Title 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS
Chapter II--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES,


Subpart A_Scope Sec. 447.1 General. 447.2 Relation to other laws and regulations. ...


other laws and regulations. (a) All of those items on the U.S. Munitions Import List (see Sec. 447.21) which are ``firearms'' or ``ammunition'' as defined in 18...


terms. When used in this part and in forms prescribed under this part, where not otherwise distinctly expressed or manifestly incompatible with the intent...


The U.S. Munitions Import List. The U.S. Munitions List compiled by the Department of State, Office of Defense Trade Controls, and published at 22 CFR 121.1, with...


Forgings, castings, and machined bodies. Articles on the U.S. Munitions Import List include articles in a partially completed state (such as forgings, castings, extrusions,...


Persons engaged in the business, in the United States, of importing articles enumerated on the U.S. Munitions Import List must register by making...


registration and refund of fee. (a) Application for registration must be filed on ATF Form 4587 and must be accompanied by the registration fee at the rate prescribed...


changes in information furnished by registrants. Registered persons shall notify the appropriate ATF officer in writing, in duplicate, of significant changes in...


records by persons required to register as importers of Import List articles. (a) Registrants under this part engaged in the business of importing articles...


(a) The appropriate ATF officer is authorized to prescribe all forms required by this part. All of the information called for in each form shall be furnished...


(a) Articles on the U.S. Munitions Import List will not be imported into the United States except pursuant to a permit under this subpart. For articles...


permit. (a)(1) Persons required to obtain a permit as provided in Sec. 447.41 must file a Form 6--Part I. The application must be signed and dated and must...


(a) Import permits issued under this subpart are valid for one year from their issuance date unless a different period of validity is stated thereon. They are...


or suspension. (a) Import permits under this subpart may be denied, revoked, suspended or revised without prior notice whenever the appropriate ATF...


(a) Articles subject to the import permit procedures of this subpart imported into the United States may be released from Customs custody to the person authorized...


transit. Articles subject to the import permit procedures of this subpart which enter the United States for temporary deposit pending removal therefrom and such...


and delivery verification. Pursuant to agreement with the United States, certain foreign countries are entitled to request certification of legality...


Import restrictions applicable to certain countries. (a) It is the policy of the United States to deny licenses and other approvals with respect to defense articles and...


(a) The provisions of this part are not applicable to: (1) Importations by the United States or any agency thereof; (2) Importation of components for...


inapplicable. The functions conferred under section 38, Arms Export Control Act of 1976, as amended, are excluded from the operation of Chapter 5, Title...


State and Defense consulted. The administration of the provisions of this part will be subject to the guidance of the Secretaries of State and Defense on...


Authority of Customs officers. (a) Officers of the U.S. Customs Service are authorized to take appropriate action to assure compliance with this part and with 27 CFR...


defense articles. (a)(1) Notwithstanding any other provision of this part or of parts 478 or 479 of this chapter, no military defense article of United...


the Director. The regulatory authorities of the Director contained in this part are delegated to appropriate ATF officers. These ATF officers are specified in...


Unlawful importation. Any person who willfully: (a) Imports articles on the U.S. Munitions Import List without a permit; (b) Engages in the business...


False statements or concealment of facts. Any person who willfully, in a registration or permit application, makes any untrue statement of a material fact or fails to state...


Seizure and forfeiture. Whoever knowingly imports into the United States contrary to law any article on the U.S. Munitions Import List; or receives, conceals, buys,...


Subpart A_Introduction Sec. 478.1 Scope of regulations. 478.2 Relation to other provisions of law. ...


law. The provisions in this part are in addition to, and are not in lieu of, any other provision of law, or regulations, respecting commerce in firearms or ammunition....


law. The provisions in this part are in addition to, and are not in lieu of, any other provision of law, or regulations, respecting commerce in firearms or ammunition....
...


(a) The Director is authorized to prescribe all forms required by this part. All of the information called for in each form shall be furnished as indicated by...


or procedures; emergency variations from requirements. (a) Alternate methods or procedures. The licensee, on specific approval by the Director as provided in...


entry and examination. (a) Except as provided in paragraph (b), any ATF officer, when there is reasonable cause to believe a violation of the Act has occurred and...


State laws and published ordinances. (a) The Director shall annually revise and furnish Federal firearms licensees with a compilation of State laws and published...


information. The Director of Industry Operations may make available to any Federal, State or local law enforcement agency any information which is obtained by reason...


requests for information. Each licensee shall respond immediately to, and in no event later than 24 hours after the receipt of, a request by an ATF officer at...


determination. Any person who desires to obtain a determination whether a particular firearm is a curio or relic shall submit a written request, in duplicate, for...


determination. The Director shall determine in accordance with 18 U.S.C. 921(a)(4) whether a device is excluded from the definition of a destructive device. A...


destructive devices and certain firearms. (a) The Director may authorize a person to transport in interstate or foreign commerce any destructive device, machine...


of firearms by nonlicensees. No person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, shall transport into...


firearms by nonresidents. No person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, who does not reside in any...


of firearms by nonlicensees. No nonlicensee shall transfer, sell, trade, give, transport, or deliver any firearm to any other nonlicensee, who the transferor...


common or contract carrier. (a) No person shall knowingly deliver or cause to be delivered to any common or contract carrier for transportation or shipment in interstate...


transportation, possession, or receipt of firearms and ammunition by certain persons. (a) No person may ship or transport any firearm or ammunition in...


ammunition. No person shall transport or ship in interstate or foreign commerce any stolen firearm or stolen ammunition knowing or having reasonable cause to...


No person shall steal or unlawfully take or carry away from the person or the premises of a person who is licensed to engage in the business of...


or altered serial number. No person shall knowingly transport, ship, or receive in interstate or foreign commerce any firearm which has had the importer's...


and similar shooting activities. Licensing and recordkeeping requirements, including permissible alternate records, for skeet, trap, target, and similar...


possession of machine guns. No person shall transfer or possess a machine gun except: (a) A transfer to or by, or possession by or under the authority of, the...


and sale of armor piercing ammunition. No person shall manufacture or import, and no manufacturer or importer shall sell or deliver, armor piercing...


firearms. Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not...


semiautomatic rifles or shotguns. (a) No person shall assemble a semiautomatic rifle or any shotgun using more than 10 of the imported parts listed in paragraph (c) of...


or loss of firearms. Each licensee shall report the theft or loss of a firearm from the licensee's inventory (including any firearm which has been transferred from...


and possession of semiautomatic assault weapons. (a) Prohibition. No person shall manufacture, transfer, or possess a semiautomatic assault weapon. ...


possession of large capacity ammunition feeding devices. (a) Prohibition. No person shall transfer or possess a large capacity ammunition feeding device. ...


(a) Each person intending to engage in business as an importer or manufacturer of firearms or ammunition, or a dealer in firearms shall, before commencing such business, obtain...


applicant shall pay a fee for obtaining a firearms license or ammunition license, a separate fee being required for each business or collecting activity at each place of such...


No refund of any part of the amount paid as a license fee shall be made where the operations of the licensee are, for any reason, discontinued during the period of an...


(a)(1) Any person who intends to engage in business as a firearms or ammunition importer or manufacturer, or firearms dealer, or who has not previously been licensed under...


If a licensee intends to continue the business or activity described on a license issued under this part during any portion of the ensuing year, the licensee shall, unless...


If an application is filed with an insufficient fee, the application and any fee submitted will be returned to the applicant. (18 U.S.C. 847 (84 Stat. 959); 18 U.S.C. 926 (82...


(a) Upon receipt of a properly executed application for a license on ATF Form 7, ATF Form 7CR, or ATF Form 8 Part II, the Chief, National Licensing Center, shall, upon...


(a) Upon receipt of a license issued under the provisions of this part, each licensee shall examine same to ensure that the information contained thereon is accurate....


The license entitles the person to whom issued to engage in the business or activity specified on the license, within the limitations of the Act and the regulations contained in...


The license covers the class of business or the activity specified in the license at the address specified therein. A separate license must be obtained for each location...


Licenses issued under this part are not transferable. In the event of the lease, sale, or other transfer of the operations authorized by the license, the successor must...


(a) Licensees may during the term of their current license remove their business or activity to a new location at which they intend regularly to carry on such business or...


A licensee continuing to conduct business at the location shown on his license is not required to obtain a new license by reason of a mere change in trade name under which...


In the case of a corporation or association holding a license under this part, if actual or legal control of the corporation or association changes, directly or indirectly, whether...


Where, under the laws of the particular State, the partnership is not terminated on death or insolvency of a partner, but continues until the winding up of the...


(a) Certain persons other than the licensee may secure the right to carry on the same firearms or ammunition business at the same address shown on, and for...


(a) Where a firearm or ammunition business is either discontinued or succeeded by a new owner, the owner of the business discontinued or succeeded shall within 30 days...


A license issued under this part confers no right or privilege to conduct business or activity contrary to State or other law. The holder of such a license is not by reason of...


Upon receipt of an incomplete or improperly executed application on ATF form 7 (5310.12), or ATF Form 8 (5310.11) Part II, the applicant shall be notified of the deficiency in...


A licensee who furnishes his license to the Chief, National Licensing Center for correction or endorsement in compliance with the provisions contained in this...


license. Whenever the Director of Industry Operations has reason to believe that an applicant is not qualified to receive a license under the provisions of...


If the applicant for an original or renewal license desires a hearing to review the denial of his application, he shall file a request therefor, in duplicate,...


or imposition of civil fine. (a) Basis for action. Whenever the Director of Industry Operations has reason to believe that a licensee has willfully violated...


notice of suspension, revocation, or imposition of civil fine. If a licensee desires a hearing after receipt of a notice of suspension or revocation of a license,...


licensee. All notices and other documents required to be served on an applicant or licensee under this subpart shall be served by certified mail or by personal...


An applicant or licensee may be represented by an attorney, certified public accountant, or other person recognized to practice before the Bureau of Alcohol,...


The designated place of the hearing shall be a location convenient to the aggrieved party. [T.D. ATF-270, 53 FR 10496, Mar....


notice. In any case where denial, suspension, or revocation proceedings are pending before the Bureau of Alcohol, Tobacco and Firearms, or notice of...


[Code of Federal Regulations] [Title 27, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 27CFR478.91] [Page 86] TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS CHAPTER II--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DEPARTMENT OF JUSTICE PART 478_COMMERCE IN FIREARMS AND AMMUNITION--Table of Contents Subpart F_Conduct of Business Sec. 478.91 Posting of license. Any license issued under this part shall be kept posted and kept available for inspection on the premises covered by the license. ...


and licensed importers identify firearms, armor piercing ammunition, and large capacity ammunition feeding devices? (a)(1) Firearms. You, as a...


a licensed collector. The license issued to a collector of curios or relics under the provisions of this part shall cover only transactions by the licensed collector...


A licensed importer, licensed manufacturer, or licensed dealer selling or otherwise disposing of firearms, and a licensed collector selling or...


The license furnished to each person licensed under the provisions of this part contains a purchasing certification statement. This original license may be...


sales. (a) The provisions of this section shall apply when a firearm is purchased by or delivered to a person not otherwise prohibited by the Act from purchasing...


(a) A licensee may lend or rent a firearm to any person for temporary use off the premises of the licensee for lawful sporting purposes: Provided, That the...


devices and certain firearms. The sale or delivery by a licensee of any destructive device, machine gun, short-barreled shotgun, or short-barreled rifle, to...


or deliveries. (a) Interstate sales or deliveries. A licensed importer, licensed manufacturer, licensed dealer, or licensed collector shall not sell or deliver...


from licensed premises. (a)(1) A licensee may conduct business temporarily at a gun show or event as defined in paragraph (b) if the gun show or event is located in...


Every licensee shall maintain firearms and armor piercing ammunition records in such form and manner as is prescribed by subpart H of this part. [T.D. ATF-270,...


firearms on and after November 30, 1998. (a) Background check. Except as provided in paragraph (d) of this section, a licensed importer, licensed manufacturer, or...


written notification to purchasers of handguns. (a) Each licensed importer, manufacturer, dealer, or collector who delivers a handgun to a nonlicensee shall provide...


(a) Section 922(a)(3) of the Act makes it unlawful, with certain exceptions not pertinent here, for any person other than a licensee to transport into or receive in the State...


(a) No firearm, firearm barrel, or ammunition shall be imported or brought into the United States by a licensed importer (as defined in Sec. 478.11) unless...


(a) No person other than a licensed importer (as defined in Sec. 478.11) shall engage in the business of importing firearms or ammunition. Therefore, no firearm...


by nonlicensees. (a) A permit will not be issued for a firearm barrel for a handgun not generally recognized as particularly suitable for or readily adaptable...


the U.S. Armed Forces. (a) The Director may issue a permit authorizing the importation of a firearm or ammunition into the United States to the place of residence...


(a) Firearms and ammunition may be brought into the United States or any possession thereof by any person who can establish to the satisfaction of Customs that such...


The Director shall permit the conditional importation or bringing into the United States or any possession thereof of any firearm, firearm barrel, ammunition,...


In the insular possessions of the United States outside customs territory, the functions performed by U.S. Customs officers under this subpart within a...


classified as curios or relics. Notwithstanding any other provision of this part, a licensed importer may import all rifles and shotguns classified by the...


devices. (a) No ammunition feeding device shall be imported or brought into the United States unless the Director has authorized the importation of...


by or for a nonimmigrant alien. (a) Any nonimmigrant alien who completes an ATF Form 6 to import firearms or ammunition into the United States, or any...


(a) The records pertaining to firearms transactions prescribed by this part shall be retained on the licensed premises in the manner prescribed by this subpart and for the length of...


(a) Each licensed importer shall, within 15 days of the date of importation or other acquisition, record the type, model, caliber or gauge, manufacturer,...


(a) Each licensed manufacturer shall record the type, model, caliber or gauge, and serial number of each complete firearm manufactured or otherwise...


(a) A licensed importer, licensed manufacturer, or licensed dealer shall not sell or otherwise dispose, temporarily or permanently, of any firearm to any person,...


in lieu of record of receipt and disposition. (a) A licensed dealer acquiring firearms after August 1, 1988 and contemplating the disposition of not more than...


(a) Armor piercing ammunition sales by licensed collectors to nonlicensees. The sale or other disposition of armor piercing ammunition by licensed...


(a) Notwithstanding any other provision of this subpart, a licensed manufacturer, licensed importer, or licensed dealer is not required to comply with...


(a) Each licensee shall, when required by letter issued by the Director of Industry Operations, and until notified to the contrary in writing by such...


other disposition of pistols and revolvers. Each licensee shall prepare a report of multiple sales or other disposition whenever the licensee sells or otherwise...


Where a licensed business is discontinued and succeeded by a new licensee, the records prescribed by this subpart shall appropriately reflect such facts and shall...


(a) Any person who knowingly makes any false statement or representation in applying for any license or exemption or relief from disability, under the...


(a) Records prior to Act. Licensed importers and licensed manufacturers may dispose of records of sale or other disposition of firearms prior to December 16, 1968. Licensed...


to a NICS check. (a)(1) A licensed importer, licensed manufacturer, or licensed dealer whose sale, delivery, or transfer of a firearm is made pursuant to...


weapons and large capacity ammunition feeding devices to law enforcement officers for official use and to employees or contractors of nuclear facilities. ...


semiautomatic assault weapons. The evidence specified in Sec. 478.40(c), relating to transactions in semiautomatic assault weapons, shall be retained in the...


officers. (a) Law enforcement officers purchasing firearms for official use who provide the licensee with a certification on agency letterhead, signed by a...


With the exception of Sec. Sec. 478.32(a)(9) and (d)(9) and 478.99(c)(9), the provisions of this part shall not apply with respect to: (a) The...


and expunctions of convictions. (a) A pardon granted by the President of the United States regarding a Federal conviction for a crime punishable by imprisonment for a...


incurred by indictment. A licensed importer, licensed manufacturer, licensed dealer, or licensed collector who is indicted for a crime punishable...


disabilities under the Act. (a) Any person may make application for relief from the disabilities under section 922 (g) and (n) of the Act (see Sec. 478.32). (b)...


The provisions of Sec. 478.98 with respect to the sale or delivery of destructive devices, machine guns, short-barreled shotguns, and short-barreled rifles...


mail to certain persons. The provisions of this part shall not be construed as prohibiting a licensed importer, licensed manufacturer, or licensed dealer from depositing...


A person not otherwise prohibited by Federal, State or local law may ship a firearm to a licensed importer, licensed manufacturer, or licensed dealer for any...


intended for sporting or industrial purposes. The Director may exempt certain armor piercing ammunition from the requirements of this part. A person...


manufactured or imported for the purpose of testing or experimentation. The provisions of Sec. Sec. 478.37 and 478.99(d) with respect to the manufacture...


NICS in certain geographical locations. (a) The provisions of Sec. 478.102(d)(3) shall be applicable when the Director has certified that compliance with the provisions...


or shotguns for testing or experimentation. (a) The provisions of Sec. 478.39 shall not apply to the assembly of semiautomatic rifles or shotguns for...


forfeiture. (a) Any firearm or ammunition involved in or used in any knowing violation of subsections (a)(4), (a)(6), (f), (g), (h), (i), (j), or (k) of section 922...


weapons and large capacity ammunition feeding devices manufactured or imported for the purposes of testing or experimentation. The provisions of Sec....


Firearms and ammunition shall be exported in accordance with the applicable provisions of section 38 of the Arms Export Control Act (22 U.S.C. 2778) and regulations...


General. Subpart A_Scope of Regulations Sec. 479.1 General. ...


Meaning of terms. When used in this part and in forms prescribed under this part, where not otherwise distinctly expressed or manifestly incompatible with...


479.21 Forms prescribed. (a) The Director is authorized to prescribe all forms required by this part. All of the information called for in each form shall...


479.22 Right of entry and examination. Any ATF officer or employee of the Bureau of Alcohol, Tobacco and Firearms duly authorized to perform any function relating...


479.23 Restrictive use of required information. No information or evidence obtained from an application, registration, or record required to be submitted or...


479.24 Destructive device determination. The Director shall determine in accordance with 26 U.S.C. 5845(f), whether a device is excluded from the definition of...


479.25 Collector's items. The Director shall determine in accordance with 26 U.S.C. 5845(a), whether a firearm or device, which although originally designed as...


479.26 Alternate methods or procedures; emergency variations from requirements. (a) Alternate methods or procedures. Any person subject to the provisions...


Liability for tax. (a) General. Every person who engages in the business of importing, manufacturing, or dealing in (including pawnbrokers) firearms in...


Special (occupational) tax rates. (a) Prior to January 1, 1988, the special (occupational) tax rates were...


479.32a Reduced rate of tax for small importers and manufacturers. (a) General. Effective January 1, 1988, 26 U.S.C. 5801(b) provides for a reduced rate of special...


Special exemption. (a) Any person required to pay special (occupational) tax under this part shall be relieved from payment of that tax if he establishes to...


479.34 Special tax registration and return. (a) General. Special tax shall be paid by return. The prescribed return is ATF Form 5630.7, Special Tax Registration...


479.35 Employer identification number. (a) Requirement. The employer identification number (defined in 26 CFR 301.7701-12) of the taxpayer who has been assigned such...


The special tax stamp, receipt for special (occupational) taxes. Upon filing a properly completed and executed return (Form 5630.7) accompanied by remittance...


Certificates in lieu of stamps lost or destroyed. When a special tax stamp has been lost or destroyed, such fact should be reported immediately to the...


Engaging in business at more than one location. A person shall pay the special (occupational) tax for each location where he engages in any business taxable under...


Engaging in more than one business at the same location. If more than one business taxable under 26 U.S.C. 5801, is carried on at the same location during a...


Partnership liability. Any number of persons doing business in partnership at any one location shall be required to pay but one special...


Single sale. A single sale, unattended by circumstances showing the one making the sale to be engaged in business, does not create special (occupational)...


Changes through death of owner. Whenever any person who has paid special (occupational) tax dies, the surviving spouse or child, or executors or administrators,...


Changes through bankruptcy of owner. A receiver or referee in bankruptcy may continue the business under the stamp issued to the taxpayer at the place and for...


Change in partnership or unincorporated association. When one or more members withdraw from a partnership or an unincorporated association, the remaining member,...


Changes in corporation. Additional special (occupational) tax is not required by reason of a mere change of name or increase in the capital stock of a corporation...


479.46 Notice by taxpayer. Whenever during the taxable year a taxpayer intends to remove his business to a location other than specified in his last...


Notice by taxpayer. Whenever during the taxable year a taxpayer intends to change the name of his business, he shall file with ATF (a) a return, Form...


Failure to pay special (occupational) tax. Any person who engages in a business taxable under 26 U.S.C. 5801, without timely payment of the tax imposed with...


Failure to register change or removal. Any person succeeding to and carrying on a business for which special (occupational) tax has been paid without registering...


Delinquency. Any person liable for special (occupational) tax under section 5801, I.R.C., who fails to file a return (Form 5630.7), as prescribed, will be...


479.51 Fraudulent return. If any part of any underpayment of tax required to be shown on a return is due to fraud, there shall be added...


State regulations. Special tax stamps are merely receipts for the tax. Payment of tax under Federal law confers no privilege to act contrary to State law. One...


Rate of tax. Except as provided in this subpart, there shall be levied, collected, and paid upon the making of a firearm a tax at the rate of $200 for...


Application to make. No person shall make a firearm unless the person has filed with the Director a written application on Form 1 (Firearms), Application to...


Identification of applicant. If the applicant is an individual, the applicant shall securely attach to each copy of the Form 1 (Firearms), in the space provided...


Procedure for approval of application. The application to make a firearm, Form 1 (Firearms), must be forwarded directly, in duplicate, by the maker of the firearm to...


Denial of application. An application to make a firearm shall not be approved by the Director if the making or possession of the firearm would place the...


Subsequent transfer of firearms. Where a firearm which has been made in compliance with 26 U.S.C. 5821, and the regulations contained in this part, is to be...


Cancellation of stamp. The person affixing to a Form 1 (Firearms) a ``National Firearms Act'' stamp shall cancel it by writing or stamping thereon, in ink,...


Qualified manufacturer. A manufacturer qualified under this part to engage in such business may make firearms without payment of the making tax. However,...


Making a firearm for the United States. A firearm may be made by, or on behalf of, the United States or any department, independent establishment, or agency...


Certain government entities. A firearm may be made without payment of the making tax by, or on behalf of, any State, or possession of the United States, any...


Proof of registration. The approval by the Director of an application, Form 1 (Firearms), to make a firearm under this subpart shall effectuate registration of...


Scope of tax. Except as otherwise provided in this part, each transfer of a firearm in the United States is subject to a tax to be represented by an adhesive...


Rate of tax. The transfer tax imposed with respect to firearms transferred within the United States is at the rate of $200 for each firearm transferred, except that...


Transfer tax in addition to import duty. The transfer tax imposed by section 5811, I.R.C., is in addition to any import duty. Application and Order...


Application to transfer. Except as otherwise provided in this subpart, no firearm may be transferred in the United States unless an application, Form 4...


Identification of transferee. If the transferee is an individual, such person shall securely attach to each copy of the application, Form 4 (Firearms), in the...


Action on application. The Director will consider a completed and properly executed application, Form 4 (Firearms), to transfer a firearm. If the application...


Cancellation of stamp. The method of cancellation of the stamp required by this subpart as prescribed in Sec. 479.67 shall be used. Exemptions...


Special (occupational) taxpayers. (a) A firearm registered to a person qualified under this part to engage in business as an importer, manufacturer, or dealer may...


Transfers to the United States. A firearm may be transferred to the United States or any department, independent establishment or agency thereof without payment of...


Certain government entities. (a) A firearm may be transferred without payment of the transfer tax to or from any State, possession of the United States, any...


Unserviceable firearms. An unserviceable firearm may be transferred as a curio or ornament without payment of the transfer tax. However, the procedures for the...


Transportation of firearms to effect transfer. Notwithstanding any provision of Sec. 478.28 of this chapter, it shall not be required that authorization be obtained from...


Transfers of firearms to certain persons. Where the transfer of a destructive device, machine gun, short- barreled shotgun, or short-barreled rifle is to be made by...


479.101 Registration of firearms. (a) The Director shall maintain a central registry of all firearms in the United States which are not in the possession of...


479.102 How must firearms be identified? (a) You, as a manufacturer, importer, or maker of a firearm, must legibly identify the firearm as follows: ...


479.103 Registration of firearms manufactured. Each manufacturer qualified under this part shall file with the Director an accurate notice on Form 2...


479.104 Registration of firearms by certain governmental entities. Any State, any political subdivision thereof, or any official police organization of such...


479.105 Transfer and possession of machine guns. (a) General. As provided by 26 U.S.C. 5812 and 26 U.S.C. 5822, an application to make or transfer a...


479.111 Procedure. Importation (a) No firearm shall be imported or brought into the United States or any territory...


479.112 Registration of imported firearms. (a) Each importer shall file with the Director an accurate notice on Form 2 (Firearms), Notice of Firearms Manufactured...


Conditional importation. The Director shall permit the conditional importation or bringing into the United States of any firearm for the purpose of examining...


Application and permit for exportation of firearms. Any person desiring to export a firearm without payment of the transfer tax must file with the Director...


Action by Director. If the application is acceptable, the Director will execute the permit, Part 2 of Form 9 (Firearms), to export the firearm described on...


Procedure by exporter. Shipment may not be made until the permit, Form 9 (Firearms), is received from the Director. If exportation is to be made by means...


479.117 Action by Customs. Upon receipt of a permit, Form 9 (Firearms), in duplicate, authorizing [[Page 149]] the exportation of firearms,...


Proof of exportation. Within a six-month's period from date of issuance of the permit to export firearms, the exporter shall furnish or cause to be furnished...


Transportation of firearms to effect exportation. Notwithstanding any provision of Sec. 478.28 of this chapter, it shall not be required that authorization...


Refunds. Where, after payment of tax by the manufacturer, a firearm is exported, and satisfactory proof of exportation (see Sec. 479.118) is furnished, a...


Insular possessions. Transfers of firearms to persons in the insular possessions of the United States are exempt from transfer tax, provided title in...


479.122 Requirements. (a) Persons engaged in the business of importing firearms are required by the Arms Export Control Act (22 U.S.C. 2778) to register with...


Records. For the purposes of this part, each manufacturer, importer, and dealer in firearms shall keep and maintain such records regarding the...


479.141 Stolen or lost firearms. Whenever any registered firearm is stolen or lost, the person losing possession thereof will, immediately upon discovery of...


479.142 Stolen or lost documents. When any Forms 1, 2, 3, 4, 5, 6A, or 10 (Firearms) evidencing possession of a firearm is stolen, lost, or destroyed, the person...


479.151 Failure to make returns: Substitute returns. If any person required by this part to make returns shall fail or refuse to make any such return within the...


479.152 Penalties (records and returns). Any person failing to keep records or make returns, or making, or causing the making of, a false entry on any application,...


479.161 National Firearms Act stamps. ``National Firearms Act'' stamps evidencing payment of the transfer tax or tax on the making of a firearm are maintained by...


479.162 Stamps authorized. Adhesive stamps of the $5 and $200 denomination, bearing the words ``National Firearms Act,'' have been prepared and only such stamps...


479.163 Reuse of stamps prohibited. A stamp once affixed to one document cannot lawfully be removed and affixed to another. Any person willfully reusing such a...


479.171 Redemption of or allowance for stamps. Where a National Firearms Act stamp is destroyed, mutilated or rendered useless after purchase, and...


479.172 Refunds. As indicated in this part, the transfer tax or tax on the making of a firearm is ordinarily paid by the purchase and affixing of...


Penalties. Any person who violates or fails to comply with the requirements of 26 U.S.C. Chapter 53 shall, upon conviction, be subject to the...


Forfeitures. Any firearm involved in any violation of the provisions of 26 U.S.C. Chapter 53, shall be subject to seizure, and forfeiture under the...


Applicability of other provisions of internal revenue laws. All of the provisions of the internal revenue laws not inconsistent with the provisions of 26...


Commerce in firearms and ammunition. For provisions relating to commerce in firearms and ammunition, including the movement of destructive devices, machine...


Arms Export Control Act. For provisions relating to the registration and licensing of persons engaged in the business of manufacturing, importing or exporting...


Subpart A_Introduction Sec. 555.1 Scope of regulations. 555.2 Relation to other provisions of law. ...


The provisions in this part are in addition to, and are not in lieu of, any other provision of law, or regulations, respecting commerce in explosive materials. For...


When used in this part, terms are defined as follows in this section. Words in the plural form include the singular, and vice versa, and words indicating the masculine gender include...


(a) The Director is authorized to prescribe all forms required by this part. All of the information called for in each form shall be furnished as indicated by the headings...


procedures; emergency variations from requirements. (a) Alternate methods or procedures. The permittee or licensee, on specific approval by the Director as provided by...


The Director shall compile a list of explosive materials, which shall be published and revised at least annually in the Federal Register. The ``List of...


(a) Any ATF officer may enter during business hours the premises, including places of storage, of any licensee or holder of a user permit for the purpose...


Upon receipt of written request from any State or any political subdivision of a State, the regional director (compliance) may make available to the State or...


receipt, possession, or distribution of explosive materials. (a) General. No person, other than a licensee or permittee knowingly may transport, ship,...


explosive materials. (a) No nonlicensee or nonpermittee may distribute any explosive materials to any other nonlicensee or nonpermittee who the distributor knows or...


No person shall receive, conceal, transport, ship, store, barter, sell, or dispose of any stolen explosive materials knowing or having reasonable cause to believe...


[Code of Federal Regulations] [Title 27, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 27CFR555.29] [Page 164] TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS CHAPTER II--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DEPARTMENT OF JUSTICE PART 555_COMMERCE IN EXPLOSIVES--Table of Contents Subpart C_Administrative and Miscellaneous Provisions Sec. 555.29 Unlawful storage. No person shall store any explosive materials in a manner not in conformity with this part. ...


of explosive materials. (a) Any licensee or permittee who has knowledge of the theft or loss of any explosive materials from his stock shall, within 24 hours...


fires; right of entry. Any ATF officer may inspect the site of any accident or fire in which there is reason to believe that explosive materials were involved....


The Director may exempt certain explosive actuated devices, explosive actuated tools, or similar devices from the requirements of this part. A person who desires...


clearances (effective May 24, 2003). (a) Background checks. (1) If the Director receives from a licensee or permittee the names and appropriate identifying information...


lost ATF Form 5400.30 (Intrastate Purchase of Explosives Coupon (IPEC)). When any Form 5400.30 is stolen, lost, or destroyed, the person losing possession will,...


and permits issued prior to May 24, 2003. (1) Each person intending to engage in business as an importer or manufacturer of, or a dealer in, explosive materials, including...


applicant shall pay a fee for obtaining a three year license, a separate fee being required for each business premises, as follows: (1) Manufacturer--$200. ...


must pay a fee for obtaining a permit as follows: (1) User--$100 for a three-year period. (2) User-limited (nonrenewable)--$75. (3) Limited--$25 for a...


No refund of any part of the amount paid as a license or permit fee will be made where the operations of the licensee or permittee are, for any reason, discontinued...


(a) Licenses issued prior to May 24, 2003. Any person who intends to engage in business as an explosive materials importer, manufacturer, or dealer, or who has not...


(a) If a licensee or permittee intends to continue the business or operation described on a license or permit issued under this part after the expiration date of the license...


If an application is filed with an insufficient fee, the application and fee [[Page 171]] submitted will be returned to the applicant. (18 U.S.C. 847 (84 Stat....


Upon receipt of an incomplete or improperly executed application, the applicant will be notified of the deficiency in the application. If the application is not corrected and...


(a) Issuance of license or permit prior to May 24, 2003. (1) The Chief, Firearms and Explosives Licensing Center, will issue a license or permit if-- (i) A...


permit. (a) Upon receipt of a license or permit issued under this part, each licensee or permittee shall examine the license or permit to insure that the information on...


(a) Prior to May 24, 2003. An original license or permit is issued for a period of three years. A renewal license or permit is issued for a period of three years. However,...


(a) The license covers the business and class (as described in Sec. 555.202) of explosive materials specified in the license at the licensee's business premises (see...


Licenses and permits issued under this part are not transferable to another person. In the event of the lease, sale, or other transfer of the business or operations...


(a) During the term of a license or permit, a licensee or permittee may move his business or operations to a new address at which he intends to regularly carry on his business...


A licensee or permittee who intends to change the class of explosive materials described in his license or permit from a lower to a higher classification (see...


A licensee or permittee continuing to conduct business or operations at the location shown on his license or permit is not required to obtain a new license or permit by reason of a...


and change of employees. (a) In the case of a corporation or association holding a license or permit under this part, if actual or legal control of...


Where, under the laws of the particular State, the partnership is not terminated on death or insolvency of a partner, but continues until the winding up of the partnership affairs...


(a) Certain persons other than the licensee or permittee may secure the right to carry on the same explosive materials business or operations at the same...


operations. A licensee or permittee who furnishes his license or permit to the Chief, Firearms and Explosives Licensing Center, for correction, amendment, or endorsement,...


Where an explosive materials business or operations is either discontinued or succeeded by a new owner, the owner of the business or operations discontinued...


license or permit issued under this part confers no right or privilege to conduct business or operations, including storage, contrary to State or other law. The holder of a license...


(a) General. (1) The requirements of this section are applicable to magazines used for other than temporary (under 24 hours) storage of explosives. (2) A magazine...


Except in cases of willfulness or those in which the public interest requires otherwise, and the regional director (compliance) so alleges in the notice of denial of...


Whenever the regional director (compliance) has reason to believe that an applicant for an original license or permit is not eligible to receive a license or permit...


denied. If the applicant for an original license or permit desires a hearing, he [[Page 177]] shall file a request with the regional...


revocation of license or permit. If following the opportunity for compliance under Sec. 555.71, or without opportunity for compliance under Sec. 555.71, as...


or revocation of license or permit. If a licensee or permittee whose renewal application has been denied or whose license or permit has been revoked desires...


(a) Initial application proceedings. If, upon receipt of the record and the recommended decision of the administrative law judge, the regional...


[Code of Federal Regulations] [Title 27, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 27CFR555.77] [Page 179] TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS CHAPTER II--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DEPARTMENT OF JUSTICE PART 555_COMMERCE IN EXPLOSIVES--Table of Contents Subpart E_License and Permit Proceedings Sec. 555.77 Designated place of hearing. The designated place of hearing set as provided in Sec. 555.73 or Sec. 555.75, will be at the location convenient to the aggrieved party. ...


An applicant, licensee, or permittee may be represented by an attorney, certified public accountant, or other person recognized to practice before the Bureau of...


An appeal to the Director is not required prior to filing an appeal with the U.S. Court of Appeals for judicial review. An appeal may be taken by the...


licensee, or permittee may, within 60 days after receipt of the decision of the administrative law judge or the final order of the regional director (compliance) or...


permittee. All notices and other formal documents required to be served on an applicant, licensee, or permittee under this subpart will be served by certified...


The provisions of subpart G of part 200 of this chapter, as well as those provisions of part 71 relative to failure to appear, withdrawal of an application...


notice of denial or revocation. In any case where a notice of revocation has been issued and a request for a stay of the effective date of the revocation...


A license or user permit issued under this part, or a copy of a license or user permit, will be posted and available for inspection on the business premises...


(a) In general. A permit issued under this part does not authorize the permittee to engage in the business of manufacturing, importing, or dealing in...


transactions among licensees and holders of user permits. (a) Transactions among licensees/permittees prior to May 24, 2003....


permit. Except as provided in Sec. 555.49(a), each person issued a license or permit under this part shall be furnished together with his license or permit a copy for...


and limited permittees. (a) Distributions to nonlicensees and nonpermittees prior to May 24, 2003. (1) This section will apply in any case...


(a) A licensee or permittee may not distribute explosive materials to any person except-- (1) A licensee; (2) A holder of a user permit; or ...


[Code of Federal Regulations] [Title 27, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 27CFR555.107] [Page 187] TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS CHAPTER II--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DEPARTMENT OF JUSTICE PART 555_COMMERCE IN EXPLOSIVES--Table of Contents Subpart F_Conduct of Business or Operations Sec. 555.107 Record of transactions. Each licensee and permittee shall keep records of explosive materials as required by subpart G of this part. ...


(a) Explosive materials imported or brought into the United States by a licensed importer or holder of a user permit may be released from customs custody to the licensed importer...


(a) Each licensed manufacturer of explosive materials shall legibly identify by marking all explosive materials he manufactures for sale or distribution....


and after January 24, 2003). (a) In general. Licensed manufacturers and licensed importers and persons who manufacture or import explosive materials or...


and permittees shall keep records pertaining to explosive materials in permanent form (i.e., commercial invoices, record books) and in the manner required in this...


(a) Each licensed importer shall take true and accurate physical inventories which will include all explosive materials on hand required to be accounted for in...


(a) Each licensed manufacturer shall take true and accurate physical inventories which will include all explosive materials on hand required to be...


(a) Each licensed dealer shall take true and accurate physical inventories which will include all explosive materials on hand required to be accounted for in...


(a) Records maintained by permittees prior to May 24, 2003. (1) Each permittee must take true and accurate physical inventories that will include all explosive...


distribution of explosive materials prior to May 24, 2003 and Limited Permittee Transaction Report for distribution of explosive materials on and after May 24, 2003. ...


In taking the inventory required by Sec. Sec. 555.122, 555.123, 555.124, and 555.125, a licensee or permittee shall enter the inventory in a record of daily...


Where an explosive materials business or operations is discontinued and succeeded by a new licensee or new permittee, the records prescribed by this subpart shall...


explosive materials is to be in accordance with the applicable provisions of section 38 of the Arms Export Control Act (22 U.S.C. 2778) and implementing regulations. However,...


Except for the provisions of Sec. Sec. 555.180 and 555.181, this part does not apply to: (1) Any aspect of the transportation of explosive materials via railroad,...


24, 2003). (a) Any person prohibited from shipping or transporting any explosive in or affecting interstate or foreign commerce or from receiving or possessing...


without a license. Any person engaging in the business of importing, manufacturing, or dealing in explosive materials without a license issued under the...


representation. Any person who knowingly withholds information or makes any false or fictitious oral or written statement or furnishes or exhibits any false, fictitious,...


Any licensed importer, licensed manufacturer, licensed dealer, or permittee who knowingly makes any false entry in any record required to be kept under subpart G of...


Any person who stores any explosive material in a manner not in conformity with this part, shall be fined not more than $1,000 or imprisoned not more than one year,...


or loss. (a) Any person who has knowledge of the theft or loss of any explosive materials from his stock and fails to report the theft or loss within 24 hours...


Any explosive materials involved or used or intended to be used in any violation of the Act or of this part or in any violation of any criminal law of the United...


unmarked plastic explosives. (a) No person shall manufacture any plastic explosive that does not contain a detection agent. (b) No person shall import or bring...


All persons, other than an agency of the United States (including any military reserve component) or the National Guard of any State, possessing any plastic explosive...


It is an affirmative defense against any proceeding involving Sec. Sec. 555.180 and [[Page 201]] 555.181 if the proponent proves by a preponderance of the evidence...


or after April 24, 1997. Persons filing Form 6 applications for the importation of plastic explosives on or after April 24, 1997, shall attach to the application...


(a) A complete and accurate statement of process with regard to any plastic explosive or to any detection agent that is to be introduced into a plastic explosive...


Any person who violates the provisions of 18 U.S.C. 842(l)-(o) shall be fined under title 18, U.S.C., imprisoned for not more than 10 years, or both. [T.D. ATF-387, 62...


Any plastic explosive that does not contain a detection agent in violation of 18 U.S.C. 842(l)-(n) is subject to seizure and forfeiture, and all provisions of 19 U.S.C....


of the Act and Sec. 555.29 of this part require that the storage of explosive materials by any person must be in accordance with the regulations in this part. Further,...


For purposes of this part, there are three classes of explosive materials. These classes, together with the description of explosive materials comprising each class, are...


purposes of this part, there are five types of magazines. These types, together with the classes of explosive materials, as defined in Sec. 555.202, which will be stored in them, are...


Any person storing explosive materials shall inspect his magazines at least every seven days. This inspection need not be an inventory, but must be sufficient to determine whether...


All explosive materials must be kept in locked magazines meeting the standards in this subpart unless they are: (a) In the process of manufacture; (b) Being...


magazines in which high explosives are stored must be located no closer to inhabited buildings, passenger railways, public highways, or other magazines in which high...


A type 1 magazine is a permanent structure: a building, an igloo or ``Army-type structure'', a tunnel, or a dugout. It is to be bullet- resistant,...


A type 2 magazine is a box, trailer, semitrailer, or other mobile facility. (a) Outdoor magazines--(1) General. Outdoor magazines are to be...


A type 3 magazine is a ``day-box'' or other portable magazine. It must be fire-resistant, weather-resistant, and theft-resistant. A type 3 magazine is to be constructed of...


A type 4 magazine is a building, igloo or ``Army-type structure'', tunnel, dugout, box, trailer, or a semitrailer or other mobile magazine. (a) Outdoor...


A type 5 magazine is a building, igloo or ``Army-type structure'', tunnel, dugout, bin, box, trailer, or a semitrailer or other mobile facility. (a)...


Smoking, matches, open flames, and spark producing devices are not permitted: (a) In any magazine; (b) Within 50 feet of any outdoor magazine; or (c) Within any...


(a) Explosive materials in excess of 300,000 pounds or detonators in excess of 20 million are not to be stored in one magazine unless approved by the Director. ...


magazines. (a) Explosive materials within a magazine are not to be placed directly against interior walls and must be stored so as not to interfere with ventilation....


to be kept clean, dry, and free of grit, paper, empty packages and containers, and rubbish. Floors are to be regularly swept. Brooms and other utensils used in the cleaning...


the interior of magazines, all explosive materials are to be removed and the interior cleaned. Before repairing the exterior of magazines, all explosive materials must...


lights or battery-activated safety lanterns may be used in explosives storage magazines. (b) Electric lighting used in any explosives storage magazine must meet...


materials. ---------------------------------------------------------------------------------------------------------------- Quantity of explosives...


Pounds From From public -----------------------------...


nitrate and blasting agents from explosives or blasting agents. Table: Department of Defense Ammunition and Explosives Standards, Table ...


and explosive materials used in assembling fireworks or articles pyrotechnic. (a) Display fireworks, pyrotechnic compositions, and explosive...


buildings and between fireworks process and fireworks nonprocess buildings. ------------------------------------------------------------------------ Net weight...


buildings and other specified areas. Distance from Passenger Railways, Public Highways, Fireworks Plant Buildings used to Store Consumer Fireworks and...


fireworks (except bulk salutes). ------------------------------------------------------------------------ Distance between...


of part. 646.142 Territorial extent. 646.143 Meaning of terms. Records 646.146 General...


[Code of Federal Regulations] [Title 27, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 27CFR646.142] [Page 214] TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS CHAPTER II--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DEPARTMENT OF JUSTICE PART 646_CONTRABAND CIGARETTES--Table of Contents Sec. 646.142 Territorial extent. The provisions of the regulations in this part apply in the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands. ...


Words in the plural shall include the singular, and vice versa. Words indicating the masculine gender shall include the feminine. The terms ``includes'' and ``including''...


of lading, or other suitable commercial records relating to each disposition of more than 60,000 cigarettes. Dividing a single agreement for the disposition of more...


is an exempted person as defined in Sec. 646.143 shall show the following information in his commercial records. (1) For each disposition of more than 60,000 cigarettes...


required by Sec. Sec. 646.146 and 646.147 for three years following the close of the year in which the records are made. The distributor shall keep the required records...


officer may enter the business premises of any distributor of cigarettes to inspect the records required by Sec. Sec. 646.146 through 646.147 or to inspect any cigarettes...


or purchases contraband cigarettes shall be fined not more than $100,000 or imprisoned not more than five years, or both. (b) Any person who knowingly...


18 U.S.C. chapter 114 shall be subject to seizure and forfeiture. All provisions of the Internal Revenue Code of 1954 (title 26 U.S.C.) relating to the seizure,...




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