II. Laws
G. Federal Firearms Laws
2. BATF Regs for the Crime Bill AW Ban
by James Bardwell (bardwell@netcom.com)
[pages 17446-17456 Federal Register April 6, 1995]
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superseded by final regulations.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]
SECOND DOCUMENT
[pages 17494-95, April 6, 1995 Federal Register.]
SUMMARY: In the Rules and Regulations portion of this Federal
Register, the Bureau of Alcohol, Tobacco and Firearms (ATF) is
issuing temporary regulations regarding the implementation 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 [[Page 17495]] 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 regulations also serve as the
text of this notice of proposed rulemaking for final regulations.
DATES: Written comments must be received on or before July 5, 1995.
ADDRESSES: Send written comments to: Chief, Regulations Branch;
Bureau of Alcohol, Tobacco and Firearms; P.O. Box 50221;
Washington, DC 20091-0221; Attn.: Notice No. 807.
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:
Executive Order 12866
It has been determined that this proposed 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.
Regulatory Flexibility Act
It is hereby certified that these proposed regulations will not
have a significant economic impact on a substantial number of small
entities. Accordingly, a regulatory flexibility analysis is not
required. The revenue effects of this rulemaking on small
businesses flow directly from the underlying statute. Likewise, any
secondary or incidental effects, and any reporting, recordkeeping,
or other compliance burdens flow directly from the statute.
Paperwork Reduction Act
The collections of information contained in this notice have
been submitted to the Office of Management and Budget for review in
accordance with the Paperwork Reduction Act of 1980 (44 U.S.C.
3504(h)). Comments on the collections of information should be sent
to the Office of Management and Budget, Paperwork Reduction Project
1512-0526, Attention: Desk officer for the Department of the
Treasury, Bureau of Alcohol, Tobacco and Firearms, Office of
Information and Regulatory Affairs, Washington, DC 20503, with
copies to the Chief, Information Programs Branch, Room 3450, Bureau
of Alcohol, Tobacco, and Firearms, 650 Massachusetts Avenue, NW.,
Washington, DC 20226.
The collections of information in this proposed regulation are
in 27 CFR 178.40(c), 178.40a(c), 178.129(e), 178.132, and 178.133.
This information is required by ATF to ensure compliance with the
provisions of Pub. L. 103-322 (108 Stat. 1796). The likely
respondents and recordkeepers are individuals and businesses.
Estimated total annual reporting and recordkeeping burden: 2.52
hours. Estimated number of respondents and recordkeepers:
2,206,555. Total annual hours requested:
699,863. Additional collections of information contained in this
proposed regulation which have approved control numbers are in
Secs. 178.39a (OMB No. 1512-0524), 178.47 (OMB Nos. 1512-0522 and
1512-
0523), 178.52 (OMB No. 1512-0525), and 178.119 (OMB Nos. 1512-0017,
1512-0018, and 1512-0019).
Public Participation
ATF requests comments on the temporary regulations from all
interested persons. Comments received on or before the closing date
will be carefully considered. Comments received after that date
will be given the same consideration if it is practical to do so,
but assurance of consideration cannot be given except as to
comments received on or before the closing date.
ATF will not recognize any material in comments as
confidential. Comments may be disclosed to the public. Any material
which the commenter considers to be confidential or inappropriate
for disclosure to the public should not be included in the comment.
The name of the person submitting a comment is not exempt from
disclosure.
Any interested person who desires an opportunity to comment
orally at a public hearing should submit his or her request, in
writing, to the Director within the 90-day comment period. The
Director, however, reserves the right to determine, in light of all
circumstances, whether
a public hearing is necessary.
The temporary regulations in this issue of the Federal Register
amend the regulations in 27 CFR Parts 55, 72, 178, and 179. For the
text of the temporary regulations, see T.D. ATF-363 published in
the Rules and Regulations section of 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.
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. 95-8234 Filed 4-3-95; 4:18 pm]