part; and

        1. A.(A) If a firearm or ammunition imported or brought in for scientific or research purposes, a statement describing such purpose; or

        2. B.(B) If a firearm or ammunition for use in connection with competition or training pursuant to Chapter 401 of Title 10, U.S.C., a statement describing such intended use; or

          B.(B) If a firearm or ammunition for competition or training pursuant to 19 U.S.C. chapter 401, a statement describing such intended use; or

        3. C.(C) If an unserviceable firearm (other than a machine gun) being imported as a curio or museum piece, a description of how it was rendered unserviceable and an explanation of why it is a curio or museum piece; or

        4. D.(D) If a firearm other than a surplus military firearm, of a type that does not fall within the definition of a firearm under section 5845(a) of the Internal Revenue Code of 1986, and is for sporting purposes, an explanation of why the firearm is generally recognized as particularly suitable for or readily adaptable to sporting purposes; or

          D.(D) If a firearm other than a surplus military firearm, of a type that does not fall within the definition of a firearm under 26 U.S.C. 5845(a), and is for sporting purposes, an explanation of why the firearm is generally recognized as particularly suitable for or readily adaptable to sporting purposes; or

        5. E.(E) If ammunition being imported for sporting purposes, a statement why the ammunition is particularly suitable for or readily adaptable to sporting purposes; or

        6. [RIN 1140-AA96]

          F.(F) If a firearm barrel for a handgun, an explanation why the handgun is generally recognized as particularly suitable for or readily adaptable to sporting purposes.

          F. (F) If a frame, receiver, or barrel, an explanation of why the frame, receiver, or barrel has a configuration that is generally recognized as particularly suitable for or readily adaptable to sporting purposes (e.g., if, at the time it is imported, there is an identified firearm sporting configuration for the frame, receiver, or barrel, regardless of whether that frame, receiver, or barrel had been previously configured on non-sporting firearms, military surplus, or firearms regulated under 27 CFR part 479).

      1. [RIN 1140-AA68]

        i.(i) If the Director approves the application, such approved application will serve as the permit to import the firearm, firearm barrel, or ammunition described therein, and importation of such firearms, firearm barrels, or ammunition may continue to be made by the licensed importer under the approved application (permit) during the period specified thereon. The Director will furnish the approved application (permit) to the applicant and retain two copies thereof for administrative use.

        i.(i) If the Director approves the application, it serves as a permit to import the firearm, firearm barrel, or ammunition, and the licensed importer may continue to import such firearms, firearm barrels, or ammunition under the approved application (permit) during the permit’s specified period. The Director 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 importer will be notified of the basis for the disapproval.

        ii.(ii) If the Director disapproves the application, ATF will notify the importer of the reason.

  3. c.(c) A firearm, firearm barrel, or ammunition imported or brought into the United States or a possession thereof under the provisions of this section by a licensed importer may be released from Customs custody to the licensed importer upon showing that the importer has obtained a permit from the Director for the importation of the firearm, firearm barrel, or ammunition to be released. The importer will also submit to Customs a copy of the export license authorizing the export of the firearm, firearm barrel, or ammunition from the exporting country. If the exporting country does not require issuance of an export license, the importer must submit a certification, under penalty of perjury, to that effect.

    c.(c) A firearm, firearm barrel, or ammunition imported or brought into the United States or a possession thereof under the provisions of this section by a licensed importer may be released from U.S. Customs and Border Protection (CBP) custody to the importer when the importer presents a permit from the Director to release the imported firearm, firearm barrel, or ammunition. The importer will also submit to CBP a copy of the export license authorizing the importer to export the firearm, firearm barrel, or ammunition from the exporting country. If the exporting country does not issue an export license, the importer must submit a certification, under penalty of perjury, to that effect.

    1. 1.(1) In obtaining the release from Customs custody of a firearm, firearm barrel, or ammunition authorized by this section to be imported through the use of a permit, the licensed importer will prepare ATF Form 6A, in duplicate, and furnish the original ATF Form 6A to the Customs officer releasing the firearm, firearm barrel, or ammunition. The Customs officer will, after certification, forward the ATF Form 6A to the address specified on the form.

      1.(1) The importer must prepare ATF Form 5330.3C, Release/Receipt of Imported Firearms, Ammunition, and Defense Articles (“Form 6A”), in duplicate, and furnish the original Form 6A to the CBP officer releasing the firearm, firearm barrel, or ammunition. The CBP officer will, after certification, send the Form 6A to the address specified on the form.

    2. 2.(2) The ATF Form 6A must contain the information requested on the form, including:

      2.(2) Form 6A must contain the information requested on the form, including the:

      1. i.(i) The name, address, and license number of the importer;

        i.(i) Importer’s name, address, and license number;

      2. ii.(ii) The name of the manufacturer of the firearm, firearm barrel, or ammunition;

        ii.(ii) Manufacturer’s name;

      3. iii.(iii) The country of manufacture;

        iii.(iii) Country in which manufactured;

      4. iv.(iv) The Type;

      5. v.(v) The Model;

      6. vi.(vi) The Caliber, gauge, or size;

      7. vii.(vii) The Serial number in the case of firearms, if known; and

      8. viii.(viii) The Number of firearms, firearm barrels, or rounds of ammunition released.

  4. d.(d) Within 15 days of the date of release from Customs custody, the licensed importer must:

    d.(d) Within 15 days after the date CBP releases the item from its custody, the licensed importer must:

    1. 1.(1) Forward to the address specified on the form a copy of ATF Form 6A on which must be reported any error or discrepancy appearing on the ATF Form 6A certified by Customs and serial numbers if not previously provided on ATF Form 6A;

      1.(1) Submit to ATF a copy of Form 6A (address on form) that reports any error or discrepancy appearing on the Form 6A certified by CBP and adds serial numbers if not previously provided on Form 6A;

    2. 2.(2) Pursuant to § 478.92, place all required identification data on each imported firearm if same did not bear such identification data at the time of its release from Customs custody; and

      2.(2) Pursuant to §478.92, place all required identification data on each imported firearm that did not bear such identification data when it was released from CBP custody; and

    3. 3.(3) Post in the records required to be maintained by the importer under subpart H of this part all required information regarding the importation.

      3.(3) Post all required information about the import in the records the importer is required to maintain under subpart H of this part.

  5. e.(e) For firearms imported under a Department of State authorization or the Department of Commerce entry clearance requirements under 15 CFR 758.10 for temporary import that were not marked in accordance with paragraph (d) of this section (e.g., pursuant to a marking exception) and were later converted to a permanent import pursuant to 27 CFR 447.42(c), importers must add identifying markings as prescribed in § 478.92 or § 479.102 of this part, as applicable, within 15 days after ATF approves the conversion.

    1. 1.(1) For firearms to which identifying markings were added after the item was converted to a permanent import, importers must also submit a Form 6A to ATF within the same 15-day period. Form 6A must identify the converted items, include serial numbers for converted firearms in accordance with paragraph (d) of this section, and note that they are converted items. Importers do not need to submit a copy of Form 6A to CBP, because these items were released from CBP custody when temporarily imported.

    2. 2.(2) When ATF approves the conversion, it does not relieve importers or owners from statutory or regulatory provisions, including record-keeping or notice obligations, administered or enforced by the agency that approved the items’ temporary import.