§ 478.114 Importation by members of the U.S. Armed Forces.

  1. a.(a) The Director may issue a permit authorizing the importation of a firearm or ammunition into the United States to the place of residence of any military member of the U.S. Armed Forces who is on active duty outside the United States, or who has been on active duty outside the United States within the 60-day period immediately preceding the intended importation: Provided, That such firearm or ammunition is generally recognized as particularly suitable for or readily adaptable to sporting purposes and is intended for the personal use of such member.

    1. 1.(1) An application for a permit, ATF Form 6—Part II, to import a firearm or ammunition into the United States 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 Director may issue a permit authorizing the importation of a firearm or ammunition into the United States to the place of residence of any military member of the U.S. Armed Forces who is on active duty outside the United States, or who has been on active duty outside the United States within the 60-day period immediately preceding the intended importation: Provided, That such firearm or ammunition is generally recognized as particularly suitable for or readily adaptable to sporting purposes and is intended for the personal use of such member.

      1. i.(i) The name, current address, and telephone number of the applicant;

      2. ii.(ii) Certification that the transportation, receipt, or possession of the firearm or ammunition to be imported would not constitute a violation of any provision of the Act or of any State law or local ordinance at the place of the applicant's residence;

      3. iii.(iii) The country from which the firearm or ammunition is to be imported;

      4. iv.(iv) The name and address of the foreign seller and foreign shipper;

      5. v.(v) A description of the firearm or ammunition to be imported, including:

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

        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 (in inches);

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

        7. G.(G) The serial number;

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

        9. I.(I) The quantity;

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

      6. vi.(vi) The specific purpose of importation, that is—

        1. A.(A) That the firearm or ammunition being imported is for the personal use of the applicant; and

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

  • C.(C) If ammunition, a statement why it is generally recognized as particularly suitable for or readily adaptable to sporting purposes; and

  • vii.(vii) The applicant's date of birth;

  • viii.(viii) The applicant's rank or grade;

  • ix.(ix) The applicant's place of residence;

  • x.(x) The applicant's present foreign duty station or last foreign duty station, as the case may be;

  • xi.(xi) The date of the applicant's reassignment to a duty station within the United States, if applicable; and

  • xii.(xii) The military branch of which the applicant is a member.

    1. i.(i) If the Director approves the application, such approved application will serve as the permit to import the firearm or ammunition described therein. The Director will furnish the approved application (permit) to the applicant and retain two copies thereof for administrative use.

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

  • 2.(2) or purposes of this section, a frame or receiver 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 or receiver, regardless of whether it had been previously configured on non-sporting firearms, military surplus, or firearms regulated under 27 CFR part 479.

  • b.(b) Except as provided in paragraph (b)(3) of this section, a firearm or ammunition imported into the United States under the provisions of this section by the applicant may be released from Customs custody to the applicant upon showing that the applicant has obtained a permit from the Director for the importation of the firearm or ammunition to be released.

    1. 1.(1) In obtaining the release from Customs custody of a firearm or ammunition authorized by this section to be imported through the use of a permit, the military member of the U.S. Armed Forces will prepare ATF Form 6A and furnish the completed form to the Customs officer releasing the firearm or ammunition. The Customs officer will, after certification, forward the ATF Form 6A to the address specified on the form.

    2. 1.(1) Military members must submit to the Director an ATF Form 5330.3B, Application/Permit to Import Firearms, Ammunition, and Defense Articles (Military) (“Form 6, part II”) in triplicate, to import a firearm or ammunition into the United States under this section. The military members must sign and date the application and must provide the information requested on the form, including:

      1. i.(i) Applicant’s name, current address, and telephone number;

      2. ii.(ii) Certification that transporting, receiving, or possessing the firearm or ammunition would not violate any provision of the Act or any state law or local ordinance where the applicant resides;

      3. iii.(iii) Country from which importing;

      4. iv.(iv) Foreign seller or shipper’s name and address;

      5. v.(v) Description of the firearm or ammunition being imported, including:

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

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

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

        4. D.(D) Model;

        5. E.(E) Barrel length, if a firearm (in inches);

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

        7. G.(G) Serial number;

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

        9. I.(I) Quantity;

        10. J.(J) Firearm or ammunition’s unit cost;

      6. v.(v) Statement of specific purpose for importing, which is —

        1. A.(A) For the applicant’s personal use; and

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

        3. C.(C) If ammunition, why it is generally recognized as particularly suitable for or readily adaptable to sporting purposes;

      7. vii.(vii) Applicant’s birthdate;

      8. viii.(viii) Applicant’s rank or grade;

      9. ix.(ix) Applicant’s residence address;

      10. x.(x) Applicant’s present foreign duty station or last foreign duty station, as the case may be;

      11. xi.(xi) Date applicant was reassigned to a duty station within the United States, if applicable; and

      12. xii.(xii) Applicant’s military branch.

    3. 2.(2) The ATF Form 6A must contain the information requested on the form, including:

      1. i.(i) The name and address of the military member;

        i.(i) If the Director approves the application, it serves as a permit to import the firearm or ammunition. The Director will furnish the approved application (permit) to the applicant and retain two copies for administrative use.

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

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

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

      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) If applicable, the number of firearms or rounds of ammunition released.

    4. 3.(3) When such military member is on active duty outside the United States, the military member may appoint, in writing, an agent to obtain the release of the firearm or ammunition from Customs custody for such member. Such agent will present sufficient identification of the agent and the written authorization to act on behalf of such military member to the Customs officer who is to release the firearm or ammunition.

  • c.(c) Firearms determined by the Department of Defense to be war souvenirs may be imported into the United States by the military members of the U.S. Armed Forces under such provisions and procedures as the Department of Defense may issue.

    c.(c) Except as provided in paragraph (c)(3) of this section, a firearm or ammunition imported into the United States under the provisions of this section by the applicant may be released from Customs custody to the applicant when the applicant presents a permit from the Director to release the imported firearm or ammunition.

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

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

      1. i.(i) Military member’s name and address;

      2. ii.(ii) Manufacturer’s name;

      3. iii.(iii) Country in which manufactured;

      4. iv.(iv) Type;

      5. v.(v) Model;

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

      7. vii.(vii) Serial number in the case of firearms; and

      8. viii.(viii) If applicable, number of firearms or rounds of ammunition released.

    3. 3.(3) When military members are on active duty outside the United States, they may appoint, in writing, an agent to complete the requirements in paragraphs (c)(1) and (2) of this section and collect the firearm or ammunition on their behalf. The agents must provide the written authorization and sufficient identification documents to the Customs officer releasing the firearm or ammunition.

  • d.(d) Department of Defense provisions and procedures may authorize U.S. military members to import firearms the Department of Defense determines to be war souvenirs.