[Federal Register Volume 60, Number 66 (Thursday, April 6, 1995)]
[Rules and Regulations]
[Pages 17446-17456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8233]
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DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco and Firearms
27 CFR Parts 55, 72, 178, and 179
[T.D. ATF-363; 94F-022P]
RIN 1512-AB35
Implementation of Public Law 103-322, the Violent Crime Control
and Law Enforcement Act of 1994
AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Department of
the Treasury.
ACTION: Temporary rule (Treasury decision).
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SUMMARY: This temporary rule implements the provisions of Public Law
103-322, the Violent Crime Control and Law Enforcement Act of 1994.
These regulations implement the law by restricting the manufacture,
transfer, and possession of certain semiautomatic assault weapons and
large capacity ammunition feeding devices. Regulations are also
prescribed with regard to reports of theft or loss of firearms from a
licensee's inventory or collection, new requirements for Federal
firearms licensing, responses by firearms licensees to requests for gun
trace information, and possession of firearms by persons subject to
restraining orders. The temporary rule will remain in effect until
superseded by final regulations.
In the Proposed Rules section of this Federal Register, ATF is also
issuing a notice of proposed rulemaking inviting comments on the
temporary rule for a 90-day period following the publication date of
this temporary rule.
EFFECTIVE DATES: The temporary regulations are effective on April 6,
1995, except for the provisions in Sec. 178.92 (a)(2), (c)(i)(ii)(B)
and (c)(i)(iii), which will be effective on July 5, 1995.
ADDRESSES: Send written comments to: Chief, Regulations Branch; Bureau
of Alcohol, Tobacco and Firearms; Washington, DC 20091-0221.
FOR FURTHER INFORMATION CONTACT: James P. Ficaretta, Regulations
Branch, Bureau of Alcohol, Tobacco and Firearms, 650 Massachusetts
Avenue NW., Washington, DC 20226 (202-927-8230).
SUPPLEMENTARY INFORMATION:
Background
On September 13, 1994, Public Law 103-322 (108 Stat. 1796) was
enacted, amending the Gun Control Act of 1968 (GCA), as amended (18
U.S.C. Chapter 44), and Title XI of the Organized Crime Control Act of
1970, as amended (18 U.S.C. Chapter 40). The provisions of Public Law
103-322, the Violent Crime Control and Law Enforcement Act of 1994
(hereafter, ``the Act''), became effective upon the date of enactment.
Some of the new statutory provisions and the regulation changes
necessitated by the law are as follows:
(1) Restriction on Manufacture, Transfer, and Possession of Certain
Semiautomatic Assault Weapons. This amendment to the GCA prohibits the
manufacture, transfer, and possession of semiautomatic assault weapons,
with certain exceptions. The amendment bans 19 weapons by name, as well
as any copies or duplicates of such firearms, and semiautomatic rifles,
semiautomatic pistols, and semiautomatic shotguns which have 2 or more
of the features specified in the law. The amendment ``grandfathers''
all semiautomatic assault weapons lawfully possessed on the date of
enactment, i.e., September 13, 1994. Thus, semiautomatic assault
weapons held in inventory by Federal firearms licensees (FFLs) on that
date can continue to be possessed and transferred. Nonlicensed
individuals in lawful possession of such weapons on the date of
enactment may also continue to possess and transfer the weapons in
accordance with applicable Federal and State law. The law also requires
that the serial number of any semiautomatic assault weapon manufactured
after September 13, 1994, clearly show that the weapon was manufactured
after that date.
Rather than requiring manufacturers and importers to specify the
actual date that such weapons were made, the temporary regulations
provide that semiautomatic assault weapons manufactured after September
13, 1994, must be marked ``RESTRICTED LAW ENFORCEMENT/GOVERNMENT USE
ONLY.'' This marking clearly provides notice that these weapons may
only be lawfully possessed by government agencies and law enforcement
personnel. As with other firearms, variances from the marking
requirements may be requested. The Director may authorize other means
of identification of the licensed manufacturer or importer upon receipt
of a letter application, in duplicate, showing that such other
identification is reasonable and will not hinder the effective
administration of the regulations.
The temporary regulations permit manufacturers and dealers in
semiautomatic assault weapons to stockpile such weapons for future
sales to law enforcement agencies and law enforcement officers.
Manufacturers of semiautomatic assault weapons, manufactured after
September 13, 1994, will be permitted to transfer such weapons to any
FFL upon obtaining evidence that the weapons will only be disposed of
to law enforcement agencies and law enforcement officers. Examples of
acceptable evidence are provided in the regulations. In the case of
semiautomatic assault weapons imported after September 13, 1994, the
existing controls on the importation of nonsporting weapons would
continue to be imposed on importers of semiautomatic assault weapons.
Thus, applications to import such weapons would be approved only if the
importer submits a purchase order from a governmental entity.
The regulations will permit licensed dealers to possess
semiautomatic assault weapons for sale to law enforcement agencies and
law enforcement officers for official use. Dealers must retain evidence
that their inventory of weapons is for sale to law enforcement agencies
and law enforcement officers. Dealers are required to retain records of
disposition indicating that the weapons were sold only to law
enforcement agencies and law enforcement officers.
When any licensed manufacturer, importer, or dealer transfers a
semiautomatic assault weapon to a law [[Page 17447]] enforcement
officer, the regulations require that the licensee obtain written
statements, under penalty of perjury, from the purchasing officer and a
supervisory officer, stating that the weapon is for use in official
duties and is not being acquired for resale. The purpose of these
statements is to prevent the introduction of semiautomatic assault
weapons into commercial channels.
(2) Ban of Large Capacity Ammunition Feeding Devices. This
amendment to the GCA makes it unlawful to transfer or possess large
capacity ammunition feeding devices. Exceptions are provided for
devices lawfully possessed on the date of enactment and devices
manufactured and sold to governmental entities. The Act defines a large
capacity ammunition feeding device as a magazine, belt, feed strip or
similar device manufactured after the date of enactment that has a
capacity of, or can be readily restored or converted to accept more
than 10 rounds of ammunition. The definition does not include an
attached tubular device designed to accept and capable of operating
only with .22 caliber rimfire ammunition. The regulations also
specifically exempt fixed magazines for manually operated firearms and
firearms listed in the Appendix to 18 U.S.C. 922 from the definition of
``large capacity ammunition feeding device.'' This exemption is based
on the fact that manually operated firearms and firearms listed in the
Appendix are specifically exempted from the prohibitions applicable to
semiautomatic assault weapons. Unless the assault weapon exemptions
apply to the fixed magazines for these weapons, the Act would
effectively ban firearms expressly exempted from the assault weapon
provisions. Accordingly, ATF interprets the definition of ``large
capacity ammunition feeding device'' as being inapplicable to fixed
magazines for manually operated firearms and firearms listed in the
Appendix to 18 U.S.C. 922.
The law also provides that large capacity ammunition feeding
devices manufactured after September 13, 1994, shall be identified by a
serial number which clearly shows that the device was manufactured or
imported after that date and such other markings as the Director may
prescribe. The temporary regulations provide that a manufacturer or
importer may use the same serial number for all large capacity
ammunition feeding devices produced or imported. Prior to enactment of
the Act, ammunition feeding devices were generally not marked with a
serial number. Thus, the fact that these devices are marked with a
serial number indicates that they were produced or imported after the
effective date of the ban. Additionally, domestically made large
capacity ammunition feeding devices must be marked with the name and
address of the manufacturer, and imported large capacity ammunition
feeding devices must be marked with the name of the manufacturer,
country of origin, and the name and address of the importer. Further,
large capacity ammunition feeding devices manufactured or imported
after September 13, 1994, must be marked ``RESTRICTED LAW ENFORCEMENT/
GOVERNMENT USE ONLY.'' This marking clearly provides notice that the
magazines may only be lawfully possessed by government agencies and law
enforcement personnel. The regulations also provide that manufacturers
and importers of metallic links for use in the assembly of belted
ammunition are only required to place the identification marks on the
containers used for the packaging of the links. Finally, the
regulations provide that the Director may authorize other means of
identification of the manufacturer or importer under certain
circumstances.
The regulations permit persons who manufacture, import, and deal in
large capacity ammunition feeding devices to stockpile such devices for
future sales to law enforcement agencies and law enforcement officers
for official use. The regulations provide that possession and transfer
of such devices by these persons will be presumed to be lawful if such
persons maintain evidence establishing that the devices are possessed
and transferred for sale to law enforcement agencies and law
enforcement officers.
(3) Firearms Licensure and Registration to Require a Photograph and
Fingerprints. The Act amended the GCA and the National Firearms Act
(NFA) to require individual applicants for Federal firearms licenses
and NFA special (occupational) tax stamps to provide a photograph and a
set of fingerprints along with the application. Conforming changes to
the regulations have been made in Secs. 178.44(a) and 179.34(e) to
implement these requirements.
(4) Compliance with State and Local Law as a Condition to
Licensure. The Act amended the licensing standards of the GCA to
require that an applicant for a Federal firearms license certify that
the firearms business to be conducted under the license is not
prohibited by State and local law, and will in fact be conducted in
compliance with State and local law. Further, the applicant must
certify that the chief law enforcement officer (CLEO) of the locality
in which the premises are located has been notified that the applicant
intends to apply for a Federal firearms license.
This provision has necessitated an amendment of the existing
regulations regarding licensees who move their business to a new
location during the term of an existing license. The regulations
require a licensee, 30 days prior to such move, to file an application
for amended license with the Chief, Firearms and Explosives Licensing
Center. The purpose of the application is to ensure that the firearms
business at the new location will comply with State and local law. The
application also requires applicants for an amended license to notify
the CLEO in the locality where the new premises are located of the
intent to apply for an amended license.
The regulations have also been amended to require the certificate
of compliance with State and local law to be executed upon license
renewal. This is necessary due to changes which may have occurred in
State and local law during the 3 year term of the license.
(5) Action on Firearms License Application. The Act amended the GCA
to extend the period allowed for ATF to process Federal firearms
license applications from 45 to 60 days. Section 178.47 (c) and (d) of
the regulations has been amended to reflect this change.
(6) Inspection of Firearms Licensees' Inventory and Records. The
Act amended section 923(g) of the GCA relating to inspection of Federal
firearms licensees' records and inventory by ATF. Prior to amendment,
the inventory and records of a licensee could only be examined once a
year for ensuring compliance with GCA recordkeeping requirements. The
amendment retains the annual inspection and also permits an FFL's
records and inventory to be inspected or examined at any time with
respect to a firearm involved in a criminal investigation that is
traced to the licensee. Conforming changes have been made to the
regulations in Sec. 178.23(b)(2) to implement this requirement.
(7) Reports of Theft or Loss of Firearms. The Act amends the GCA to
require FFLs to report any theft or loss of firearms from the
licensee's inventory or collection to ATF and to the appropriate local
authorities. The report must be made, both orally and in writing,
within 48 hours after the theft or loss is discovered. FFLs must also
retain a copy of the written report as part of their permanent records
for 5 years. Conforming changes have been [[Page 17448]] made to the
regulations in Secs. 178.39a and 178.129(b) to implement this
requirement.
(8) Responses to Requests for Information. The Act amends the GCA
to require FFLs to respond orally or in writing, as the Director may
require, to firearms trace requests from ATF no later than 24 hours
after receipt of the request. In addition, the law requires that the
Director implement a system whereby the licensee can positively
identify and establish that an individual requesting information via
telephone is employed and authorized by ATF to request such
information. The regulations, Sec. 178.25a, provide that the requested
information shall be given orally to an ATF officer at the National
Tracing Center. Verification of the identity and employment of National
Tracing Center personnel requesting information may be established at
the time the requested information is provided by telephoning the toll
free number 1-800-788-7132 or using the toll free facsimile (FAX)
number 1-800-578-7223.
(9) Prohibition Against Disposal of Firearms to, or Receipt of
Firearms by, Persons Who Are Subject to Restraining Orders. The Act
amends the GCA to expand the list of persons who may not lawfully
receive or possess firearms to include persons who are subject to a
court order that restrains such person from harassing, stalking, or
threatening an ``intimate partner'' or child of such intimate partner
of the person. It is unlawful for persons who are subject to such
orders to receive or possess firearms and it is unlawful for any person
to sell or dispose of firearms to such persons, knowing or having
reasonable cause to believe such persons are subject to such an order.
The term ``intimate partner'' is defined as a spouse, former spouse, an
individual who is a parent of a child of the person or an individual
who cohabitates or has cohabitated with the person. Conforming changes
have been made to the regulations in Secs. 178.11, 178.32(a)(8),
(d)(8), and 178.99(c)(8) to implement this provision of the law.
(10) Possession of Explosives by Felons and Others. The Act amends
the Federal explosives laws to make it unlawful for felons and certain
other prohibited persons to possess explosives. Prior to amendment, the
law prohibited shipment, transportation, and receipt of explosives by
prohibited persons, but did not prohibit possession. Conforming changes
have been made to the regulations in Sec. 55.26(b) to implement this
provision of the law.
(11) Summary Destruction of Explosives Subject to Forfeiture. The
Act amends the Federal explosives laws to provide for the immediate
destruction of seized explosives materials by ATF where it is
impractical or unsafe to remove or store the explosives. The
regulations incorporate by reference ATF's existing procedures for
seizure and forfeiture of property seized for violation of the law.
(12) Prohibition Against Transactions Involving Stolen Firearms or
Ammunition Which Have Moved in Interstate or Foreign Commerce. The Act
amends the GCA to make a technical amendment to section 922(j),
relating to stolen firearms, to make it unlawful to possess stolen
firearms. Prior to amendment this provision made it unlawful to
receive, conceal, store, barter, sell, or dispose of stolen firearms,
but did not prohibit possession. Language was also added to clarify the
interstate commerce element of the statute. Conforming amendments to
the regulations are prescribed in Sec. 178.33.
(13) Receipt of Firearms by Nonresident. The Act amends the GCA to
provide that it is unlawful for any person, other than an FFL, who does
not reside in any State to receive firearms unless such receipt is for
lawful sporting purposes. Conforming amendments to the regulations are
prescribed in Sec. 178.29a.
(14) Disposing of Explosives to Prohibited Persons. The Act amends
the Federal explosives laws to make it unlawful for any person to sell
or otherwise dispose of explosives to felons and other prohibited
persons. Prior to amendment this provision prohibited such dispositions
by licensees only. Conforming amendments to the regulations are
prescribed in Sec. 55.26(c).
(15) Definition of Armor Piercing Ammunition. The definition of
``armor piercing ammunition'' in the GCA has been amended by the Act to
include full jacketed projectiles larger than .22 caliber designed and
intended for use in a handgun and whose jacket has a weight of more
than 25 percent of the total weight of the projectile. Conforming
amendments to the regulations are prescribed in Sec. 178.11.
(16) Exemption From Brady Background Check Requirement of Return of
Handgun to Owner. The Act amends the GCA to exempt transactions
involving the return of a handgun to the person from whom it was
received from the waiting period and background check requirements
imposed by the Brady Handgun Violence Prevention Act. Regulations
implementing this provision of the Act were published in T.D. ATF-361,
published in the Federal Register on February 27, 1995 (60 FR 10782).
Miscellaneous
ATF is amending Sec. 178.127 to reflect the new address of the ATF
Out-of-Business Records Center located in Falling Waters, West
Virginia. The regulation is also being amended to provide that where a
licensed business is discontinued and succeeded by a new licensee, the
licensee's records may be delivered to either the successor or to ATF.
In addition, ATF is making a technical amendment to Sec. 178.45 to
clarify that ATF Form 7CR is the correct form to file with ATF when a
person desires to obtain a license as a collector of curios or relics
under the GCA.
Executive Order 12866
It has been determined that this temporary rule is not a
significant regulatory action as defined in E.O. 12866, because the
economic effects flow directly from the underlying statute and not from
this temporary rule. Therefore, a regulatory assessment is not
required.
Administrative Procedure Act
Because this document merely implements the law and because
immediate guidance is necessary to implement the provisions of the law,
it is found to be impracticable to issue this Treasury decision with
notice and public procedure under 5 U.S.C. 553(b), or subject to the
effective date limitation in section 553(d).
Regulatory Flexibility Act
The provisions of the Regulatory Flexibility Act relating to an
initial and final regulatory flexibility analysis (5 U.S.C. 604) are
not applicable to this temporary rule because the agency was not
required to publish a notice of proposed rulemaking under 5 U.S.C. 553
or any other law. Accordingly, a regulatory flexibility analysis is not
required.
Paperwork Reduction Act
This regulation is being issued without prior notice and public
procedure pursuant to the Administrative Procedure Act (5 U.S.C. 553).
For this reason, the collections of information contained in this
regulation have been reviewed and, pending receipt and evaluation of
public comments, approved by the Office of Management and Budget (OMB)
under control number 1512-0526. The estimated average annual burden
associated with the collection of [[Page 17449]] information in this
regulation is 2.52 hours per respondent or recordkeeper. Other
collections of information contained in this temporary rule have been
approved under control numbers: 1512-0017, 1512-0018, and 1512-0019
(Sec. 178.119); 1512-0522 and 1512-0523 (Sec. 178.47); 1512-0524
(Sec. 178.39a); and 1512-0525 (Sec. 178.52).
For further information concerning the collections of information,
and where to submit comments on the collections of information and the
accuracy of the estimated burden, and suggestions for reducing this
burden, refer to the preamble to the cross-referenced notice of
proposed rulemaking published elsewhere in this issue of the Federal
Register.
Drafting Information
The author of this document is James P. Ficaretta, Regulations
Branch, Bureau of Alcohol, Tobacco and Firearms.
List of Subjects
Part 55
Administrative practice and procedure, Authority delegations,
Customs duties and inspection, Explosives, Hazardous materials,
Imports, Penalties, Reporting and recordkeeping requirements, Safety,
Security measures, Seizures and forfeitures, Transportation, and
Warehouses.
Part 72
Administrative practice and procedure, Authority delegations,
Seizures and forfeitures, and Surety bonds.
Part 178
Administrative practice and procedure, Arms and ammunition,
Authority delegations, Customs duties and inspection, Exports, Imports,
Military personnel, Penalties, Reporting requirements, Research,
Seizures and forfeitures, and Transportation.
Part 179
Administrative practice and procedure, Arms and munitions,
Authority delegations, Customs duties and inspection, Exports, Imports,
Military personnel, Penalties, Reporting requirements, Research,
Seizures and forfeitures, and Transportation.
Authority and Issuance
27 CFR parts 55, 72, 178, and 179 are amended as follows:
PART 55--COMMERCE IN EXPLOSIVES
Paragraph 1. The authority citation for 27 CFR Part 55 continues to
read as follows:
Authority: 18 U.S.C. 847.
Par. 2. Section 55.1(a) is revised to read as follows:
Sec. 55.1 Scope of regulations.
(a) In general. The regulations contained in this part relate to
commerce in explosives and implement Title XI, Regulation of Explosives
(18 U.S.C. Chapter 40; 84 Stat. 952), of the Organized Crime Control
Act of 1970 (84 Stat. 922), and Pub. L. 103-322 (108 Stat. 1796).
* * * * *
Par. 3. Section 55.26 is amended by revising the title of the
section, by revising paragraph (b), and by adding paragraph (c) to read
as follows:
Sec. 55.26 Prohibited shipment, transportation, receipt, possession,
or distribution of explosive materials.
* * * * *
(b) No person may ship or transport any explosive material in
interstate or foreign commerce or receive or possess any explosive
materials which have been shipped or transported in interstate or
foreign commerce who:
(1) Is under indictment or information for, or who has been
convicted in any court of, a crime punishable by imprisonment for a
term exceeding one year,
(2) Is a fugitive from justice,
(3) Is an unlawful user of or addicted to marijuana, or any
depressant or stimulant drug, or narcotic drug (as these terms are
defined in the Controlled Substances Act; 21 U.S.C. 802), or
(4) Has been adjudicated as a mental defective or has been
committed to a mental institution.
(c) No person shall knowingly distribute explosive materials to any
individual who:
(1) Is under twenty-one years of age,
(2) Is under indictment or information for, or who has been
convicted in any court of, a crime punishable by imprisonment for a
term exceeding one year,
(3) Is a fugitive from justice,
(4) Is an unlawful user of or addicted to marijuana, or any
depressant or stimulant drug, or narcotic drug (as these terms are
defined in the Controlled Substances Act; 21 U.S.C. 802), or
(5) Has been adjudicated as a mental defective or has been
committed to a mental institution.
Par. 4. Section 55.166 is amended by adding a sentence at the end
of the section to read as follows:
Sec. 55.166 Seizure or forfeiture.
* * * (See Sec. 72.27 of this title for regulations on summary
destruction of explosive materials which are impracticable or unsafe to
remove to a place of storage.)
PART 72--DISPOSITION OF SEIZED PERSONAL PROPERTY
Par. 5. The authority citation for 27 CFR Part 72 continues to read
as follows:
Authority: 18 U.S.C. 921, 1261; 19 U.S.C. 1607, 1610, 1612,
1613, 1618; 26 U.S.C. 7101, 7322-7325, 7326, 7805; 31 U.S.C. 9301,
9303, 9304, 9306; 40 U.S.C. 304(k); 49 U.S.C. 784, 788.
Par. 6. Section 72.21(c) is revised to read as follows:
Sec. 72.21 Personal property and carriers subject to seizure.
* * * * *
(c) Upon acquittal of the owner or possessor, or the dismissal of
the criminal charges against such person other than upon motion of the
Government prior to trial, or lapse of or court termination of the
restraining order to which such person is subject, firearms or
ammunition seized or relinquished under 18 U.S.C. Chapter 44 shall be
returned forthwith to the owner or possessor or to a person delegated
by the owner or possessor unless the return of the firearms or
ammunition would place the owner or possessor or his delegate in
violation of law.
Par. 7. Section 72.27 is added to Subpart C to read as follows:
Sec. 72.27 Summary destruction of explosives subject to forfeiture.
(a) Notwithstanding the provisions of Sec. 55.166 of this Title, in
the case of the seizure of any explosive materials for any offense for
which the materials would be subject to forfeiture in which it would be
impracticable or unsafe to remove the materials to a place of storage
or would be unsafe to store them, the seizing officer may destroy the
explosive materials forthwith. Any destruction under this paragraph
shall be in the presence of at least 1 credible witness.
(b) Within 60 days after any destruction made pursuant to paragraph
(a) of this section, the owner of the property and any other persons
having an interest in the property so destroyed may make application to
the Director for reimbursement of the value of the property in
accordance with the instructions contained in ATF
[[Page 17450]] Publication 1850.1 (9-93), Information to Claimants. ATF
P 1850.1 is available at no cost upon request from the ATF Distribution
Center, P.O. Box 5950, Springfield, Virginia 22150-5950. The Director
shall make an allowance to the claimant not exceeding the value of the
property destroyed, if the claimant establishes to the satisfaction of
the Director that--
(1) The property has not been used or involved in a violation of
law; or
(2) Any unlawful involvement or use of the property was without the
claimant's knowledge, consent, or willful blindness.
PART 178--COMMERCE IN FIREARMS AND AMMUNITION
Par. 8. The authority citation for 27 CFR Part 178 continues to
read as follows:
Authority: 5 U.S.C. 552(a); 18 U.S.C. 847, 921-930; 44 U.S.C.
3504(h).
Par. 9. Section 178.1(a) is revised to read as follows:
Sec. 178.1 Scope of regulations.
(a) General. The regulations contained in this part relate to
commerce in firearms and ammunition and are promulgated to implement
Title I, State Firearms Control Assistance (18 U.S.C. Chapter 44), of
the Gun Control Act of 1968 (82 Stat. 1213) as amended by Pub. L. 99-
308 (100 Stat. 449), Pub. L. 99-360 (100 Stat. 766), Pub. L. 99-408
(100 Stat. 920), Pub. L. 103-159 (107 Stat. 1536), and Pub. L. 103-322
(108 Stat. 1796).
* * * * *
Par. 10. Section 178.11 is amended by revising the definition for
``armor piercing ammunition,'' and by adding definitions for ``intimate
partner,'' ``large capacity ammunition feeding device,'' ``permanently
inoperable,'' ``semiautomatic assault weapon,'' ``semiautomatic
pistol,'' and ``semiautomatic shotgun'' to read as follows:
Sec. 178.11 Meaning of terms.
* * * * *
Armor piercing ammunition. Projectiles or projectile cores which
may be used in a handgun and which are constructed entirely (excluding
the presence of traces of other substances) from one or a combination
of tungsten alloys, steel, iron, brass, bronze, beryllium copper, or
depleted uranium; or full jacketed projectiles larger than .22 caliber
designed and intended for use in a handgun and whose jacket has a
weight of more than 25 percent of the total weight of the projectile.
The term does not include shotgun shot required by Federal or State
environmental or game regulations for hunting purposes, frangible
projectiles designed for target shooting, projectiles which the
Director finds are primarily intended to be used for sporting purposes,
or any other projectiles or projectile cores which the Director finds
are intended to be used for industrial purposes, including charges used
in oil and gas well perforating devices.
* * * * *
Intimate partner. With respect to a person, the spouse of the
person, a former spouse of the person, an individual who is a parent of
a child of the person, and an individual who cohabitates or has
cohabitated with the person.
Large capacity ammunition feeding device. A magazine, belt, drum,
feed strip, or similar device for a firearm manufactured after
September 13, 1994, that has a capacity of, or that can be readily
restored or converted to accept, more than 10 rounds of ammunition. The
term does not include an attached tubular device designed to accept,
and capable of operating only with, .22 caliber rimfire ammunition, or
a fixed device for a manually operated firearm, or a fixed device for a
firearm listed in 18 U.S.C. 922, Appendix A.
* * * * *
Permanently inoperable. A firearm which is incapable of discharging
a shot by means of an explosive and incapable of being readily restored
to a firing condition. An acceptable method of rendering most firearms
permanently inoperable is to fusion weld the chamber closed and fusion
weld the barrel solidly to the frame. Certain unusual firearms require
other methods to render the firearm permanently inoperable. Contact ATF
for instructions.
* * * * *
Semiautomatic assault weapon. (a) Any of the firearms, or copies or
duplicates of the firearms in any caliber, known as:
(1) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs
(all models),
(2) Action Arms Israeli Military Industries UZI and Galil,
(3) Beretta Ar70 (SC-70),
(4) Colt AR-15,
(5) Fabrique National FN/FAL, FN/LAR, and FNC,
(6) SWD M-10, M-11, M-11/9, and M-12,
(7) Steyr AUG,
(8) INTRATEC TEC-9, TEC-DC9 and TEC-22, and
(9) Revolving cylinder shotguns, such as (or similar to) the Street
Sweeper and Striker 12;
(b) A semiautomatic rifle that has an ability to accept a
detachable magazine and has at least 2 of--
(1) A folding or telescoping stock,
(2) A pistol grip that protrudes conspicuously beneath the action
of the weapon,
(3) A bayonet mount,
(4) A flash suppressor or threaded barrel designed to accommodate a
flash suppressor, and
(5) A grenade launcher;
(c) A semiautomatic pistol that has an ability to accept a
detachable magazine and has at least 2 of--
(1) An ammunition magazine that attaches to the pistol outside of
the pistol grip,
(2) A threaded barrel capable of accepting a barrel extender, flash
suppressor, forward handgrip, or silencer,
(3) A shroud that is attached to, or partially or completely
encircles, the barrel and that permits the shooter to hold the firearm
with the nontrigger hand without being burned,
(4) A manufactured weight of 50 ounces or more when the pistol is
unloaded, and
(5) A semiautomatic version of an automatic firearm; and
(d) A semiautomatic shotgun that has at least 2 of--
(1) A folding or telescoping stock,
(2) A pistol grip that protrudes conspicuously beneath the action
of the weapon,
(3) A fixed magazine capacity in excess of 5 rounds, and
(4) An ability to accept a detachable magazine.
Semiautomatic pistol. Any repeating pistol which utilizes a portion
of the energy of a firing cartridge to extract the fired cartridge case
and chamber the next round, and which requires a separate pull of the
trigger to fire each cartridge.
* * * * *
Semiautomatic shotgun. Any repeating shotgun which utilizes a
portion of the energy of a firing cartridge to extract the fired
cartridge case and chamber the next round, and which requires a
separate pull of the trigger to fire each cartridge.
* * * * *
Par. 11. Section 178.23(b)(2) is revised to read as follows:
Sec. 178.23 Right of entry and examination.
* * * * *
(b) * * *
(2) For insuring compliance with the recordkeeping requirements of
this part:
(i) Not more than once during any 12-month period,
or [[Page 17451]]
(ii) At any time with respect to records relating to a firearm
involved in a criminal investigation that is traced to the licensee, or
* * * * *
Par. 12. Section 178.25a is added to Subpart C to read as follows:
Sec. 178.25a Responses to 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 the
National Tracing Center for information contained in the records
required to be kept by this part for determining the disposition of one
or more firearms in the course of a bona fide criminal investigation.
The requested information shall be provided orally to the ATF officer.
Verification of the identity and employment of National Tracing Center
personnel requesting information may be established at the time the
requested information is provided by telephoning the toll-free number
1-800-788-7132 or using the toll-free facsimile (FAX) number 1-800-578-
7223.
Par. 13. Section 178.29a is added to Subpart C to read as follows:
Sec. 178.29a Acquisition of firearms by nonresidents.
No person, other than a licensed importer, licensed manufacturer,
licensed dealer, or licensed collector, who does not reside in any
State shall receive any firearms unless such receipt is for lawful
sporting purposes.
Par. 14. Section 178.32 is amended by revising paragraphs (a)(6),
(a)(7), (d)(6), and (d)(7), and by adding paragraphs (a)(8) and (d)(8)
to read as follows:
Sec. 178.32 Prohibited shipment, transportation, possession, or
receipt of firearms and ammunition by certain persons.
(a) * * *
(6) Has been discharged from the Armed Forces under dishonorable
conditions,
(7) Having been a citizen of the United States, has renounced
citizenship, or
(8) Is subject to a court order that--
(i) Was issued after a hearing of which such person received actual
notice, and at which such person had an opportunity to participate;
(ii) Restrains such person from harassing, stalking, or threatening
an intimate partner of such person or child of such intimate partner or
person, or engaging in other conduct that would place an intimate
partner in reasonable fear of bodily injury to the partner or child;
and
(iii) (A) Includes a finding that such person represents a credible
threat to the physical safety of such intimate partner or child; or
(B) By its terms explicitly prohibits the use, attempted use, or
threatened use of physical force against such intimate partner or child
that would reasonably be expected to cause bodily injury.
* * * * *
(d) * * *
(6) Has been discharged from the Armed Forces under dishonorable
conditions,
(7) Having been a citizen of the United States, has renounced
citizenship, or
(8) Is subject to a court order that restrains such person from
harassing, stalking, or threatening an intimate partner of such person
or child of such intimate partner or person, or engaging in other
conduct that would place an intimate partner in reasonable fear of
bodily injury to the partner or child: Provided, That the provisions of
this paragraph shall only apply to a court order that--
(i) Was issued after a hearing of which such person received actual
notice, and at which such person had the opportunity to participate;
and
(ii) (A) Includes a finding that such person represents a credible
threat to the physical safety of such intimate partner or child; or
(B) By its terms explicitly prohibits the use, attempted use, or
threatened use of physical force against such intimate partner or child
that would reasonably be expected to cause bodily injury.
Par. 15. Section 178.33 is revised to read as follows:
Sec. 178.33 Stolen firearms and ammunition.
No person shall transport or ship in interstate or foreign commerce
any stolen firearm or stolen ammunition knowing or having reasonable
cause to believe that the firearm or ammunition was stolen, and no
person shall receive, possess, conceal, store, barter, sell, or dispose
of any stolen firearm or stolen ammunition, or pledge or accept as
security for a loan any stolen firearm or stolen ammunition, which is
moving as, which is a part of, which constitutes, or which has been
shipped or transported in, interstate or foreign commerce, either
before or after it was stolen, knowing or having reasonable cause to
believe that the firearm or ammunition was stolen.
Par. 16. Section 178.39a is added to Subpart C to read as follows:
Sec. 178.39a Reporting theft 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 the licensee's inventory to a personal collection and held as a
personal firearm for at least 1 year), or from the collection of a
licensed collector, within 48 hours after the theft or loss is
discovered. Licensees shall report thefts or losses by telephoning 1-
800-800-3855 (nationwide toll free number) and by preparing ATF Form
3310.11, Federal Firearms Licensee Theft/Loss Report, in accordance
with the instructions on the form. The original of the report shall be
forwarded to the office specified thereon, and Copy 1 shall be retained
by the licensee as part of the licensee's permanent records. Theft or
loss of any firearm shall also be reported to the appropriate local
authorities.
(Approved by the Office of Management and Budget under control
number 1512-0524)
Par. 17. Sections 178.40 and 178.40a are added to Subpart C to read
as follows:
Sec. 178.40 Manufacture, transfer, and possession of semiautomatic
assault weapons.
(a) Prohibition. No person shall manufacture, transfer, or possess
a semiautomatic assault weapon.
(b) Exceptions. The provisions of paragraph (a) of this section
shall not apply to:
(1) The possession or transfer of any semiautomatic assault weapon
otherwise lawfully possessed in the United States under Federal law on
September 13, 1994;
(2) Any of the firearms, or replicas or duplicates of the firearms,
specified in 18 U.S.C. 922, Appendix A, as such firearms existed on
October 1, 1993;
(3) Any firearm that--
(i) Is manually operated by bolt, pump, lever, or slide action;
(ii) Has been rendered permanently inoperable; or
(iii) Is an antique firearm;
(4) Any semiautomatic rifle that cannot accept a detachable
magazine that holds more than 5 rounds of ammunition;
(5) Any semiautomatic shotgun that cannot hold more than 5 rounds
of ammunition in a fixed or detachable magazine;
(6) The manufacture for, transfer to, or possession by the United
States or a department or agency of the United States or a State or a
department, agency, or political subdivision of a State, or a transfer
to or possession by [[Page 17452]] a law enforcement officer employed
by such an entity for purposes of law enforcement;
(7) The transfer to a licensee under title I of the Atomic Energy
Act of 1954 (42 U.S.C. 2011 et seq.) for purposes of establishing and
maintaining an on-site physical protection system and security
organization required by Federal law, or possession by an employee or
contractor of such licensee on-site for such purposes or off-site for
purposes of licensee-authorized training or transportation of nuclear
materials;
(8) The possession, by an individual who is retired from service
with a law enforcement agency and is not otherwise prohibited from
receiving a firearm, of a semiautomatic assault weapon transferred to
the individual by the agency upon such retirement;
(9) The manufacture, transfer, or possession of a semiautomatic
assault weapon by a licensed manufacturer or licensed importer for the
purposes of testing or experimentation as authorized by the Director
under the provisions of Sec. 178.153; or
(10) The manufacture, transfer, or possession of a semiautomatic
assault weapon by a licensed manufacturer, licensed importer, or
licensed dealer for the purpose of exportation in compliance with the
Arms Export Control Act (22 U.S.C. 2778).
(c) Manufacture and dealing in semiautomatic assault weapons.
Subject to compliance with the provisions of this part, licensed
manufacturers and licensed dealers in semiautomatic assault weapons may
manufacture and deal in such weapons manufactured after September 13,
1994: Provided, The licensee obtains evidence that the weapons will be
disposed of in accordance with paragraph (b) of this section. Examples
of acceptable evidence include the following:
(1) Contracts between the manufacturer and dealers stating that the
weapons may only be sold to law enforcement agencies, law enforcement
officers, or other purchasers specified in paragraph (b) of this
section;
(2) Copies of purchase orders submitted to the manufacturer or
dealer by law enforcement agencies or other purchasers specified in
paragraph (b) of this section;
(3) Copies of letters submitted to the manufacturer or dealer by
government agencies, law enforcement officers, or other purchasers
specified in paragraph (b) of this section expressing an interest in
purchasing the semiautomatic assault weapons;
(4) Letters from dealers to the manufacturer stating that sales
will only be made to law enforcement agencies, law enforcement
officers, or other purchasers specified in paragraph (b) of this
section; and
(5) Letters from law enforcement officers purchasing in accordance
with paragraph (b)(6) of this section and Sec. 178.132.
(Paragraph (c) approved by the Office of Management and Budget under
control number 1512-0526)
Sec. 178.40a Transfer and possession of large capacity ammunition
feeding devices.
(a) Prohibition. No person shall transfer or possess a large
capacity ammunition feeding device.
(b) Exceptions. The provisions of paragraph (a) of this section
shall not apply to:
(1) The possession or transfer of any large capacity ammunition
feeding device otherwise lawfully possessed in the United States on
September 13, 1994;
(2) The manufacture for, transfer to, or possession by the United
States or a department or agency of the United States or a State or a
department, agency, or political subdivision of a State, or a transfer
to or possession by a law enforcement officer employed by such an
entity for purposes of law enforcement;
(3) The transfer to a licensee under title I of the Atomic Energy
Act of 1954 for purposes of establishing and maintaining an on-site
physical protection system and security organization required by
Federal law, or possession by an employee or contractor of such
licensee on-site for such purposes or off-site for purposes of
licensee-authorized training or transportation of nuclear materials;
(4) The possession, by an individual who is retired from service
with a law enforcement agency and is not otherwise prohibited from
receiving ammunition, of a large capacity ammunition feeding device
transferred to the individual by the agency upon such retirement;
(5) The manufacture, transfer, or possession of any large capacity
ammunition feeding device by a manufacturer or importer for the
purposes of testing or experimentation in accordance with Sec. 178.153;
or
(6) The manufacture, transfer, or possession of any large capacity
ammunition feeding device by a manufacturer or importer for the purpose
of exportation in accordance with the Arms Export Control Act (22
U.S.C. 2778).
(c) Importation, manufacture, and dealing in large capacity
ammunition feeding devices. Possession and transfer of large capacity
ammunition feeding devices by persons who manufacture, import, or deal
in such devices will be presumed to be lawful if such persons maintain
evidence establishing that the devices are possessed and transferred
for sale to purchasers specified in paragraph (b) of this section.
Examples of acceptable evidence include the following:
(1) Contracts between persons who import or manufacture such
devices and persons who deal in such devices stating that the devices
may only be sold to law enforcement agencies or other purchasers
specified in paragraph (b) of this section;
(2) Copies of purchase orders submitted to persons who manufacture,
import, or deal in such devices by law enforcement agencies or other
purchasers specified in paragraph (b) of this section;
(3) Copies of letters submitted to persons who manufacture, import,
or deal in such devices by government agencies or other purchasers
specified in paragraph (b) of this section expressing an interest in
purchasing the devices;
(4) Letters from persons who deal in such devices to persons who
import or manufacture such devices stating that sales will only be made
to law enforcement agencies or other purchasers specified in paragraph
(b) of this section; and
(5) Letters from law enforcement officers purchasing in accordance
with paragraph (b)(2) of this section and Sec. 178.132.
(Paragraph (c) approved by the Office of Management and Budget under
control number 1512-0526)
Par. 18. Section 178.44 is revised to read as follows:
Sec. 178.44 Original license.
(a) 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 the provisions of this part to so engage
in business, or who has not timely submitted an application for renewal
of the previous license issued under this part, shall file an
application for license, ATF Form 7 (Firearms), in duplicate, with ATF
in accordance with the instructions on the form. The application must
be executed under the penalties of perjury and the penalties imposed by
18 U.S.C. 924. The application shall include a photograph and
fingerprints as required in the instructions on the form. The
application shall be accompanied by a completed ATF Form 5300.37
(Certification of Compliance with State [[Page 17453]] and Local Law)
and ATF Form 5300.36 (Notification of Intent to Apply for a Federal
Firearms License), and shall include the appropriate fee in the form of
money order or check made payable to the Bureau of Alcohol, Tobacco and
Firearms. ATF Forms 7 (Firearms), ATF Forms 5300.37, and ATF Forms
5300.36 may be obtained by contacting any ATF office.
(b) Any person who desires to obtain a license as a collector under
the Act and this part, or who has not timely submitted an application
for renewal of the previous license issued under this part, shall file
an application, ATF Form 7CR (Curios and Relics), with ATF in
accordance with the instructions on the form. The application must be
executed under the penalties of perjury and the penalties imposed by 18
U.S.C. 924. The application shall be accompanied by a completed ATF
Form 5300.37 and ATF Form 5300.36 and shall include the appropriate fee
in the form of a money order or check made payable to the Bureau of
Alcohol, Tobacco and Firearms. ATF Forms 7CR (Curios and Relics), ATF
Forms 5300.37, and ATF Forms 5300.36 may be obtained by contacting any
ATF office.
Par. 19. Section 178.45 is revised to read as follows:
Sec. 178.45 Renewal of license.
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 otherwise notified in writing
by the Chief, Firearms and Explosives Licensing Center, execute and
file with ATF prior to the expiration of the license an application for
a license renewal, ATF Form 8 Part II, accompanied by a completed ATF
Form 5300.37 and ATF Form 5300.36, in accordance with the instructions
on the forms, and the required fee. The Chief, Firearms and Explosives
Licensing Center, may, in writing, require the applicant for license
renewal to also file completed ATF Form 7 or ATF Form 7CR in the manner
required by Sec. 178.44. In the event the licensee does not timely file
an ATF Form 8 Part II, the licensee must file an ATF Form 7 or ATF Form
7CR as required by Sec. 178.44, and obtain the required license before
continuing business or collecting activity. If an ATF Form 8 Part II is
not timely received through the mails, the licensee should so notify
the Chief, Firearms and Explosives Licensing Center.
Par. 20. Section 178.47 is amended by adding ``ATF Form 7CR,''
after ``ATF Form 7,'' in paragraph (a) and the introductory text of
paragraph (b), by adding new paragraph (b)(6), by removing ``45-day''
in paragraphs (c) and (d) and adding, in its place, ``60-day,'' and by
adding a parenthetical text at the end of the section to read as
follows:
Sec. 178.47 Issuance of license.
(a) * * *
(b) * * *
(6) The applicant has filed an ATF Form 5300.37 (Certification of
Compliance with State and Local Law) with ATF in accordance with the
instructions on the form certifying under the penalties of perjury
that--
(i) The business to be conducted under the license is not
prohibited by State or local law in the place where the licensed
premises are located;
(ii) Within 30 days after the application is approved the business
will comply with the requirements of State and local law applicable to
the conduct of business;
(iii) The business will not be conducted under the license until
the requirements of State and local law applicable to the business have
been met; and
(iv) The applicant has completed and sent or delivered ATF F
5300.36 (Notification of Intent to Apply for a Federal Firearms
License) to the chief law enforcement officer of the locality in which
the premises are located, which indicates that the applicant intends to
apply for a Federal firearms license. For purposes of this paragraph,
the ``chief law enforcement officer'' is the chief of police, the
sheriff, or an equivalent officer.
* * * * *
(Paragraph (b)(6) approved by the Office of Management and Budget
under control numbers 1512-0522 and 1512-0523)
Par. 21. Section 178.52 is revised to read as follows:
Sec. 178.52 Change of address.
(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 activity by filing an
Application for an Amended Federal Firearms License, ATF Form 5300.38,
in duplicate, not less than 30 days prior to such removal with the
Chief, Firearms and Explosives Licensing Center. The ATF Form 5300.38
shall be completed in accordance with the instructions on the form. The
application must be executed under the penalties of perjury and
penalties imposed by 18 U.S.C. 924. The application shall be
accompanied by the licensee's original license. The Chief, Firearms and
Explosives Licensing Center, may, in writing, require the applicant for
an amended license to also file completed ATF Form 7 or ATF Form 7CR,
or portions thereof, in the manner required by Sec. 178.44.
(b) Upon receipt of a properly executed application for an amended
license, the Chief, Firearms and Explosives Licensing Center, shall,
upon finding through further inquiry or investigation, or otherwise,
that the applicant is qualified at the new location, issue the amended
license, and return it to the applicant. The license shall be valid for
the remainder of the term of the original license. The Chief, Firearms
and Explosives Licensing Center, shall, if the applicant is not
qualified, refer the application for amended license to the regional
director (compliance) for denial in accordance with Sec. 178.71.
(Approved by the Office of Management and Budget under control
number 1512-0525)
Par. 22. Section 178.57 is amended by designating the existing
paragraph as (a) and by adding paragraphs (b) and (c) to read as
follows:
Sec. 178.57 Discontinuance of business.
* * * * *
(b) Since section 922(v), Title 18, U.S.C., makes it unlawful to
transfer or possess a semiautomatic assault weapon, except as provided
in the law, any licensed manufacturer, licensed importer, or licensed
dealer intending to discontinue business shall, prior to going out of
business, transfer in compliance with the provisions of this part any
semiautomatic assault weapon manufactured or imported after September
13, 1994, to a person specified in Sec. 178.40(b), or, subject to the
provisions of Secs. 178.40(c) and 178.132, a licensed manufacturer, a
licensed importer, or a licensed dealer.
(c) Since section 922(w), Title 18, U.S.C., makes it unlawful to
transfer or possess a large capacity ammunition feeding device, except
as provided in the law, any person who manufactures, imports, or deals
in such devices and who intends to discontinue business shall, prior to
going out of business, transfer in compliance with the provisions of
this part any large capacity ammunition feeding device manufactured or
imported after September 13, 1994, to a person specified in
Sec. 178.40a(b), or, subject to the provisions of Secs. 178.40a(c) and
178.132, a person who manufactures, imports, or deals in such devices.
Par. 23. Section 178.92 is amended by revising the title of the
section, by revising paragraph (a), and by adding paragraph (c) to read
as follows:
[[Page 17454]]
Sec. 178.92 Identification of firearms, armor piercing ammunition, and
large capacity ammunition feeding devices.
(a) (1) Firearms. Each licensed manufacturer or licensed importer
of any firearm manufactured or imported shall legibly identify each
such firearm by engraving, casting, stamping (impressing), or otherwise
conspicuously placing or causing to be engraved, cast, stamped
(impressed) or placed on the frame or receiver thereof in a manner not
susceptible of being readily obliterated, altered, or removed, an
individual serial number not duplicating any serial number placed by
the manufacturer or importer on any other firearm, and by engraving,
casting, stamping (impressing), or otherwise conspicuously placing or
causing to be engraved, cast, stamped (impressed) or placed on the
frame, receiver, or barrel thereof in a manner not susceptible of being
readily obliterated, altered or removed, the model, if such designation
has been made; the caliber or gauge; the name (or recognized
abbreviation of same) of the manufacturer and also, when applicable, of
the importer; in the case of a domestically made firearm, the city and
State (or recognized abbreviation thereof) wherein the licensed
manufacturer maintains its place of business; and in the case of an
imported firearm, the name of the country in which manufactured and the
city and State (or recognized abbreviation thereof) of the importer.
(2) Special markings for semiautomatic assault weapons, effective
July 5, 1995. In the case of any semiautomatic assault weapon
manufactured after September 13, 1994, the frame or receiver shall be
marked ``RESTRICTED LAW ENFORCEMENT/GOVERNMENT USE ONLY'' or, in the
case of weapons manufactured for export, ``FOR EXPORT ONLY,'' in the
manner prescribed in paragraph (a)(1) of this section.
(3) Exceptions.
(i) Alternate means of identification. The Director may authorize
other means of identification of the licensed manufacturer or licensed
importer upon receipt of a letter application, in duplicate, showing
that such other identification is reasonable and will not hinder the
effective administration of this part.
(ii) Destructive devices. In the case of a destructive device, the
Director may authorize other means of identifying that weapon upon
receipt of a letter application, in duplicate, from the licensed
manufacturer or licensed importer showing that engraving, casting, or
stamping (impressing) such a weapon would be dangerous or
impracticable.
(iii) Machine guns, silencers, and parts. A firearm frame or
receiver, or any part defined as a machine gun, firearm muffler, or
firearm silencer in Sec. 178.11, which is not a component part of a
complete weapon at the time it is sold, shipped, or otherwise disposed
of by a licensed manufacturer or licensed importer, shall be identified
as required by this section. The Director may authorize other means of
identification of parts defined as machine guns other than frames or
receivers and parts defined as mufflers or silencers upon receipt of a
letter application, in duplicate, showing that such other
identification is reasonable and will not hinder the effective
administration of this part.
(b) * * *
(c) Large capacity ammunition feeding devices manufactured after
September 13, 1994. (1) Each person who manufactures or imports any
large capacity ammunition feeding device manufactured or imported after
September 13, 1994, shall legibly identify each such device with a
serial number. Such person may use the same serial number for all large
capacity ammunition feeding devices produced or imported.
(i) Additionally, in the case of a domestically made large capacity
ammunition feeding device, such device shall be marked with the name,
city and State (or recognized abbreviation thereof) of the
manufacturer;
(ii) And in the case of an imported large capacity ammunition
feeding device, such device shall be marked:
(A) With the name of the manufacturer, country of origin, and,
(B) Effective July 5, 1995, the name, city and State (or recognized
abbreviation thereof) of the importer.
(iii) Further, large capacity ammunition feeding devices
manufactured or imported after September 13, 1994, shall be marked
``RESTRICTED LAW ENFORCEMENT/GOVERNMENT USE ONLY'' or, in the case of
devices manufactured for export, effective July 5, 1995, ``FOR EXPORT
ONLY.''
(2) All markings required by this paragraph (c) shall be cast,
stamped, or engraved on the exterior of the device. In the case of a
magazine, the markings shall be placed on the magazine body.
(3) Exceptions.
(i) Metallic links. Persons who manufacture or import metallic
links for use in the assembly of belted ammunition are only required to
place the identification marks prescribed in paragraph (c)(1) of this
section on the containers used for the packaging of the links.
(ii) Alternate means of identification. The Director may authorize
other means of identifying large capacity ammunition feeding devices
upon receipt of a letter application, in duplicate, from the
manufacturer or importer showing that such other identification is
reasonable and will not hinder the effective administration of this
part.
Par. 24. Section 178.99(c) is amended by removing the word ``or''
at the end of paragraph (c)(6), by removing the period at the end of
paragraph (c)(7) and replacing it with ``; or'', and by adding
paragraph (c)(8) to read as follows:
Sec. 178.99 Certain prohibited sales or deliveries.
* * * * *
(c) * * *
(8) Is subject to a court order that restrains such person from
harassing, stalking, or threatening an intimate partner of such person
or child of such intimate partner or person, or engaging in other
conduct that would place an intimate partner in reasonable fear of
bodily injury to the partner or child, except that this paragraph shall
only apply to a court order that--
(i) Was issued after a hearing of which such person received actual
notice, and at which such person had the opportunity to participate;
and
(ii) (A) Includes a finding that such person represents a credible
threat to the physical safety of such intimate partner or child; or
(B) By its terms explicitly prohibits the use, attempted use, or
threatened use of physical force against such intimate partner or child
that would reasonably be expected to cause bodily injury.
* * * * *
Par. 25. Section 178.119 is added to Subpart G to read as follows:
Sec. 178.119 Importation of large capacity ammunition feeding devices
manufactured after September 13, 1994.
(a) No large capacity ammunition feeding device manufactured after
September 13, 1994, shall be imported or brought into the United States
unless the Director has authorized the importation of such device.
(b) An application for a permit, ATF Form 6, to import or bring a
large capacity ammunition feeding device into the United States or a
possession thereof under this section shall be filed, in triplicate,
with the Director. The application shall contain:
(1) The name and address of the person importing the device,
[[Page 17455]]
(2) A description of the device to be imported, including model,
caliber, size, country of manufacture, and name of the manufacturer,
(3) The unit cost of the device to be imported,
(4) The country from which to be imported,
(5) The name and address of the foreign seller and the foreign
shipper,
(6) Verification that such device will be marked as required by
this part, and
(7) A statement by the importer that the device is being imported
for sale to purchasers specified in Sec. 178.40a(b).
(c) If the Director approves the application, such approved
application shall serve as the permit to import the device described
therein, and importation of such devices may continue to be made by the
person importing such devices under the approved application (permit)
during the period specified thereon. The Director shall furnish the
approved application (permit) to the applicant and retain two copies
thereof for administrative use. If the Director disapproves the
application, the person importing such devices shall be notified of the
basis for the disapproval.
(d) A large capacity ammunition feeding device imported or brought
into the United States by a person importing such a device may be
released from Customs custody to the person importing such a device
upon showing that such person has obtained a permit from the Director
for the importation of the device to be released. In obtaining the
release from Customs custody of such a device authorized by this
section to be imported through use of a permit, the person importing
such a device shall prepare ATF Form 6A, in duplicate, and furnish the
original ATF Form 6A to the Customs officer releasing the device. The
Customs officer shall, after certification, forward the ATF Form 6A to
the address specified on the form. The ATF Form 6A shall show the name
and address of the person importing the device, the name of the
manufacturer of the device, the country of manufacture, the type,
model, caliber, size, and the number of devices released.
(e) Within 15 days of the date of release from Customs custody, the
person importing such a device shall:
(1) Forward to the address specified on the form a copy of ATF Form
6A on which shall be reported any error or discrepancy appearing on the
ATF Form 6A certified by Customs, and
(2) Pursuant to Sec. 178.92, place all required identification data
on each imported device if same did not bear such identification data
at the time of its release from Customs custody.
(Paragraphs (a), (b), and (c) approved by the Office of Management
and Budget under control numbers 1512-0017 and 1512-0018; paragraphs
(d) and (e) approved by the Office of Management and Budget under
control number 1512-0019)
Par. 26. Section 178.127 is amended by revising the second sentence
to read as follows:
Sec. 178.127 Discontinuance of business.
* * * Where discontinuance of the business is absolute, the records
shall be delivered within 30 days following the business discontinuance
to the ATF Out-of-Business Records Center, Spring Mills Office Park,
2029 Stonewall Jackson Drive, Falling Waters, West Virginia 25419, or
to any ATF office in the region in which the business was located:
Provided, however, Where State law or local ordinance requires the
delivery of records to other responsible authority, the Chief, Firearms
and Explosives Licensing Center may arrange for the delivery of the
records required by this subpart to such authority: Provided further,
That where a licensed business is discontinued and succeeded by a new
licensee, the records may be delivered within 30 days following the
business discontinuance to the ATF Out-of-Business Records Center or to
any ATF office in the region in which the business was located.
Par. 27. Section 178.129 is amended by revising paragraph (b), by
adding paragraph (e), and by revising the parenthetical text at the end
of the section to read as follows:
Sec. 178.129 Record retention.
* * * * *
(b) Firearms transaction record, statement of intent to obtain a
handgun, reports of multiple sales or other disposition of pistols and
revolvers, and reports of theft or loss of firearms. Licensees shall
retain each Form 4473 and Form 4473(LV) for a period of not less than
20 years after the date of sale or disposition. Licensees shall retain
each Form 5300.35 for a period of not less than 5 years after notice of
the intent to obtain the handgun was forwarded to the chief law
enforcement officer. Licensees shall retain each copy of Form 3310.4
(Report of Multiple Sale or Other Disposition of Pistols and Revolvers)
for a period of not less than 5 years after the date of sale or other
disposition. Licensees shall retain each copy of Form 3310.11 (Federal
Firearms Licensee Theft/Loss Report) for a period of not less than 5
years after the date the theft or loss was reported to ATF.
* * * * *
(e) Retention of records of transactions in semiautomatic assault
weapons. The documentation required by Secs. 178.40(c) and 178.132
shall be retained in the licensee's permanent records for a period of
not less than 5 years after the date of sale or other disposition.
(Paragraph (b) approved by the Office of Management and Budget under
control numbers 1512-0520, 1512-0006, and 1512-0524; Paragraph (e)
approved by the Office of Management and Budget under control number
1512-0526; all other recordkeeping approved by the Office of
Management and Budget under control number 1512-0129)
Par. 28. Sections 178.132 and 178.133 are added to Subpart H to
read as follows:
Sec. 178.132 Dispositions of semiautomatic assault weapons and large
capacity ammunition feeding devices to law enforcement officers for
official use.
Licensed manufacturers, licensed importers, and licensed dealers in
semiautomatic assault weapons, as well as persons who manufacture,
import, or deal in large capacity ammunition feeding devices, may
transfer such weapons and devices manufactured after September 13,
1994, to law enforcement officers with the following documentation:
(a) A written statement from the purchasing officer, under penalty
of perjury, stating that the weapon is being purchased for use in
performing official duties and that the weapon is not being acquired
for personal use or for purposes of transfer or resale; and
(b) A written statement from a supervisor of the purchasing
officer, under penalty of perjury, stating that the purchasing officer
is acquiring the weapon for use in official duties, that the firearm is
suitable for use in performing official duties, and that the weapon is
not being acquired for personal use or for purposes of transfer or
resale.
(Approved by the Office of Management and Budget under control
number 1512-0526)
Sec. 178.133 Records of transactions in semiautomatic assault weapons.
The evidence specified in Sec. 178.40(c), relating to transactions
in semiautomatic assault weapons, shall be retained in the permanent
records of the manufacturer or dealer and in the records of the
licensee to whom the weapons are transferred.
(Approved by the Office of Management and Budget under control
number 1512-0526)
Par. 29. Section 178.152(a) is revised to read as follows:
Sec. 178.152 Seizure and forfeiture.
(a) Any firearm or ammunition involved in or used in any knowing
[[Page 17456]] violation of subsections (a)(4), (a)(6), (f), (g), (h),
(i), (j), or (k) of section 922 of the Act, or knowing importation or
bringing into the United States or any possession thereof any firearm
or ammunition in violation of section 922(l) of the Act, or knowing
violation of section 924 of the Act, or willful violation of any other
provision of the Act or of this part, or any violation of any other
criminal law of the United States, or any firearm or ammunition
intended to be used in any offense referred to in paragraph (c) of this
section, where such intent is demonstrated by clear and convincing
evidence, shall be subject to seizure and forfeiture, and all
provisions of the Internal Revenue Code of 1986 relating to the
seizure, forfeiture, and disposition of firearms, as defined in section
5845(a) of that Code, shall, so far as applicable, extend to seizures
and forfeitures under the provisions of the Act: Provided, That upon
acquittal of the owner or possessor, or dismissal of the charges
against such person other than upon motion of the Government prior to
trial, or lapse of or court termination of the restraining order to
which he is subject, the seized or relinquished firearms or ammunition
shall be returned forthwith to the owner or possessor or to a person
delegated by the owner or possessor unless the return of the firearms
or ammunition would place the owner or possessor or the delegate of the
owner or possessor in violation of law. Any action or proceeding for
the forfeiture of firearms or ammunition shall be commenced within 120
days of such seizure.
* * * * *
Par. 30. Section 178.153 is added to Subpart I to read as follows:
Sec. 178.153 Semiautomatic assault weapons and large capacity
ammunition feeding devices manufactured or imported for the purposes of
testing or experimentation.
The provisions of Sec. 178.40 with respect to the manufacture,
transfer, or possession of a semiautomatic assault weapon, and
Sec. 178.40a with respect to large capacity ammunition feeding devices,
shall not apply to the manufacture, transfer, or possession of such
weapons or devices by a manufacturer or importer for the purposes of
testing or experimentation as authorized by the Director. A person
desiring such authorization shall submit a letter application, in
duplicate, to the Director. Such application shall contain the name and
addresses of the persons directing or controlling, directly or
indirectly, the policies and management of the applicant, the nature or
purpose of the testing or experimentation, a description of the weapons
or devices to be manufactured or imported, and the source of the
weapons or devices. The approved application shall be retained as part
of the records required by Subpart H of this part.
Par. 31. Section 178.171 is amended by revising the last sentence
to read as follows:
Sec. 178.171 Exportation.
* * * Licensed manufacturers and licensed importers exporting armor
piercing ammunition and semiautomatic assault weapons manufactured
after September 13, 1994, shall maintain records showing the name and
address of the foreign consignee and the date the armor piercing
ammunition or semiautomatic assault weapons were exported.
PART 179--MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER
FIREARMS
Par. 32. The authority citation for 27 CFR part 179 continues to
read as follows:
Authority: 26 U.S.C. 7805.
Secs. 179.34, 179.36, 179.42, 179.46, 179.47, and 179.50 [Amended]
Par. 33. Sections 179.34, 179.36, 179.42, 179.46, 179.47, and
179.50 are amended by removing ``5630.5'' wherever it occurs and,
adding in its place, ``5630.7.''
Par. 34. Section 179.34(e) is added to read as follows:
Sec. 179.34 Special tax registration and return.
* * * * *
(e) Identification of taxpayer. If the taxpayer is an individual,
with the initial return such person shall securely attach to Form
5630.7 a photograph of the individual 2 x 2 inches in size, clearly
showing a full front view of the features of the individual with head
bare, with the distance from the top of the head to the point of the
chin approximately 1\1/4\ inches, and which shall have been taken
within 6 months prior to the date of completion of the return. The
individual shall also attach to the return a properly completed FBI
Form FD-258 (Fingerprint Card). The fingerprints must be clear for
accurate classification and should be taken by someone properly
equipped to take them: Provided, That the provisions of this paragraph
shall not apply to individuals who have filed with ATF a properly
executed Application for License under 18 U.S.C. Chapter 44, Firearms,
ATF Form 7 (5310.12) (12-93 edition), as specified in Sec. 178.44(a).
Signed: February 10, 1995.
Daniel R. Black,
Acting Director.
Approved: February 27, 1995.
John P. Simpson,
Deputy Assistant Secretary, (Regulatory, Tariff and Trade Enforcement).
[FR Doc. 95-8233 Filed 4-3-95; 4:18 pm]
BILLING CODE 4810-31-U
