§ 478.28 Transportation of destructive devices and certain firearms. Transporting destructive devices and certain firearms.

  1. a.(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:

    1. 1.(1) A complete description and identification of the device or weapon to be transported;

    2. 2.(2) A statement whether such transportation involves a transfer of title;

    3. 3.(3) The need for such transportation;

    4. 4.(4) The approximate date such transportation is to take place;

    5. 5.(5) The present location of such device or weapon and the place to which it is to be transported;

    6. 6.(6) The mode of transportation to be used (including, if by common or contract carrier, the name and address of such carrier); and

    7. 7.(7) Evidence that the transportation or possession of such device or weapon is not inconsistent with the laws at the place of destination.

  2. a.(a) Transporting in interstate commerce. The Director specifically authorizes individuals to transport in interstate commerce any machine gun (as defined in 26 U.S.C. 5845(b)), short-barreled rifle, short-barreled shotgun, or destructive device, provided the individual meets the following conditions:

    1. 1.(1) The firearm is properly registered to that individual in the National Firearms Registration and Transfer Record (NFRTR);

    2. 2.(2) The individual is going to a place where the individual may lawfully possess the firearm;

    3. 3.(3) The firearm is being transported for a lawful purpose; and

    4. 4.(4) The individual carries, in paper (original or copy) or electronic form, the firearm’s NFA permit to prove it is registered to the individual in the NFRTR.

  3. b.(b) No person shall transport any destructive device, machine gun, short-barreled shotgun, or short-barreled rifle in interstate or foreign commerce under the provisions of this section until he has received specific authorization so to do from the Director. Authorization granted under this section does not carry or import relief from any other statutory or regulatory provision relating to firearms.

  4. b.(b) Short-term interstate transportation. If the individual is transporting an NFA firearm as authorized under paragraph (a) of this section for short-term purposes (i.e., 365 days or fewer), the Director authorizes such short-term transportation without notifying ATF.

  5. c.(c) This section shall not be construed as requiring licensees to obtain authorization to transport destructive devices, machine guns, short-barreled shotguns, and short-barreled rifles in interstate or foreign commerce: Provided, That in the case of a licensed importer, licensed manufacturer, or licensed dealer, such a licensee is qualified under the National Firearms Act (see also Part 479 of this chapter) and this part to engage in the business with respect to the device or weapon to be transported, and that in the case of a licensed collector, the device or weapon to be transported is a curio or relic.

  6. c.(c) Pass-through interstate transportation. If, during the course of transporting a firearm as authorized under paragraph (a) of this section, the individual passes through a jurisdiction that prohibits the firearm, the Director authorizes such pass-through transportation, provided the individual is transporting the firearm in compliance with 18 U.S.C. 926A (interstate transportation of firearms).

  7. d.(d) Common/contract carrier interstate transportation. Common/contract carrier interstate transportation. If the individual transporting the firearm under paragraph (a) of this section uses a common/contract carrier, the individual must provide the common/contract carrier with a copy of the firearm’s NFA permit to prove it is registered to the individual in the NFRTR. Providing this permit also satisfies the notice requirements of 18 U.S.C. 922(e).

  8. e.(e) Long-term or permanent interstate transportation. If the individual is transporting the firearm under paragraph (a) of this section for purposes of a long-term (more than 365 days) or permanent move, the individual must notify ATF on a form designated by the Director fourteen days prior to the move and is authorized to initiate the move 14 days thereafter, except that:

    1. 1.(1) Such individuals may not initiate the move if, before they do so, the Director rescinds the authorization to transport the firearm because transporting or possessing the firearm would place them in violation of law; and

    2. 2.(2) If exigent circumstances preclude individuals from providing fourteen days’ notice to ATF before initiating the move, they must:

      1. i.(i)Submit the notice as soon as practicable, informing ATF that they have moved (or are about to move) the firearm; and

      2. ii.(ii) Comply with any directions provided by the Director that are necessary to ensure that possessing the firearm in the new location remains in compliance with law.

    3. 3.(3) If a person transports a firearm under paragraph (a) of this section for short-term purposes, which later materializes into a long-term or permanent move, then the person must provide notice under paragraph (f) within seven days of learning of the changed circumstances. The person must comply with any directions subsequently received from the Director to ensure that possessing the firearm remains in compliance with law.

  9. f.(f) Long-term/permanent move notice elements The notice identified in paragraph (e) of this section must include the following:

    1. 1.(1) Registered owner’s identification information and a description of the firearm sufficient to locate it in the NFRTR;

    2. 2.(2) Whether the move involves transferring the title;

    3. 3.(3) Purpose for transporting the firearm;

    4. 4.(4) Approximate transportation start- and end-dates;

    5. 5.(5) Transportation mode (including, if by common/contract carrier, the name and address of such carrier);

    6. 6.(6) Current location of the firearm and the new place to which it will be transported and stored; and

    7. 7.(7) Evidence that transporting or possessing such firearm is not inconsistent with the laws at the destination.

  10. g.(g) Temporary transportation in foreign commerce. An individual temporarily transporting a firearm described in paragraph (a) of this section in foreign commerce (i.e., exporting or transporting out of the United States) must file the notice described in paragraphs (e) and (f) of this section. Individuals must not transport such firearms in foreign commerce until they have received approval from the Director. To permanently export NFA firearms, see 27 CFR 479 subpart H.

  11. h.(h) Relief from other requirements. Authorization granted under this section does not carry or import relief from any other statutory or regulatory provision relating to firearms, including state or local laws that may restrict or prohibit the firearms enumerated in 18 U.S.C. 922(a)(4).

  12. i.(i) Transportation by federal firearms licensees. This section may not be construed as requiring licensees to obtain authorization to transport machine guns, short-barreled rifles, short-barreled shotguns, and destructive devices in interstate or foreign commerce, provided the licensee meets the following conditions:

    1. 1.(1) In the case of a licensed importer, manufacturer, or dealer, the licensee is qualified under the National Firearms Act and this part to engage in the business with respect to the firearms being transported (see also part 479 of this chapter); or

    2. 2.(2) In the case of a licensed collector, the firearm being transported is a curio or relic.