§ 478.113 Importation by other licensees.

  1. a.(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 purposes shall be imported or brought into the United States or a possession thereof by any person. Therefore, no firearm barrel shall be imported or brought into the United States or possession thereof by any licensee other than a licensed importer unless the Director issues a permit authorizing the importation of the firearm barrel.

    a.(a)

    1. 1.(1) No person other than a licensed importer (as defined in § 478.11) may engage in the business of importing firearms or ammunition. Therefore, no firearm or ammunition may 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 licensee to import the firearm or ammunition. No person may import or bring into the United States or a possession thereof a frame, receiver, or barrel not generally recognized as particularly suitable for or readily adaptable to sporting purposes. Therefore, no frame, receiver, or barrel shall be imported or brought into the United States or possession thereof by any licensee other than a licensed importer unless the Director issues a permit authorizing the licensee to import the frame, receiver, or barrel.

    2. 2.(2) For purposes of importing under this section, a frame, receiver, or barrel may be considered particularly suitable for or readily adaptable to sporting purposes 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. 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 by a licensee, other than a licensed importer, 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 licensee must submit an application for a permit, ATF Form 5330.3A, Application/Permit to Import Firearms, Ammunition, and Defense Articles, to import or bring a firearm, firearm barrel, or ammunition into the United States or a possession thereof in triplicate to the Director. The licensee 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 applicant;

        i.(i) Licensee’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) Description of the firearm, firearm barrel, or ammunition being imported, 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 applicant; and

        v.(v) Specific purpose for importing, including final recipient information if different from the applicant; 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 10 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 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. 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 is generally recognized as particularly suitable for or readily adaptable to sporting purposes.

      1. 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 applicant 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 licensee 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 licensee and retain two copies for administrative use.

      2. ii.(ii) If the Director disapproves the application, the applicant will be notified of the basis for the disapproval.

        ii.(ii) If the Director disapproves the application, ATF will notify the licensee 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 may be released from Customs custody to the licensee upon showing that the licensee has obtained a permit from the Director for the importation of the firearm, firearm barrel, or ammunition to be released.

    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 licensee may be released from Customs custody to the licensee when the licensee presents a permit from the Director to release the imported firearm, firearm barrel, or ammunition.

    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 licensee 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 licensee 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 Customs officer releasing the firearm, firearm barrel, or ammunition. The Customs 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 the:

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

        i.(i) Licensee’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; and

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