Case 1:14-cv-01211-JAM-SAB Document 25 Filed 01/09/15 ...

Case 1:14-cv-01211-JAM-SAB Document 25 Filed 01/09/15 of 6

ADMINISTRATIVE RECORD Page Date Description

Correspondence and Litigation 1-6 July 2013 Legal Memo submitted with EP Arms

submission (Davis & Associates) 7-9 February 2014 Classification Letter (Davis & Associates)

10-19 March 2014 Legal Memo submitted with EP Arms Request for Reconsideration (Davis & Associates)

20-25 Reconsideration Classification Letter (Davis & Associates)

26-33 March 2010 Classification Letter (Quentin Laser) 34-36 November 2013 Classification Letter (Bradley Reece) 37-42 May 2013 Classification Letter (Kenney Enterprises) 43-50 Portion of chapter in The AR-15/M-16

Practical Guide dealing with making an AR-type firearm

51-56 Graphic representation of the firing cycle of an AR-type firearm Semi Auto Functioning of an

AR-15) AR-15 (Folder)

57-59 May 2014 Classification Letter (ERTW Consulting) 60-61 May 1983 Classification Letter (SGW)

62 May 1992 Classification Letter (Philadelphia Ordnance) 63-64 July 1994 Classification Letter (Thomas Miller) 65-66 December 2002 Classification Letter (Mega Machine Shop)

67 July 2003 Classification Letter (Justin Halford) 68-69 January 2004 Classification Letter (Continental Machine

Tool) 70-71 March 2004 Classification Letter (Randy Paschal) 72-73 January 2004 Classification Letter (Continental Machine

Tool) 74-77 July 2006 Classification Letter (Kevin Audibert) 78-79 April 2006 Classification Letter (Justin Halford) 80-81 August 2007 Classification Letter (Kevin Audibert) 82-83 March 2011 Classification Letter (Lancer Systems) 84-86 April 2012 Classification Letter (Elysium Arms) 87-88 December 2009 Classification Letter (Cerro Fabricated

Products) 89-91 June 2013 Classification Letter (The Mike Towers Group) 92-94 June 2013 Classification Letter (The Mike Towers Group) 95-97 November 2013 Classification Letter (Palmetto State Defense) 98-103 May 2013 Classification Letter (Kenney Enterprises) 104-113 July 2013 Classification Letter (80 Percent Arms) 114-116 November 2013 Classification Letter (Palmetto State Defense)


117-118 May 2014 Classification Letter (Technical Grinding & Machining)

119-120 May 2014 Classification Letter (Battle Born Tactics) 121-122 February 2009 Classification Letter (FN Manufacturing) 123-124 February 2003 Classification Letter (Justin Halford)

Indexing Language 125-134 AR Receiver Classification Documents

Referencing “Index” 135-136 May 2009 Classification Letter (Ultra-Tech) 137-138 July 2009 Classification Letter (G&S Precision Machine)

139 February 2011 Classification Letter (DPM Shops) 140-141 September 2011 Classification Letter (West Cobb Tactical) 142-143 February 2013 Classification Letter (Island Tool and Die) 144-146 December 2013 Classification Letter (LockStone Industries) 147-148 May 2013 Classification Letter (Venegas Works) 149-150 June 2013 Classification Letter (Nick Pamprome) 151-153 December 2013 Classification Letter (DeJong Manufacturing) 154-156 November 2013 Classification Letter (TPM Arms) 157-158 July 2013 Classification Letter (Alpha Machine) 159-160 August 2013 Classification Letter (Range Tool Company) 161-162 November 2013 Classification Letter (Range Tool Company) 163-165 January 2014 Classification Letter (2nd AM Arms)

Machineguns 166 June 1986 Classification Letter (Inter American Import-

Export) 167-168 December 2003 Classification Letter (Independent Studio

Services) 169-170 September 1998 Classification Letter (Poor Man’s Pawn) 171-175 September 2010 FTB Classification Letter (evaluating Vickers

Maxim machinegun) 176-177 December 2010 Classification Letter (Irac) 178-179 September 2004 Classification Letter (Stephen Silverberg) 180-182 July 2003 Classification Letter (Hedgehog

Manufacturing) 183-184 April 2006 Classification Letter (Long Mountain

Outfitters) 185 May 1986 Classification Letter (Colt)

186-187 October 2010 Classification Letter (IRAC) 188-189 September 2004 Classification Letter (Mark Barnes &

Associates) 190-192 December 1990 Classification Letter (John Benjamin) 193-194 December 2010 Classification Letter (IRAC)

195 August 1985 Classification Letter (Philadelphia Ordnance) 196 June 1985 Classification Letter (Saron)

197-198 July 1986 Classification Letter (P.A.W.S.)


199-201 August 2002 Classification Letter (Black Bear Manufacturing)

Misc. Firearms 202-203 May 1990 Classification Letter (Springfield Armory)

204 May 2004 Classification Letter (Numrich Gun Parts) 205-207 June 1981 Classification Letter (Savage Arms)

208 August 1990 Classification Letter (Wieslaw Czerepak) Pistol

209-210 January 2004 Classification Letter (National Ordnance) 211-212 September 2012 Classification Letter (Hi-Standard

Manufacturing) 213-214 August 2004 Classification Letter (Dan Wesson Firearms) 215-216 January 2005 Classification Letter (Taurus Int’l) 217-218 December 2005 Classification Letter (Pine Tree Castings)

Legislative History 219-223 1964 Congressional Hearing regarding the

statutory change in definition of firearm 224-226 1966 Congressional Report 227-228 Definition of “Firearm” under the Federal

Firearms Act (Federal firearms law prior to the GCA)

229-234 1968 Hearings regarding the Original GCA Regulations

235-251 NPRM for the Original GCA Regulations 252-270 Final Notice for Original GCA Regulations 271-274 1937 Hearings on the Federal Firearms Act

YouTube Videos 275 YouTube Video regarding the EP Arms

receiver 276 YouTube Video regarding the EP Arms



receiver 279-281 ATF Reference Material 282-284 ATF Reference Material 285-290 FTB Bulleting 14-01 Describing Unfinished

“80%” AR-15 Type Receivers Technical Publications and Other Photos

291-305 Portion of The M16/AR15 Rifle: A Shooter’s and Collector’s Guide (2d ed.)

306-317 Portion of The Complete AR-15/M16 Sourcebook

318-327 Portion of The M16/AR15 Rifle: A Shooter’s


and Collector’s Guide (2d ed.) 328-339 Portion of The Black Rifle (vol. 3) 340-350 Portion of The AR-15/M16 Practical Guide

outlining the disassembly of the AR-15 and M-16 firearms.

351-354 Statistics for the Firearms and Ammunition Technology Division/ Firearms Technology

Branch (FTB) 355-361 Photographs of the EP80 362-376 Excerpt from RECOIL Magazine outlining the

80% receivers, including the use of jigs. 377-379 Photos of the AR-type firearm including photos

of the upper assembly and lower receiver, a cutaway view, and the “lug” and lug hole.


Case 1:14-cv-01211-JAM-SAB Document 23 Filed 01/09/15 Page 1 of 6

ADMINISTRATIVE RECORD Page Date Description

Correspondence and Litigation 1-6 July 2013 Legal Memo submitted with EP Arms

submission (Davis & Associates) 7-9 February 2014 Classification Letter (Davis & Associates)

10-19 March 2014 Legal Memo submitted with EP Arms Request for Reconsideration (Davis & Associates)

20-25 Reconsideration Classification Letter (Davis & Associates)

26-33 March 2010 Classification Letter (Quentin Laser) 34-36 November 2013 Classification Letter (Bradley Reece) 37-42 May 2013 Classification Letter (Kenney Enterprises) 43-50 Portion of chapter in The AR-15/M-16

Practical Guide dealing with making an AR-type firearm

51-56 Graphic representation of the firing cycle of an AR-type firearm Semi Auto Functioning of an

AR-15) AR-15 (Folder)

57-59 May 2014 Classification Letter (ERTW Consulting) 60-61 May 1983 Classification Letter (SGW)

62 May 1992 Classification Letter (Philadelphia Ordnance) 63-64 July 1994 Classification Letter (Thomas Miller) 65-66 December 2002 Classification Letter (Mega Machine Shop)

67 July 2003 Classification Letter (Justin Halford) 68-69 January 2004 Classification Letter (Continental Machine

Tool) 70-71 March 2004 Classification Letter (Randy Paschal) 72-73 January 2004 Classification Letter (Continental Machine

Tool) 74-77 July 2006 Classification Letter (Kevin Audibert) 78-79 April 2006 Classification Letter (Justin Halford) 80-81 August 2007 Classification Letter (Kevin Audibert) 82-83 March 2011 Classification Letter (Lancer Systems) 84-86 April 2012 Classification Letter (Elysium Arms) 87-88 December 2009 Classification Letter (Cerro Fabricated

Products) 89-91 June 2013 Classification Letter (The Mike Towers Group) 92-94 June 2013 Classification Letter (The Mike Towers Group) 95-97 November 2013 Classification Letter (Palmetto State Defense) 98-103 May 2013 Classification Letter (Kenney Enterprises) 104-113 July 2013 Classification Letter (80 Percent Arms) 114-116 November 2013 Classification Letter (Palmetto State Defense)


117-118 May 2014 Classification Letter (Technical Grinding & Machining)

119-120 May 2014 Classification Letter (Battle Born Tactics) 121-122 February 2009 Classification Letter (FN Manufacturing) 123-124 February 2003 Classification Letter (Justin Halford)

Indexing Language 125-134 AR Receiver Classification Documents

Referencing “Index” 135-136 May 2009 Classification Letter (Ultra-Tech) 137-138 July 2009 Classification Letter (G&S Precision Machine)

139 February 2011 Classification Letter (DPM Shops) 140-141 September 2011 Classification Letter (West Cobb Tactical) 142-143 February 2013 Classification Letter (Island Tool and Die) 144-146 December 2013 Classification Letter (LockStone Industries) 147-148 May 2013 Classification Letter (Venegas Works) 149-150 June 2013 Classification Letter (Nick Pamprome) 151-153 December 2013 Classification Letter (DeJong Manufacturing) 154-156 November 2013 Classification Letter (TPM Arms) 157-158 July 2013 Classification Letter (Alpha Machine) 159-160 August 2013 Classification Letter (Range Tool Company) 161-162 November 2013 Classification Letter (Range Tool Company) 163-165 January 2014 Classification Letter (2nd AM Arms)

Machineguns 166 June 1986 Classification Letter (Inter American Import-

Export) 167-168 December 2003 Classification Letter (Independent Studio

Services) 169-170 September 1998 Classification Letter (Poor Man’s Pawn) 171-175 September 2010 FTB Classification Letter (evaluating Vickers

Maxim machinegun) 176-177 December 2010 Classification Letter (Irac) 178-179 September 2004 Classification Letter (Stephen Silverberg) 180-182 July 2003 Classification Letter (Hedgehog

Manufacturing) 183-184 April 2006 Classification Letter (Long Mountain

Outfitters) 185 May 1986 Classification Letter (Colt)

186-187 October 2010 Classification Letter (IRAC) 188-189 September 2004 Classification Letter (Mark Barnes &

Associates) 190-192 December 1990 Classification Letter (John Benjamin) 193-194 December 2010 Classification Letter (IRAC)

195 August 1985 Classification Letter (Philadelphia Ordnance) 196 June 1985 Classification Letter (Saron)

197-198 July 1986 Classification Letter (P.A.W.S.)


199-201 August 2002 Classification Letter (Black Bear Manufacturing)

Misc. Firearms 202-203 May 1990 Classification Letter (Springfield Armory)

204 May 2004 Classification Letter (Numrich Gun Parts) 205-207 June 1981 Classification Letter (Savage Arms)

208 August 1990 Classification Letter (Wieslaw Czerepak) Pistol

209-210 January 2004 Classification Letter (National Ordnance) 211-212 September 2012 Classification Letter (Hi-Standard

Manufacturing) 213-214 August 2004 Classification Letter (Dan Wesson Firearms) 215-216 January 2005 Classification Letter (Taurus Int’l) 217-218 December 2005 Classification Letter (Pine Tree Castings)

Legislative History 219-223 1964 Congressional Hearing regarding the

statutory change in definition of firearm 224-226 1966 Congressional Report 227-228 Definition of “Firearm” under the Federal

Firearms Act (Federal firearms law prior to the GCA)

229-234 1968 Hearings regarding the Original GCA Regulations

235-251 NPRM for the Original GCA Regulations 252-270 Final Notice for Original GCA Regulations 271-274 1937 Hearings on the Federal Firearms Act

YouTube Videos 275 YouTube Video regarding the EP Arms




receiver 279-281 ATF Reference Material 282-284 ATF Reference Material 285-290 FTB Bulleting 14-01 Describing Unfinished

“80%” AR-15 Type Receivers Technical Publications and Other Photos

291-305 Portion of The M16/AR15 Rifle: A Shooter’s and Collector’s Guide (2d ed.)

306-317 Portion of The Complete AR-15/M16 Sourcebook

318-327 Portion of The M16/AR15 Rifle: A Shooter’s


and Collector’s Guide (2d ed.) 328-339 Portion of The Black Rifle (vol. 3) 340-350 Portion of The AR-15/M16 Practical Guide

outlining the disassembly of the AR-15 and M-16 firearms.

351-354 Statistics for the Firearms and Ammunition Technology Division/ Firearms Technology

Branch (FTB) 355-361 Photographs of the EP80 362-376 Excerpt from RECOIL Magazine outlining the

80% receivers, including the use of jigs. 377-379 Photos of the AR-type firearm including photos

of the upper assembly and lower receiver, a cutaway view, and the “lug” and lug hole.


Mr. Jacob DeCremer Page 2

The FTB examination confrrmed that the forging has been partially machined, with no machining of any kind performed in the area of the trigger/hammer recess. The machining operations performed for this sample include-

• Implementation of magazine well area. • Threads cut for receiver extension. • Holes drilled for front and rear takedown pins. • Holes drilled for front takedown detent and spring. • Hole drilled and machined for magazine catch. • Hole drilled for bolt·catch plunger and spring. • Hole drilled for magazine-release button and spring. • Hole drilled for buffer detent and spring. • Hole drilled and tapped for pistol-grip screw. • Takedown pin lug clearance cut of less than .800 inch.

Further, the trigger/hammer recess of your submitted sample (see below) is solid, and there are no index detents machined for the safety lever or the trigger/hammer pins. Accordingly, FTB finds that the submitted item is not a "firearm" as defined in the GCA. Please note that this classification is based on the item received and examined by our Branch. Any changes to its characteristics would require re-evaluation by FTB.

We thank you for your inquiry and trust the foregoing has been responsive to your evaluation request. The forging will be returned via your postage-paid USPS priority shipping box.

Sincerely yours,

. lth echnology Branch

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Case 1:14-cv-01211-JAM-SAB Document 23-1 Filed 01/09/15 Page 1 of 70

FN Manufacturing, Inc. P.O. Box 24257 Columbia, South Carolina 29224

To Whom It May Concern:

U.S. Department of Justice

Bureau of Alcohol, Tobacco, Firearms and Explosives

903050:AG Ma~insbu•g, West Vi,ginia 25405 33 11/2009-336 ~'WW.atf.gov

F"EB 1 1 2009

This is in reference to· two items submitted to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Firearms Technology Branch (FfB), for classification under the Gun Control Act of 1968(GCA). The submitted items are M16A4 receiver castings-one raw, the other partially machined.

During the FTB examination, it was determined that the partially machined casting would require the following major machining operations to allow both the attachment of an AR-15 pattern upper receiver assembly and the firing of a cartridge from the entire assemblage:

• Machine pivot pin hole(s). • Machine takedown pin hole(s). • Machine trigger pin hole(s). • Machine hammer pin hole(s).

Also, additional minor machining or fitting operations could be required.

For your information, previous determinations by FTB have classified receivers having less machining than your sample as " firearms." Since your sample is nearly complete, requiring only minor modifications to allow it to function as the frame or receiver of a firearm, it is a firearm as defined in 18 U.S.C. 921 (aX3).

As you may be aware, an AR-15 type receiver which has no machining performed whatsoever in the area of the trigger/hammer recess might not be classified as a firearm. Such a receiver could have all other machining operations performed, including pivot pin and takedown pin hole(s) and clearance for the takedown pin lug, but would have to be completely solid and un-machined in the trigger/hammer recess area (see photo insert below). If you are interested in having such a modified item formally classified, you must submit it to FTB for examination.

0121

0121


-2-

FN Manufacturing, Inc.

Please note that, absent an actual submission, this response cannot constitute a classification of a hypothetical receiver having a solid trigger/hammer area.

We thank you for your inquiry and trust that the foregoing has been responsive.

Sincerely yours,

0122

0122


DEPARTMENTOFTHETREASURY BUREA U OF ALCOHOL, TOBACCO AND FIREARM S

Mr . Justin Halfor d 312 Oxford Cove Jonesboro, Arkansas 72404

Dear Mr. Halford :

,:j ... \ ....

903050:RLB 3311/2003 - 227

~his i s in response to your letter dated January 21, 2003 , to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). I n your letter you ask about manufacturing 80% complete receiver s.

The terms 50%, 80% and 90% complete receivers are commonly used for advertisement purposes. Such terms do not accurately identify the condition of a partially completed or un finished receiver and have no precise meaning . Further, such terms did not originate with ATF, are not used by ATF and have no legal or technical meaning within ATF.

In order for us to render any opinion regarding the status of a par tially finished receiver, we need to physically examine a sample . If you care to submit a sample of the subject receiver, we will be happy to exami ne it and provide you with an appropriate classification and any related determinations. Upon completion o f our examination, the sample w~ l1 be returned to you. However, you should be aware that if the sample is found to be a machinegun receiver or otherwise subject to the purview of the National Firearms Act, it could not b e returned and would have to be abandoned t o the government .

WWW .ATF. T REAS.GOV

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-2 -

Mr . Justin Halfor d

Samples may be forwa rded to the below-listed address:

Bureau of Alcohol, Tobacco , Firearms and Explosi ves Firearms Technology Branch, Room 6450

650 Massachusetts Avenue, NW Washington, DC 20226

We regret that we are unable to respond more fully at the present time. I f we may be of any further ass i stance, pl e ase contact us .

Sincerely yours ,

( ___ / /~ ~:;/ /

Curtis H.A. Bartlett Chief, Firearms Technology Branc h

0124

0124


AR Receiver classification documents referencing “index”:

73703 (2009-840) Correspondence was date stamped July 24, 2009. FTB was asked to classify

two samples of partially machined AR-15 type receiver-castings (“current” and “proposed”).

The FTB evaluation of “current” found that the following machining operations had been

completed:

Milling to shape, from aluminum alloy, of an AR-15 receiver.

Milling of recesses for the bolt stop and magazine release.

Milling of the forward and rear take-down pins.

Milling of the magazine well.

Threading for the attachment of the buffer tube assembly.

Drill and tap for the pistol-grip screw.

Hole for the take-down retaining pin and spring.

Drilling of the selector-lever pivot holes.

Milling of the cavity for the fire-control (trigger-group) components.

Selector-lever position markings: “FIRE” and “SAFE”

The machining operations were not completed:

Drilling of the fire-control (trigger-group) component pivot-pin holes.

Removal of excess metal on the left side used to secure and align the block for

machining.

Sample “proposed” was identical to “current” except in the amount of excess material on the left

side of the receiver that is used to secure and align the block for machining. The correspondence

stated that FTB had previously determined that if an AR-type receiver-blank possessed either

pivot pin holes or indexing marks for the fire-control components (trigger group), or, if any of

the cavity for the trigger group has been milled, then the receiver-blank would have been

finished to the point at which it could be recognized as a firearm or receiver. Each of the

submitted samples contained at least one of these critical features (the trigger-group cavity).

FTB found that both samples are finished to the point at which they would be classified as

firearms pursuant to § 921(a)(3) and regulated by the GCA.

301809 Correspondence was date stamped May 21, 2014. FTB was asked to classify an AR-15

pattern receiver forging. The correspondence stated that FTB had previously determined that an

AR-15 type receiver which has no machining of any kind performed/present in the area of the

trigger/hammer (fire-control) recess (or cavity), does not contain any holes or dimples (indexing

marks) for the trigger, hammer, and selector might not be classified as a firearm. Such a receiver

could have all other machining operations performed, including pivot-pin and takedown-pin

hole(s) and clearance for the takedown-pin lug, but must be completely solid and un-machined

(or cast solidly) in the fire-control recess area. It further stated that in order to be considered

“completely solid or un-machined in the fire-control recess/cavity area,” the takedown-pin lug

clearance area must be no longer than .800 inch, measured from immediately forward of the

front of the buffer-retainer hole. FTB determined that the forging had been partially machined,

to include drilling for the pivot-pin and takedown-pin holes. The forging also featured a drilled

hole forward of the pistol grip and screw hole; however, these holes do not encroach into the

fire-control recess area. FTB determined that the submitted item is not a firearm as defined in

the GCA.

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0125


302071 Correspondence was date stamped May 5, 2014. FTB was asked to classify a partially

machined AR-15 pattern receiver forging. The correspondence provided definitions for the

following terms used by FTB: receiver blank, incomplete receiver, and receiver. It also stated

that FTB had previously determined that an AR-15 type receiver which has no machining of any

kind performed in the area of the trigger/hammer recess might not be classified as a firearm.

Such a receiver could have all other machining operations performed, including pivot-pin and

takedown-pin hole(s) and clearance for the takedown-pin lug, but must be completely solid and

un-machined in the trigger/hammer-recess area. The FTB examination confirmed that the

forging had been partially machined, with no machining of any kind performed in the area of the

trigger/hammer recess. The machining operations performed for this sample include:

Implementation of magazine well area.

Threads cut out for receiver extension.

Holes drilled for front and rear takedown pins.

Holes drilled for front takedown detent and spring.

Hole drilled and machined for magazine catch.

Hole drilled for bolt-catch plunger and spring.

Hole drilled for magazine-release button and spring.

Hole drilled for buffer detent and spring.

Hole drilled and tapped for pistol-grip screw.

Takedown pin lug clearance cut of less than .800 inch.

Further, the trigger/hammer recess of the submitted sample was solid, and there were no index

detents machined for the safety lever or the trigger/hammer pins. FTB found that the submitted

item was not a “firearm” as defined in the GCA.

301269 Correspondence was dated January 13, 2014. FTB was asked to classify an AR-15 type

receiver blank. The correspondence stated that FTB had previously determined that an AR-15

type receiver which has no machining of any kind performed in the area of the trigger/hammer

recess might not be classified as a firearm. Such a receiver could have all other machining

operations performed, including pivot-pin and takedown-pin hole(s) and clearance for the

takedown-pin lug, but must be completely solid and un-machined in the trigger/hammer-recess

area. FTB’s examination of the sample confirmed that the forging had been partially machined,

with no machining of any kind performed in the area of the trigger/hammer recess. The

machining operations performed for this sample include:

Implementation of magazine well.

Threads cut from receiver extension.






Holes drilled for trigger guard.


Hole drilled and tapped for pistol grip screw.

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0126


The trigger/hammer recess of your submitted sample is solid and there are no index detents

machined for the safety lever or the trigger/hammer pins. FTB determined that the submitted

item is not a firearm as defined in the GCA.

301012 Correspondence is dated December 17, 2013. FTB was asked to classify an aluminum

AR-15 type receiver blank. The correspondence stated that FTB had previously determined that

an AR-15 type receiver which has no machining of any kind performed in the area of the

trigger/hammer recess might not be classified as a firearm. Such a receiver could have all other

machining operations performed, including pivot-pin and takedown-pin hole(s) and clearance for

the takedown-pin lug, but must be completely solid and un-machined in the trigger/hammer

recess area. The FTB examination of the sample confirmed that the forging had been partially

machined, with no machining of any kind performed in the area of the trigger/hammer recess.

The machining operations performed for this sample include:

Implementation of the magazine well.










detents machined for the safety lever or the trigger/hammer pins; however there were two

indexing-type indent holes encroaching in the restricted area. FTB found that the submitted item

was not a “firearm” as defined in the GCA.

301048 Correspondence is dated December 3, 2013. FTB was asked to classify an AR-15 type





takedown-pin lug, but must be completely solid and un-machined in the trigger/hammer recess

area. The FTB examination of the sample confirmed that the forging had been partially












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0127






301252 Correspondence is dated November 22, 2013. FTB was asked to classify an AR-15 type









Implementation of magazine well.













301171 Correspondence is dated November 22, 2013. FTB was asked to classify an AR-15 type

















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0128







301349 Correspondence is date stamped November 12, 2013. FTB was asked to classify a

partially machined AR-15 pattern receiver forging. The correspondence stated that FTB had

previously determined that an AR-15 type receiver which has no machining of any kind

performed in the area of the trigger/hammer recess might not be classified as a firearm. Such a

receiver could have all other machining operations performed, including pivot-pin and


un-machined in the trigger/hammer recess area. FTB confirmed that the forging had been

partially machined, with no machining of any kind performed in the area of the trigger/hammer

recess. The machining operations performed for this sample include:

The magazine well.

Threads cut for the receiver extension.



Hole drilled for magazine catch.






Take-down pin clearance recess not exceeding .800 inch in length.

The trigger/hammer recess of the submitted sample is solid, and there are no index detents



301235 Correspondence was dated August 9, 2013. FTB was asked to classify a partially

machined AR-15 pattern receiver forging. The correspondence stated that FTB had previously

determined that an AR-15 type receiver which has no machining of any kind performed in the

area of the trigger/hammer recess might not be classified as a firearm. Such a receiver could

have all other machining operations performed, including pivot-pin and takedown-pin hole(s)

and clearance for the takedown-pin lug, but must be completely solid and un-machined in the

trigger/hammer recess area. The FTB examination confirmed that the forging had been partially


The machining operations performed on this sample include:

The magazine well.

Threads cut for receiver extension.





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0129






Further, the trigger/hammer recess of the submitted sample is solid, and there are no index

detents machined for the safety lever or the trigger/hammer pins. FTB determined that the

submitted item is not a firearm as defined in the GCA.

301181 Correspondence was dated July 30, 2013. FTB was asked to classify a partially

machined AR-15 pattern receiver. The correspondence stated that FTB had previously


area of the trigger/hammer (fire-control) recess might not be classified as a firearm. Such a



un-machined in the trigger/hammer recess area. The FTB examination confirmed that the

submitted forging had been partially machined, but had no machining of any kind performed in

the area of the trigger/hammer recess. The machining operations performed included the

following:

Clearance of magazine well.





Hole drilled for bolt-catch plunger and spring. Hole drilled for magazine-release button

and spring.

Clearance for integral trigger guard.

Hole drilled for buffer-detent and spring.

The trigger/hammer recess of the sample was solid, and there were no index detents machined

for the safety lever or the trigger/hammer pins. FTB determined that the submitted forging is not

a firearm as defined in the GCA.

300968 Correspondence is dated June 5, 2013. FTB was asked to classify a partially machined

AR-15 pattern receiver. The correspondence stated that FTB had previously determined that an

AR-15 type receiver which has no machining of any kind performed in the area of the

trigger/hammer recess might not be classified as a firearm. Such a receiver could have all other

machining operations performed, including pivot-pin and takedown-pin hole(s) and clearance for

the takedown-pin lug, but must be completely solid and un-machined in the trigger/hammer

recess area. FTB confirmed that the forging had been partially machined, but had no machining

of any kind performed in the area of the trigger/hammer recess. The manufacturing operations

performed include:

Clearance for magazine well.



Holes drilled for front taking detent and spring.


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0130


Hole drilled for bolt catch plunger and spring.



Hole drilled for buffer-detent and spring.

The trigger/hammer recess of the sample was solid, and there was no index detents machined for

the safety lever or the trigger/hammer pins. FTB determined that the submitted forging is not a

firearm as defined in the GCA.

300746 Correspondence is date stamped May 13, 2013. FTB was asked to classify a partially






trigger/hammer recess area. FTB confirmed that the forging had been partially machined, but

had no machining of any kind performed in the area of the trigger/hammer recess. The

manufacturing operations performed for this sample include:

The magazine well.



Holes drilled for front taking detent and spring.


Hole drilled for bolt catch plunger and spring.




The trigger/hammer recess of the submitted sample was solid, and there was no index detents



300354 Correspondence is date stamped March 7, 2013. FTB was asked to classify a partially






trigger/hammer-recess area. FTB confirmed that the forging had been partially machined, but

had no machining of any kind performed in the area of the trigger/hammer recess. The

machining operations performed on this sample include:

The magazine well.

Threads cut for the receiver extension.





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0131





The trigger/hammer recess of the submitted sample is solid, and there are no index detents



75688 (2011-394) Correspondence was date stamped February 9, 2011. FTB was asked to

classify two partially machined AR-15 type receivers. The correspondence stated FTB has

previously informed the requestor that an AR-15 type receiver which has no machining of any

kind performed in the area of the trigger/hammer (fire-control) recess might not be classified as a

firearm. Such a receiver could have all other machining operations performed, including pivot-

pin and takedown-pin hole(s) and clearance for the takedown-pin lug, but must be completely

solid and un-machined in fire-control recess area. Although one of the submitted samples has a

reference hole which is necessary for a broaching operation (this reference hole is located in the

fire-control recess area), the magazine well is the only significant machining operation which has

been preformed. The second sample has been partially machined in the magazine-well area, but

has not yet been broached and does not incorporate the indexing hole mentioned above. Neither

of the submitted items has been machined to a point at which it is capable of being used as the

frame or receiver of a firearm. Accordingly, the submitted items are not firearms as define in the

GCA.

73428 (2009-565) Correspondence was date stamped May 20, 2009. FTB was asked to classify

a partially machined AR-15 type receiver-casting. The FTB evaluation found that the following

machining operations had been completed:

Casting to shape, from aluminum alloy, of an AR-15 receiver.

Milling of recesses for the bolt stop and magazine release.

Milling of the forward and rear take-down pins.

Milling of the magazine well.

Threading for the attachment of the buffer tube assembly.

Drill and tap for the pistol-grip screw.

Hole for the take-down retaining pin and spring.

The following operations were not completed:

Drilling of the fire-control (trigger-group) component pivot-pin holes.

Milling of the cavity for the fire-control (trigger-group) components.

The correspondence stated that FTB had previously determined that if an AR-type receiver-blank

possessed either pivot pin holes or indexing marks for the fire-control components (trigger

group), or, if any of the cavity for the trigger group has been milled, then the receiver-blank

would have been finished to the point at which it could be recognized as a firearm or receiver.

The submitted sample did not contain any of these critical features. FTB found that the sample

AR-15 type receiver-casting is not yet finished to the point at which it would be classified as a

firearm and would not be regulated by the GCA or NFA.

76287 (2011-993) Correspondence was date stamped September 7, 2011. FTB was asked to

classify a receiver blank. The blank appeared to be intended (in its finished state) to be a

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primary component of a modular receiver-assembly somewhat based upon the layout of an AR-

type receiver. The following machining operations were observed:

The top has a radiused cut made along its length.

The bottom rear has a radiused cut for the grip area.

Holes have been drilled for the upper-assembly front and rear mounting pins.

Indexing holes have been made for the

o Hammer.

o Trigger.

o Safety/selector.

o Forward trigger-guard mounting pin.

o Trigger slot.

o Selector detent.

o Grip mounting screws.

o Buttstock alignment pin.

The correspondence stated that ATF had determined that an AR-type receiver-blank that has

either (1) the fire-control cavity milled or indexed; or (2) any of the fire-control component

mounting pin holes drilled or indexed, in any way, is sufficiently complete to constitute the

frame or receiver of a firearm as defined in 921(a)(3). FTB’s examination of the sample

indicated that it may be based on an AR-type firearm receiver design; it also appeared to

incorporate substantial departures from the basic AR design. FTB requested a more complete

version of the sub-assembly and possibly a fully assembled receiver assembly.

301685 Correspondence date stamped May 5, 2014. FTB was asked to classify a partially

machined AR-10 pattern receiver prototype. The correspondence stated that FTB had previously


area of the trigger/hammer (fire-control) recess might not be classified as a firearm. Such a



un-machined in the fire-control recess area. The FTB examination confirmed the

polyaryletherketone/polyvinylalcohol/polystyrene/acrylonitrylebutadiene styrene polymer/glass

fiber composition contains a “filler” material in the fire-control recess area. In addition, indexing

holes were visible in the following locations:

Pivot pin hole.

Takedown pin hole.

Safety-selector hole.

Hammer/trigger pin hole.

Trigger cavity.

FTB determined that the submitted “prototype receiver” is classified as a firearm as defined in

the GCA, § 921(a)(3) since the fire-control recess area contains a filler and is not completely

solid.

300980 Correspondence was dated June 14, 2013. FTB was asked to classify a partially

completed polymer AR-15 pattern receiver. The correspondence stated that FTB had previously

determined that an AR-15 type receiver which has no machining/molding or cavity of any kind

performed in the area of the trigger/hammer recess might not be classified as a firearm. Such a

receiver could have all other machining/molding/additive manufacturing operations performed,

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including pivot-pin and takedown-pin hole(s) and clearance for the takedown-pin lug, but must

be completely solid and un-machined/molded in the trigger/hammer-recess area. FTGB

determined that the item had been partially machined/molded /additive-manufactured, but had no

machining/molding of any kind performed in the area of the trigger/hammer recess. The

manufacturing operations performed for this sample included:

Completion of magazine-well cavity.

Threads cut/molded for receiver extension.

Holes drilled/molded for front and rear takedown pins.

Holes drilled/molded for front takedown detent and spring.

Hole drilled/molded for magazine catch.

Hole drilled/molded for bolt-catch plunger and spring.

Hole drilled/molded for magazine-release button and spring.


The trigger/hammer recess area of the submitted sample was solid, and there were no index

detents machined for the safety lever or the trigger/hammer pins. FTB determined that the

submitted item was not a firearm as defined in the GCA.

0134

0134




Mr. Chris Coad Ultra-Tech, Inc. 3003 Power Drive Kansas City, Kansas 66106

Dear Mr. Coad:

Maninsbufl. We$1 V.rgima 25405

W"WW,atf.gov

MAY 2 0 2009

903050:MMK 3311 /2009-565

This refers to your letter to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Firearms Technology Branch (FTB), with an accompanying sample of a partially machined AR- 15 type receiver-casting. You have requested a classification of the sample.

The FTB evaluation of this casting found that the following machining operations had been completed:

• Casting to shape, from aluminum alloy, of an AR-15 type receiver. • Milling of recesses for the bolt stop and magazine release. • Milling of the forward and rear take-down pins. • Milling of the magazine well. • Threading for the attachment of the buffer tube assembly. • Drill and tap for the pistol-grip screw. • Hole for the take-down retaining pin and spring.


• Drilling of the fire-control (trigger-group) component pivot-pin holes. • Milling of the cavity for the fire-control (trigger-group) components.

Additionally, we noted that there were no external markings on the receiver.

Our Branch has previously determined that if an AR-type receiver-blank possessed either pivot pin holes or indexing marks for the fire-control components (trigger group); or if any of the cavity for the trigger group had been milled, then the receiver-blank would have been finished to the point at which it could be recognized as a firearm frame or receiver. Your submitted sample does not contain any of these critical features.

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-2-

Mr. Chris Coad

Based on our examination, FTB finds that this sample AR-15 type receiver<asting is not yet finished to the point at which it would be classified as a fircann. As such, it is not regulated by the Gun Control Act or National Fireanns Act.

To facilitate the return of the submitted sample, please provide FTB with the appropriate FcdEx or other common carrier account information within 60 days of receipt of this letter. If you intend to use UPS, you must make arrangements with them to pick up the item at our location. Alternatively, if you wish to abandon the sample to ATF, you may notify us in writing.

We trust the foregoing has been responsive to your request. If we can be of any further assistance, please contact us.

Sincerely yours,

ohn R. Spencer anns Technology Branch

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0136

Bureau of Alcohol, Tobacco. Fircanns and Explosives

Mr. Rick W. Miller G&S Precision Machine 108 Pine Rd. Newnan, Georgia 30263

Dear Mr. Miller:

Washington. rx: 2022(•

JUL 2 4 2009

903050:MMK 331 1/2009-840

This refers to your letter to the Firearms Technology Branch (FTB), Bureau of Alfohol, Tobacco, Firearms and Explosives (ATF), which was accompanied by two samples of partially machined AR- I 5 type receiver-castings (see enclosed photos). You have requested a classification of the samples with respect to the Gun Control Act of 1968 (GCA), 18 U.S.C. § 921 (a)(3). For clarity, we will refer to the samples as you have marked them- "Current" and "Proposed."

The FTB evaluation of sample "Current" found that the following machining operations have · been completed:

• Milling to shape, from aluminum alloy, of an AR-15type receiver. • Milling of recesses for the bolt stop and magazine release. • Milling of the forward and rear take-down pins. • Milling of the magazine well. • Threading for the attachment of the buffer tube assembly. • Drill and tap for the pistol-grip screw. • Hole for the take-<lowo retaining pin and spring. • Drilling of the selector-lever pivot holes. • Milling of the cavity for the fire-control (trigger-group) components. • Selector-lever position markings: "FIRE' and "SAFE''.


• Drilling of the fire-control (trigger-group) component pivot-pin holes. • Removal of excess metal on the left side used to secure and align the block for

machining.

0137

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-2-

Mr. Rick W. Miller

Sample "Pr oposed" was identical to "Curreot" except in the amount of excess material on the left side of the receiver that is used to secure and align the block for machining. Additionally, we noted that there were no external manufacturer's markings and no serial number on either receiver.

Our Branch has previously detennined that if an AR-type receiver-blank possessed either pivot pin holes or indexing marks for the fire-control components (trigger group), or, if any of the cavity for the trigger group has been milled, then the receiver-blank would have been finished to the point at which it could be recognized as a fireann frame or receiver. Each of your submitted samples contains at least one of these critical features (the trigger-group cavity).

Based on our examination, FTB finds that both sample AR-15 type receiver-castings are finished to the point at which they would be classified as "firearms" pursuant to§ 921(a)(3). As such, they are regulated by the GCA. As per your request, we have enclosed a photo depicting the areas which must not be machined in order to preclude GCA regulation.

To facili tate the return of your samples, please provide FTB with the appropriate FedEx or other common carrier account infonnation within 60 days of receipt of this letter. If you intend to usc UPS, you must make arrangements with them to pick up the items at our location. Alternatively, if you wish to abandon the samples to ATF, you may notify us in writing.

We regret that our findings could not have been more favorable, but trust the foregoing has been responsive to your request. If you have any additional questions, or if we can be of further assistance, please contact us.

Sincerely yours,

ohn R. Spencer Chic , rearms Technology Branch

Enclosures

0138

0138


Mr. Garrell Farulin DPM Shops 224 Big Run Road Lexington, Kentucky 40503

Dear Mr. Fannin:



Mn11(111btl'l , Wtst Vlrgltti4 ZUOS

WWW41t(,p

fEB 0 9 2011

9030SO:AO 331 1nOII-394

This is in reference to two partially machined AR-1 S type receivers, as well as correspondence dBtcd January 24. 2011, to the Firearms Technology Branch (FTB), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). You have submitted these items (photos provided, next page) for classification under the Gun Control Act of 1968 (GCA).

As FTB previously informed Mr. Krimm, DPM Shops. an AR-1 S type receiver which has no machjojng performed at all in the area of the triggcrlharomcr Cfire<ontrOil wess might not be classified as a firearm. Such a receiver could have all other machining operations performed, including pivot-pin and takcdown-pin hole(s) and clearance for the takedown-pin lug, but must be completely solid and un-machined in the fire·control recess area. Although one of the submilled samples has a reference hole which is necessary for a broaching operation (this reference hole is located in the fire-control recess area), the magazine well is the only significant machining operation which has been performed. The second sample has been panially machined in the magazine-well area, but has not yet been broached and does not incorporate the indexing hole mentioned above. Neither of the submitted items has been machined to a point at which it is capable of being used as the frame or receiver of a firearm.

Accordingly, the submiued items are not "firearms" as defined in the GCA. We caution that this classification is based on the items received and examined by our Branch. Any changes to the characteristics of these items would require re-evaluation by FTB.

We thank you for your inquiry and trust that the foregoing has been responsive. Please contact our Branch to arrange for the return of the submiued items.

Enclosure

Sincerely yours,

~- -"""': ,_.."-hn R. Spenc~r

· · earms Technology Branch

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0139

Mr. William Bussey West Cobb Tactical 4297 Bristlecone Dr. Marietta, Georgia 30064

Dear Mr. Bussey:

U.S. Department or Justice

Bureau of Alcohol, Tobacco, Fireanns and Explosives

SEP 0 7 2011

903050:MMK 3311120 I I -993

This is in response to your letter to the Bureau of Alcohol, Tobacco, Firearms and Explosive (ATF), Firearms Technology Branch (FTB), with accompanying sample receiver blank that you want FTB to evaluate per the Gun Control Act of 1968, 18 U.S.C. 921(a)(3).

The submitted sample appears to be a blank intended (in its finished state) to be the primary component of a modular receiver-assembly somewhat based upon the layout of an AR-type receiver. The FTB evaluation noted that the submitted sample (photos enclosed) is a semirectangular block of aluminum 5-15116 inches long, 1-I 3116 inches high, and I 5/16-inch wide. The following machining operations were observed:

I. The top has a "radiused" cut made along its length. 2. The bottom rear has a radiused cut for the grip area. 3. Holes have been drilled for the upper-assembly front and rear mounting pins. 4. Indexing holes have been made for the--

a. Hammer. b. Trigger. c. Safety/selector. d. Forward trigger-guard mounting pin. e. Trigger slot. f. Selector detent. g. Grip mounting screws. h. Buttstock alignment pin.

For your infonnation, A TF has detennined that an AR-type receiver-blank that has either (I) the fire-control cavity milled or indexed; or (2) any of the fire-control component mounting pin holes drilled or indexed, in any way, is sufficiently completed to constitute the frame or receiver of a "firearm" as defined in 921 (a)(3). While our examination of your sample indicated that it may be based on an AR-type firearm receiver design, it also appears to incorporate substantial

0140

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-2-

Mr. William Bussey

departures from the basic AR design. In order to make a fully accurate classification of the submitted sample, FTB would need to see a more complete version of this sub-assembly and possibly a fully assembled receiver assembly. (It would be very helpful if you would reference the file number in the upper right hand comer of this reply when submitting additional samples in connection with this evaluation.)

Should you choose to withdraw your request for evaluation and decide not to submit additional samples, please notify FTB in writing. Additionally, in order to facilitate the return of your submission(s), please provide us with the appropriate return shipment information. !fusing FedEx, you may simply furnish your account number, and we can print a return label at our office. If you use another common carrier or the U.S. Postal Service, you will need to submit a postage-paid return label.

We thank you for your inquiry and trust that the foregoing has been responsive. Do not hesitate to contact us if additional information is needed.

ohn R. Spencer Chie , E rearms Technology Branch

Enclosure

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February 28, 2013

Marshall Swanson CEO Island Tool and Die, Inc 292 Third Street N.E. Pine Island, MN 55963-7631

Dear Mr. Swanson,

0 3 903050:RKD 33111300354

This is in reference to your submitted item, a partially machined AR-15 pattern receiver forging, along with supporting correspondence, recently received by the Firearms Technology Branch (FTB), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). You have submitted this forging (photo provided, next page) for classification under the Gun Control Act of 1968 (GCA).

Our Branch had previously determined that an AR-15 type receiver which has no machining of any kind performed in the area of the trigger/hammer recess might not be classified as a firearm. Such a receiver could have all other machining operations performed, including pivot-pin and takedown-pin hole(s) and clearance for the takedownpin lug, but must be completely solid and un-machined in the trigger/hammer-recess area.

The FTB examination confirmed that the forging has been partially machined, but has no machining of any kind performed in the area of the trigger/hammer recess. The machining operations performed for this sample include-

• The magazine well. • Threads cut for receiver extension. • Holes drilled for front and rear takedown pins. • Holes drilled for front takedmvn detent and spring. • Hole drilled for magazine catch. • Hole drilled for bolt-catch plunger and spring. • Hole drilled for magazine-release button and spring. • Holes drilled for trigger guard.

0142

0142


Marshall Swanson

• Hole drilled for buffer detent and spring.

Further, the trigger/hammer recess of your submitted sample is solid, and there are no index detents machined for the safety lever or the trigger/hammer pins. Accordingly, FTB finds that the submitted item is not a "firearm" as defined in the GCA. Please note that this classification is based on the item received and examined by our Branch. Any changes to its characteristics would require re-evaluation by FTB.

Submitted forging

We thank you for your inquiry and trust that the foregoing has been responsive to your evaluation request. Please provide our Branch with a FedEx account number or common carrier shipping label within 30 days so that we may return your forging.

Sincerely yours,

uu-;-Earl•h

Chief, Firearms Technology Branch

Page2

0143

0143


December 17, 2013

Mr. Lou Volk LockStone Industries 1587 Dell Avenue # 320835 Los Gatos, CA 95032

Dear Mr. Volk,



.llurti11shurg. WI' 25./05

www.atf.gov

903050:GR 3311/301-0 12-GR

This is in reference to your correspondence to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Firearms Technology Branch (FTB), along with a submitted sample of an aluminum AR-15 type receiver blank. Specifically, you have requested FTB to determine if the machining operations performed have reached a point in manufacturing to have this item classified as a "firearm" under the amended Gun Control Act of 1968 (GCA).

As background, the GCA, 18 U.S.C. Section 92l(a)(3), defines the term "firearm" as-

... (A) any weapon (including a swrter gun) which will or is designed to or may readily be converted /o expel a projectile by the action of an explosive; (B) !he .fi'ame or receiver of any such weapon; (C) any .firearm llll!fller or .firearm silencer; or (D) any destructive device. Such term does not include an anlique firearm.

Our Branch has previously determined that an AR-15 type receiver which has no machining of any kind performed in the area of the trigger/hammer recess might not be classified as a firearm. Such a receiver could have all other machining operations performed, including pivot-pin and takedown-pin hole(s) and clearance for the takedownpin lug, but must be completely solid and un-machined in the trigger/hammer-recess area.

0144

0144


Mr. Lou Yolk Page 2

The FTB examination of your sample confirmed that the forging has been partially machined, with no machining of any kind performed in the area of the trigger/hammer recess. The machining operations performed for this sample include-

• Implementation of magazine well. • Threads cut for receiver extension. • Holes drilled for front and rear takedown pins. • Holes drilled for front takedown detent and spring. • Hole drilled and machined for magazine catch. • Hole drilled for bolt-catch plunger and spring. • Hole drilled for magazine-release button and spring. • Hole drilled for buffer detent and spring. • Hole drilled and tapped for pistol grip screw.

Further, the trigger/hammer recess of your submitted sample is solid, and there are no index detents machined for the safety lever or the trigger/hammer pins; however there are two indexinu-tvpe indent holes encroaching in the restricted area noted above (see photos below).

Submitted forging, first view

0145

0145


Mr. Lou Yolk

Submitted forging, second view

Based on our examination, FTB finds that the submitted item is not a ·'firearm" as defined in the GCA.

Page 3

However, we caution that any drilling or machining in the fire control area may alter the classification of a receiver blank of this type. Additionally, ifyou were to move the positions of the two indent holes such as those that are on the sample you submitted, and place them to a position that would align with any fire control component hole or slot, the item would be subject to reexamination for classification.

We thank you for your inquiry and trust the foregoing has been responsive to your request.

Sincerely yours,

fll~ Earl Griffith


0146

0146



Bureau of Alcohol, Tobacco, and Explosives

wv 25405

www.atf.gov

1 3 2011 . 903050:RKD 3311/300746

Mr. Tommy Venegas President Venegas Works, Inc. 5671 Sonoma Drive Pleasanton, California 94566

Dear Mr. Venegas:

This is in reference to your submitted item, a partially machined AR-15 pattern receiver forging, along with supporting correspondence, recently received by the Firearms Technology Branch (FTB), Bureau of Alcohol, Tobacco, Firearn1s and Explosives (ATF). You have submitted this forging (photo provided, next page) for classification under the Gun Control Act of 1968 (GCA).


The FTB examination confirmed that the forging has been partially machined, but has no machining of any kind perforn1ed in the area of the trigger/hammer recess. The machining operations performed for this sample include-

• The magazine well. • Threads cut for receiver extension. • Holes drilled for front and rear takedown pins. • Holes drilled for front takedmvn detent and spring. • Hole drilled for catch. • Hole drilled for bolt-catch plunger and spring.

0147

0147


Mr. Tommy Venegas

• Hole drilled for magazine-release button and spring. • Holes drilled for trigger guard. • Hole drilled for buffer detent and spring.

Further, the trigger/hammer recess of your submitted sample is solid, and there are no index detents machined for the safety lever or the trigger/hammer pins. Accordingly, FTB finds that the submitted item is not a "firearm" as defined in the GCA. Please note that this classification is based on the item received and examined by our Branch. Any changes to its characteristics would require re-evaluation by FTB.

Submitted forging

Finally, we recommend that you confirm that possessing or constructing a partially completed lower receiver does not violate particular State laws and local ordinances that may employ a different definition for "firearm" than those found in the GCA or the National Firearms Act.

We thank you for your inquiry and trust that the foregoing has been responsive to your evaluation request.

Sincerely yours,

Page2

0148

0148




June 5, 2013

Mr. Nick Parnprome 35175 Pashal Place Wildomar, W A 92595

Dear Mr. Pamprome,

Martinsburg, WV 25405

www.atf.gov

903050:RKD 3311/300968

This is in reference to your submitted item, a partially machined AR-15 pattern receiver, along with supporting correspondence, recently received by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Firearms Technology Branch (FTB). You submitted this forging (photo provided, next page) for classification under the Gun Control Act of 1968 (GCA).

Our Branch has previously determined that an AR-15 type receiver which has no machining of any kind performed in the area of the trigger/hammer recess might not be classified as a firearm. Such a receiver could have all other machining operations performed, including pivot-pin and takedown-pin hole(s) and clearance for the takedownpin lug, but must be completely solid and un-machined in the trigger/hammer recess area.

The FTB examination confirmed that the forging has been partially machined, but has no machining of any kind performed in the area of the trigger/hammer recess. The machining operations preformed include the following:

• Clearance for magazine well. • Threads cut for receiver extension. • Holes drilled for front and rear takedown pins. • Holes drilled for front takedown detent and spring. • Hole drilled for magazine catch. • Hole drilled for bolt catch plunger and spring. • Hole drilled for magazine-release button and spring. • Holes drilled for trigger guard.

0149

0149


Mr. Nick Pamprome Page2

• Hole drilled for buffer-detent and spring.

The trigger/hammer recess of your sample is solid, and there are no index detents machined for the safety lever or the trigger/hammer pins. Accordingly, FTB finds that the submitted forging is not a "firearm" as defined in the GCA. Please note that this classification is based on the item received and examined by our Branch. Any changes to its characteristics would require re-evaluation by FTB.

Submitted forging

We thank you for your inquiry and trust that the foregoing has been responsive to your evaluation request. Your sample will be returned to in the postage-paid U.S. Postal Service Priority Mail envelope that accompanied your submission.

Sincerely yours,

ljtl///}' Earl~

Chief, Firearms Technology Branch ~

0150

0150


December 3, 2013

Shelley DeJong President DeJong Manufacturing, Inc 26229 Jefferson A venue Murrieta, CA 92562

Dear Shelley DeJong,



Mar1i11sburg, /1'1' 25-105

www.alfgov

903050:GR 3311/301048

This is in reference to your correspondence to the Bureau of Alcohol, Tobacco, Firearms and Explosives (A TF), Firearms Technology Branch (FTB), along with a sample of an AR-15 type receiver blank, requesting FTB to determine if the machining operations performed on the blank have reached a point in manufacturing for it to be considered a "firearm" under the amended Gun Control Act of 1968 (GCA).

As background, the GCA, 18 U.S.C. Section 921(a)(3), defines the term ''firearm" as-

... (A) any weapon (including a starter gun) which will or is designed to or may readily be converted lo expel a projeclile by the aclion of an explosive; (B) the f[ame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm.


The FTB examination of your sample confirmed that the forging has been partially machined, with no machining of any kind performed in the area of the trigger/hammer recess.

0151

0151


Shelley DeJong Page2

The machining operations performed for this sample include-

• Implementation ofthe magazine well . • Threads cut for receiver extension. • Holes drilled for front and rear takedown pins. • Holes drilled for front takedown detent and spring. • Hole drilled and machined for magazine catch. • Hole drilled for bolt-catch plunger and spring. • Hole drilled for magazine-release button and spring. • Holes drilled for trigger guard. • Hole drilled for buffer detent and spring. • Hole drilled and tapped for pistol-grip screw.

Further, the trigger/hammer recess of your submitted sample is solid, and there are no index detents machined for the safety lever or the trigger/hammer pins (see photos below).

..

0152

0152


Shelley DeJong Page 3

Based on our examination, FTB finds that the submitted item is not a ·•fireann" as defined in the GCA. Please note that this classification is based on the item received and examined by our Branch. Any changes to its characteristics would require re-evaluation by FTB.

We thank you for your inquiry and trust the foregoing is responsive to your request.

Sincerely yours,

t../.~ J!'/1. Earl~


0153

0153


November 22,2013

Mr. David Trease President TPM Arms, LLC 1000 West Bradley Avenue Suite J El Cajon, CA 92020

Dear Mr. Trease,

U.S. Dcp:•rtmcnt of .Justice

Bureau of Alcohol, Tobacco, Fiream1s and Explosives

,1/urtmslmrg. 11'1' 2 5./05

wwwmfgov

903050:GR 3311/301171

This is in reference to your correspondence to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Firearms Technology Branch (FTB), along with a submitted sample of an AR-15 type receiver blank, to determine if the machining operations performed have reached a point in manufacturing for your item to be considered a "firearm" under the amended Gun Control Act of 1968 (GCA).

As background, the GCA, 18 U.S.C. Section 92l(a)(3), defines the term "firearm" as-

... (A) any weapon (including a slarter gun) which will or is designed lo or may readily be converted to expel a projectile by the action of an explosive; (B) the fi'ame or receiver of any such weapon; (C) any firearm mz~ffler or .firearm silencer; or (D) any destructive device. Such lerm does no/ include an antique firearm.

Our Branch has previously determined that an AR-15 type receiver which has !!Q machining of any kind performed in the area of the trigger/hammer recess might not be classified as a firearm. Such a receiver could have all other machining operations performed, including pivot-pin and takedown-pin hole(s) and clearance for the takedownpin lug, but must be completely solid and un-machined in the trigger/hammer-recess area.

0154

0154


Mr. David Trease Page 2


• Implementation of the magazine well. • Threads cut for receiver extension. • Holes drilled for front and rear takedown pins. • Holes drilled for front takedown detent and spring. • Hole drilled and machined for magazine catch. • Hole drilled for bolt-catch plunger and spring. • Hole drilled for magazine-release button and spring. • Holes drilled for trigger guard. • Hole drilled for buffer detent and spring. • Hole drilled and tapped for pistol-grip screw.

Further, the trigger/hammer recess of your submitted sample is solid, and there are no index detents machined for the safety lever or the trigger/hammer pins (see photos below).

0155

0155


Mr. David Trease Page 3

Based on our examination, FTB finds that the submitted item is not a "firearm" as defined in the GCA. Please note that this classification is based on the item received and examined by our Branch. Any changes to its characteristics would require re-evaluation by FTB.

Please provide our Branch with a FedEx account number or common carrier shipping label within 30 days so that we may return your forging.

We thank you for your inquiry and trust the foregoing is responsive to your request.

Sincerely yours,

0156

0156



Bureau of Alcohol, Tobacco,

July 30, 2013

Mr. Paul Amstutz Alpha Machine 1604 N. 161st Ave. Tulsa, Oklahoma 7 4116

Dear Mr. Amstutz:

Firearms

903050:RKD 3311/301181

This is in reference to your submitted item, a partially machined AR-15 pattern receiver, along with supporting correspondence, recently received by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Firearms Technology Branch (FTB). You submitted this forging (photo provided, next page) for classification under the Gun Control Act of 1968 (GCA).

Our Branch has previously determined that an AR-15 type receiver which has no machining of anv kind performed in the area of the trigger/hammer recess might not be classified as a firearm. Such a receiver could have all other machining operations performed, including pivot-pin and takedown-pin hole(s) and clearance for the takedownpin lug, but must be completely solid and un-machined in the trigger/hammer recess area.

The FTB examination confirmed that your submitted forging has been partially machined, but has no machining of any kind performed in the area of the trigger/hammer recess. The machining operations performed include the following:

• Clearance for magazine well. • Threads cut for receiver extension. • Holes drilled for front and rear takedown pins. • Holes drilled for front takedown detent and spring. • Hole drilled for magazine catch. • Hole drilled for bolt-catch plunger and spring.

0157

0157


Mr. Paul Amstutz Page 2

• Hole drilled for magazine-release button and spring. • Clearance for integral trigger guard. • Hole drilled for buffer-detent and spring.

The trigger/hammer recess of your sample is solid, and there are no index detents machined for the safety lever or the trigger/hammer pins. Accordingly, FTB finds that the submitted forging is not a "firearm" as defined in the GCA. Please note that this classification is based on the item received and examined by our Branch. Any changes to its characteristics would require re-evaluation by FTB.

Submitted forging

We thank you for your inquiry and trust the foregoing has been responsive to your evaluation request. Your sample will be returned using the postage-paid UPS Ground shipping label that accompanied your submission.

Sincerely yours,

bK"~ Chief, Firearms Technology Branch

0158

0158


August 9, 2013

Michael Peterson Owner Range Tool Company, LLC 310 North Broadway P.O. Box 713 Gilbert, Minnesota 55741

Dear Mr. Peterson,


Bureau of Alcohol, Tobacco, .. "'a'.....v"' and

903050:RKD 3311/301235


Our Branch had previously determined that an AR-15 type receiver which has no machining of anv kind performed in the area of the trigger/hammer recess might not be classified as a firearm. Such a receiver could have all other machining operations performed, including pivot-pin and takedown-pin hole(s) and clearance for the takedownpin lug, but must be completely solid and un-machined in the trigger/hammer-recess area.

The FTB examination confirmed that the forging has been partially machined, with no machining of any kind performed in the area of the trigger/hammer recess. The machining operations performed for this sample includ~

• The "'"-I'S'u,un.

• extension. • rear takedO\'>lfl • Holes drilled for front takedow11 detent and • Hole drilled and machined for '" ... FS"L'""'"'

• Hole drilled bolt-catch

0159

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Michael Peterson

• Hole drilled for magazine-release button and spring. • Holes drilled for trigger guard. • Hole drilled for buffer detent and spring. • Hole drilled and tapped for pistol grip screw.


Submitted forging

We thank you for your inquiry and trust the foregoing has been responsive to your evaluation request. Please provide our Branch with a FedEx account number or common carrier shipping label within 30 days so that we may return your forging.

Sincerely yours,

!Jitlf,f!~ Chief, Firearms Technology Branch

Page 2

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0160




Mr. Michael Peterson Owner The Range Tool Company, LLC 31 0 North Broadway A venue Gilbert, MN 55741

Dear Mr. Peterson,

Martinsburg, liT 2 5./05

WW\\',;llfguv

NOV 1 2 2013

903050:RKD 3311/301349


Our Branch had previously determined that an AR-15 type receiver which has no machining of any kind perfom1ed in the area of the trigger/hammer recess might not be classified as a firearm. Such a receiver could have all other machining operations performed, including pivot-pin and takedown-pin hole(s) and clearance for the takedownpin lug, but must be completely solid and un-machined in the trigger/hammer-recess area.

The FTB examination confirmed that the forging has been partially machined, with no machining of any kind performed in the area of the trigger/hammer recess. The machining operations performed for this sample include-

• The magazine well. • Threads cut for receiver extension. • Holes drilled for front and rear takedown pins. • Holes drilled for front takedown detent and spring. • Hole drilled and machined for magazine catch. • Hole drilled for bolt-catch plunger and spring.

0161

0161


Michael Peterson

• Hole drilled for magazine-release button and spring. • Holes drilled for trigger guard. • Hole drilled for buffer detent and spring. • Hole drilled and tapped for pistol grip screw. • Take-down pin clearance recess not exceeding .800 inch in length.


Submitted forging

We thank you for your inquiry and trust the foregoing has been responsive to your evaluation request. We will return your forging via your provided shipping account.

Sincerely yours,

Page2

0162

0162


A ~

January 13, 2014

Mr. Benjamin Matanle Vice Operations Manager 2nd AM Arms, LLC 5443 I 15th Avenue North Clearwater, FL 33760

Dear Mr. Matanle,



Martinsburg. WV 25-105

www.ntfgov

903050:GR 3311 /301269

This is in reference to your correspondence to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Firearms Technology Branch (FTB), along with a submitted sample of an AR-15 type receiver blank. Specifically, you have requested FTB to determine if the machining operations performed have reached a point in manufacturing to have this item classified as a "firearm" under the amended Gun Control Act of 1968 (GCA).

As background, the GCA, 18 U.S.C. Section 921(a)(3}, defines the term "firearm" as-~

... (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm.

Additionally, and for your information, the ATF does not recognize the term "80% receiver." This has become an industry term to indicate a partially machined receiverblank, and may be misleading. The point at which a receiver-blank has reached a stage of manufacture at which it would be officially classified by A TF as a "firearm" as defined in the GCA is made via a case-by-case determination.

Our Branch has previously determined that an AR-15 type receiver which has no machining of any kind performed in the area of the trigger/hammer recess might not be classified as a firearm. Such a receiver could have all other machining operations

0163

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Mr. Benjamin Matanle Page2

performed, including pivot-pin and takedown-pin hole(s) and clearance for the takedownpin lug, but must be completely solid and un-machined in the trigger/hammer-recess area.


• Implementation of magazine well. • Threads cut for receiver extension. • Holes drilled for front and rear takedown pins. • Holes drilled for front takedown detent and spring. • Hole drilled and machined for magazine catch. • Hole drilled for bolt-catch plunger and spring. • Hole drilled for magazine-release button and spring. • Holes drilled for trigger guard. • Hole drilled for buffer detent and spring. • Hole drilled and tapped for pistol grip screw.

Further, the trigger/hammer recess of your submitted sample is solid, and there are no index detents machined for the safety lever or the trigger/hammer pins (see photos below and next page).

Submitted forging, first view

0164

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Mr. Benjamin Matanle Page 3

Submitted forging, second view

Based on our examination, FTB finds that the submitted item is not a "firearm" as defined in the GCA. Please note that this classification is based on the item received and examined by our Branch. Any changes to its characteristics would require re-evaluation by FTB.

Please provide our Branch with a FedEx account number or common carrier shipping label within 30 days so that we may return your forging.

We thank you for your inquiry and trust the foregoing has been responsive to your request.

Sincerely yours,

71f# Earl Griffith


0165

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- .

CODa

8Uit· -· DATa

• »419~

Mr. E. L. Faust Inter American Inport-Export Company P.O. Box 8022 Sacranento, California 95818

Dear Mr. Faust:

LE:F:TE:EMO 7540

This refers to your letter of June 3 1986 with which you submitted a sample of a partially machined riqht side plate for a Browning Ml919 type machinequn.

Examination of the submitted sample, hearinq Serial Number VE88, indicates that it is a steel plate which has been cut to the approximate outline of a Browning Ml919 type machinegun receiver side plate . In its present configuration, the plate is not considered a firearm subject to the provisions of the Gun Control Act of 1968 (GCA) or the National Firearms Act (NFA). Therefore, the sample as submitted is not a firearm.

At such tine as the internal slots are milled, holes drilled for the attachment of internal camminq surfaces and the cocking slot machined, the side plate would be considered a machinequn as that term is defined in Section 5845(b) of the NFA .

Please note that if any additional machining operations are performed to the unfinished plate as described in paragraph 2, the plate could be classified as a firearm as that term is defined in Section 92l(a)(3) of the GCA . Should you contemplate any additional machinino of the plate it is suqqested that a sanple be provided to this office for examination and classification.

The submitted sanple is beinq returned under separate cover .

He trust that the foreqoinq has been responsive to your inquiry . If we can be of any further assistance , please contact us .

Sincerely.

Edward 11. Owen, Jr. Chief , Firearms Technoloqy Branch

~EIN"lTOrt ~' : :-r.£

rtl:v1aw._a RRYIKW'I:R M.'II!WI.R fii:EV1£WE .. REVIEWER

C'iuu--~/'¥~

R£YII:WEft

Otr:l 03: .. g

;; (f)Z )" .. ()::r

ATP P S3H .• 12 •7Sl CORMS~NOaNCa A~VAL AND CLIEAR.At,CE orP•'"•rNtO' , .. ,....,..,...

MPL.ACaSATP:FORM82(8·73lWHICH MAY BE. USED .u.s. GPO• un-467 u•

0166

0166


OEPARTMENTOFTHETREASURY

BUREA U O F A LCOH O L. TOBACCO A ND F IR EA R MS

DEC - 2 2003

Mr. Roland Bleitz General Manager, Weapons Department Independent Studio Services 9545 Wentworth Street Sunland, California 91040

Dear Mr. Bleitz:

903050:GKD 3311/2004-117

This refers to your communication of October 29, 2003, to the Bureau of Alcohol, Tobacco, Firearms and Explosives {ATF), Firearms Technology Branch, requesting classification of a dummy receiver you submitted. You state that the receiver has been manufactured with the aim of ensuring that is not classifiable as a firearm frame or receiver: its intended use is for assembly of a non -gun AK47 replica machinegun.

For your information, 26 U. S.C. Section 5845{b) def i nes a "machinegun" as follows:

... any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under then control of a person.

Additionally, the Gun Control Act o f 1968 {GCA), 18 U.S.C. Section 92l{a) {3), in part, defines a "firearm" as:

... any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon ....

WWW. ATF.T RE A S.GOV

0167

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Mr. Roland Bleitz

Examination of your submitted sample revealed that the body of the device has been milled from a block of ferrous metal. The trigger, trigger guard/magazine catch, top tang, selector, pistol grip attachment lug, and a portion of the trunnion have been welded in place on the exterior of the device. A blind magazine well approximately 1-1/16 inches deep has been milled into the bottom and is configured to accept AK47 compatible magazines.

Furthermore, a cavity approximately 1-3/8 inches deep, 15/16 inch wide, and 5-7/16 inches long has been milled in the · top rear of the device, in the approximate space for the location of internal fire control components. This space, which opens the rear of the device, is partially closed at the top by the installation of the tang assembly. Also, the appearance of component mounting pins has been created by round lugs adhered t o the exterior of the device. No pin holes have been drilled. The left side o f the original trunnion installed in the device bears original markings to include a serial number, 1972DM0386.

Our assessment has found that in the condition received, your device is not sufficiently completed to be class ified as a firearm frame or receiver under the provisions of the GCA or the NFA. Hence, the device, as we have rece ive d it, is not a "firearm" as defined in the GCA or the NFA. Of course, if the design or dimensions of the item were changed to another configurati on, this c l assification wo u l d be subject to review.

We thank you for your inquiry and trus t the forego ing has been responsive .

Sinc erely yours,

.. ~ c---·· ,

~1'' Ster 1ng N1xon Chief, Firearms Technology Branch

0168

0168


DEPARTMENT OF THE TREASURY BUREAU OF ALCOHOL, TOBACCO AND FIREARMS

WASHINGTON, D C 20226

Mr. Ernest Wrenn Poor Man ' s Pawn 616 Atomic Road

SEP- 2 1998

North Augusta, South Carolina 29841

Dear Mr. Wrenn:

F:FPD:FTB:CHB 3311

This refers to your letter of August 13, 1998, in which you ask about manufacture of unfinished AR-15 drop-in auto sears by a subcontractor.

You enclosed a drawing of a complete auto sear that has been annotated as follows :

1. The auto sear body is square cut at the back and the radius on the sides is omitted.

2. The pin hole in the sear body is not drilled and is marked with a dimple only .

3. The sear (paddle) is complete .

4. The spring is omitted.

5 . The pin is omitted.

You propose that the contractor would supply partially completed sear bodies and complete~ sears (paddles) . You state that no complete assemblies will be made by the subcontractor. You further advise that any assemblies which you complete will be marked with a "Post 86 DS" designation with serial numbers for law enforcement firearms only.

0169

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Mr. Ernest Wrenn

ATF Ruling 81-4 held that an AR-15 drop in auto sear meets the definition of a machinegun in 26 U.S . C. §

5845(b). However, this ruling does not apply to auto sears manufactured before the effective date of the ruling, November 1, 1981.

The definition of a machinegun in 26 U. S . C. § 5845(b) as amended by Public Law 99-308, effective May 19, 1986, includes any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun.

We have previously determined that the drop-in auto sear body and the sear (paddle), even in unfinished condition, are parts which meet the above definition of a machinegun. The pin and spring are essentially hardware items that are not specifically designed and intended for use in converting a weapon into a machinegun.

A subcontractor who makes unfinished drop-in auto sear bodies and sears (paddles) needs to pay special (occupational) tax as a manufacturer of firearms and must register any such parts and transfer such parts in accordance with the provisions of the NFA .

We trust that the foregoing has been responsive to your inquiry. If you have further questions concerning this matter, please contact us.

Sincerely yours,

Edward M. Owen, Jr. Chief, Firearms Technology Branch

0170

0170




Office of the Director

Washington, DC 20226

18 U.S.C. 921(a)(23): DEFINITIONS (MACHINEGUN) 18 U.S.C. 923(i): IDENTIFICATION OF FIREARMS 26 U.S.C. 5842(a): IDENTIFICATION OF FIREARMS 26 U.S.C. 5845(a): DEFINITIONS (FIREARM) 26 U.S.C. 5845(b): DEFINITIONS (MACHINEGUN) 27 CFR 478.11: DEFINITIONS (FIREARM FRAME OR RECEIVER, MACHINE GUN) 27 CFR 478.92: IDENTIFICATION OF FIREARMS 27 CFR 479.11: DEFINITIONS (FIREARM, FRAME OR RECEIVER, MACHINEGUN) 27 CFR 479.102: IDENTIFICATION OF FIREARMS

The right side-plate of a Vickers/Maxim-type firearm, manufactured with its camming lobe affixed in the proper location, and without an ATF approved block that prevents installation of machine gun fire control components, is a machine gun receiver, and therefore, a "machine gun" as defined by the Gun Control Act of 1968, 18 US. C. 921 (a)(23), the National Firearms Act, 26 US. C. 5845(b), and their implementing regulations, 27 CFR 478.11 and 479.11. Provided it has not been disassembled into its component parts, a complete Vickers/Maxim-type machinegun that is currently registered in the National Firearms Registration and Transfer Record with its serial number located on a component part of the receiver box other than the right side-plate has been lawfully registered under the National Firearms Act and may be lawfully possessed by the registrant under 18 US.C. 922(o).

ATF Rul. 2010-3

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has received requests for clarification from persons asking what part ofVickers/Maxim-type machineguns constitutes the "frame or receiver" that must be marked with a serial number and required identifying information and registered in the National Firearms Registration and Transfer Record (NFRTR).

ATF examined various types ofVickers/Maxim-type firearms in both semi-automatic and machine gun configurations. The design of these firearms, in either configuration, consists of forward and rear sections. The forward section is made of a reciprocating barrel assembly. The majority of the barrel assembly is contained inside a jacket. The jacket has a rear ring (often integrally formed with the trunnion), an outer body, and a forward ring or cap. The forward ring incorporates a mounting point for an accelerator and guide for the

0171

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forward part of the barrel. The rear section is made of the receiver-box, which contains the internal fire control components of the firearm and provides housing for the rear portion of the barrel assembly and the ammunition feed tray. The receiver-box consists of a left and a right side-plate, bottom channel, and trunnion that are held together by a number of rivets. The receiver-box also provides mounting for the handle block, top cover, and recoil mechanism. Camming lobes, which are permanently affixed to the inside portion of each side-plate, hold the lock piece in place and guide the movement of the extractor, which is attached to the lock piece. Vickers/Maxim-type side-plates are recognizable and properly classified as side-plates for this weapon when the camming lobe has been affixed. The right side-plate of the Vickers/Maxim-type machinegun provides housing for the hammer, breechblock, and firing mechanism, and attaches to the trunnion, which holds the rear portion of the barrel. The right side-plate typically contains a mounting point for the cocking-lever assembly.

ATF evaluated Vickers/Maxim-type firearms and parts in the folloWing configurations:

1. A completely assembled Vickers/Maxim-type fire8rm; 2. A complete receiver-box; 3. A left side-plate; 4. A right side-plate (both automatic and semi-automatic configurations); 5. A trunnion; 6. A parts kit containing a right side-plate; and 7. A parts kit containing a left side-plate.

During the evaluations, complete, original models of Vickers and German MG-08 Ma.Ximtype machineguns were tested and found to fire automatically more than one round of ammunition by a single function of the trigger. Additionally, a reference model of a Vickers-type machinegun was tested for function; first, by partially removing the right side-plate, and then after completely removing the right side-plate. Although the sample firearm was capable of firing one shot With a partial right side-plate, once the entire right side-plate was removed, testing demonstrated the sample was not capable of functioning Without the right side-plate. Accordingly, it was determined that neither a Vickers nor any Maxim-type machinegun would be capable of firing With the entire right side-plate removed. Nonetheless, ATF has previously examinedsemi-automatic versions of the Vickers/Maxim firearm where the right side-plate has an approved block that prevents installation ofmachinegun fire control components. These semi-automatic firearms have been classified by ATF as "firearms" under the Gun Control Act of 1968 (GCA), but not as "machine guns" under the GCA or the National Firearms Act (NF A).

The NFA, 26 U.S.C. 5845(a)(6), and its implementing regulation, 27 CFR 479.11, define the term "firearm," in part, as "a machinegun." The term "machinegun" is defined by the GCA, 18 U.S.C. 921(a)(23), the NFA, 26 U.S.C. 5845(b), and their implementing regulations, 27 CFR 4 78.11 and 4 79.11, as "any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, Without manual reloading, by a single function of the trigger. The term shall also include the·frame

0172

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-3-

or receiver of any such weapon .... " The term "frame or receiver" is defmed in 27 CFR 478.11 and 479.11 as "[t]hat part of a firearm which provides housing for the hammer, bolt or breechblock and firing mechanism, and which is usually threaded at its forward portion to receive the barrel."

A completely assembled Vickers/Maxim-type machinegun is a weapon that shoots automatically more than one shot, without manual reloading, by a single function of the trigger. Therefore, a completely assembled Vickers/Maxim-type machinegun is a "machinegun" as defined by the GCA, 18 U.S.C. 921(a)(23), the NFA, 26 U.S.C. 5845(b), and their implementing regulations, 27 CFR 478.11 and 479.11.

Moreover, though not necessary for classification, only with a complete right side-plate could the Vickers/Maxim-type machinegun shoot automatically more than one shot, without manual reloading, by a single function of the trigger. Therefore, the right sideplate of a Vickers/Maxim-type machinegun, either stand-alone or assembled as part of the complete receiver-box, is a machinegun receiver, and therefore, a "machinegun," as defmed by the GCA, NF A, and their implementing regulations. The right side-plate of the Vickers/Maxim-type machinegun is illustrated below.

0173

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-4-

Because the right side-plate of a Vickers/Maxim-type machinegun is the machinegun receiver, any kit or collection of parts of a Vickers/Maxim-type firearm containing the right side-plate is also a machinegun. In contrast, any individual part of a Vickers/Maximtype firearm other than the machinegun's right side-plate, or any kit or collection of parts of a Vickers/Maxim-type firearm that does not contain the machinegun right side-plate is not a machinegun receiver, and therefore, not a "machinegun," as defmed by the GCA, NF A, and their implementing regulations.

Machineguns are required to be identified by a serial number, pursuant to 18 U.S.C. 923(i), 26 U.S.C. 5842, 27 CFR 478.92, and 479.102. Under 27 CFR 478.92(a)(l) and (2) and 479.102(a)(l) and (e), the serial number must be placed on the frame or receiver of a machinegun regardless of whether it is part of a complete firearm. Thus, the right sideplate, either unattached or assembled as part of a complete Vickers/Maxim-type machinegun, must be identified with a serial number and registered in the NFRTR.

ATF is aware that, without the benefit of this ruling, some complete Vickers/Maxim-type machineguns registered in the NFR TR were identified with serial numbers located on parts other than the right side-plate. Federal regulations at 27 CFR 478.92(a)(4) and 479.102(c) provide that the Director of ATF may authorize other means of identification of firearms if the other method is reasonable and will not hinder the effective administration of the regulations. Provided that it has not been disassembled into its component parts, ATF finds that a complete Vickers/Maxim-type machinegun identified with a serial number on a component part of the receiver box other than the right side-plate has been registered in the NFRTR in a manner that will not hinder the effective administration of the NF A or its regulations.

However, if the complete machinegun is disassembled, such as for resale of the right sideplate, the right side-plate must be marked with its registered serial number and name of the manufacturer, as required by 26 U.S.C. 5842(a) and 27 CFR 479.102. If disassembled without its required markings, the unmarked right side-plate of a Vickers/Maxim-type firearm would be a machinegun receiver not identified or registered in the NFR TR, and therefore, unlawful to transfer and possess, pursuant to 18 U.S.C. 922(o) and 26 U.S.C. 5861.

Held, the right side-plate of a Vickers/Maxim-type firearm, manufactured with its camming lobe affixed in the proper location, and without an ATF approved block that prevents installation of machinegun fire control components, is a machinegun receiver, and therefore, a "machinegun" as that term is defined by the Gun Control Act of 1968, 18 U.S.C. 921(a)(23), the National Firearms Act, 26 U.S.C. 5845(b), and their implementing regulations, 27 CFR 478.11 and 479.11.

Held further, provided it has not been disassembled into its component parts, a complete Vickers/Maxim-type machinegun that is currently registered in the National Firearms Registration and Transfer Record with its serial number located on a component part of the receiver box other than the right side-plate, has been lawfully registered under

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the National Firearms Act and may be lawfully possessed by the registrant under 18 U.S.C. 922(o).

To the extent this ruling is inconsistent with any prior classifications, they are hereby superseded.

Date approved: ~~~I 0

Deputy Director

0175

0175




Mr. Steve Carter !rae, Inc. P.O. Box 989 Waynesville, Ohio 45068

Dear Mr. Carter:

Martiflsbu"' . WtJI JlirgiltitJ 1S40J

www.atfp

DEC 1 4 ZOIO

903050:MMK 3311/2010-1091

This refers to your correspondence to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Firearms Technology Branch (FTB), which accompanied your submitted sample nonfiring replica of a Browning Automatic Rifle (BAR) receiver. Specifically, you requested an examination and classification of the "dummy" receiver with respect to the Gun Control Act of 1968 (GCA), 18 U.S.C. § 921(aX3).

As you may be aware, the GCA, § 92l(aX3), defines the term "firearm" to include:

... (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon. ...

Also, a firearm frame or receiver is identified in 27 CFR §478.11 as-

That part of a firearm which provides housing for the hammer, bolt or breechblock. and firing mechanism, and which is usually threaded at its forward portion to receive the barrel.

The FTB evaluation of the submitted sample noted that it incorporated the following characteristics and features:

• Cast generally to shape from aluminum or aluminum alloy. • The internal cavity formed and partially milled generally to shape. • The cavity inside the "hump'' formed sufficiently to allow the locking block of a

bolt-assembly to toggle upward. • The mounting pin hole for the attachment of the trigger group was drilled. • Attachment for the fore grip assembly machined. • At the forward end, an opening formed and threaded for the attachment of a barrel. • The ejection port formed. • The slot for the cocking handle formed.

0176

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-2·

Mr. Steve Carter

The following critical features were omitted:

• Material was removed from the sides of the fire-control cavity so that bolt guide rails could not be formed.

• Although the cavity for the locking block was formed, the locking surface against which the locking block of the bolt-assembly locks was left unformed, and material that would prevent the forming of such a locking surface by simple machining alone was removed.

• No guide rail formed for the gas piston. • The opening in the front of the block for the gas piston was not formed or indexed. • The installation/takedown hole for the hammer pin was not drilled; thus, if a bolt·

assembly, gas piston, and cocking handle were installed, they could not be linked together.

• Provision not made for mounting a buffer assembly.

In order for this sample not to be considered a firearm receiver, along with the above noted modifications, one additional feature needs to be omitted from the design: The cavity formed for the toggling portion (the locking block) of the bolt-assembly must be omitted. We have filled in the noted area with clay and have enclosed a photo with this correspondence for your reference.

We caution that these findings are based on the sample as submitted. If the design, dimensions, configuration, method of operation, or materials used were changed, our conclusions would be subject to review.

The sample will be returned under separate cover using the return information provided.

We thank you for your inquiry, and trust the foregoing has been responsive. Please do not hesitate to contact us if you have additional questions.

Enclosure

Sincerely yours,

. 4~ Jbhn R. Spencer

Chie Firearms Technology Branch ..... /

0177

0177


Mr. Stephen Silverberg 1455 Roosevelt Ypsilanti, Ml 48197

Dear Mr. Silverberg:



SEP ! 7 2004

www.atf.gov

903050:RDC 3311/2004-614

This refers to your letter of August 9, 2004, to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Firearms Technology Branch (FTB), in which you inquire about the legality of a nonfunctiona l replica of a British Bren Mkll .303 caliber light machinegun and a nonfunctional replica of an M20 3.5 inch rocket launcher that you purchased from the Sportsman's Guide retai l store.

As you may be aware, the Gun Control Act of 1968 (GCA), 18 U.S.C. § 921(a)(3), defines the tenn " firearm" to include " (A) any weapon (including a starter gun) which will or is designed to or may be readily converted to exp el a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any fireann muffier or silencer; or (D) any destructive device. Such tenn [the definition adds] does not include an antique firearm."

Also, the National Firearms Act (NFA), 26 U.S.C. § 5845(b), defines the tenn " macbinegun" as follows:

... any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. This term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person.

Finally, the NFA, 26 U.S.C . § 5845(1), defines "destructive device" as-

... (I) any explosive, incendiary, or poison gas (A) bomb, (B) grenade, (C) rocket having a propellant charge of more than four ounces, (D) missile having an explosive or incendiary charge of more than onequarter ounce, (E) mine, or (F) similar device; (2) any type of weapon by whatever name known which will, or may be readily converted to, expel a projectile by the action of an explosive or other propellant, the barrel or barrels of which have a bore of more than one-half inch in diameter, except a shotgun or shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes; and (3) any combination of parts either designed or intended for use in converting any device into a destructive device as defined in subparagraphs (I) and (2) and from which a

0178

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Mr. Stephen Silverberg

destructive device may be readily assembled. The term "destructive device" shall not include any device which is neither designed nor redesigned for use as a weapon; any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; surplus ordnance sold, loaned, or given by the Secretary of the Army pursuant to the provisions of 10 U.S.C. § 4684(2), 4685, or 4686, or any other device which the .. . [U.S. Attorney General] fmds is not likely to be used as a weapon, or is an antique or is a rifle which the owner intends to use solely for sporting purposes.

Based upon FfB's analysis of the photographs accompanying your correspondence, the receiver of the Bren Mkll replica appears to have been formed from solid metal stock. Outwardly, the receiver silhouettes the profile of an authentic Bren Mkli light machinegun receiver. A cavity within the top of the receiver has been machined, allowing attachment of a magazine. No other interior machining was visible in the photographs.

For your information, a nonfunctional replica of a Bren Mkll light machinegun having a solid metal receiver that is incapable of accommodating any of the original Bren Mkll components would not be a "firearm" as defined in the GCA. Additionally, it is not a weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. Nor does it incorporate the frame or receiver of any such weapon. Therefore, the described nonfunctional replica would not constitute a "machinegun" as defined in the NF A.

With respect to FTB-recommended procedures for removal of a rocket launcher from the NF A, the steps are (I) to drill a hole approximately equal to the diameter of the bore, near the highpressure chamber area and (2) to weld a rod into the muzzle end of the barrel. (The welded rod prevents the insertion of a rocket or other projectile.) These modifications would effectively destroy a rocket launcher. The enclosed photographs depict an M20 3.5-inch rocket that appears to have been destroyed in this manner. If, in fact, they are accurate, this launcher would not constitute a "destructive device" as defined in the NFA and would be removed from NFA provisions.

We thank you for your inquiry and trust the foregoing has been responsive.

Sincerely yours,

~......,....__~ -Sterling Nixon


0179

0179


DEPARTMENT OF THE TREASURY

BUREAU OF ALCOHOL, TOBACCO AND FIREARMS

WASHINGTON, DC 20226

Mr. Kris Hartwig Hedgehog Manufacturing 1933 East Wayne Street Fort Wayne, Indiana 46803

Dear Mr. Hartwig :

JUL 2 9 i.003

903050 :GKD 3311 / 2003 - 388

This refers lo your letter to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) of March 6, 2 003, requesting classification of a firearm you intend to manufacture. Along with your correspondence is a submission of various firearm components with drawings. ATF has received the following components in your enclosure: one each, FN30 full automatic bolt, barrel extension, and sear; one each, full automatic FN39 bolt, barrel extension, and sear; one each, semiautomatic FN38 bolt, barrel extension, and sear; one full automatic top plate; and one semiautomatic top plate.

In your letter, you state that you intend to manufacture and market semiautomatic versions of the Fabrique Nationale-produced FN30 series of machineguns (FN30/37 and FN38/39 models) . The FN30 series of machineguns is derived from the Browning designed machineguns, Models 1917, 1919, and later versions.

You further state that the right receiver side plate will be manufactured from a steel plate having a m1n1mum thickness of .250 inch that will be machined to original specifications, leaving a raised portion on the interior surface located to eliminate the ability to install any original, unmodified bolt and/or barrel extension. In the final assembly, this right side plate will be deep seam electric fusion welded to the top plate, bottom plate, and trunnion.

Additionall y , your redesigned trigger bar will be permanently installed in the top plate and offset approximately .025 inch to the left. The removable trigger bar pivot pin will be replaced by a cross pin held

WWW. AT rt' .. TREAS.GOV

0180

0180


- 2 -

Mr. Kris Hartwig

permanently in place by a second l ocking pin, preventing the trigger bar from being readily removed . The locking pin will be mounted in a blind hole and staked or welded in place. A spring-loaded disconnector will replace the ramped contact surface at one end of the trigger bar.

The top plate will have an offset relief cut for the trigger bar that wil l also be wider than the original cut. If a machinegun trigger bar were to be installed in the modified top plate, the increased width of the relief cut would resul t in unreliable operation of that trigger bar.

The bol t will be altered by removal of metal from the right side to allow clearance for the internal raised section of the right side plate. The sear slot will be widened and the lips of the original sear slot removed, preventing installation of a machinegun sear. New sear slots will be cut to accommodate the semiautomatic sear.

The barrel extension will be machined the length of the right side to remove sufficient metal to provide clearance when installed with the semiautomatic side plate .

Finally, the sear will have the ramped contact surface removed. The new contact surface will be a squared lug approximately . 17 inch wide and will provide contact with the disconnector component of the new trigger bar. The sear body will be widened by a permanently attached spacer on the sear body, this spacer corresponding with the new sear slots of the modified semiautomatic bolt.

Based on your correspondence and enclosure, our judgment is that if manufactured and assembled in the manner described, the semiautomatic FN30 series of firearms would not have a machinegun frame or receiver and would not be readily converted to be machineguns. Of course, the semiautomatic configuration frame or receiver and, also, a complete semiautomatic firearm manufactured as described would be "firearms" as defined in Title 18, United Stat es Code (U.S.C.), Chapter 44, Section 921(a) (3).

0181

0181


-3-

Mr. Kris Hartwig

We thank you for your inquiry and trust that the foregoing has been r esponsive. We are enclosing the items that accompanied your letter to ATF.

Sincerely yours,

~1· · · · Ster ~ng N~xon


Enclosure

0182

0182




APRo~ •

Mr. Dan Shea Long Mountain Outfitters, LLC 631 N. Stephanie St., #560 Henderson, Nevada 890 14

Dear Mr. Shea:

Martinsburg, WV 25401

www.at[gov

903050:RV 3311/2006·580

This refers to your letter of March 22,2006, to the Bureau of Alcohol, Tobacco, Firearms and Explosives (A TF), Firearms Technology Branch (FTB), along with a sample M 134 Mini gun receiver casting submitted for evaluation. You have requested a determination regarding whether this casting has reached a stage of completion at which it would qualify as a firearm.

We compared your casting to a complete M 134 Minigun receiver and found the following differences (see enclosures, pp. 3· 7):

• The front opening of the casting for the forward rotor assembly bearing has an internal diameter of 4.550 inches.

• The front of the complete M 134 receiver has an internal diameter of 4. 775 inches, which a difference of .225 inch.

• The rear opening for the casting's rear rotor assembly bearing has an internal diameter of 2.965 inches.

• The rear opening for the rear motor assembly of the complete M 134 Mini gun is 3.145 inches, a difference of .180 inch.

Additionally, FTB found that the following mounting holes have not been made:

• Mounting hole, gun drive motor adapter (three). • Mounting hole, feeder/de-linker-quick release pin (four). • Locating slot, feed guide. • Hole, feed guide locating pin (two). • Hole, feed guide retaining bolt (two). • Hole, mount assembly bolt (eight). • Retaining hole, bolt roller guide/quick release pin (four). • Hole, quick release retaining pin sating sector cover (two). • Timing pin hole (two).

0183

0183


-2-

Mr. Dan Shea

The M 134 Mini gun is a very sophisticated mac hi negun, and the completion of the missing steps cannot be accomplished with common hand tools. Therefore, FTB finds that the Ml34 Minigun casting submitted for evaluation has not reached a state of completion at which it would be considered a firearm under the Gun Control Act and, further, that it is not a machinegun under the National Firearms Act.

Our determination pertains to the sample as received; any modifications to future samples could change this classification.

We trust the foregoing was responsive to your request for an evaluation. The casting will be returned to you under separate cover.

Sincerely yours,

~~¥ Chi{[ Firearms Technology Branch

Enclosures

0184

0184


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0185

0185

Mr. Steve Carter IRAC, Inc. P.O. Box 989 Waynesville, Ohio 45068

Dear Mr. Carter:

U.S. Department or Justice


Martinsburg, Wts1 Virginia 25405

......-ww.atf.gov

OCT 1 8 2010

903050:MCP 3311/20 I 0-1093

This refers to your letter to the Bureau of Alcohol, Tobacco, Firearms and Explosives (A TF), Firearms Technology Branch (FTB ), which accompanied your submitted sample replica of a Browning M2-type machinegun. Specifically, you requested an examination and classification of this sample, the physical characteristics and identity of which are provided below, along with a description of the markings:

IRAC. Model M2. no serial number

• No barrel. • No fire-control components. • Spade grip assembly.

Markings. receiver right side plate

IRAC INC. M-2 .50 CAL. REPLICA

As background, the amended Gun Control Act of \968 (GCA), 18 U.S.C. § 921 (aX3). defines the term " firearm" to include any weapon (including a starter gun) whit·h will or is designed to or may he readily conwrted to t!Xpel a projectile by the action of an explosive ... [and] ... the .fi"ame or receiwr o[anv .w ch weapon ....

Further, the National Firearms Act (NFA), 26 U.S.C. § 5845(b), defines "machinegun" to mean

... any weupon which shoots, is designed to shoot, or can be reudily restored to shoot, automatically more than one shot. without manual reloading. by a single function ()(the trigger. The term shall also include the frame or receiver o[anv such weapon. any part designed and intended solely and exclusively. or combination of parts designed and intended. j iJr use in conwrting a weapon into a machinegun, and any combination of parts ji·om which a machinegun can be assembled ifmch parts are in the possession or under the control of a person.

0186

0186


•' -2-

Mr. Steve Carter

Additionally, please note that 27 CFR § 478.92 states the following:

... 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 or 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 clomestical/y 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 Stale (or recognized abbreviation thereof) of the importer.

Furthermore, for firearms manufactured or imported on and after January 30, 2002, the engraving. casting, or stamping (impressing) of the serial number must be to a minimum depth of .003 inch and a minimum height of 1/ 16 inch. All other markings must be of a minimum depth of .003 inch.

The FTB examination revealed that the submitted sample has been assembled utilizing a steel right side plate that is dimensionally correct to that of an actual M2 machinegun right side plate (see enclosure for photos). All machining operations have been accomplished on the submitted side plate with the exception of two non-critical cuts on its back side. Because the FTB examination finds that the submitted side plate is the receiver of a firearm, it is a "firearm" as defined in 18 U.S.C. § 921 (a)(3). Moreover, since the side plate is also the receiver of a machinegun, it is a "machinegun" as defined in 26 U.S.C. § 5845(b). Consequently, the. right side plate is subject to regulation under the provisions ofthe GCA and NFA.

The submitted sample will be returned to you under separate cover; however, the right side plate will be retained by ATF.

We trust that the foregoing has been responsive to your evaluation request. lf you have additional questions, please do not hesitate to contact us.

Silcerely yo~urs,. \ , I . 4R. Spencer ~-

Chief; Firearms Technology Branch

Enclosure

0187

0187


Mark Barnes & Associates 1350 Eye Street, Suite 1255 Washington, DC 20005

Gentlemen:



SEP 14- 2004

www.atf.gov

903050:RV 3311/2004-653

This is in response to your letter dated July 19, 2004, to the Firearms Technology Branch (FTB), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), in which you request a classification on M6AI machinegun receivers.

Specifically, you want to know at which point during the manufacturing process would the forgings warrant classification as a firearm receiver. To amplify your inquiry, you have submitted photographs, blue prints, and portions of a technical manual to indicate the step-bystep machining process.

ln determining whether a partially completed receiver is, in fact, at a stage where it should be classified as a firearm, FTB evaluates the level of completion of the submitted sample--in this case via an examination of detailed photographs--and makes a comparison with a sample of a completed firearm of the same type. Then we determine if the submitted sample can be brought to a stage of completeness that will allow it to accept the firearm components to which it is designed for, using basic tools in a reasonable amount of time.

After examining the photographs with the instructions provided, FTB has determined that upon completion of"operation 307," all of the critical dimensions would be completed (see enclosure). Therefore, at this stage the item has reached a stage that it would be classified as a receiver under the Gun Control Act of 1968.

The plans and photographs submitted with this request will be placed on file with this letter. Any deviation or departure from the steps indicated could change our classification.

0188

0188


-2-

Mark Barnes & Associates

We trust that the foregoing has been responsive to your inquiry. If you have further questions concerning this matter, please contact us.

Enclosure

Sincerely yours,

,.:_pu 1\ ~ Sterling Nixo':!>O

Chi~, Firearms Technology Branch

0189

0189


coo•

au11-........ OAT.

..

Mr. John Benjamin 1537 NE 1•1 AYenue Port and, Oregon 97231

Dear Mr. Benjaain:

LEsFsTEaEMO

Thia refer• to your letter of Dec .. ber 17, 1998, in which you ask about the receivers for MGl (MG42) machineguns.

The receiver for the weapon in queation la a folded and welded sheet metal housing which enoaaea the barrel, bolt, and recoil mechanism of the weapon. The buttstock ia mounted to the rear of the receiver .

We have previously deterained that unfiniahed sheet metal receivers are firearas when they have r .. ched a atage in manufacture where tbey have been foldea to abape. Tke fact that certain we aing, drillin , and other aaaembly operation8 bave aot been perforae4 bas DO bearing on ~ claaeificatlon. Yherefore, the anfiniebed KGJ reoai¥era iD question are machineguna •• defined.

With reapect to your question concernin9 tbe front portion of the NC3' machinegun, this component s a detachable barrel jacket which ia not a firearm receiver . The receiver of the MGJ' is a uaahined bouaing which encaaea the bo t mechanism and to wh cb tbe barrel jacket is attached.

Ad4itioaally, we are not aware of the forward sections of tbe M~2 receiver be ng approved for importation. The receiver of the MG42 ls essentially the same type of sheet .. tal housing as is used in the manufaature of the MG3 .

No trU&t that the fo.e~oing baQ bQan ce~pon~i & to y~u. inquiry. If we can be of any further as !stance, please contact ua.

INITIATOR ,..VII! WE"

IL.K :F tf~

lrouAD v~/~7#o

Sincerely yours,

(Slsn d l ~· rd .._ own. n., Edward M. OW.n, Jr .

Chief, Pir•ar .. Yeebnology Branch fte\'IIIW.R M VIZW . R llti:VI.W E" R I!VII.W ... MVIaWa R

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0190

0190

....

ATF Firearms Technology Attn1 Mr OWens Washington, D.C. 20226

Dear Ed:

John Benjamin 1537 NE 141 Ave Portland, Or 97230 December 17 1990

I had a little problem with some MG 3 housings that I ordered recently and I am informed that you have one of these parts. This part is .anfactured in a completly different method than the WW II MG 42 family of machineguns. I did not get what I expected when I was shown what came in the box to be sure.

The question I have is how can I import a few of these parts for testing and evaluation. I have no intention in manfacturing any NFA weapon from these parts. Is there some method I could import these if something was done to the housing to make it impossible to build a fire arm from the part. What I am interested in is the amount of springback and dimensional accuracy that the housings have prior to there being manufactured into a firearm. I am also interested in the the work hardening the metal in the final assembly prior to welding.

As an interesting observation the MG 42 guns which I use in product development pound themselves into destruction quite quickly and frequent work is required on the locking cam sheet metal suporting structure. I found much to my dismay that the unlocking cams are extremely difficult to replace if any welding is done to build up the sheet metal. It took me about a week just to get my gun to work after I removed the unlocking cam housing. Alignment is very critcal and it must be aligned in three planes within about .005 inches on the sheet metal or the gun simply does not work at all.

I have included a page from the field manual for your reference. Other people have imported the front ends of MG 42's and the fronts of MG 34's . These at one time were firearms. I am interested in the manfacturing process for the gun not building firearms from non completed stamping&. What I require for my engineering studies is non completed receiver housings prior to them being finisnJor straightened on alignment jigs.

Please be aware that I have been informed that for weapons parts all nomenclature must match. If I order something that is not listed in a factory manual by the name in the manual it is not possible to get export licenses. All the names must match on the import license, the purcase order, the factory invoice and in the parts manual to obtain EUR export licenses.

Thank you for taking the time to consider my request.

C,vcL I 4-S

0191

0191


II . TECHNICALDATA

All data are mean values and are within the allowable manufactur ing tolerances .

I. Dimensions

Calibre Length of gun with butt Length of gun without butt Width of gun Height of gun with AA sight raised He1ght of gun with AA sight lowered l ength of barrel with locking piece Length of rifled section T WISt

No. of rifles Distance between front and rear sight Height of muzzle with bipod unfolded

2. Weights

Weapon with bipod and sling iWeapon withoul b ipod and sling Barrel

3. Performance Data

Gas pressure Muzzle velocity (V) Muzzle energy (E;) Rate of fire ~aximum range

1.1 . Operating Data

Req uired trigger pulling force Recoil travel of barrel

7.62 mm 1225 mm 1075 mm 130mm 270 mm 205 mm 565 mm 476 mm

R/H

430 mm 300 mm

3360 bar

11 .5kg 10.5 kg

1.7 kg

820 m/ sec 3200 NM

appx. 1150 ± 150 rds/ min appx. 4 000 m

appx. 6 to 8 kgf appx . 21 mm

Recoil travel of barrel together with bol t. unul bolt is unlocked appx. 8 mm

\-\-o\~ -t:'o.

5. Other Data

Sight ing device: Open sighting. using

front and rear sights Safety range in direction of firing Safety range lefi and right

from 200 to 1200 m 5000 m 1000 m each

Ill. TECHNICAL DESCRIPTION

Fia. 2: Components o( MG J

Housma Barrel

J Bolt Feed mech•msm P1stol &np Cock ina shdc

7 Rearco,-cr 8 Butt 9 8 1pod

10 Shn&

II Recoil booster 12 Barrel au Ide slee' e I J Reco1l spr•na 14 Pivot ptn 15 Oust C'O\er 16 Tonional sp•r•l spnn&

P•~·ot pm 17 18 19 20

Split coucr pm E)·cbolt Ant1 Am~nn S•&ht

\~'::f:JI:I' ~to..~.~ ui\J-1-ti\JI'::I~c(

•.

---

0192

0192


,,.

Mr. Steven Carter IRAC, Inc. P.O. Box 989 Waynesville, Ohio 45068

Dear Mr. Carter:



Martinsburg . We~t Virginia lJ40j

www.atf.aov

DEC 2 2 2010

903050:AG 3311/2011-014

This is in response to your letter to the Firearms Technology Branch (FTB). Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), requesting an evaluation of a "dummy," MK 19 type, 40rnm machinegun, which is enclosed with your correspondence. Specifically, you asked FTB to determine if your submitted sample was a firearm or a "durnmy"/"non-gun."

For your information, the Gun Control Act of 1968 (GCA), 18 U.S.C. Section 921(a)(3), defines a "firearm," in part, as " ... any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive ... [or] ... the frame or receiver of any such weapon .. .. "

Further, the National Firearms Act (NFA), 26 U.S.C. Section 5845(b), defines a "machinegun" as follows:

... any weapon which shoots, is designed tu shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon. any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converling a weapon into a machinegrm, and any combination of parts from whi,·h a machinegun can be assembled if s uch parts are in the possession or under the control of a person.

Upon examination, FTB found that the submitted MK 19 "dummy" receiver is a newly manufactured item. The "receiver" portion of the item is milled from an aluminum casting and mimics the shape and appearance of a MK 19 machinegun receiver. The submitted item includes a solid, steel "barrel," as well as other non-functional components which are designed to replicate the appearance of MK 19 components such as the control-grip assembly, sear assembly, and feed mechanism.

0193

0193


-2-Mr. Steve Carter

The FTB examination confirmed that the aluminum "dummy" receiver is incapable of accepting an MK 19 machinegun barrel, bolt assembly, feed mechanism, or sear assembly. Moreover, the submitted item is not designed to expel a projectile by the action of an explosive and, in addition, does not incorporate the frame or receiver of a firearm and may not be readily converted to expel a projectile by the action of an explosive. Therefore, the submitted item is not a " firearm" as defined in the GCA or a "machinegun" as defined in the NF A, and its sale and possession would not be regulated under Federal law. This finding is based on the item as submitted to FTB. Any changes to its design or dimensions would make this classification subject to review.

We thank you for your inquiry and trust the foregoing has been responsive to your evaluation request.

Sincerely yours,

ohnR.Sp<~ Ch" f, Ijrearms Technology Branch

._/

0194

0194

coo.

..... -DA'n

• •

Hr . Robert Bower Philadelphia Ordnance, Incorporated Orelan Industrial Park Oreland, Pennsylvania 19075

Dear Hr. l!ower

L :FrTD1ENO 7540

This refers t your letter of July 2, 1985, with which you aubmitted a sa ple of an unfinished receiver tube for an MP- 38/HP-40 aubmachine!Jun receiver , a threaded barrel bushing and a partially completed aoaaine houalng for the above firearn. The parts were aubmltted for claseification under tho provietona of the GUn Control Act of l96R (GCA) and the lational Firearms Act CNFA).

Exa ination of the su~itted parts indicates that tho receiver tube has been achined at the rear to accept an IP-38 or tP- 40 submachlnegun rip fra e . No holes or slots have been achined for the aear, cocking handle, ~aoaaine port, ejection port, latch pin , ejector , or roar sight. The receiver tube, as described, has not yet reached a stage in nanufacture where it would be classified as a firearm. The barrel bushing and JNgasine housing are not subject to the provision• of the GCA or the NFA. However, if any additional r-achining operation• are performed on the tube , or if any additional c~nenta are sold with the tube , this classification is sudject to review.

It is &UIJgested t.hat you notify any purchasers of these parts that the construction of a serviceable or unserviceablo HP- 38 or tP-40 type submachin&Oun without payment of the appropiate aak i no tax and prior approval fro ATF is a violation of the NPA.

The submitted samples are being returned under separate cover.

we tur at that the foregoing has been responsive to your inquiry . If we can be ot any further assistance , plea .. contact us .

Sincerely yours,

Edward u. owen , Jr . Chief, Firearoa ~echnology Branch

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0195

0195

r. Charles • Steen Sarco, Incorporated 323 Union Street

..W I 8 1985

Stirling, New Jersey 07980

Dear r. Ste nt

This refers to your letter of June 10, 1985, with which you au itted a sample of a dumMy STEN aubnachinegun for classification under the provisions of the Gun Control Act of 196 (GCII) and the ational Pi reams Act H'P'A).

Examination of the aubmitte~ sample indicates that it is constructed utilizing a STEN submachinegun barrel, nagazine housing, trig er housing, buttstock, buttatock retainer plun er, and rocoil spring retainer. The du~y also contains the forward portion of a eTcN submachinegun bolt an a ortion of recoil spring. The receiver has been constructed fro solid alu inu bar stock which has been bar d out in the front, and the forward portion of the bolt has been olued in lace.

The receiver has been cut out in tbe area of the ejection port and magaaine vall, aRd a slot has been •achined tn the right aide of the receiver to accept a dummy cocklng handle. The remainder of the receiver is solid bar stock.

ased on the sample supplied, the above described du y RTEN subnlachinegun 1a not a fiream as that term 1a defined in the GCA or the tFA. owever, if the ~ethod of construction or dimensions are changed, this classification would be subject to change.

The subnitted sample is being returned under separate cover.

REVII.WER IUVIE.WI"

0196

0196


..

Hr. Robert J. Imel P. A.l .s., Inc. 8175 River Road, ~.E. Sale , Oregon 97303

Dear Mr. Imel:

r.ca FtT&a Et o 7540

Thia refers to your lettP-r of June 2, 1986, with which you sub itted samples of your ZXS subnachin~oun receivers in various stages of proouction. Also submitted, waR an "GH ode) Xfl5Al receiver which has been moditied to Hl6

conlinuration.

F.xa ination of the subNitted ZX5 receiver tubes bearing serial numbers 0306, Ol78 , and 0369 indicates that serial numbers 0306 and 0278 have reached a ~int in manufacture where they are considered to be machinegun receivers as defined in Section 5845(b), Chapter 53, :ritle 26, United St~tee Code , the National Firearms Act ( NFA ). Xbe tube bearing serial number 0369 is escentially in the sa~e oonfiouration aa that submitted by your fl~ in 1977. This tube has not yet reached a ataQe in manufacture whore it can be considered a receiver for a machinegun. Addi tionally, it is not considered a firearm as that term is defined in Section 92l ( a) (3), Chapter 44, Title 18, United States Code, the Gun Control Act of 1968.

The XH15Al receiver, bearing aerial number 3305, has been re anufecturcC to the configuration of a~ Ml6 selective fire rifle and is a nachinogun subject to the making, registration, and transfer provicions of tho ~·FA. Your comparison of the 1116 type receiver to ZX5 receiver without eiection port or cocking slot lS not relevant, since the Hl6 type ~eaign does not utilize a cocking olot or ejection port in the receiver of the weapon.

0197

0197


CODE

SUR· NAM.

DATE

• •

-2-

rr . Pobert J. Iroel

The submitted samples ar~t being returned under separate cover .

We trust that foregoinQ has been responsive to your inquiry . If we can be of any further as&iatance , please contact us .

Sincerely,

Edward M. OWen, Jr . Chief, Firea~s Technology Branch

EMOWEN: h j:?-1-86 Di sk 130 Line

cc : Inspec t or Lee Ruther f ord BATF, Compliance Operatio ns Por tland , Or egon

SAC RRA Fir ear ms Div.

~N?TO~ ,_EVII!WER MYIEWI!R REIII!WE. R REVIEWER REVIEWER REVIEWER

~~-~ 7. laJ, _.,

12- /-~ ATr& P: 1325.e f2 · 75) COIItRES PONOENC£ APPROVAL AND CLEARANCE Oof' ... JIII"'rMi:,.J o ,-no · Uti ... !.""" llti:~CES ATF FORMSt2f•·73) WHICH MAY BE USED

. u.s. cPOl UU-467- tlO

0198

0198



CORRESPONDENCE APPROVAL AND CLEARANCE

AUG 1 6 2002

Mr. Mark R. Jacobs Black Bear Manufacturing Ltd. 10080 N. Palmyra Road North Jackson, Ohio 44451

Dear Mr . Jacobs:

903050:GKD 3311/2002-354

This refers to your letter of March 4, 2002, with which you submitted a sample of a semiautomatic replica of a Vickers water-cooled machinegun for classification. The submitted firearm has no manufacturer's · marks of identification or serial number .

As defined in Title 26, United States Code (U . S.C.), Chapter 53, section 5845(b), the term machine gun means any weapon which shoots, is designed to shoot, or can be readi ly restored to s hoot , automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon.

Examination of the submitted firearm indicated that the left sideplate is approximately .132 of an inch thick. The right sideplate, approximately . 132 of an inch thi ck exclusive of the ribs, has been manufactured with two integral steel ribs that protrude from t he inside of the sideplate into the receiver cavity. These ribs begin near the rear end of the trunnion and extend approximately two inches toward the rear o f the sideplate . Each rib is approxi mately 3/32 of an inc h high and approximately .OS of an inch thick . The purpose of the ribs is to p revent the installat i on of standard Vi ckers machinegun side rails (recoil plates) . The right side rail has two relief c uts t o accommodate the ribs of the sidepl ate.

REVIEWER REVIEWER REVIEWER

"U.S . Gcwmrncnt PrinbngCMfiol: 2002 - 4tl -811/53553

0199

0199


CODE

SURNAME

DATE



-2 -

Mr. Mark R. Jacobs

A metal bar has been installed in the receiver directly under the mounting screw for the top cover to prevent installation of a standard Vickers lock casing. The top front portion of the lock casing has been notched to accommodate this metal bar. The top cover has had metal removed to allow it to close over t he metal bar.

The top cover has a stop block installed in a temporary manner, which you state would be a weld installation on the production firearms. This block prevents the i nstal l ation of a full automatic trigger bar. The modified trigger bar present in the top cover has a spring-loaded disconnector installed. The trigger bar is in several pieces. The front section disconnects from the rear section when the bol t moves to the rear. Additionally, the trigger (sear) on the bolt has a vertically sliding plunger that engages the front of the trigger bar.

Further examination disclosed that a simple modification such as installation of a meta l shim or block under the disconnector could cause the firearm to function as a machinegun as originally designed. To test this possibility, a folded piece of sheet brass was placed under the disconnector and the firearm subjected to a test firing in this configuration. This test was conducted at the ATF test range, Washington, D.C . The submitted Vickers firearm was capable of discharging more than one round of ammunition, without manual reloading, by a singl e function of the trigger.

Based on the above examination and test firing, the Vickers type firearm you submitted is a machinegun as defined and is subject to the provisions o f the National Firearms Act (NFA) . It is illegal to transfer or possess such a firearm unless it is registered in the National Fi rearms Registration and

INITIATOR REVIEWER REVIEWER REVIEWER REVIEWER REVIEWER REVIEWER

ATF F 9310.3A (7·97) (Formerly ATF F 1325.6A, whiCh may still be used) tJ.S. Gcwei'Mien1 Ptint.ng OH10e. 2002 - 491·811153553

0200

0200


CODE

SURNAME

DATE



-3-

Mr. Mark Jacobs

Transfer Record (NFRTR) . In accordance with NFA controls, we are unabl e to return an unregistered NFA firearm to you. The fo l lowing opt i ons are availabl e :

A. Voluntary abandonment t o ATF f or disposition.

B. Removal and retent ion o f t he right sideplate by ATF a nd return of the remaining components t o you.

We regret that our response could not be more favorabl e at t h is time. If we can be of any fur t her assistance, please contact us.

INITIATOR

Sincerely yours,

Curtis H.A. Bartl ett Chief, Firearms Techno l ogy Branc h

REVIEWER REVIEWER REVIEWER REVIEWER REVIEWER REVIEWER

ATF F 9310.3A 7·97 )( Former! y ATF F 1325.6A, which may still be used) 00. U.S. GoYemment Pnnt.ng Olli 2002 - 491 ·8 11/53553

0201

0201


CODE

SUfll· NAME

D ATE.

•• ,. MAY I 0 ll8l

LEI F :TE I C.'10

•to. '\athleen A. Ryan Gpringf eld Armory 42 Neat :-tain Street G ne eo, Illinoio 61254

Dear H • Ryana

Th cefcr to your let .c of Hay 2, 1990, in \1hich about the lmporta.: on of unfini h-d rcc lve and c pa t fo the A 9 cc AGJ.Il 9 ca ibe carbine . Y u ndicato~ that ~pr ngf e d Ar ory p an to comp ete

munuf c ur of the cceiver and a semb e the ~eapon Un ted tate • A nmple of the untln bed receive

ubm tted o th office on lay 9, 199 •

ou a k onent

An exam1nation of the GUblil1tted ample indicate ~h t a f at rec~angular p1ece of heet metal approximate y 11-3/4 1nchc 10 length and app oximatcly 4-3/0 1che .. in w dth . The ejection port ha been cut lllld two trengt. en •i9 lb have been pre~sed nto the b an~. A~ 1ndicated n your letter tho fol owing ope .. a ion are to be per o.med by your fi • 1

l. I'0-1>1 to n U haped channel. 2. wtnmp out the bolt handle cock~ng handle olot . 3 . Pcrfor a di."plo-.. nd-pu.1ch operat~on for he carrying

hllndle. 4. Held a bolrrc~ re-a.nor collar in place to ~roperly

.ocate the barrel in the receiver . S. Held rottnfo.ccmont br:o.ckoc in place .. o g1vo trongth

to the receiver: and allow the location 11nd in tallat on of the front trigger hou ng .

6. Drill to properly locate the rear tr gger count ng pJ. cement.

T o unf~ni hod rece vcr for the Algioec A~l carbine, as de cr bod bovo, ha not reach_d o. ctag~ n manu.actu c who e 1t wou d be c1n f1ed as a f oa

1?~~:-rz;JJ:? IIIEVIEWER REVIEWER R EVI!WER REVIEWER REVIEWER 'lEVIEWER

V(}Lb--s-~<7--t:?O

" ' ATF F 132.5 S !a -7.51 CO .. RESPONDENC£ APPROVAL A D CL.EAAA ICE 0 ,....,.,. .. T .. 1[ ,.l.A.tllln'

• ., • .._ ... ., Of' lill-COMOL H~·ACCO ..... 0 I at.AitQ

• U S GPO 1iai0 228·538 .. E~LACES ATfl FORM 92 18·731 WHICH MAY BE USED

0202

0202

COOl!

SUR· NAME

DATE

,..._ .

-2-

• Kath een A. Ryan

Plcaae be adv.L ed that thl c a ~ification !a ba ad on th ... onnple a received . If the desion, di en on 1 or nunbec of lllllnuf ctur ng operation ... arc ch.:mgcd, thi c a flcat on

ubjcct ~o revici.

T• ubject unf ni hod rcce.Lve haQ rene ed a tage in manufacturo where i _ • identiflable a~ a defen c art1clc1 therofoce, an ATF Form 61 Applicatton and Pe m t for Importat1on of Arr.1 1 AL::aun:a.tion and I.plement of Har1 wi.Ll bo required for the . porta ion of the unfini hed rece1vcrs .

Your que t on concern1.ng record ke':!p ng baa been referred to tho Fi ca and Explo ivc Ope~a~ions Brunch, Compliance Opcrnt ... on • They vill .te pond conoern.ng thi que tion.

The uum ttcd amp e i being rotu ned undet eparate co c •

t:e trust tha the foregoing t.a bee., re pon ve to your nqui y . If we m:ly be of any further n l. tance, please

contact u •

Sincerely your 1

Ed~ard M. owen, J • • Chief , Pirearm ..:Oechno ogy Dr ncb

INITIATOR REVIII!WEA REVIEWER REVI1 WEA AEVIEWE!It REVIEWER REVIEWER

00 0 .... .. rn ,.. Cllt"' >I (')N •• .co ~;o •• >< O> H!z: <:· HO CllO H(') 0·· ZV1

I ID I

ID

""

AT~ F" 132$ 612·751 CORRESPONDENCE APPROVAL AND C.LIEAAAt'ICE 0 _"" .. ,.,dJI Hf •• , .. ~~...,

•ufltAU Of A.&.COt<O.. T~••C.CO "''"0 f fli..A.to'ltll

• u 8 GP10 tle8 0 228-5)8 REPLACES AT I" FORM •21•·731 WHICH MAY BE USED

0203

0203


Bureau of Alcohol , Tobacco, Firearms and Explosives

Mr. Neil Amodeo Numrich Gun Parts Corporation 226 Williams Lane P.O. Box 299 West Hurley, NY 12491

Dear Mr. Amodeo:

MAY -5 2004

www.atf.gov

903050:MRC 3311/2004-179

This is in response to your letter dated November 28, 2003, to the Bureau of Alcohol, Tobacco, Firearms and Explosives (A TF), Firearms Technology Branch, with reference to your submitted AMT Automag-type casting. ln your correspondence, you inquire whether this item qualifies as a "firearm" under the Gun Control Act of 1968.

Following examination of the example you submitted, our Branch determined that the following machining operations would be necessary for this casting to be considered a firearm:

I. Cut frame rails. 2. Drill hammer and sear pin holes. 3. Drill hole for trigger bar spring. 4. Drill hole for trigger bar stop pin. 5. Drill slide stop pin hole. 6. Drill and tap for grip screws. 7. Drill hole for hammer strut and spring. 8. Final prep of feed ramp. 9. Drill hole for trigger pivot pin.

Therefore, the particular casting you submitted does not meet the definition of a "ftrearm" presented in 18 U.S.C. Section 921(a)(3). However, any deviation from the example would void this classification.

We thank you for your inquiry and trust that the foregoing has been responsive.

Sincerely yours,

~.._ s£?n~ Chief, Firearms Technology Branch

0204

0204


...

Jm 1 a 1981

01

to yrur: lett:JN: of J\llla 3 cpin1or1 on c1 cat.1m of a

firoom frJae OS: nx:e1:

0205

0205


. s'81.-m • .:{ ...... File: ~

SAVAGE ARMS Sprin!jdale Road WesH1eld, Massachuselts 01085 Telephone: (413) 562-2361 Telex: 95-5440

Firearms Technical Branch

June 3, 1981

Bureau of Alcohol, Tobacco & Firearms P.O. BOX 784 Washington, D. C. 20044

Gentlemen:

I have been asked by your Springfield, Massachusetts office to write to you.

I would like to receive a written opinion as to whether or not bolt action rifle receiver blanks, as illustrated in the enclosed polaroid picture, have to be serial numbered before sale to a custom gunsmith who will make match rifle receivers from them.

These blanks are made by cutting a steel bar to length and

est-

then drilling and broaching. There are no other operations performed on this piece of steel by Savage Arms. The exterior is unfinished and over sized .

The custom gunsmith who was to furnish these into receivers would have put on a serial number after machining has been completed.

We will not ship any of these blanks until we receive your opinion.

RAG/gk

R~c:;;_%~ R. A. Greenleaf Customer Services Manager

encl

0206

0206


...

0207

0207


·I

COD I:

SUIIt· NAM I.

DATI!

tr. ~ieolaw Czercpnk 3809 w. 77th Place Chicago, Illinois 60652

Doer tr. Czercpak:

LE:F:TE:EMO

This ref r to your otter of July 24, l99B, in which you aok about selling t\P4C suboachinegun receivero which are "80\ flnishod•.

l e do not J;~Z~I;e clnssifl.cationo ba ed on tho percentage of co pletenooo of a particular ito • The terminology "80' f.nished• is not uood by thi~ office.

c have classified certain unfinished receivers as n t being firea • Those unf niehed submachin gun type receivers, wh ch have been clas ified as not being firear s, are solid ba w1th no 1nte nal macb.ning perfor ed. The exter or of tb bar ha been profi ed to the opproxi ate al~ e of the finished te •

If you ol d ba hnv1n the exte~~ e of nn chine un receiver nd having no nternal sachin1n, the itc1 wou d not be a firer • If any

operat ons were performed tbi claosifi~at on ubject to review.

e tru t that the foregoin bas been re inquiry. If we y be of any further a contact u •

Sincer y yours,

(SicnedJ Edward u. Oreo, Jr •

onsive to your 1 .. tance, p e o

Ch ef, . 0 en, Jr.

cchnology Dtanch

oc 0 ... •• Dl

:or

(l)t"' )Ill (")N .. "'

CIO I ...... I

"' 051

t NJTIATOA "IIVIEWER RI!VIEWER REVIEWER REVIEWER REVIEWER

ATJI' F 1325 e 12 • 75 1 COAAE:SPI'ONDI!NCE A,.._M>VAL ANO CLEARAtiCE 0 •aonu "t~OI' Uof flllA9....,

av"'*"'"' Olt 41.C:OMCX. fOeAC:'-0 a ... o •••L.t.ltilll$ •U SOPO 118a:Q..228.&38

llti:~CI:S A'TF FORM !JZ UJ-73) WHfCH ""AY BE USED

0208

0208




903050:MRC JAN 1 3 2004

Mr . Steve Lazzara National Ordnance Company 5514 W 34th Street Houston, Texas 77092

Dear Mr. Lazzara :

www.~tf.gov

3311/2004-233

This is in response to your letter dated November 28, 2003, to the Firearms Technology Branch, Bureau of Alcohol, Tob acco, Firearms and Explosives (ATF), in which you ask for a classification of an accompanying sample of a Government 1911Al type casting .

. - - -·- --- ~

Upon a n exami nation of the submitted sample, our Branch determined the following machining oper ations would have to be performed:

I. Cutting frame rails; 2. Drilling of hammer and sear pin holes; 3. Drilling of plunger tube holes; 4. Dril ling of slide stop pin hole; 5. Dri ll ing of disconnector hole ; 6. Drilling of holes for eject or legs; 7. Drilling of hole for thumb safety; 8. Finishing machining for magazine catch; 9. Cutting groves for mainspring housing; and IO.Drilling and tapping for grip bushings.

Furthermore, based on the examination of the submitted casting , we concluded that it does not meet the definition of a "firearm" provided in 18 U.S . C. 92 l (a ) (3) . However, any devia tion from the submit ted item woul d void this classification.

0209

0209


.·'

-2-

Mr. Steve Lazzara

We thank you for your inquiry, along with ac'companying sample, and trust that the foregoing has been responsive to your request for an evaluat ion .

Sincere l y yours,

~-Sterling Nixon

Chief , Firearms Technol ogy Branch

0210

0210


• ~ . ....

Mr. Alan Aronstein Hi-Standard Manufacturing Company 5151 Mitchelldale, Ste. B II Houston, Texas 77902

Dear Mr. Aronstein:

l !.S. Department of Justice

Bureau of Alcohol. Tobacco. Firearms and Explosives

SEP Z 8 2012

903050:WJS 331112012-1201

This is in reference to your recent correspondence to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Firearms Technology Branch (FTB), with accompanying samples (see enclosed photos) for evaluation and classification per provisions of the Gun Contro l Act of 1968 (GCA), 18 U.S.C. § 921(a)(3).

As background to our discussion, the GCA, § 921 (a)(3), defines the term "firearm" to include:

... (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; [and] (B) the frame or receiver of any such weapon ....

Please note that any receiver-casting or receiver-blank that has been finished to the point at which it can be recognized as a firearm frame or receiver is a "firearm." Our Branch has held that in order not to be recognized as a "firearm," a semiautomatic-style receiver-blank or receiver-casting must not have: a) slide rails or slide rail indexing marks; b) a barrel seat; and c) more than two of any of the following four critical holes drilled-I) slide-stop pivot, 2) sear pivot, 3) disconnector, or 4) hammer pivot pin.

The FTB examination of your submitted 1911-type sample found that is has had the following machining operations partially or fully completed:

• Casting from steel, the outside profile of which is generally to shape, with recess for the hammer slot and the magazine well.

• The ramp partially formed, partially machined. • Relief cut in front strap for the magazine floor-plate. • Thumb-safety detent area partially machined. • Magazine-catch opening machined. • Trigger-assembly opening machined.

0211

0211


Mr. Alan Aronstein

We noted that there is no barrel seat; there are no mounting pin holes for the hammer, trigger, sear or takedown pin; and no slide guide rails have been formed or indexed.

Further, the FTB examination of your target-pistol type sample disclosed that it has had the following machining operations partially or fully completed:

• Casting from steel, the outside profile of which is generally to shape, with recess for the hammer slot machined.

• Magazine well partially machined. • Feed ramp formed and machined. • Relief cut in front strap for the magazine floor-plate. • Magazine-catch area on front strap machined. • Opening for magazine-catch roller and roller pin machined. • Trigger recess machined. • Trigger stop-pin hole machined. • Barrel seat partially machined. • Barrel take-down pin hole machined.

We noted that there is a partially machined barrel seat; however, there are no mounting pin holes for the hammer, trigger, and sear, and no slide guide rails have been formed or indexed.

In conclusion, the FTB evaluation finds that the submitted Hi-Standard, 1911-type receiver blank and Hi-Standard, target-pistol type receiver blank are not "firearms" as defined.

In order to facilitate the return of your samples, please provide us with your FedEx account or a U.S. Postal Service, UPS, or other appropriate carrier return-shipping label within 30 days of the receipt of this letter.

We thank you for your inquiry and trust the foregoing has been responsive. Should you have any additional questions, do not hesitate to contact us. .

cerely you;+s, \

4 c-

hn R. Spencer Fir arms Technology Branch

Enclosure

0212

0212


/

Mr. Robert Serva Dan Wesson Firearms 5169 Highway 12 South Norwich, NY 13815

Dear Mr. Serva:



AUG 1 9 2004

www.atr.gov

903050:RDC 3311/2004-564

This refers to an unfini shed 1911 -type semiautomatic pistol frame sample, which was received by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Firearms Technology Branch (FTB), on July 25, 2004, for examination and classification.

Examination of the submitted unfinished frame revealed that the following machining operations have been made, implementing these essential features:

• Slide stop crosspin holes. • Sear pin hole. • Hammer pin hole. • Thumb safety pin hole. • Main spring housing pin hole. • Disconnector port. • Stock screw bushing threads. • Frame plunger tube mounting holes. • Feed ramp. • Barrel link surfaces. • Frame interior passages/slots. • Frame safety lever cutout.

In an accompanying letter, you note that the submitted slide rails have not been cut and that there is an additional .015 inch of material left on top of the rail area. AdditionaUy, you state that the sides are approximately .004 inch in width.

The only critical operation yet to be made is the cutting of the slide rails. Although critical, this work can be completed in a minimal amount of time by a competent individual having the necessary equipment.

- - ·--- - -----

0213

0213


-2-

Mr. Robert W. Serva

Based on our review of the submitted frame, including the features enumerated above, FTB has determined that the number and complexity of the operations made are sufficient to classify this sample as a " firearm" as defined in 18 U.S.C. § 921 (a)(3).

We trust the foregoing has been responsive to your inquiry. If we can be of any further assistance, please contact us.

Sincerely yours,

;e...OY/ ~Sterling ~n


0214

0214


Mr. Si H Bloom General Counsel Taurus International 16175 N.W. 49'h Avenue Miami, FL 33014-6314

Dear Mr. Bloom:


Bureau of Alcohol , Tobacco, Fireanns and Explosives

JAN 2 5 2005

www.a1f.gov

903050:AG 3311/2005- 141

This is in response to your letter dated December I 5, 2004, to the Fireanns Technology Branch (FTB), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), in which you ask for a classification of the four investment castings you submitted in order to detennine their importabi lity.

The FTB examination of the submitted samples has determined that the following major machining operations would need to be perfonned on items 1-3 (revolver-type receiver castings) to enable them to meet the definition of a firearm:

• Machine barrel channel. • Machine cylinder pin hole(s). • Machine trigger pin hole(s). • Machine hammer pin hole(s). • Machine firing pin tunnel.

Other minor machining operations might also be required.

The FTB examination of the last submitted sample has determined that the following major machining operations would need to be perfonned on item 4 (pistol-type receiver casting) to enable it to meet the definition of a firearm :

• Machine bore of barrel. • Machine slide rails. • Machine trigger pin hole(s). • Machine hammer pin hole(s). • Machine mainspring channel.

Other minor machining operations might also be required .

0215

0215


-2-

Mr. Si H. Bloom

In conclusion, the FTB examination of the submitted sample castings has determined that they do not meet the definition of a "firearm" found in 18 U.S.C. Section 921(a)(3) and may be imported into the United States. However, any deviation from the examples submitted would void this finding.

We thank you for your inquiry and trust that the foregoing has been responsive to your request for an evaluation.

Sincerely yours,

~~~ Chief, Firearms 1e~~:~l:gy Branch

0216

0216


Mr. Eric Unger General Manager Pine Tree Castings 411 Sunapee Street Sunapee,~ 03773

Dear Mr. Unger:

DEC - 4 2005



www.atf.gov

903050:AG 33 11/2006-124

This is in response to your correspondence dated November 4, 2005, to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF}, Firearms Technology Branch (FTB), in which you ask for a c lassification of two pistol-type (Smith & Wesson/Walther) rrame castings that you submitted to FTB.

The FTB examination confirmed that the submitted samples are ferrous metal, pistol-type frame castings. The castings resemble firearm frames, but are missing several features that would permit their use as firearm rrames.

The following major machining operations are required for these items to meet the definition of a "firearm" (see photos provided on pages 3 and 4) :

• Machine barrel tunnel/feed ramp. • Machine barrel retaining pin hole. • Machine slide rails. • Machine trigger guard recess and pivot pin hole. • Machine trigger pin hole. • Machine trigger recess. • Machine tri gger bar recess. • Machine sear hole(s) and recess(es). • Machine mainspring cap retaining pin hole (PPK/S only). • Machine mainspring c learance/grip panel screw hole area (PPK only). • Machine hammer drop safety recess.

Other minor machining operations may also be required.

0217

0217


-2-

Mr. Eric Unger

Accordingly, the FTB examination has determined that the Smith & Wesson!Walther pistol type frame castings you submitted are not "firearms" as defined in 18 U.S.C. § 92l(a)(3).

This classification is based on the characteristics and features of the samples as received (one PPK type and one PPK/S type). Any alteration of the dimensions and/or configuration of these items will void this classification and require reevaluation by FTB.

We thank you for your inquiry and trust that the foregoing has been responsive to your request for an evaluation.

Sincerely yours,

s-~ {

Sterling Nixon Chief, Firearms Technology Branch

0218

0218


INTERSTATE SHIPMENT OF FIREAR~/ //; -;$- /.

HEARINGS BBli'OIIB TBB

COMMIT.l'EE ON COMMERCE UNITED STATES SENATE

EIGHTY-EIGHTH CONGRESS li'IRBT AND SECOND SESSIONS

ON

s. 197~ f(;f(, ~ !7{, A BILL TO AMEN~ THID i'EDERAL FIREARlfS ACT

AND

s. 2345 A DILL TO AMEND THE II'EDERAL l!'IREARl\18 AO'l' TO lt'URTHER RESTRICT THE USJo! OF JXSTRUMENTALITIES 011' IN'l'ERSTATE UU. FOlll!11GI\ COliiiUI!}RCl\ll!'OR 'i'HE ACQUUil'J.'ION Ol!' li'IREAn:MB

FOR UNLAWFUL PURPOSES

DEOEMBER 18 AND 18, 1008; J'ANUARY 23, 24, AND 30, AID> !.IAROH 4, 1004

~UI

Serial No. 45

Pl'lnted tor the uae of the Oommtttee on Oomwerce

U.S. OOVERN)lENT PRJNTJNQ ODICIII

WA8HINOTON : 111M

0219

0219


; I " . '' ~ J t • ' ..

APPENDIX

AGENCY COMMENTS

HrU\. 'VwN o: M.\o-'~soN, · · . Ol&airnaa.n, Oo•nmUtc'o on .. Oonuncro6, u.s. Semite.

DEPAUTAIY.NT OV i:l1'AT~, WasMraotma., D.O., Nocmmbor J.f, 1968.

DEAR Ma. OnAU,liAN : l am writing ln reJ)ly to your lct.tcr or August 8, 1008, rl'f}uestlng tile comments of tho Dc),nrtuumt on S. 107G, a bill to aummd the ~~cd· eral Flroo.rnas .Act. :

S. lO'lri would nmcnd the first five sections of the l!'cdernl Firearms Ac~t for tlao llUfpOSe Of re8ttlc!t1Jlg' tbC sBl~ Of mall-order ho.ndguDB to juveulles Rl\d Undee.lr• ablo ndult:S; · Wlille tbe •mpat-tmcnt finds no objections to theMe l>rovlslous, tt Js nott~il"'thn~ tbn· Beerotney ·Of TrMiury, hy the ternu1 ot the l~ctl~rnl l•'lrmu·n.tJJ Act1 has l'C8l)Oll8lbtllty for Its aclmtnlatratlou. It fa turtlier hotcd tMt ~N!tiOft r ·or S. 197ri would add l\ new BL-ctton 10 to tho l!'ed<!till ~lrcnrluSJ A<•t to J)rcRcrve tlt~ requirements of sct•tlou 414 ot tllo Mutual Sccurlt}' 'Act of 1004; · nH tuhNadctl, whleb. arc =R(bnlnlstorcd· by tho Seorotory. of St4tet on d~legatlon ,from ··the l~reshJent. ! , . : : · . · .. .. 1, I, • • • • • • • • • • ; • •

··'l'hl' .I>opnrtnumt .would have tao objcct.lon to 8; •10711 wltb.'th~ lueluslon of ~oetton 7 to elarlfy.th'O lndlvldual rosponetbllltles ·~r the Seerctur:les of tbo 'l'reo.•mry nntl Stntc. ! · • • • • • • · • • · • ,.

Tht> .Hurcau. o~ tltc tBtul~t ad\'fHes·thnt from the standttnlut ot U11} lttbnluiHttn· Uou'SilrDit'Rin there. lA no objection to tbo aubmiAAlon of t.htK rc110rt •

. It I enn be of t .urtber asal&tnnce t.o ~·ou :In thl!f mutter1 JlletHit~ llo not luoYltntc to let mo know. . . . . .

1 Slncorel:r youn. .F8£DEQIOK G. ·DUTTON, .. :

Aaaialcrnt l:loorotrll'll· • • 1 • ., 1.

. . . DErAMTMENT o~o· $TA.T~ , . . · t· ·. , .,. . . lVCJII&{ugton, Docombc,r: ~ •. 1968. Uon. WARU~N G. ldA(lNU80N, ... : Ollalnnm•, Gmn,ll'ltt'eo on Ocm&?ncrc6, . . .. ll,g, S~malo. , . . ... . .· ...

1

. ·DKAB l\IR. CuAmMAN: I nm.\\'rlUng to the rcsponso of yonr· h•ttor of J)c{>embe~ 2, .100.1. ;requestlng tho comments of the Del)flrtment on tl1o amt'ndmellbt lotonded to• b~ proposed by Senator Dodd to S. 107G mul on S. 2345, ·both blllt~ to nulend tbP. l!'oderalli'lrearma Act. .. . · · . . . The Department advlsod tho committee on Nove\llber 14, l.OO:J, thaCJ •lt would

have no obJection to S. 1076 with the lnolualon of aoctlon 7. to •Clnrlfy ·tho fn, dh·tcluol 1"08J>ODalbtllt.tea of the Soeretarlca ot . ~easury and ·State. ·. The amondtn<'Ublintoodcd ·to be pl'OJ)Osed by Senator. Dod<l havo boon reviewed, : and tho Deportment Duds no roosolt· to alter Us position wltb l'eiiKJCt .to .tho ·blll It amended na Jlroposod. ! . . .

. \Vhllo the ·T>opnrtmellt. .would have no obj~Uon to tho onnt-tllumt of .s.· 2845, It \Vnuld nppanr that S. 107«S, ~thor with the nn1ondments tntondod to bo pro.. tmsro, would moro ntlequatoly nccomplleh ·the committee's Intended objeotlYeH. JlowCJvor, this ·Ia n tmo.ttor that eould be · addroasod mora approprlatt-ly by tho 'l'renAUry· Depaitmcnt which has rcat>Onstblltt~ for tho admfnlatratlon ·of thG ll"edGtal · },Jrenrt\18 Act: , , . " · . ~ c • • • • • • • • 1 • •

· ·The BureG.\1 of tbo Budgot· advised tbat. from tbe standpoint of the admlnlatrntlon'&,prol{l'am.• thore te no obJeotlon ·to the I!IUbnllsalon ot.tbls report. . · ·. . .

Slnt't'rely yours, l. • • . • •

' . . : ... • , , . • . ! . . . .Jf'RDERiox G. DUTrON, . A~aldnt1t Soor6laf'fl

(For tho :Jecrctnry of A tate), 283

0220

0220

II

284 INTERSTATE SHIPMENT 01' ftRl!WWS

Hon. WABRF.N G. llriAONuaow, Olaalnnan, Commllte6 on Oommeroe, U.S. SeMie.

DEPARTMENT OF 8TATF., Wa•hlngton, Jatattar11 ~~. 196-f.

DIWI Ma. CHAJBHAN : I am writing tn response to your letter ot December 13, 1008, requesting the comments of the Departm~nt on nmendment No. 800 Intended to be proposed by Senator Dodd to 8. 197G, n bltl to amend the Fedra·nl Flrearnts Act.

By Iotter dated Dece>mber 9, 1968, the Department t.ransmltted comments relative to amendment No. 88G to 8. 197~. The Department has no objoctton to amendment No. 860 and would request that the Tlewe tmpret::Sed In the De· <-ember 9, 1003, letter be considered as app)ylng equally to amendment No. 860.

The llureau of the Budget advises that from the standpoint ot the admln· lstratfott's program there Is no objection to the submlselon of thta report.

Sincerely yours,

Hon. WABREN G. IIAoNUSON, Chairman, OommiUee o" Oomnaerce, U.S. Senate, Wa~Aitaglon, D.O.

li'REDUIOJt G. DU'l'I'ON, Aaef.dam Beoretar11

(For the Secretar,r ot. State).

OBNa&L Ccn:maa.. TBIIA&U&Y DBPA&TJIB:NT,

Wa•Mtaglott, NOf1flmber 14, 1968.

DUB lela. OHAJBIIA!f : In 7our letter dated Auguat 8, 1968, to the Secretary of the Treaa1117, you stated that your committee would be pleased to receive an,y comments tho Treasury Department would care to make on the amend· menta to the Federal Firearms Act ( ch. 18, tttte lts, United States Cocte; G2 Stat.12CSO) proposed In S.l97G (88th Oollg., 1st MSII.).

We understand that this bill Is the result of a series of hearings oonducted by the Subcommittee on Juvenile Dellnqueney ot tbe Senate Judiciary Comnltttee. During those hearfnp the problem ot juveniles easily obtalnlug band· guns through so-ealled mall-order deliveries acr088 State Unes wns exposed. It appears that the bill Is prfmarUy destped to cope with this problem. S. 1976 would accomplish thJa objective throuarh tncorporattng speclftc restrictions on Interstate shipments to juvenlles of handpns and ganpter-type fireanne fJUb. Ject to the National Ftrearma Act (cb. G8, title 26, United States Code). These restrlctlous would not &PP17 to aporUng-type rlfies and shotcuns.

Boulcally, these restrictions involve three elements: 111'8t, the penon who orders the h11ndgun (or gangster-type firoorm) must establlsh his ldcntl~· to the ablppcr by submlaalon of a sworn statement attested to by a nota ey publlc to the eJrect that he Is 18 years or more of age, that he ls not a pers"u prohlblted by the act from receiving a firearm In tntentate or foretrn commerce, and that there are no provlslona of law, regulations, or ordinances applicable to the locallf3 to which the handgun or firearm wlll be shipped which will be violated by his receipt or posseeelon of the bonctgun or .firearm: second, tbe manufacturer or dea}tl.r ahtpplng to a person other tban a federa117 Ucensed manufacturer or dealer or to a penon holding a State llcense to purchase a ftrearm, could not abtp a handgun (or gangster~type 1lrearm) ln Interstate or foreign commerce in the absenoo of the required awom atatement, and the shipper would be required to notify the carter ot the contents of the ablpment; and tblrd, the common or contract cnrrler transporting the handpn (or gangster· type firearm) In Interstate or foreign commerce would be prohibited from dellverlng such handgun or firearm to any person with knowledge or wJth rNsonable cause to believe tbat such person 1!1 under 18 years of age.

Jn .addltlon to the provisions designed to deal wttb the mall-order traffic ln handguns to ;Juveniles, the bill would also amend the ll'ederal Fireai'ID8 Act tu other respects in order to bring the act up to date In tho light of problems \Vhlch hate been experienced In the admtntstratlon of the act. Detailed comment as to the nature and effect of e.acb ot th~ amendm~nta js contained In a technical explanation of the blll, whlch Ia attached hereto.

Tbe other amendments to the act contained tn the bill appear to be prtnclJ)8lly designed to-,

0221

0221

INTERSTATE SHIPMENT OF FIREARMS 285

(1) Incl"eftsc the annual license fees to a more ~nllstlc level (for examtlle, tho present denier tee of $1 Is not adequate to conr the cost of tn·oce&Ring the appltcatlon and Issuing the llcenee).

(2) Clarify and effect needed impro'ftments in llcenslng provisions of the act.

(8) Clarify the application to manufacturers of the recordkeeplng provlslona of the act.

( 4) Ellmlnate firearms ammunition and small parts of firearms fron1 the coverage of tbo act since it has been found Impracticable to etrectlnly ndmlnlster the proV'l.81ons of the act relattng thereto.

(CS) Olarlty other language of t~ act and delete obsolete provisions such as references to "terrltoriee."

(6) Protect tho rl1ht& of licensees, by )>ermlttlnc licensees under Indictment to ~ntlnue operations under their .-xiBtlng licenses untll any conviction under the Indictment become& ftnal, and by excluding antl-truat-cypeo Ylolattons from the felony criteria applicable to tbe Issuance of licenses and the Interstate tranaportatllon and receipt of ftrenrms.

(T) Make It clear that tbe Federalli'ireRrms Act will not be conatrued as modifying or affecting sectlon 414 of the Mutual Security Act. of 1004 wlth respect to tbe m.Wutacture, exportation, and Importation of arms, ammumtlon, and Implement& of war.

This blll does not lnvolYe Federal rqlstraUon of any type of fil't'arm. no1• does it appear to Impinge upon the constitutional right of citizens to keep or bear arms.

It Ia the view of the Treasury Department that the provisions of S. 197G ate In the public Interest and would etfect needed Improvements In the Federal Firearms Act. The Department, therefore, favors the enactment of 8. 191CS.

The Bureau of the Budget has advised the Treasury Department that there Is no objection from the standpoint of the admlnlatraUon•s program to the presentaUon ot tbla reporL

Sincerely yours, G. o'ANDELor BELIN,

Oenet•al Cotmael.

TECllNICAL EXPLANATION OF AWENDMICNTG TO TJIE FEDERAL Ji'IRRABIIB Act PROPOSED DY 8.18TIJ (88TH OONo., IBTB£88,)

Tho enactment of s. 19115 (88th Cong., lst &e88.) would strencthen tbe Federal Firearms Act (cb. 18, Utle lCS, United States Code; 152 Stat. 12GO) by tncorporatSng In the act speclflc reetrlctlons on Interstate shipments of moat firearms (excluding only sportlng·tJPO rlftea and sbotguna) to juveniles, removing certain lnconalatenclea and ambl,ultles, deleting obsolete provisions, and almpllfylng admlnlstratton of the act.

The administration of the Fcdeml Frearma Act. a statute deafgned to control the movement of firearms In Interstate and torelgn commeree, le vested In tbe Secretary of tbe Treasury and Is presently administered by tbe Alcohol and Tobacco Tax Dlvlalon of tbe Internal Revenue JJervlce. Begulatlona under the Federal Firearms Act are contained In part 171 of title 26, Code of Federal Regulatlona. That Division also admlnla~rs the National Firearms Act (ch. 58 of the Internal Revenue Code of 19M; 48 Stat. 1237), whlch provides, by use ot the taxlng power, tor control over the manufacture, "maklnc," tranafer, aud ownership of certain types of firearms such as machine guns, sawed-oft shotguns, sa wed-oft rUles, and gadget-eype weapons. . .

For the purpose of convenience, we are setting forth below the text of eacll amendment proPQICd In the blll, followed by an explanaUon of the eft'ect of, an't our comments on, · the amendment. 1tllnor technical changes to certain amendments are &uJie&ted. Scolfon 1 oflhs lJIII

"That the first ~tlon ot the Fedeml FJrearma Act (G2 Stat. 1250) Ja amended to read ae follows : ·

" 'That as used In tbla Act.-•" (lines S-IS, p. 1, of the blll). . Sectl~n .1. ot the act contains deflnltJons of. terms used ln the act. Each pro

posed deftnltlon te followed by our comments thereon. Sucb deftnltlons would be amended to read aa follows:

"(1) The term 'penon' Includes an .tn41vldual, partnership, association, or corporation" (lines 6-T. p. 1 of the btU).

0222

0222


286: INTERSTATE · SHIPMENT OF. FIREARMS

. This definition of "person" is the Bftme as the deftnltlon of that tot•nt now In the act.

"(2) The term 'Interstate or foreign commerce' means commerce between o.uy Stato or poasession (not including the Oanal Zone), or the Dlstrlct of Columbia, and any place outside tltereof; or betwt..-en points within the same State or poqesslon (not lncludln§ the Canal Zone), or tho District of Colun1bla, but through o.ny IJlo.ce outside thereof: or within any possession or tho District of Oolumbla. The torm 'State' shall be held to lncbtde tbe commonwealtb ot Puerto Rico and the Dlstrlct . ot· Columbia" (Uues 8-11, p. 1,· and lines 1-G, p. 2, of the btll). l -

'l'bis deftnltlon, as aiuended, will includes basic features of. the prosont <lcftnttlon of the term. However, the term 11terrltory .. ls omitted since there Is no 11terrltory.. at tho present time.•. Tile last sentence- of the deOnltlon was ln· sorted to clarify the status of the act in Puerto Btco and· the District of Columbia. The U.S. district court In the Commonwoalth of Puerto Rico bas lleld that ·the .oct Ia -•not ·appll~o.ble to ·trnn&actlons occurring wholly wltlltn the Commonwealth. In addltton, section 2(c) of the net (lG u.s.c. 90'l(c)) Is (le· signed to Implement !State laws requiting a license tor tll-o }Jurcltaso o~ a firearm bnt.•the se~tton does · not Implement-such : Iowa In the Dlstl'lct ·of Columbia or Fuerto ntco. The statement tn this deftnttlon that the terin ''Stnte" wlll :lncht<le thesl' nr('RS will, we believe. remove nny donbt ~s to the· appUcntlon of ·the act ln Puerto Rico and the District-of Columbia, which Ia desirable.: ' ·,

1'(8) 'l'lte- tarm ·•nrenrm' meAns nny weapon; (iy whatsoever noiDe· known, whl<'b will, or ls designed to, or which mny be readily converted to, e~qJCI a pl'oje<!tllo ott•projectlles by tho' action of an ~splofllve,· tho 'frnme'or-\'CColver ot•nny su('h wenpoil~ or 1\ny Ortmrm·nmtBer or firearm sllence\'11 :(Un~s 6-10, p. 2. ot tbe bill).

The,t•rosent·deftnftlon o'f thJs termtnclttd~ ~lilY ·"f)ant" ·~f · n· nr .. nrm. It llR·~ IH>en fouml thnt •tt ls41mpractlcnble; if not lmpo88lble,•tb: t~l\t· ench 8htilll purt ot R ·ftreRnn ns·lf It were n ·Weapon: . Tbls 18 partlcularly trne with f(>Rpt'('t to t he rerorclke<>plng l)fO\"lslons of the act slnrc small pol't& -or~ nob~nRily ld~ntlfl~tl by n serlnl numbN'. A<'<'Ordlngly, there Is no obj('ctlon to. mOdlfylng this <l<>ftnt· tlon so thnt nll parts; otltc'r tltnn frnroes nncl receivers, nr~ (>\hntnntcd from the pro\'lstons of the ·nct. It shoul«l be notc<l thnt mufflers nnd slll'neors stilt C!Omc within th<> clcflnltlon of "flreurms." .

ln"tbe pnstt· we bft'f~ experienced some dlftlculty in litigation involving a tempot'nrlly unservl<-cnble firearm. For exnmiJle, a shotgun without a ftrlng t>ln ":n~ ;hcl~ ~Y ~}~l~t~lct _ c;o~tr~ not to be n ft~E'~rl!l even t}wugh '.\D£"!th('r O~l.u~ .pin, ot even n 'nn1 •• :.r:ou1d en~jly be _Inserted. to :ttiake th~ w.~ll~lO~ ftr~. · Tbc'protlo$cd d~ftnltton· wo\ild intJlt~ tt cl~nr thnt nuy weapon whtcti mny be t:l'ndUy conv~rtcd tq Ar~ comc>s wttbJn th'e' ~enning of the lerm ".ftrcortn!" · · · - ' · . 'The <·bnng<>s prop·ok~lrtn the deflnltloh ~t "1lrcarln"·W,nl mltt<>rln11'v ·ntd"'ln tllc

etiforrettient ot thP net. . . ' ' ' . .. ' ' ' ; • .. ' • ' . ' , " ( 4) Tbe term 'hnn<lgttn' m<>nns nny pistol or r~volvct ·orlglrinJty · .clcEcrgncd to tJt:' flrNl by' thc 'ustf of n SliJgle lulnd. or:·nny ' otb~r'.ftrearm' ot11glnnlly d~.qlgnt-(1 to tiiHit~~(l hy the _\u~e· ot'lr single bttiid1

' (lilies 11-14, p: 2' of the btll )." ·· · · ~~~~ "tcrm_lii ~ot detlhed in: ~he net nt t~e pre~tenrtttne/: The d~flntuon· will

n\nke ft .clear \Vtint *enpons nr.e lnt'1t1d'~ ln tb~ ban~un-trPc whlt!h 't>crson$ under 18 Ycnrs 6t ,l\~c · wm bC I>rohtblteci ·rrom 'rii~l\"lbg· In ·int<'rktnt<' or fQr~lgn coimn'er<'e. "Iii ndtJU;!oii, the <leflnttton J(eyiJ ln with ' tlie proposed requtremPht thnt sltlppers·ot J}ft<!knges containing hn.'ndguns·mn\it glte tb~ ·rommou ·<'n'rrler notice of the· <>on~enhfof such pn<!kitges''WMre ·shipped' to nuy·periJOn other thnh R licensed d~oler Ot R licensed n\1\riufac!t\irer, . ' . . .

The defln(tlon of ·~banclgun., Includes 1iUstOIII and revol\'era· ·as well ns gfl(lgct: type weapons snch 'ns 'J18shUght, ~n,·:~nli, or palm pistols." · . . - ·

... (~)- Th~ term 'riu\nutnctuh"t' menna ·nny person eng/aged' In ' tho mnuufn<'tnre oi''tm}')ortatlon· of tlrertnns foJ'! :purposes of sale··or dfstrlb\\tlon; nnd ·the term '1lcensec1 manufacturer' me-nns any such person Ucense(l urtd{,r tho· prm•IRions otthls Act .. (llnesll>-10, p. 2, ot the btU). . ' : . This deftnltl~m aubstal\tlally cpn(q,rms wltb the preJWp~ dE>1lnttlon o( tb\s term. ~Iowevcr, It eUmlnatea those pcrsoria who mnnutacttire or imp'o-:~-· ~mmu'~ltlou, cnrtrhlge rnsea, primers, .bullets, qr,Jl~Opellant . powder, tr~m. lts CO\'ernJ.te. The OJUlsslQn ,of monufa-:tur~rl' and ~lmP.brtera of such . nrtl<!lcis . froin. th~- deni)~tlon lsprovo.IJOO slnco't\tnJ,nllnltlnti wlh OO.'~ltinlnated'from th~ c:overnli~ pttbo act.

At the present time, f!ectlon 1(1)' ot't1ie net (llS u:e.Q, QOl,('l)) .. d~fln"~ "'lm• m,un,tlon~! (IB ,pl!}tol _q.n(t re-yol'yer ... J!lt"u~l\lon. . Sll!lt~ih :f).i~ll~~ ll\etnl'~(' = ' ·

nttlou sutC:nble fol' use onJy·tn rlftes and .22 c~U~r~, p,ul, ~!nmr.~ ,a"t~~llll :

0223

0223

89TH CoNGRESS BdSeasicm } SENATE

Calendar No. 1835 { REPORT

No. 1866

FEDERAL FIREARMS AMEND1\1ENTS OF 1966

OcTOBER 10, 1966.-0rdered to bo printed

Mr. HRUSKA, from the Committee on the Judiciary, submitted the following ·

REPORT togethei' with

INDIVIDUAIJ VIEWS

[To nccompo.ny S. 3767)

'l'he Committee on the Judiciary, to which was referred the bill (S. 3767) to amend the Federal Firearms Act, having considered the same, re~orts favorably thereon, without amendment, nnd recommends that the bill do pnss.

PuRPOSE

'rhe ptu•pose of the proposed legislation is to nmend exist-ing Ji"'ed_eral firearms control law to-

(1) regulate more effect-ively interstate commerce in firenrmH so ns to re.luce the likelihood that they fall into t-he hands of t.hc lawless or those who might misuse t.hem; ·

(2) nssist the States and their political subdivisions to enforce their firearms control laws and ordinances;

(3) help combat the skr,rocketing increase in t-he incidence of l:lerious crime in the Umted States.

It· is not tho purpose of t.his bill to interfere with the legitimate uses of firearms by t.he millions of law-abiding citizens who acquire, transport nnd possess t.hem for hunting and other re<.~reationnl pursnits, Relf-protoct.ion, nnd othm· lawful purposes.

MAJon PnovrsiONS oF S. 3767

1. No carrie1· in interstate or foreign_ commerce mu .. y deliver nny lumdg!:_In to n.ny person under 21 yen.rs or age.

2. No manu}acturer or dealer may ·ship any handgun in interstate or for~ign commerce to any person, except a licensed manufacturer or dealer, unless that person submits to the shipper a sworn statement that be 6~~1

0224

0224

FEDERAL FIREARMS AMENDMENTS OF 1966 13

B. Jt'EDERAL lt'IREARMS ACT Olo' 1938, AS AMENDEI>

(a) R~quiro~ the licensing of mn.nufn.cture~ and importers of, n.nd den.lerH in, firearmH, tunnnmition 1md components thereof l

(b) Provid~ <:ertnin re~t-rict.ion~ on the movement of firen.rms nnd nrnmunition in interstate or foreign commerce;

(c) Prohibit.'i <~<mvicted felons, personli under indictment, and fugitives from jnl-4tice from Khipping, trnnsport.ing, or receiving fireu.rms m· ammunition in interstu.te or foreign commerce;

(d) Prohibits the shipment., iransport.ntion, or rec~ipt of stolen firearms or t\mmunition , or firenrms from which the l'lerinlnumber hns been removed, obliterntcd or nltcred.

C. MAILING OF CONCEALABLE FIREARMS (18 U.S.C. 1716)

(a) Prohibits the mailing of concealable firearms (i.e., handguns) except to officerR of t.he Active or Reserve Forces; to lu.\\'·enforcement officers whose duty is to serve wnrrtmhl df 1\rrest or commitment, to employees of the p01~tnl service; n.nd to watchmen engaged in gunrding uny Government property;

(b) Permits t.be mniling of concealable firearmH to or between firearms manufacturers and dealers.

1>. WEAPONS ABOARD AIRCRAFT (49 U.S.C. 1472(1))

(a) Prohibits the carrying on or nbout t.he person while abonrd tm aircraft engnged in nir t.rnnsportation of u. < ~oncealed dendly or du..ngerous weapon;

(b) Permits the carrying of such weapon t\board such nircraft by any law.anforcement. officer authorized to carry- arms, or by any perHon authorized by regulations issued by the Admmistrator of the }i'cdcrnl Aviation Agency. ·

E. MUTUAL SECURITY ACT OF 1964 (22 U.H.C. 1934)

(a) Gives u.ut.hority to t.ho President to control t.ltc export n.nd import of arms, ammunition, implements of wn.r, nnd technical dnta related thereto.

(b) Req~ires nll persons engaging . in these trnnsnct.ions to register with the U.S. Government, pay registration fees, n.nd Hecurc import, licenses for all such materials imported into thi:-t country.

SEcTIONAL ANAJ.Ystli oF ·r.t•~ PaovrswNs oto' :->. a767

HEC'riON 1

~ection I of S. :J767 amends sec•tion 1 of t.h e J~'edeml Firen.t·ms A(•t (52 Htl\t. 1250) by reMtating u.nd <·lnrifying exiMtin~ definition:i t•on· tuined in the n.<'f, n.nd nddinr, severttl new definitions.

'}'he definition of 11pen1011 1 'iH HJU'hnnged. '('he termli 11interstute 01' foreign <~tmnner<•e," "firenrm," "nmnuftwturer," "denier," and "fugitive ft·om justi<•e," }ul\·e been restnled nnd <'lnrified. 'l'he term ,.ammunition" has been deJ~ted. The terms "Sto.te," "pawnbroker," "secretary,'' "crime of vjolence," and "indictment" are new.

0225

0225

14 FEDERAL FIREARMS AMENDMENTS OF 1966

Paragraph (1) The definition of t.he tenn "person" in paragraph (1) of the bill is

unclumged from t.he exiRting l~w (15 U.S.C. 901 (1)). Paragraph (2)

Pnragraph (2) of section 1 of the bill adds a new definition "State" to ~implify and clarify ln.t.er provi~:~ions of the bill and the existing law. Tho Canal Zone is included in the definition. Previously it was excluded. Also included are the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and American Samou., the principal Commonwealth and possessions of the United States. Paragraph (9)

Parngraph (:J} restates the existing definition of "interstate or foreign commeree" (15 U.S.C . 901 (2)) . However, language has been removed thn.t has been defined in paragraph (2) above. Paragraph (4}

Pt\rngraph (4) re~tates the definition of " firearm" and revises it to exclude from the lLct antique fireurms made in 1898 or earlier. Also mufflers tLn<l Hilencers for fireo.rmM arc removed from t.he definition.

The year 1898 wns selected as tho ucutoff" date on the basis of te:-~timony presented to Congress by sovertt.l gun collectors organizatiom~ tLnd to be t!onsistent with the reguln.tion:-~ on importation of firctt.rrns issued by the Department of State pursuant to section 414 of the Muttml Security Act of 1954.

M ufllcrs and silencers for firett.rmH n.ro excluded from coverage since these items u.re included presently in the National Firearms Act (Uh. 53 of the Internal Revenue Code of 1954). This act provides for heaa.vy t.rnnsfer ttl.xes and registrnt.ion of all such items.

Also exducled from t.he present definition of the term l'fireu.rm" is 11n.ny part or p,nrt~" uf n. firearm . Experie11<~e in the administration of t.hc .Ic,edero.l I• iren.rm~ A<~t has indicated thn.t it is irnpraetical to treat each small part u.s if it were u. firearm. The revised definition subs titutes the words " frame or receiver" for the words "any par t or part.q,''

Added to t.he t.erm "firennn" are weapons which "may be readily converted to" a fireann. The purpose of this addition 1s to include specifically amy Htu.rter gun de~ugncd for use with blank ammunition which will or which may be readily <~onverted to OXJ?el a projectile or

l>rojectiles by tho action of an explosive. Such so-<~alled starter pistols 1avo been found to ben matter of serious concern to lo.w enforcement

officers. Paragraph (6)

The defmition of the t.em1 "hnndgun" in paragraph (5) is o. new provision. 'l'his definition is necessary because of later provisions of tho bill which ho.ve application solely to tbe~e firearms. There is no intentio11 that handguns be exempted from any of the other provision of t.he bill since a handgun is a fireann within the meaning of paragraph (4) above. .

The tenn include.'i "pistols/' "revolvers, and "any other weapons originall~ designed to oe firea by the use of a single hand" which are made to be fired by the use of a single hand and which are designed to fire or aro capable of firing fixed cartridge ammunition.

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§{101 'ITIU: 15.-COMMERCE AND TRADE Page 1238

Raleigh County, all mines on lhe Coal River branch of the Chesapeake and Ohio Railroad and north thereof.

Nicholas County, that part south or and not served by the Baltimore and Ohio Railroad.

Wyoming county, that portion served by Gilbert branch of the VIrginian Railway lying west or the mouth of Skin Fork of Guyandot River.

The following counties In VIrginia: Dickinson, Lee, RUilsell, Scott, Wise.

All of Buchanan County, except that portion on the hradwaters or Dismal Creek, east of Lynn Camp Creek <tributary of DUimal Creek> and that portion served by the Richlands-Jewell Ridge branch of the Norfolk and Western Railroad.

Tazewell County, except portions served by the Dry Fork branch of Norfolk and Western Railroad and branch from Bluestone Junction to Boissevain of Norfolk and Western Railroad and RichlandsJewell Ridge branch of the Norfolk and Western Railroad.

The following counties In Kentucky: Bell, Boyd, Brrnthltt, Carter, Clay, Elliott, Floyd, Greenup, Harlan, Jackson, Johnson, Knott, Knox, Laurel, Lawrence, Lee, Leslie, Letcher, McCreary, ¥agoffin, Mnttln, Morgan, Owsley, PerrY, Pike, Rockcastle, Wayne, Whitley.

The following counties In Tennessee: Ander:lOn, Campbell, Claiborne, Cumberland, Fentress, Morgan, Overton, Roane, Scott.

The following counties in North' Carolina: Lee, Chatham, Moore.

WEST KENTUCKY District 9. The following counties in Kentucky:

Du! lr'r, Christian, Crittenden, Davless, Hancock, Hendcrsun, E.'nklns, Logan, McLean, Muhlenberg, Ohio, Simpson, 'Lt!t:. Union, Warren, Webster.

:!.LINOIS

District 10. All coal-producing counties In Dllnois.

INDIANA District 11. All coal-producing counties in Indi-

ann.. IOWA

District. 12. All coal-producing counties In Iowa.

SOUTHEASTERN

District 13. All coal-producing counties in Alabama.

The following counties in Georgia: Dade, Walker. The following counties In Tennessee: Marlon,

GrundY, Hamilton, Bledsoe, Sequatchie, White, Van Buren, Warren, McMinn, Rhea.

ARKANSAS-OKLAHOMA

District 14. The following counties In Arkansas: All counties in the State.

The following counties in Oklahoma: Haskell, Le Flore, Sequoynh.

SOUTHWESTERN

District 15. All coal-producing counties In Kansas. All coal-producing counties in Texas. All coniproducing counties in Missouri.

The following counties in Oklahoma: Coal, Craig, Latimer, Muskogee, Okmulgee, Pittsburg, Rogers, Tulsa, Wagoner.

NORTHERN COLORADO

District 16. The following counties in Colorado: Adams, Arapahoe, Boulder, Douglas, Elbert, El Paso, Jackson, Jefferson, Larimer, Weld.

SOUTHERN COLORADO

District 17. The following counties in Colorado: All counties not included in northern Colorado district.

The following counties in New Mexico: All coalproducing counties In the State of New Mexico, except those Included in the New Mexico district.

NEW MEXICO

District 18. The following counties in New Mexico: Grant, Lincoln, McKinley, Rio Arriba, Sandoval, San Juan, San Miguel, Santa Fe, Socorro.

The following counties In Arizona: Pinal, NavaJo, Graham, Apache, Coconino.

All coal-producing counties in California.

WYOMING

District 19. All coal-producing counties in WYOming.

The following counties in Idaho: Fremont, Jefferson, Madison, Teton, Bonneville, Bingham, Bannock, Power, Caribou, Oneida, Franklin, Bear Lake.

UTAH

District 20. All coal-producing counties in Utah.

NORTH DAKOTA-SOUTH DAKOTA

District 21. All coal-producing counties In North Dakota. All coal-producing counties In South Dakota.

MONTANA

District 22. All coal-producing counties ln Mon-tuna.

WASHINGTON

District 23. All coni-producing counties in Washington. All coal-producing counties in Oregon.

The Territory of Alaska.

Chapter lB.-INTERSTATE TRANSPORTATION OF FIREARMS

Sec. 001. Definitions. 002. Trnnsportlng, shipping, or receiving firearms or am

munition In lnterstnte or foreign commerce: nets prohibited.

003. License to transport, ship, or receive ftrcnrms or am· munition.

004. Excepted persons. 005. Pennltles. 000. EIJectlve date of chnptcr. 907. Rules nnd regulntlons. 908. Sepnrablllty clause. 009. Short title.

§ 901. Definitions. A'l used In this chapter-(1) The term "person" Includes an individual,

partnership, association, or corporation. (2) The term "Interstate or foreign commerce"

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TITLE 15.-COMMERCE AND TRADE 1903

means commerce between any State, Territory, or possession <Including the Philippine Islnnds but not Including the Canal Zone>, or the District of Columbia, and any place outside thereof; or between points within the same State, Territory, or possession <Including the Phillpplne Islands but not including the Canal Zone>, or the District of Columbia, but through any place outside thereof; or wlth.ln any Territory or possession or the District of Columbia.

(3) The term "firearm" means any weapon, by whatever name known, which is designed to exp~l a projectile or projectiles by the action of an explosive and a firearm muffler or firearm silencer, or any part or parts of such weapon.

<4> The term "manufacturer" means any person engaged In the manufacture or Importation of firearms, or ammunition or cartridge cases, primers, bullets, or propellent powder for purposes of sale or distribution; and the term "licensed manufacturer" means any such person Uccnsed under the provisions of this chapter.

(5) The term "dealer" means any person engaged In the business of sclllng firearms or ammunition or cartridge cases, primers, bullets or propellent powder, at wholesale or retail, or any person engaged In the business of repairing such firearms or of manufacturing or fitting special barrels, stocks, trigger mechanisms, or breach 1 mechanisms to firearms, and the term "Ucenscd dealer" means any such person llcensed under tho provisions of this chapter.

<O> The term "crime of violence" means murder, manslaughter, rape, mayhem, kidnaping, burglary, housebreaking; assault with Intent to kill, commit rape, or rob; assault with a dangerous weapon, or assault with Intent to commit any offense punishable by imprisonment for more than one year.

<7> The term "fugitive from justice" means any person who has fled from any State, TerritorY, the District of Columbia, or possession of the United States to avoid prosecution for a crime of violence or to avoid giving testimony in any criminal proceeding,

(8) The term "ammunition" shall include only pistol or revolver ammunition. It shalt not include shotgun shells, metalllc ammunition suitable for use only In rifles, or any .22 caliber rlmflro ammunition. <June 30, 1938, ch. 850, § 1, 52 Stat, 1250; Aug. 6, 1939, ch. 500, 53 Stat. 1222.>

1 So In original. Probably should read "breech."

CROSS REFERENCE

National Firearms Act, see note to section 009 of this title.

§ 902. Transporting, shipping, or receiving firearms or ammunition in interstate or foreign commerce; acts prohibited.

<a> It shall be unlawful for any manufacturer or dealer, except a manufacturer or dealer having a llccnse issued under the provisions of this chapter, to transport. ship, or receive any firearm or ammunition In interstate or foreign commerce.

(b) It shall be unlawful for any person to receive any firearm or ammunition transported or shipped 1n interstate or foreign conunerce in violation of subdivision <a> of this section, knowing or having reasonable cause to belleve such firearms or ammu-

!!O~(J::iS'-11-vol. 1--82

nJtion to have been transported or shipped ln viola· tion of su dlvl.slon Ca> of this section.

<c> It shall bo untawtul.for any licensed manu· facturer or dealer to transport or ship any nrearm In Interstate or foreign commerce to any P<lrson other than a licensed manufacturer or dealer In any State the laws of \'rhlch require that a license be obtained for the purchase of such firearm, unless liUch license Is exhibited to such manufacturer or dealer by the prospective purchaser.

<d> It shall be unlawful for (lny person to ship, transport, or cause to be shipped or transported In Interstate or foreign commerce any firearm or ammunition to any person lmowlna or having reasonable cause to believe that such person Is under indictment or has been convicted In any court of U1e United States, the several states, Territories, possc~l· slons (Including the Ph1Uppine Islands>, or the District of Columbia of a crime of violence or is 11 !ugutlve 1 from justllle. '

<e> It shall be unlawful fpr any person who lu under indictment or who has been convicted of a crime of violence or who Is a fugutive 1 from justice to ship, transport, or cause to bo shipped or transported In interstate or foreign commerce any tlrtlarm or ammunition.

(f) It shall be unlawful for any person who has been convicted of a crime of violence or Is a fugutlve 1

from justice to receive any firearm or ammunition which has been shipped or trnnsported in interstate or foreign conunorcc, and the possession of a flrelU'm or ammunition by any such person shl\.11 be presumptive evidence that :;uch firearm or ammunition was shipped or transported or received, as the case may be, by such person in violation of this chapter.

(g) It shall be unlawful for any person to transport or ship or cause to be transported or ship1J€d in interstate or foreign commerce any stolen firearm or ammunition, knowing, or having reasonable cause to believe, same to have been stolen.

<h> It shall be unlawful for any person to receive, concel\.1, store, barter, sell, or disptJse of any firearm or ammunition or to pledge or accept as security !or a lonn any firearm or ammunition moving In or which Is a part of lnter:;tate or foreign commerce, and which while so moving or constituting such part hn.s been stolen, knowing, or having rellSOnable cause to belleve the same to have been stolen.

(1) It shall be unlawful for any person to transport, ship, or knowingly receive In interstate or foreign commerce any firearm from which the manufacturer's serial number has been removed, obllterated, or altered, and the possessll)n of any such firearm shall be presumptive evidence that such flreIU'Ill was transported, shipped, or l'ecelved, ns the case may be, by the possessor In violation of this chapter. (June 30, 1938, ch. 850, § 2, 52 St.at, 1250.>

1 SO In original. Probnbly should read "fugitive",

CROSS REFERENCE

Nntlonal Flrenrms Act, see note to scctlc.n 909 of this title.

§ 903. License to transport, ship, or receive firearms or ammunition.

<a> Any manufacturer or dealer desiring a llcense to transport, ship, or receive firearms or ammunJtlon

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SM DEI'ARTMEN'r QF "HE \'REASURY

-... INTERNA& REVENUE SERVICE

.... In r,:

DETERttJNING Tlm SU!TABif.iTY OF ~SED RMULATfP~ TO ~MPLEMENT RECENTLY ENACTED tEG~~ION CiNCEftNED Wl'l'H FEDERAL REGTitAT:iON OF CQMMERCE JN :FtREARMS AND· AMMUNiTION

AuditoMum Freer ,..._ry '12!lt S'tr!!et ~nd "-'fte:t'son Drive Wa~ng1on~ D. c. Thurs4iay, November 21• 1968

~he above-ent.~ed ma•ter came on for hea~ing.

J)Ursuan• to nQtii&·, a.t 9tl0 o•el~k a.ll.

BEFGREt

M. HARIJ.D A, SERR (P.resadj.ng., D-e\o~• A!collol. and Ta\M.:<t T~ D:\vis1on ·

MR. JOHN _McCARRENt_Assis~-.t D1fta\Q#, Aleohol and TebaccQ Tax ~gal DivteiQn · .

MR. CHARJi;;S HUMP~'l'ONE, Dep~\0¥ Special Assistd to the Searetal ... Y for law Enfo:t'lcenien\, 'reasury Depar-errtent ·

MBo THURMOOD SHAW- Jhief, Tech.n1cal Branc~. Alcohol and Tobac~o Tax Legal Division

MR, CE4:t:t WOLFE• 'llti&f 1 ~p&l'ations Coordination Section, Alcohol ana Tobacco Tax Enforcement Branah

MR. DONALD CHADSEY, Operations Coordination Section, Al~olio:. and Tobacco Tax Enforcement Branch

0229

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elm

. I

MORNIN~ SES~IOO

STATEMENT OF:

Robert c. Zimmer, Sporting Arms and Ammunition Manufacturer's

· Institute

Kenneth C. Cole, Illinois Retail Merchants Association

Frank C. Daniel, National Rifle Association of America

William E. ·Roll ow, National Skeet Union Association

Charles Dickey, National Shooting Sports Foundation, Inc.

Paul Wagner, Eastern Gun and Supply Company, Inc.

Arthur Cooke, Whole Distributors of Firearms and Ammunition and Related Supplies

\

Hugh Me Kinley, Amateur Trapshooting Association of America

Leon C. Jackson, United Sportsmen of America; the Texas Gun Collectors Association; the Ark-La-Tex Gun Collectors Association

Paul L. Shumaker, Ohio Gun Collectors Association, Michigan Gun Club Association, and American Society of

2

PAGE

12

41

43

50

52

63

67

72

76

Arms Collectors 83

0230

0230


/ . .

...• -.

STATEMENT OF:

Walter Marvin, Jr.~ . .

T~nship ot Middleton, state ~t aew Jereey

William carter, 08rtel' Gun WoPka 1 Charlottesville, V1rg1n1a .

William B. Mwal'Oe, Benet Arms Oompa11J, Waynesbwo, V1rg1n1a

Mio.bael Parkel', Bsq.-, Washington, D.c.

• Charles s•een, .

Sal'co, Inc., St1~11ng, New'Jarsey • Simon .Atla'S, • ·

·a Washington, • D.C.

Kevin o. Adams,

' -Kevin Inc • D/B/A", Kittet"y Tra-ding Route 1, Kittery, Maine

EXHIBITS • ........... - ...... -.,.,-

EXHIBIT NO: : MARKED .. 1 6

2 12

3 ~ •

4 44

5-a, b and c 95 •

6 thru 10 14-'l

11 thru 15 144

16 thru 20 145

21 thnu 24 146

25 147

• .

•

•

Ptiet, ..

RECEIVED

6

12

40

44

95

143

144

145

146

147

PAGE -95

101

loS

119

• 125

136

139

0231

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23

in the manner required by section 178.44 ot this

part. An applicant for a three•year license shall '

submit with his application the requitted annUal tee

fdr all three years and no portion or suQh remittan~ . shall be. refundable."

We are aaying here the-n that it' you have reputable

licensees who have. been 11eensed tor at least three yt&ars in . .

tha past, you give them the option or ao.qu1r1ng a thre•·:v-ea:r . .

~ioena•, and tpey prov1cl8 fqr a ntallUfa~tu:ter, distrib\ltQr,

a ,Qopy or that l1cens~~ ancl tor th~ next three yt::ar~ he

·lf Y"U fi:nd SOm6thiQg wrong, < '· :.

YQil have rf"lson to suGpec.t that thar~ i~ something w.reng, you • ~ • • v. • '* : •. .. . . • . .

~an re9uir~ a.t ttl!! end of that f:it'Cit yea, ~hat ~ submit a '• • l

Fo~m 1, and at the end af two years he $ubmit a Form 1.

T~rning now to id~nt~fi~ation 9f firearms, ~action . . . . ~ '

.92 of th& proposed regulat1cn. Fiv~ classea or ~nformation • ara Tequir~d to be placed upon a fil'eal'm frame OF receiver.

We think that in essence be~ause of the use gf. in4er~hangeable . . ~

b41rt'eJs and b~cat..V3e of the ~iz~ or &olll$ .receivtrs, 1t is • . . . .

Just too small to include all.the information required.

T~e proposed reg\llatiol'\& a~ould b• amended t.o_ require

that thEl .. seria·f nu.mber be pUlQ&d .on the frame o:r :re~eiver,.

and tna~ the ·ea~iber .or gauge be placed on the barrel or the

r~ceiver at the option of th.e manuractur•r. And th$ location

of. the other required information should be left to the option

0232

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39

133 ~ .

and that is if a corporation and individual is bGth engaged in

importing and manufaoture are they required to obtain separate

licenses or is one license good for both?

MR. WOLFE: Separate licenses.

MR. STEEN: Separate l~censes, I sea.

In 178.11, I would like to commend you on a very clear

definition of a primary receiver~ somet~ing we didn•t have before,

but one question does ~ome tQ my mind. With the definition of a

receiver th9re are some cases of used firearms presently in exis-

tence where the number may have been placed on that parti~ular

firearm on other than the frame ~r receiver, and if you are

selling a. f'rame or receiver by this definition par chance it may

not have a number on it. The ques~ion might arise as to how to

handle this situation. We are ba~icall¥ in the pai'ts business

and we sell these separate components.

MR. SHAW: Th~ identifieat1on requi~emente go only to

firearms manufactured or imported after the effective date or the

Act.

MR. STEEN: I see. Up to this point we would use the

old definition then. I see.

1 would ·.also like to commend the committee on the

requirement of ele~ance to sameone who is rafused a license,

something which in many situations hasn't happened 1n the past,

and if someone is refused a license he should know exactly where

he stands.

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53

147 (The described statement was

marked Exhibit Mo. 25 and

received.)

MR. SERR: I think that completes our hearing, and I

want to ~hank all yoti gentlemen for appearing and helping in

Jihis work.

!{'hartk YQU-

(Thereu.pon, st 3: 10 o •clock, p.m., the hearj_ng in the

above-entitl&d matter was cancludeo.f

0234

0234


,";"'"",_.,~· '• j •• ., • • 11 ,.., 0 ·, - , o I,,- 1 .. ,,; ... ,.~'1 If • . I

'PROPOSED:SRULE~MAKING: '~/.. .. . :~:-;.·--~.:~ ~..; ~·~~. ~~i",· ·: ·~·~ .... ' . .• "

•. -£ 14 .CFR .. Part~7J. Ji~;:t.r&;i<r~J::'; '\:.-This atnendment b proposed under the (Alrapace DOcket No;·~0f:~J.s/IS;· authority of § 307<a> of the FederoJ

· . . ..•.... •1'·""''"" •'-'-,.-..;r.,·rr: Aviation Act of 1958 <49 u.s.c. 1348>. . TRANS IliON AR.E4; -:~·,,.·Ih.n·$ :· ·· '·rssued at Kansas City Mo on ocwbcr

Proposed DestgnoilonJ,;rm:x·.·~ 15,1sas. ··• -'' · 14 , •• '•·. ~;- • .- ... J1!:1.,11:: , .. t;;

Tho Fedeml·Aviatton Adm.lnlstratfon fs considering amending Part:'Il•ot.:tht(/ _.. · · · Federal Avfa.tlon Regulations: so U:•to · (P.R. Doc. designate a transition areo.-at.:Fteeport,t ru. ··r .. i. ~:)._: .. ~}-;t.•J·.r\.~(,,t/.

t:owARD c. MARsH, .• Dlrector, Central R.Qolon.

68-13403; Flied, Nof. 6, 1000: B:45n.m.)

Interested persons ma:v·;ilattlc~pa.t&:.lit the proposed rule anaklng- bY' 8Ubm.lttlngo · [ 14 CFR Part 71,1 .. liUCh written dP.ta, vlews."·or:·~rauments (AJrapace Docket No.llB-CE-941 · as they :~nay desire •. CommunJeatlons flhould be submitted 1n tripllcato''to-th& 1RANSITION AREA Director, Central Re~don,·:>'Attentlon: p _. D 1 • · Chief, Air Trame Division, ·Federal 'Avt•:. . . roposew es gnatton atton AdmJnlstration, Federal ;BuDding,: Tho 'Fcdera.l Avlo.tlon Administration 601 East 12th Street, Kansa.s City,;Mo. · ls c:onaldcrlng amending Part '11 o.t t.he 64106. All communications; .'•recalved '- Fcdaral Aviation Regulations 'so as to wlthln. 45 da.ys after publloatJon of ·this' . ~esfgnata a transition area at Morris, notice In the FED!:R.U. REGIS~- '\lilll'·be. Minn. . · . .. consldered befom aetfon 1.!!1 takm ·on tho'.. . Interested persons may partle1pate In proposed amendment. No pub]jc hearfng: the proposed role making by 6Ubmlt'ting is contemplated at this tfme,'-"·but-'ar-· such written do.ta., views, or p.rgwnents rangements lor informal : con!erenl!es·· as they may desire. Commun!catlona with Federal AvJat!on Admtnl.stratlon'of.... should be submitted ln trlplicate to the :ficlals may be made by eontacttna the. Director, central Region, ,Attentlon: Regional Atr Trame Dlvtsfon Chief. :•t-')~~. ' Chief, Air Trame Division. Federal A via-

Any do.tG, views, or atgmnents pre··~ t1on Administration, Federal BuUcUng. sented durin.;· such c:onterencea .must; 601 ·East 12th Street, Kansu City, Mo. also bo ~>UbD'Jtted In wrlttng 1n accord-~ 64106. AU communlcat:ton4 .recelvcd once wtth thla notice In order to beeom!t' · wlttUn. 45 daya attez: publ:fcatlon ·or this part of the record for consideration~ The. notice 1n the FEDERAr. REozsua wlll be proposal er.ntafned In thfs notice 'mntlle' cons1dered bel oro action ls taken on the changed In the Ugbt of. c:omtnents re• proposed amendment. No pubUc hearinr celved. _: :Y. ·,:.:.._.,. •,:!, :lw · · 1S eontemllla.ted at thJs time, but arrange.

A publlc docket wm be avs.llable for·· menta for Informal conference.! with examination by interested .per!'!omr· m: Federn.l Avtatlon Ad.mlnistratfon officials the omce o! the Regional Counsel, Fed•J. tnny be made by contacting the Regional eral Aviation AdtninlstrotJon.·;:Federal··. Air Trame Dlvfs1on Chlet. . . · .Bulldlng, 601 East 12th .Street,' Xw:usa.s · Any data, views. or arguments pre· Cit;y, Mo. 6UOIJ. . . . . • ;-: ·. ·~I;·,'' : ... · eented during nuch cont'erences must also

A new. publlc use wtrUm.e:i{i8ppro~eh:: be aubmltted 1n writing in .accordance :proccciure hrus been developed"lor tho·: w!th ~h.J$ notlce In order to become part AJbcrtU! Airport; Freeport • m•·· utlll!1n~· ot thll record for consideration. The pro· a cityRowned l'adlobeaco'n • ~· a·: ziavl~.~ · posa.I contained In thla notice may be gatlonal ald. Conscquen~b'. 'lt '!a :nec:ci~.' changed 1n the Ugbt . o~, comm~;nt.. sary to provide controlled atr®ace 'pro-· :received •. tectJon fQI:' . atrcra!t eJtccutlng .thfs new . ·A publlc docket wiD bo ovaUoble for npproach procedr:re by· designating'• a~ e:xQhllnatlon by Interested persona in tho transition area. at Freeport. m. 'l'b.e new . O!Jlce of the Regional Counsel, Federal procedure wlU become e11'ectlve concur- Avla.tlon Administration, Federal Build. rcmtly with the dcslsnatfon of the tra.nal• ln!f, 601 Enst 12th Street, Kansas ctty, tlon area. The Chlc:~.go Air Route Tramo Mo. B4106. _ . Control Center. thrCJugh the Rock!ord. · A new pubUc use instrument opproach Dl., Flight Service Statton, will control prot.:edure has been developed for tho IFR air tro.mc 1nto and out ot Albertu.s Morris, MJnncsota Muntcfm~ol Airport All1)ort. , · .. " .. · · utJlizlng a Sto.te-owned rndlo beacon n3

In consideration of the foregotn~ f.lie "' nn.vlgo.tlonnl ald. Consequently, ft 15 Federal AVIation Ad.lninJ.stratl"!' nro- n~eeBS'-!"Y to provide controlled nfrspn.ce POSe.'! to amend Part '11 ot the Federal })rotectlon !or o.lrcrnft cxccutlng thu new Aviation Reguln.tlons as hc::dnafter ae& . approach procedure by -designating o forth: trnns1Uon n.rea nt MorrJs, Minn. The ne\v

})rocedurc wUl become etrcctlvc concUJ·Jn § '71.181 <33 F.R. 213'7>,_ the ~ollow~ rently wlth the designation o! the transt.

lng t.rnnsltlon oren Is added: . tlon area.. The M1nncnpolls Air Route F&EEPOIIT. xU.. •. _. TroJilo Control Center, through the

Within n El·mUo rBdlua of Albortua AlJ'PQrt Alexnndrfn, Minn., Flight ServJeo Stn.(lo.tUudB 42"15'50'' N., longltude 0[)"31'110" tlon, wm controllFR nlr traffic Into nnd W.); ancl wttb.ln :1: mile• eaeb elc2e or tho out of Morris Municipal Airport. oo~· boarlD!f from Albortu. AirpOrt, extencl· In conslderatton or the foregoing, the 1ilg from tb~ 6-mllo ndlua area. to 6 mile• Fccleral AviaUon AdmlnlstmUon pronortlleut oftba nLrport. . · , poses to o.mo:1d Pnrt 'll of the Fcdero.l

16285

Aviation Regulatlons as herelnn.Ctcr !let !orth:

In I '11.181 <33 F.R. 2137), the following transition area is added;

Mon.n1s, MINN.

. Tho.t. tdropnco extending upward from 700 feet nbove the surtncc within a e-mile rndhls or Morrill Munlclpnl Airport (lntltude 46"34'0/j" N., long:Ltud~ 05'58'10" W.); nnd w1thln 2 mllcl! cncb. oldc or the 140' bearing from Morris Municipal Airport, e!ltendlng fi:'Om the o-mlle rndlus nren to B m!les soutllt~nst ot the nlrport; nod thnt nlrspace extending upward 1rom 1,200 feet nbovc the aurtnc:o within !i miles soutluvc:;t and 8 rnllca northen111: or the 140' bearing from Morris Municipal Airport, extending rrom tho airport to ~2 tnlles ~;outhcnst at the n!rport.

This amendment ts proposed under the nuthorlty o! § 307Ca.> of the Federal Avlo.tlon Act of 1958 (40 u.s.c. 1348).

Issued nt Kansas City, Mo., on October 14, 1968.

EDWARD C. MAilSU, Dlrcceor, Ccneral Rcaion.

[P.R. Doc-. tl8-l340f: Fll<!d, Nov. li, 1000; Ll:4So..m.J

DEPARTMENT OF THE TREASURY Internal Revenue Service

t 26 CFR Parts 177, 178 l

COMMERCE lN FIREARMS AND AMMUNITION

Notice of Proposed Rule Making

Notice Is hereby given thnt the regulntlons set torth lr& tentntlve form below

. ore pro:msed to be prescribed by the commlsstoner or Internnl Revenue, with tho approvol of the Secretary or the Trensucy or his dcleaate. Notice Js nlso given of a. public henrJng to be held at 9 a.m., e.s.t.

On November 21, 1!11iB, In tho Auditorium of the Freer Gallery of Art. 12th Street ancl Jefferson DrJve SW., WashIngton, D.C.. nt whlch tim& nnd place all Interested pnrttes wJll be nflordcd op~ portunlty to be heard, In person or by nuthorfzed rcnrcsentn.tlve, wlth refcre• .... .,to tho Proposed reguln.tl:ma. Written dutn, views, or nrgument:J relevant to the proposed rcgula.tlons mny be submitted, 1n duplicntc, !or incorporation into tbe record of hen.tlng (1) by mailing the same to the Director, Alcohol nnd To~ bacco Tax Dlvislon, Internal !«!venue Service, Washington, D.C. 20224, pro•tlded they nrc recclved prior t.o the ternlinnUon ol the hearing, or <2> by IJrl~.z;entlng the some nt said hcnrlng. Any written comments or sug~cstlons not spc. cillcally dcslrrnn.tcd ns confldentlnl In nccordnncc with 2G CPR GOI.GOl<IJ) mn.y be ln~pected by nny person upon writu•n request. Tlle proposed regulnllons n.rc to be Issued under the uutho:-lly conlnlnt·d 1n 18 U.S.C. 926 < 82 stnt. 122G l.

[SEAL] SuELnoN S. Co.H£!'1', ( ... 1)mmlssloncr ol TnlcrnalllcvcrJ llC •

... JtDElALniEGIStl:l. VOL. l3, NO. 217-WEDNESDAY, NOVEMDU 6, 1968 .

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.' . 'PROPOSED 'RULE MAKrNG.

·. · Iil order to bnplemen~~'tli~"provi.slons'' . SubpartE·-LicansePro_c .. dln;a ·

: of Title I, S~ate Fireai'Dl!l COntrol Assist· ~:·71 Dcr:Unl Cl.l l!.llAPPllCBilon !o; JlcC~o.se. 'ance <U..S.C., title 18, ·-chapter 44)1 of 178:7~ 1!e~~.rlng attor appllca.uon dental •. the Gun Cont.rol Act o! 1968 · (82 Btat. 17873 :rotlce of col!.templntetl revocation. 1213), e.nd Tl.tla VII, Unlawful Posses- 1'18:74 Rcqueat tor bearing after notice slon or Rccelpt of Flrea.rms CB3 Stat. ot contemplated rcvocntton. 236), or the Omnibus Crime Control and t'7!UII Heating P1tcr notice or revocntfon, Safe Btreeta Act of 19GB (82 Stat, 197), · 17.S.'T6 n.ccommcndc~. declalan of bearing as amended by Title m <lf the Oun Con- oumtno:r, trol Act of 1969 (82 Stat. l23E:>; tho fol- 173.17 CcrtlllCll.tl.ol\ nnd trnnsmlttl\.l ot lowin"' re"'ula.tlons aro hereby prescrlbed record and recommond.od dt>cl-

,. o alon to Dlrcct.or. as Part 178 of Title 26 or thB 'Code Of J'7B.78 Declslon of Director. Federal RegUlations: · ' .J·; • · - ··~,'. l'TB.70 Service o:1 nppllcant or Ucon.sl!!l,

Prea.rrLble. 1. These regUlations, 26 1'TB.SO Reproa~ntattj)c e.t a hetu'ing. CFR Pl\rt 176, "Commerce In F1reo.nru1 1'TB.B1 Dcelgnn~ pLace e;t heBrlng, and Ammun1t1on," .BUJJCroode· rcEIUla· 1'l'B.B:1 Oporatl.olU! bp' uceneoea After nct!ce.

· tlons 26 CFR Po.rt 177 11\SUect under the Subpr:ui F-Cond11d oflluslnen Federal Flrea.rms Act <U.S..C., Utlo 15,

1 ..

8.91 chapter 18), , -.·' '··· · ••. 1 P011tlng o~ llce~e. · .. ne 92 ldcntlncr~tLon ot ftrearme •

. 2. These resulattons Bhall not au.cct · :s.•re:lla Authorized oporD.tlona bp- a llce~mC':l e.ny act done or any llabiUty or right collector. accurlng, or OCCl"'oled, or any !SUit or pro- :l'l'B.Il-1. Bnlca or dellverles between Jlccc..scoo. cecdJng had or commenced before the l'T8.D!I ccrtt11ed copr or llccnee. effective date of the so rcsulo.tloll.! • .' l'TB.96 Out-or-e tate nad man ordeuu.loe.

3. These regulo.tlons ehll.tl be cfre<:t.lve 178.97 Loo.n or :rental of tlrea.rma. on and l\.ltcr December 16, 1966, ·176.118 Bales or de!lvcrl11a of deatructlv!!

devlcos and certn.ln ftrcBrmll, PART 178-COMMERCE IN FIRE.. l'l'a.oo C:orWn. Pro bIb 1t e c1 1111111$ or

dellverlcs. ARMS AND AMMUNITION l'Ta.IOO accord ot trE~neo.cttoc..s, ··.

Swbport A-lnPrud~crlon. S&c. 178.1 176.2

800~ of re~gulaUom. ··:· - • ', 178.111 :Relation to other provl!lona of la.w. • 176.11:1

l"t£tl1ll

Subpart G--lmpo•tcztlan Gene~t~l. ImpN~"tl"n by a llt.dDIIed Import(:'. ~p· ·'ltlon by otb~r llcanee-1.1.

Subpart B-Dall'nlllon• 178.1L Mesmlng of teriDI.

Subpa•l 1:-Adm!nlallatlve and Mhcellanaau1 · Pravldan1

178.2L :f'orma prescrlbll4. 1'18.2:3 Emergency varlatlotl.ll trC>m requlre•

rnents. ' 176.23 178.2t 178.25 178.28 1711.27 1711.211

Right or cmtrT ancl exnmtnntlr.n. Pltbl1ehed ordlnartc:ee. Dl.&ciOIIUre of Information, <Jurlo and relic d.l!termJnation., Deatructlvo dovlco doe-!:ermln&tlon. 'I'r.anaportatlon ot de.truotht de·

vlcea a. "ld certain t:lr~.uma. ;1'.'~.2g <Jut--at-State acqulaiUon ·•f lire-

arms by nonllcemeeJ, • 1711.30 Out-of-State dlllpoal~oL. o~,· ll.re&rmf.

by nonUcenaeet, 1'l6.3L Delivery by collllllOI:I. ..,. contract

ca.rrler. " . ' 178.32 l'~ol:llblted. ablpment. transport~·

tlon, or recelp' o.t dn!Brma ancl &mmunltlon bf cerl'.lLin peraona,

178.33 Stolen flreatm& anct. ·ammunition. 176.3t Removed, obllte.l'ate(ll. or Altered te•

17tl.4L 178.42 1'18.43 1'16.44 1'lD.41i 178.48 1711.47 178.48 1711.49 178.50 178.61 178.67 178.53 178.54: l'TB.55 l7a.lil)

1'79.57 l76.1l8

riB.! number,

Subpart D-llc•nn1 Clenernl. Llc~ns!l toea. Llcoe-n~~~ te11 not roe-ru11!tqble. ~lg1n"l llconae. :R~n~wnl of llccnee. Procedure by Dlatrlc:t Director. I&aiLBnce of llccc.n. Cor:octlon of error on llcoo.se, Durr.tlon ot llceme. Loc:lltl on 11 covered by llcetiJII!, t.lccn!lo not tranererabte. Change ot ll.lldreae. Change In trade name. Ch~~;c c! cr:nt.ro!~ CantlnuJng partnt.rahlpa. IURht of IIUC:Ces!!lD.I:I by ce;tnlc

persona, [ltei)Ontlnunnce of busl.aeu. Sl:at.e o: other lAW',

171' ';it

.a'rtl.n' 176.116

l'l'B.121 179.123 179.123

179.1~; 1'!'6.12~ l'TfJ.J'O;J 1'76.'1::17

1": ... "' l'l'u·H:a 1•15.143

179.144

178.145 1'T9.14G 1'7a.147 1'78.148

l':.!'l'!r &tBt.lOQ by me-.nber. Of tJoe \I ,;:I, '""' • ·.:..! A''Orcea.

• ·.1em:lt Ln,portl\tlon. OoddltlonollmportaUoc,

Subpod H-l~eordt

Cleneral, J'lecorda mnln talned by lmp•· .. ••Jrll. if.ecordl ma1ntnlne<1 by ~>Mnutnc•

turera, Flrenrlt\5 trananetlon record. Record o~ receipt ana cllspoeltlon. Furnlahlng traniRntlon lrlformlltlou, Dlacontlnuanee o1 buslnou.

Subpl:lrl 1-EI'•mptlanl

Genern!. Eitect or Pre&ldolntln.l pardon, IUlllet from dltabllltlca lncur:rer;t by

Indictment. Rolle! from dlsab1Ut1CII tncurrlld. by

conviction. lU/Iearcb. orsanlzl\tloD.J, Dellvarlel by mllill to certain peraona. Repo.lr ot ftr"'•nn. Ammunl1.1on toodtng tor peraon111

uae. ·

511bpCIII J-Penaltr11, SIIIUtU, and farf•lfll1•1 179.161 Fa lee atutement or repreaentatlon. 179.16~ Traruporta tlon or receipt to commit

a crime, 1711.163 C:ommlulon or a Federal crime, 176.161 Receipt, etc., or fireatma b:y ccrt...tn

pereons. 179.165 Receipt, otc,, or nrcnrma by certAin

emptoveea. t78.L66 Seizure nnd!orfelture.

Subpart K-E•porfollon 178.t7l Exportatloc.

AU'tHDnrrT: Tha provlelona ot tbla Part 1'7S l.&!luod under 82 Stat, 1213-1226, 18 u.s.o. Q:lt-028, 8~ Stat. :lJfl, aa amcmde(l, unlcll otberwlae noted,

Subpart A-Introduction

§ 178,1 Scope of regulut(ons, <a) In general. The regulo.tlons cort

te.lncd :In thls part relate to -comme:·ce tn firearms and ummunlt!on :md nt·c promutg11wd to implement Tltlc I, SLalc Firearms Control Assistance HB u.s.c. Chapter 44) I ot the Gun Conti'Ol Act at 1968 C82 Stat. 1213). and Title VII, Unla.wful E"osse.sslon or Rccclp~ of Firearms (82 Stat. 2313), of tllc Omnibus Ct'lmc Control and Safe Streets Act or 1968 <32 Sto.t, Um as amended by Title III of the Gun control Act ot 19GB W2 Stat. 1230).

(b) Procedural and substantive rcaulrcments. Tb.ls part contains the Pl'occduro.L n.nd substantive requirements rela.t1ve to:

(1) 'l'h~ tntc1·staw or :Corelgn commerce ln fit.-nrms and nmmunltlon;

(21 The iJ.censlng o:C manuto.cturer:;, importers, and collectors or. n.nd dealers 1n, firearms and nmmunlt.lon:

(3) The conduct o! buslncss of u. censces:

(4) The lmpol'tatlon of firearms an :3 ammun1tlon:

(61 The records nnd report-s rcqul!·cd o!llcensce·::

(6) Relief from dlsablUtlcs under thl.; part: and

<'lJ EKempt. lntersto.tc anll !ot·ctr.in conuner~;e In flr<)arms and ammunition.

(c) Federal Firearms Act licenses. Thl!! part tully apvlles to opemtlons by persons licensed undct· the Federal Firearms Act nnd Pnrt 1'17 or this chapter who are contlnt.i.ltlg their operations under such Uccn.se pursuant to section 007 or the Omnibus Cdmc Control and Safe Streets Ad at 1968 (82 Stat. 2:l5l. Any reference 1n thJs pnrt to "llcensc," "llccnsce," ucensed dealer," "licensed importer," "II· ccnsed manufncturcr," etc., shall o.pplll equally as· the case may be t.o licenses and persons licensed under the FcdcrCll Firearms Act who arc continuing opent.tlons pursuant to a license Issued under tho.t Act. § 178.2 R&:llllion to CJihcr a•ro'lllsions or

law. The provisions In this paJ·t nrc In ad

dition to, and arc nolln lieu of, any other provision o! la.w, or regulations, respectIng tramc Ju firearms or ammunition, For regulations applicable to trnmc In machine suns, destructive devices, and certain other firearms, see Part 179 of thls chapter. For statutes .nppllcablc to the reslstraUon and licensing of IJcrsons engaged In the business of monufncturlnr.r, lmpor~lng or exporting nt·ms, amnnmitlon, or implements of wn r. see section 414 of the Mutual Sec:urlly Act of l95<! (22 U.S.C. 1934>, and regulations thereunder, For statutes nppllcnblc to nonmalln.ble firearms, sec lB u.s.c. 1715 atH.I rcgulaUons thereunder,

Subpart B-Definitions § 176.11 11-ft•lmins o£ tcr111~.

Wben used In this port nnd In Corms prescribed under this pal't, where not

FEDERAL lEGISTEI. VOL. 33, NO, 217-WEDNESDAY, NOVEMBER 61 19611

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otherwise distinctly expreMed-or man!· !c,st.ly Incompatible wJth the Intent thereof, terms ehall hnve the· meanings' ascribed In this section, Wo1:ds ln the plural !onn &hallinclut!e the alngula.r. nnd.vlce versa, nnd words importing the nutscuUn~ gender shall include the. temlnlnc. The tenns ''includes" and "Jncludlng" do not eKelude other things not enumer:atcd whlcl\ o.re In the same ~eneral clnss or Bl'O otherwise within the scopa thereof.

Act. Chapter 44 or title 18 of the United Strttes Code. . .•

Ammunition. Ammunltlon or Cl\rta:ldge cnses, primers, bullets, or Pl'opellent powder dcslr:mcd for use ln any firearm.

Antique firearm. (J) Any firear:m Clncludlng any Oren.nn with a m(l.tchloek, ntntlock, percussion ca.p, or slmU!\r typo ot ignition system> manufactured· In or before l89B: o.nd (2) any rcpllcn ot any tlrearm described In U > of this defini- · tton II such replica. m is not designed or redesigned for using rlmfiro or conYentlonnl centcrftre fixed ammunition, or <ll) uses rJmftre or conventional centerfire ftxed ammunition which la no lonscr m~murnctured In thll) United States .and which l:s not readily avaUable 1n the or• dlnn.ry chnnnels o! eommerclal tmde.

Asst.Jtane R.catonal Com.musloner.. An Assistant Rcglonnl Commls&loner-, Alcohol and Tobacco Tax, Who Is responsible to, and !unctions under tho dlrecUon n.nd .supervision or. a Regional Comrntssloncr of Intcrnn.l Revenue. : , .~.

Buslnesa premlscJ. The property on which firearms or ammunition' import· lng, mnnufncturlng or dealJng b.uslneu 111 or will be conducted. A 1Jri'Vate dwelling, no part ot which Is open to the pub-_ Uc, sho.ll not be recognized as comln!l within the meaning o! the term; . . : ·:,

Collector. Any person who acquires, holds, or -disposes of tlrenrms or ammu~

·· nltlon as curios or relJcs. ' · -Commerce. Travel, trade;· traffic, com

mel'CO, transportation, or communication among the ·several Sto.~.es, or between the DistrJct ot ColumbJa and any State, or between any foreJgn country or any territory or possession and any State or the District of Columbia, or between points Jn the same State but through any· other State or the District o! Oolwnbia or a foreign country.

Commfssloner. The Coinmlssloner ot Internal Revenue.

Crime punishable bll fmprlstmment tor a term c:rceedtnu111ear. Any offense for which t.hc maximum penalty. whcthel' or. not Imposed, is capital punishment or Imprisonment 1n cxcesa of 1 year. The term shull not Include U) any Federal or State offenses pertnln1ng to antltrus~ vlolatlons, unfair trnde pracUccs. restraints of trade. or other slmUo.r offenses relating to the regulations of buslness prc.etlccs as ma.y be provided In thla part, or (2) any Stnte otrcme (other thnn one lnvol~Jng B flreo.rm or explosive) clasiiiiied by the laws at the State as a m2sd~r!!leanor nnd punishable by a term of Imprisonment of 2 yc.ariJ or less.

Curios or relics. Firearms or nmmunltlon which are or special Interest to col!'.!ctors by reason o! some quality other than Is ordlnarJly ~socla.ted with

· firearms Intended lor sporting v.se or o.s

_ ........ -... ,- .

.PROPOSED RULE .MAKING

oJl'enslve or derenslve weapons. To be recognized as curlos or rellcs, firearms nnd ammunition must !aU wlthln one ot the following categories:

<a> Firearms and ammunition which were manufactured nt least 50 ye11rs p1·1or to the cu1·rcnt date, but not includJng replicas thereof:

(b) Firearms and ammunition which arc certilled by the curator o! a munlcl• pal, Stn.tc, or Federal museum which exhibits firearms to be curlos or relics of mu.sewn tnterest: and

<c> Any other firearms or ammunition which derive a. eub.stantinl part or their monetary value from the tact that they nrc novel, rare. blznrre, or because of their assoclatlon wlth some historical figure, pel'lod, or event. Proof ol quaUflcntion of a pn.rttcula.r firearm or ltcm of ammunition unde rthls category mny be established by evidence o! present value and evidence thnt lt~ firearms or ammunltlon ate not avnllable except ns collector'a Items, or that the value of like 1lrearm.s or nmmunitlon available tn ordinary commercial channels LIS aubatan-tiaJJy less. ·- -

Customs o[JLcer. Any omcer o! tho Bureau o! Customs or any agent. or other porson authorized by lo.w or by the Secretary of the Treasury, or appointed In writing by a. District Director or CUstoms, to perform the duties of an officer of the Bureau ot Customs.

Date ol £mportation. The date of release of firearms or ammunition from Customs custody.

Dealer. AnY person engaged Jn the business ot selling firearms or onununttion at wholesale or l"etail; n.ny person engaged In the business of repairing firearms or oi maklng or nttlng special barrels, stockB, or trigger mechanisms to firearms; or any person who Ia o pawnbroker.

Destructtve device. (a) Any explosive, Incendiary, or paJson gas <1> bomb, (2) grenade, (3) rocket having a propellant cllnrgc of more than 4 ounces, (4) mlsello hnvlng an exploslve or Incendiary charge or more than one-quarter ounce, (5) mine, or (6) devlce similar to any of the dcvlces de5cdbed In the Pl'eceding c~.mses; (b) nny type or weapon (other than a shotsun or a .shotgun shell which the Dlrector finds 1s genernlly recognized as particularly suitable !or sporting purposesr by whatever name known which will, or which may be rendlly converl;ed to, expel o. proJectile by the actlon of nn explosive or other proJJellant, and which has nny barrel with a. bore of more than oneuhalf inch Jn dlnmctcr: and Cc> any combination or parts elther designed or Intended for usc 1n converting any device into nny destructive device described In <a> or (b) of this definition nnd f1·om which a. destruetlve device may be readily assembled. The term shall not Include nny device wh!ch Is ncUher designed nor rcdes1gned tor tt..'iC as o. weapon; any Jevicc, although origJnnlly designed !o1· usc ns a wellPOn, which ts redesigned for use as o. signaling, pyrotechnic, line throwing, safety, or s1mllo.r device: surplus Ol'dnance sold, loaned, or given by the Secretary of the Army pursuant to the provisions ot .section 4681

16237

(2), 4685, or 4680 of title 10, Unlttd States Code; or any other device which the Director ftnds Is not likely to be used as a wenpon, Is nn nntiquc, or is n rl11e which the owner intends to usc solely for sporting purposes.

Director. The Director. Alcollol and Tobacco TnK Division, Internal Revenue Service, TJ·cnsury Depnt·tment. Wnshinr:-ton, D.C. 20224. ·

Discharged u.mlcr disiumora!Jlc cOIHl:tions. Scparallon from the U.S. Arm<'d Forces resulting from a Bad Conduct Dls

·chargc OL' n D!shonot·nble Dl:>cll:ll'gc. District Director. A District Dircc\or

or lnternnl Revenue. Executed under l>Crwllics oj 1>Crjury.

Slsncd with the pn~.!icl"lbcd dcclnrntion Wldcr the J)f;lHillics or perjury as provided on or with respect to the return. fonn, or other doc;:ument or. where no fonn Of dcclaratlon ls PI'C.'>Cl'lbcd, Wlth tho declo.rntlon: "I declare t.:.ndcr the penaUlcs of perjury lhat thls-tinsert type or document, such as, statement, applicntton, request, ccrUtlcatc>, lnclud~ lng the documents submitted 1n support thereof', has been examined by me and, to the best or my knowledge and bcHcr, Is true," correct, and complete:•

Federal Fkcarms Act. Chapter 18 ot tttlo 15, United States Code, ns In effect on December 15. 196B.

Felo111J. Auy offense PtUlislu•ble by 1m~ pri.sonrnent lor o. term exceeding 1 year. The term shall not Jncl ude any otien.se <othCl' tllan one Involving a firearm or explosive l clnsslflcd ns a misdemeanor under the laws of n State and punishable by o. tcnn o! imprisonment ot .2 years or less.

.Flrcarm. Any weapon, including o. starter gun, which wHl or is designed to or may readily be convc,·tcd to cx(lf.'l a proJcctlle by the action of an explosive; the frame or receiver of any such weapon: any firearm mumc1· or firearm sHcncer; or any destructive de\·Sce: but the tcnn shall not include an a.nt.lque ftrcnnn. In the case or a. licensed collector, the term shall mean only curJos and relics.

Firearm. frame or receiver. That part of a. firearm which provide!! housing for the hammer, bolt or brcechlock nnd firing mecbanlsm, and whJch is usually threaded at its forwat·d portion to receive the barreL

Fu(lititJc /rom ju:;licc. Any Person who has. ftcd from any State to nvold l>rosecutlon Cor a c,·ltnc or to avol<l glvlrr.g testimony 1n any ct·tm!nnl PI'Occcding.

11npoTtatlon. The blinf:!lng or n. nrcarm or ammunlUon Into lhe United Stales; except that the bringing or n flrco.rm or ammunit.lon !rom outside the Unltcd States into a foreign-trade wne tor storage pending shipment to a toreign COUJl~I'Y or subsequent Importation Into th1s country, pm·swmt. to this pn rt. shall not be deemed lmporlnl.loll.

l71l1JOrtcr . .1\ny t>crson CllRn~;cd ln the buslnC.!iS of imporling or brlnsdnt; Orcn.rms or nmmunltlon Into lhc United States for purposes Q[ sale or dlstrlbuUon.

lnd1ctmc7lt. Includes 1111 lndlcLn\Cilt Ol' information In nny colll't under which a crlmo punlsbnbll' by lmpdsonmrm t for

. fEDE!tAL REGISTER, VOL. :33, NO. :Z17-WEDNI!SDAY, NOVEMBER 6, 1968

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a. tenn exceeding l Yc11r tnll.f be }'roseouted.

Internal Rcttenue Coae of l954. 'Title 26, United states Code. .

Internal rcoe:n-u.e ctlstr£ct. An lntemal 1·evenue district und~r the Jurisdiction of ~ Plstrlct. Director o! Internal Revenue.

Internal rcvcJtuc rcoton. An Internal r~vcnue region und~r the Jw1scUction of n. Regional Connnissloncr of tntcrnnl Revenue.

Inters~ ate or toreion. com uaerc e. Intlud~s cnmmcrcc between ILnlr' pla.ce 1n a. State nnd any ptncc outside of thtJ.t Stare, or within uny possession of the Vnltcd States (not including the Co.nml Zone) or il1e District of Coltnnbla, 'l'he term shall not include commerce between pln.ces wlthln the sante Sta.to b'ut throUgh any Pl!LCC OUtside of ih(l ~ Stllte ..

l..~censct:L coltcctor. A collt:ctor o! curios n.ncl rellcs onlY o.nd licctl!ied under the provisions of this part.

l..lccnscc£ daa~cr. A den.ter llceneed un· der the provls1ons of thlll part. nnd. a dealer lJecn.scd under the Federal Fireanne~ Act if flueh license I~ deemed vn11d under ~5ectlon 907 of PubUo LBW Go-351 C 82 StElt. 235) •

Lice713ccl ~mportcr. An Importer U· ecnscd under the provisions ot this part, n.nd a. mnnnfecturcr ens that tenn was dcflned In tbe Federal Firenmt5 Act) II· eensed Wlder the Federal Firon.rms Act It &uctt license 1s deemed vo.Lld under section 907 o! Publlc Law DG-351 CB2 Stat. 235).

Licensed mrmuJacturer. A manufacturer licensed under the pml/j:Jloll! or this part, and a manufacturer ( 115 thn.t term was c.!etlncd In the Federal Firearms Act> llcenscd under the Federal FJrenrms Ac~ It such Ucense 1s deemed valld under st.::tlo:l OO'l o! l?ubllc Lo.w 90-351 ( B2 Stnt. 235 >,

Mac1llue a·mt. Any weapon which shoots, is dcsl"ned to shoot. cr can be readilY restored to shoot, .automaUcallY more than one shot, wttnout manual reloading, by c. single :fwtctlon o:f tha trltr· ger. Tl1e term sh!UJ also Include the frame m• receiver ot nny such: wcn.J)<ln, any combJnatlon or pa1·ts deslgnad and intended ro r usc Ln converting e weapon into B nanchlnc g-un, nnd any c:omblnatlon o! parts from Which a mochfno gun co.n be assembled lf such parts are ln the possessfon or under the c:ont..rol o! IL person. ·

MarmJacl:Irer. Any peracm mntnsed In the manufacture of firearms or nmmun1tlon Cor purpo~es of sale o'r distribution.

National E·trearm$ Act. Chapter 53 of the Internal Revenue Code oJ 10.54,

Pawnbroker. Any person wh~se buslnes~ or oecualnLlon Includes th& taldng or 1"ece1v1ng, by wo.y or pledge or pawn, of any firearm or ammunition o.s security fo~ the pnymcnt or repayment or ntoney.

Person. Any lndlv!dnD.!, c;~rporat!on, company, nssoclaUon, finn, partnership, society, or Joint stock compa.ny.

PublfsTtca ordin.tlncc. A publiW1ed la.w of n.n.Y Jlolltlc&l SUbdiVIsion of II. State wblch the DJrector dctennines t:.o be releva.Pt to the en forcctnent ot thl$ part and which is contllJned on n lJst compllod by the Director, which list IS published ln the FI:DERAr. R~crsTEit, revJsed annuoUy, and

PROPOSED RLILF. MAKING

furn!shcd. to ench licensee under tbla part.

Becrfanat Ccnnmlssionar. A Rcclonal dommlssloner of Intemo.l Revenue.

BepUca. A reproduetl.on, copy or tacalmlLe of nn nntlcr~e Hrcann which 1s incapnble at firing fu<cd ammunition.

Rifle. A weapon designed or rcdesJgncd, mndc o1· remade, and lnt<lnded t() be fired from the shoulder, and deslcned or redesjgncd nnd mnde or remade to use tho enorgy o! the e~ploslve In n nxcd metallic cartridge to fire only n. single proJectile through " rifled bore for cnch single pull or the trJgser.

Slmrt-barralcrl rifle, A rlfie having one or more bnrrcls less than 16 Inches In length, nnd nny weapon made !rom a l'ifle, whether by a.ltcmtlon, moditlcntion, or oihcrwJse,l! such weapon. n1 modlflcd, has an overnll len~Jth or lc:.~ thnn 26 inches.

Sh-ort-barreled ~hotg'tln. A shotgun havlng one or more barrels Jess than 16 inches In length, and auy weapon made !rom a shotgun, whether by alterat1on, modlfl.ca.tlon, or otherw1se, U such. weapon as modified h1!3 an overn.lllcngth of lca:i than 26 Inches.

sea.te. A State of the Unlt.ed Btn.~s. designed, made or remade, nnd Intended to be ftrcd from the shoulder, and designed or redesigned n.nd made or remade to use the energy of the exploslvc in n. fixed she tgun shell to ftre throur:rh n. smooth bore either o number or boll shot or P slnBle projectne for cnch ~Single pull of the trigger.

fitaec. A Stnte or the United Smtcs. The term shnll lneludc the District of Columbia, the Commonwcolth of Puerto Rico, 11.nd the possessions ot the United States <not including &he Canal Zone).

Unserviceable /ircarm.Aftrenrm which ts lncapablr. o! dischat·ging a shot by means ot an exJJioslve cmd Is incapable of bclng readily restored to o. firlng condUlon.

u.s.c. The United Stntc:s Code.

Subpart C-Adminlslratlve and Miscellaneous Provisions

§ 1 oza.:n Fortna pre«cril•cd.

The Director Is authorized to prcacr1bc all !o1·ms required by thls pa.rt. All or the lnronnntlon C.'l.llcd tor 1n encll form shall be furnished, os tndlcntcxi by the headings on the rorm o.nd the tnstruotlous thereon or J.ssucd In respect thereto, nttd us required by tbls part. 5 178.22 Emcr~:cncy vm·iulions (rom rc

C(U i rc 111 en ls.

<a.> The Director may approve varlaUons from the rcqnlrcment.s of thts pa.rt when he finds that an cm~rgency cxls!.s and thnt the proposed vn.tiatlons !rom tho spcc:l.Oc requirements (1) nre necesfillry, 12) wm nat hlnder the effective Qdm.1n1strn.tlon of t.hJs part. and (3} wU! not be contrary to any provjstons of law.

(b, Varht~lons 1 rom requirements granted under this scetlon are conditioned on compUo.nco with tho proce~ dures, conditions, Md llrnJtntlom with respect thereto set; forth In the approval or the appllca.tlon. l'aflure to comply 1n good !oJth with such prooedures, eondt:.

tlons, and limltntions shnll automntlca.lly tm'Jlllll(I.~O U1e nuthol'lly for wch vll.t'lations. and the licensee thereupon shall !ully comply with the pt·csc•·tbcd l'eqult'ements of 1·egulntlons rt·om wh\ch the Vtll'Jnt!ons were nuthorlzcd. Aulho~·-1tY tor amy \'lU'iatlon muy be wlihdrnwn whenever In Lhe J ud~ment ot tho D!rcc • tor the cffcotlvt.> administration of tills part Is hindered IJ.v Ulc coutimmLio11 o! such vnrlu.Uon. A licensee \\'ho clcsll'c~; Lu employ such variation shall ~;ubtnlt a Wt'ittcn ntlJl]l(!lltlOJl so to do, in Lt·iplicatr. to tho Assistant Hcillonnl Couunl!'i:>loncr for trnnsmlllnl to Lllc Direct.or. 'l'hc nppllcntlon shnll dcscriiJu the Jit'OI)O.~ed vnrlntlon and set f'JL'th l.llc l'Cnsun:; therefor. ·A l.'luiatlot\ shnll 110t he employed until the nppUc:atlon has hr.·cn BPPl'ovcd. 1.'hc licensee shall rctttln, ns Plll't o! his reconls, uvallablu fo1· exam· lnatlon by lntcmnl revenue oJnccrs, £LilY n.ppUcatlon approved by the Dlrecwr under the pt·ovlslons of t.hls section.

§ 178.23 lli,:lat •• r ._.ntry uml <·~tuninu

'i"'h Any lnt.crnlll l'C\'enuc officer muy en

ter during business hours the pt·cmlscs, JnClUcJin~ ptaCCS Of SWI'nl!e, of any fii'CUrtnS or .o.mm\ll'lltlon bnpotltt·, manufacturer, dealer, or collector for the purpose o! lnSJ)ect.h'lg or cxl\n'linlng nny rccot·ds or documents t·cqulred to be kcp~ by such 1mpc.cter, mr.nurnctm·c1·, dci\ICI', or collector under the rll'ovisions or the Act or t.hls pnrt, n.nd any fil'C:a.tms m· n.m~ munition kept or stored by such lm· pol'tcr, mnnufa.ctul'cr, d(!alcr, o1· collector nt such premises. § 178,24 l'~thll~hell ortlinuu~·l•t<,

Tbc Dlrcctor Is authorized to complle. publlsh In the FEm:nAt lf.Ec rsnn,l annu~ ally revise, nnd furnish to cnch liccn~cc, n. llst ot publlshcd ot•d!nn.nces whlch nrc relevant; to the cnfo1·cctncnt o! lhls &mrt.

§ 178.25 llie~:I41MIIrc of in(nrii1JIIion.

Upon receipt of written rcqt!csl of nny State or o.nlo' polltlcal subdivision thereor, tho Asslslant Reglonnl Commissioner may make D.Vallab[c to such State or nny political subdivision thereof, nny h1!ormo.tlon which the AsslsLnnt.. H.culonul Commissioner nmy obtain by t·en.c;on or tho JlJ'OVlslons of the Act with l'CSfl{'CL t.o tho Identification of pc1·sons within ~o>uch Stntc or Pollt.lcnl subcllvl~lan tllcreof. who hnvl! pm·chnscd or rcccl~·cd fin::ann:. or ammunition, to~cthct· wlth ;~ dcscrill· tlon or such firenrms 01· ::unmunltlon. S 1711,2(, Curl., nrul rc·lic: tll'l~·rnoinutiun.

A licensed ccJI!cctor who dc$lrc~s to obtain n detcnn1n.1.tlon wlwth(.' 1· n Prll"tkllJnr fil'Crtl·trt o1· ammunition b R u1rlo or relic sl1n1l sul.Jmlt n written l'C'IUc:;t, l:! duplicn.te, for· a rullns thcn•ort to thP Assisinnt. Rcr,Jonnl Commlss!otler. Each such request shall be cxccutccl uncll•r tlw pcnnlt1es of perjury and f.hl•ll cont1~!n a oomDlct~ nnd a.cclll'~tc U(!~c~·lptloll of lhc firearm O!" nmnmniUon, nnd suc:h pllOtogrnphs, din.J:;r;tms, or drnwlnl!s n~ mav ba necessary to cnnble the As,o,;lst:m.t Rcglonnt Commissioner to mnkc his clctcnnlnn.tlon. The A!>!)istant Rc1~lonnl

FEDERAL IEGISIER, VOL 33, NO. 217-WEDNESDAY, NOVEMBER: 6, t968

0238

0238

Commissioner may require the submls· slon to him, or to an officer deslgno.ted by him, or the ftrennn or runmunltlon !or examination nnd testing. If the submission of the flrcnrm or ammunition 1s lmpracticnl, the licensed collector she.U so ndvlse the Assistant Regional· Commlssloncl' and designate the place where the firearm or nmrnt •• lltlon wlll be nvnilnble !o1· cxnmlno.Hon and testing, § 178.27 llclllructh·e devir.c clclcrrnlnn·

lion.

PROPOSED P.ULE MAKING

ls not Inconsistent wlth the Jaws o.t the place ot destination.

(b) No person shnll transport o.ny destrucUve devl~c. machine gun, shortbarreled shotgun, or short-barreled rifle In lnterstntc or foreign commerce under the provisions of this section &ntll he hne received upcclfic nuthorlzatlon t;O to do from the Assistant Rectonal Commissioner. Authot·lzatlon ~rnntcd under this section docs not can·y or Import relief f1·om nny other statutory or rcgule.tory provision reln.tlng to firearms.

<c> This section shnll not be consti'Ued ns rcqub·lng llccnsccs to obt.aln c.uthortzo.tlon to t.rnnsport destructive devices, machine guns, short-barreled shotguns. and short-barreled rifles ln Interstate or !orelcn commerce: Provided, That such n licensee hn.s authority. oo engage In the bustne11s with respect to the w~apon to be tt·ansported. ·

The Director shnll determine In· accordance with 18 U.S.C. 921<n> (4) whether a dcvlcc Is excluded from the definition of a destructive device. A perf:IOil who desires to obtain n dctcrmlna· tlon under thnt. pJ·ovl.slon "of law for any dcvlce which he believes is not likely to be used as n wcnpon sho.ll &Ubmlt P. writ· ten request, 1n triplicate, !or a- rullniJ t.hci'C<In to the Assistant Regional Commissioner for tranamLttal to the Dtrcc- fi 178.29 Oua-or -S tnac n c q u hill on of tol". Each such request shall bo executed fircaarms h:r nor~llccnecc.s. under the pcnaltle.s o! perjury and con- No person, other than a licensed lm-taln a complete n.nd accurate descrlp- · porter, licensed manufacturer. Hcensed tton of the device, tho nnme and aC!dre88 dealer, or licensed collector, aha.ll transof the mc.nu!ncturer or importer thereof.. lJOrt into or receive In the state where he the purpose of nnd use for which it l.s. resides cor If a. corporntlon or other busllntcnded, and such photogrnpm, dla.• . ness entity, wher_ It malntalns a. place of 11rams, or drawings as may bo, necessary bttsln~ss) any firearm purch.ascd or to enable tht' Director to mn.ke his deter- otherwise abtalned by such person outmlnation, The Director may require the nlde that State: ProvCded, That the prosubm1sslon to him, or to an omcer dCI!Ig- visions of this section (ll) sho.ll not premated by him, or a sample of auch device elude any person who lawfully acquires for exnm1nntlon •or tcstlng. It the sub• a fireann by bequest or intestate succesmlssion of such device Is lmpractlble, the slon in o. St.ate other thWl hls sto.te of person request.1ng the rultng aha.ll so c.d· residence from transporting the firearm .vise the Director c.nd deslsno.tc the plo.ce into or receiv.ing Jt 1n that State, if1t Is where the device will bo a.vnllable for ex- lawful !or such person to purchase or nmlnatlon nnd testing, possess such fircnnn in tho.t State, (b) § 170.28 Tr11moportadon of dc11ructSvo

clc,·iccll ond ccrluin fircurn11.

<c.) 'I11c Asslshmt Regional Commlsy stoner tor the internal revenue region In which c. person reslde.s may authorize tho.t person to tro.nsp~~t in 1ntereta.te or rorelsn commerce nny destructive devlce, mnchlne gun, short-barreled shotgun, or ai1ort~bnrrclcd rifle. lf he finds thnt such transportation Is reasonably nccessnry, Is consistent with public safety, and Jo not Inconsistent with 5tnte or lccal law. A person who desires to tro.nsport 1n Interstate or foreign commerce nny such device o1· weapon shall submit a. written request so to do, In duplicate, to tho Asslstnnt Rcr:lonnl Commls3loner. The request shall contain: , Cl> A complete description and ldent1!\co.tlon or the devlce or weapon to be ll'RllSj)Ol'ted;

<2) A statement whether such transportation Involves a transfer of title;

C3) Tl1c need for such transporto.Uon: (4l The npproxlmnw date such trans

pcl·tation Is to tuke plu~e; (5) 'I11e present locn.tlon O! SUCh de

vice or weapon and tl1e Dlaca to whlch It Is to be transported;

CG> The mode of tro.nsporta.tlon to be used Oncludlng, If by common or contnct cttrl'ler. the nnme and nddress of such carder> ; nnd

(7) Evidence thttt the transporto.tlon or possession or such devlcc or weapon

shall not apply to the transportation or receipt of a rUle or shotgun obtained in c::onrormlt.y with the provisions of U 178.30, 178.96, and 178.97, and Cc> shall not apply to the transportation of n.ny firearm n.cqUlrcd In nny State prior to the eft'ecUvc date o! the Act, § 178.30 Oul-of.Sro~c dii'J108ilion of Jircw

arms by nordic~rt&ccs.

No nonllcensee shall transfer, sell, trade, give t.rausport, or dcUver any firearm to any other uonllccnsec, who the transferor knows or has reasonnblc cause to bcltcve resides In nny State other than tho.t In which the trnnsferor resides Cor I! a corporation or other businet.!l .. ntlty, where lt maintains n plnce of business>; ProvCded, That t:ite provisions of this section shall not apply to Ca> the trn.nsfer, tmnsporto.tlon, or delivery o! a ftreann made to carry out a bequest o! P. firearm to, or o.ny acqulsltton by Intestate 5Uccesslon or 11 firearm by, 0.. person who ts permitted to· acquire or possess a firearm under the lows of the state or his rcsidonoo, and the !oen or rental ot a tlretum to any s>crson for tempomry \L'ie !or lawful sporting purposes. § 17a,:n Delivery J,y l'ommou or con.

lrnd currier.

Cn) No person shall knowingly deliver or cause to be dcllvet·cd to o.ny common or contract carrier tor transportation or shipment In lntcrf:ltate or foreign commerce to nny person other thnn a licensed

IG28!J

Importer, licensed manufacturer. licensed dealer. or licensed collector, nny package or other container in Wlllch Lhcre ts any firearm or ammunition wltt1out Wl'ltten notice to the caiTicr that such fii'N\l·m or ammunition ls being Lrarl!;ported or shipped: Provided. That any p:tssenger who owns or lc~nlly possessc5 a llrenrm or nmmunitlon llclng tran5portcd nbonrd any common or contrnct carrier for movement with the passcrw:cr in inter-

. stat~ or forc:gn commerce mny dclin~r said firearm or nrnmunition into the custody of the J)LJot, cnptain. conductor o1· operator or such common or contract carrier for the duration or thnt trh) without. violating any provision of tlll!i part.

lbl No common or contract carrier shall transpm·t or deliver in lntcrslnte or foralgn commerce nny firearm or ammuniUon wl~h knowlcdf.:"e or renwnablc cause to bellcvc thnt the shipment, trunspartat.lon, or receipt thereof would be in vlolntlon of any provi.slon of this part: Provided, 1wwcvcr, Thut the provisions or this pttrngraph shall not apply in rcspcet to t.he t.rnnsportntion or firearms or ammunition In In-bond shipmen~ under Customs lnws and regulations. § 178.32 l'ruh\hitNl ... hit•mcm, u-'"''"1"""•

lulion, or rCl'CiJil uf fireurm" nrulJnn· nn•nilion l1y l'l'rluin liC'rJ<UII"·

Co.) No person may ship or tran:;port any fi1•cann Ol' ammunition in 1nterstntc or forcJgn commerce, or l'ecclvc any flt·carm or nmmunltlon whlch has been shipped or t.rnusporlcd In Interstate or foreign commerce, who c 1) Is under Indictment !or, or who hns been convicted in· nny court o!. n crime punishable by Imprisonment for a t.cml cx~cdlng I year, (2) ls a ru~ltlvc from justice, (J)

Is nn unlawful user of or addlcLed Lo mnrlh'uana or any depressant or stJmulant drug (as defined !u section 201Cv) of the Federal Food, Dnm, nnd CosmcUc Act>, or narcotic drug ens de:lned In SC(:· tlon 473Ual o! the Intc:·nnl Revenue Code ol 1954>. or <4 I has been ndJudlca.ted tts a mentnl defccUve or who hn.s been cornmltted to a m~ntltl iustlt.uUon:

(bl A tlreat·m may 11ot lJe rccel\•cd, possessed, or Lransportcd !n commerce or affecting commcrct:: by ony person who ( 1) hns been conv!ctcct by 11 court or the United States or of n Stl\lc or any polltlcal subdh'l!;lon ther·cof of n felony, 12 1 has been dlselmrr;:ed fmm the Armed Forces under dishonorable condlllons, <3) has been adjudged by n court. or tlu~ United St.ntes or ot n Sln lc m· any politl~ en! .subdivision thereof o! bclnJ; mcuto.lJy Incompetent, or 14) hnvln~~ bec!l :1.

citizen or the United States has rr~ nounccd his citizenship, or r!), being n•l allen If.; lllc~nlly In tlw Unltt•cl !:it.atc~>.

Ce) Any tnclivldunl Whl) lo l1is knowledg-e and whUc bcin~-1 crllllioycd by any pei'SOil CO Ill lUI-{ Wlllllll n c]M;.sl!lcat ifJll contained hl t>nrn~mpll 1 bl of thl.'i section, may not ln the cou rsc of such ('IJI

ploytncnt t·ccclve, possc!;s, or transport a tlt·cat·m In cotnrllen·e or atfecting commet•cc.

ld) •l'he pro,•lsions of pa rlll-li"Oflh • b 1

of tills :;cction shall no L OI)Jlly Lo any prJSoller Who by l"t,!US()Il of dutl(.'s C<Jilll<'Cl

Cd with law cnfo•·ccrnent !tns C;«prc:.:;ly

FEDERAL REGIS JEff, VOL. 33, NO. :Z 17-\'/EDNESDAY, NOVEMBER 6, 1968

0239

0239

16290

been entrusted wJLh a. flrcn.rm by compa· tent a.uthorny cr the pr:ioon, and the provisions of paragraphS Cb) nnd (C) of this .section shall nob apply to o.ny person, or an~ employee employed by such person, who hn.s b!lcn pardoned b1 tha President of the United S ~at.es or tho chlcr executive o! n. State and has expressly been auUlol'l:r.cd"by the President or such chlet cx!lcutive, os the ~o.se may bC, to l:CCC1Ye, l)QSSeSS, Ot' tt:anspo:rt in commerce a firearm. § 17fl.33 Slolcn firciJrlll! and anm;un[.

lion.

No person slmll tt·ansport or shJp ln Interstate or foreign commerco any stolen firearm or stol'!n nmmunltlon knowing or having rensonllble ca.use to believe that tho firearm or :llmmunlUon wns stolen, o.nd no person shall receive, conceal, store, barter, sell, or dispose of ony stolen firlllltm or stolen a.mm.unitlon which ls moving ns, which. ls a part of, or which constEturos interstate or !ore!sn commerce, knowing or having rensonablo co.usn to b<!Uevl!" thnt tho Orcn:rrn or am• muniUon wns stolen, § 176.3,1 Removed, oLUtcraH:dt or al•

lcrcd 11uiol numLcl', No person sho.ll knowlnsly trnnsport,

ahlp, or receive In lntcrstote or foreign commerec ony :flrcnrm whtch bM had tho importer's or mnnurncturer'$ :semi nwn· bar removed, obliterated, or llltered.

Subpart D-UCGI,IUIS 6 176.41 Ccn~ruL .

(nl Each person tntcndl.nll to engnQ'e in business cs nn importer or tnanufac· turer of, or B. deo.lcr In, flrunms or am• taunttJon flhllll. before commenclng such busineM, obta5n the Jlccn!o r.ectu.1red by this subpart :for the business to bo OP· crt1ied. Each. person who dcelrea to obtain the privUcgu sr~~onted by the Act ond thf!J part to a llcllnsed collcc't()r- ma:v ob· taln BUch B license under tho lllovlslona of thla .mbpnrt.

Cbl Each person lntcndln~I to engago tn business n.s a. ftrcnrms or &m.munltlon importer, m&nU!nc:turer, o:r dealer, or aeektng the privllcgee o! a coUcctor li-censed under this pnrt shall :Ole sn BPPII• entlon, with the rcqulreld teo C11cc 1118.42), with tho District Dlrecoor for tho lntt:!r:no.l tllV•mue dlst:rlct In which hls premises nrc to be loco.ted, and, pur.sunnt to I I7B.4'l, rcccJvo tha lJconse re-o qulred for such business or the Ucenso covering collcct.Lng curios o.nd reiLcs from the Asslstnnt Restonnl CommJ~~Sloncr. A scpnrntc license must be obtained for e£\ch business or acLlvtty nnd l'!l~h plnca ot which the nppllcnnt l.s to do bwlness or conduct. coUccUng actlvlty. Such 11~ censa shnll. eubJect to the provlslons of the Act n.ttd other nppllcu.ble IPlOVI&lons af law. entttte the lh:cn~~ to tranap::;rt, ship, nr.d :receive nrcnrms and arnmunlLlon covered by such license In Lnter.stnoo or forel!{n commerce, nnd lo engage In Lhe busJness or ncLlvity BJlOO!fied by the license. o.t tho location dcscrtbect on tho license, o.nd for the period stntcd on tho license: Provided, '11mt It sh:llll not bo necessary fer a. licensed importer or n

PROPOSED Rt.:LE MAKING

licensed mo.nu!ncturer to also obto.ln a dealer's license In order to engage 1n business on his licensed prcmJses as a dealer in the so.me i)lllC Of firearms or ammunition o.uthortzcd by hls license to be imparted or mBnufnctured: Provided /UTefter, That the payment Of the license fee as an importer or mnnufacturcr of, or a dealer In, destructive devices nnd ammunition tor destructive devices Ineludes the prlvlle~c o:f l.m:portlng, ti111nU• facturlng or deoling In, ns the case mny be, firearms other tho..n destructive dcvLccs lmd ammunition for other them destruetlvc devices by sueh o. licensee at his licensed prem!scs.

(c) The collector llccnsc provided by this part shnll npply only to trunsnctlons related to a collector's nctlylty ln ncnuir-1ng, l1oldlng or dlspostng of curios nnd rcllcs, A collector's license does not·ll.U• tllorl:zo the collector to cngo.gc ln n busEness required to be licensed under the Act or this po.r&. Therefore. 1! the o.cqulslUons nnd dispositions of curios &nd relics by o. collector brlng the coLlector within the deftnltlon of a manufacturer. Importer or dealer under this part. he l!lhnll quality tu such. CSea also J 178.03 of this part.) § 173.4-2 Lh:cnae fees.

Ew::h o.ppl1eant shall pay a. fee for obto.tnlng u. Ucense. ll scpnra.te fee being requLrcd for each business or collcctlng octLvHy at. ench plnce ot such busfnllss or aeUvity, ns follows:

Ca) For a mnnufo.cturcr: U) Of destructive dovlc('S or o.mmunl·

tlon for des~ructJve devlccs-$l,OOO,]Jcr :year,

(2) Of flrearms oth[)r thnn destructive dcv1ces.-$5D JJC:r ycn.r.

< 3> o.r nmmW11tlon for flrennns oUter tban destructive dclllccs-$10 per year.

(b) For an Importer: Cl) Of destruct!vo devices or ntnmUni·

t1on for destructJvo dcvJccs-$1,000 :per :year.

(2) 01 tlrt!o.nns other thnn dcstructtva devices or nmmunlUon !or firearms other than destructive devJcc.s--$50 per yeo.r.

Cc) For n dealer: (1) In dcstrucLlllc dcvJccs or ammunJ.

tlon for destructive devlccs-$1,000 per .year.

{2) Who Is 11. pa.wnbroker deallng In nreo.rms other than dllstructlvc devices or ammunition for flrcnrms other thnn destructive devtccs--$25 per year.

(3) Who Is not a dellJcr ln destructive devices or a pawnbrokcr-$10 per year.

~d> For a collcr:t.or o! curios and relJcs.-110 per yen.r. ~ 176.-t: Llccn~~e [cc notrduruJuLle.

No refund of nny part or the amount paid as nl:tcensce rcc shan bl! tnr.de where the opllrntlons o! ihB licensee nre, fr.r any rcnson, discontln~l:!d dl!!'!.tl!r tho pcrlod o.r nn Issued Hcenso. § 173.4-i Original Jlc:CIIliiC.

la)o Any person who Intends to cngnga IIi business ns a. flren.rms or nmmun1tlon Importer, mnnufac:turllr, or dealer on or &Ctcr t.~e crrcctlvc dntc or thi.s part, or who hns not previously been licensed under tllc provisions of this pnrt to 50

enc-nge In business, or who l1as not t. rl)t'

eubmltted nppllcntlon Cor rcne~\·nl c Is previous license Issued under th~s l shall, except ns provided In pnnqna, (c) or this section, file with the DlstriL. Director for the tntcmalrcvcnue district In which the appHcnnt Is to do busltlcss on npplicn.tlon, Form 7 1 Fircrmnsl, In duplicate. The a.ppllentlon, Form 7 c Pircnrms), shnll Include lnfonna.tion ns to the owne~sl11p or t11c buslnc:;s. ttlc type of tlreo.rms o:r nmnnmition to be clcnlt In, the type of business pt·cmlscs, the buslne.s:; hours, the business history, nnd the 1dentlty or the l'8SJl011Slblc persons In the business. The UllPllcntlon must be execut,cd under the penalties of perjury and the penalties Jmposcd by lH U.S.c. 024. The uppllcatlon ~hall be uccompanlcd by the npm·oprlatc !cc in the form of Ul cash, or <2> money order or check made payable to the Intcrm\1 Revenue Set·vlcc. Forms 7 CFircnt'm5} may bo obtained !l'om uny Assistant Rcgionnl Commisslonet· or tram nny Dlstrlc~ Director.

 Any pe1·son who dcslrcs to obtnln tho pdvileges gmntcd to u licensed collector under lha Act and thJs part 011 or after Lhc efiilcUve date of this pal't, or who hnsnot timely submitted nppllcntlon for tenewul of his previous license Issued under thLs part: sholl file with the Dis~ trlct Dlrcctor for tho lntcmal r·e~·cnue district 1n whlch t.hc BPI,licnnt Js to cnso.go In such nctlvlty em npJJllcnLion, Fonn 7 (Firellt'lllS), 1n dupllcnte. The nppUcntlon. Form 7 <Firearms), shall include tn!ormntlon ns to the ownership of the actlllity, the type at ,,remises l.o ba mnlnto.lned by the npplicnn.t for the actlvlty, O.lJd the Identity o! the t·csponalble persons in the nctlvlty, The nppllcntlon must bo execut.cd lUldcr t.hc penaltics of perjury nnd the J)ennlttes Imposed by 18 U.S.C. 024. The nppllcnt.!on shall bo o.ccompnn.led by a. $10 fee In the fol"m of (1) ca.sb, or t2) money o1·dcr or check mado pn.yable to thc Internal H.cvcntlc Service. Forms 7 <Firco.rms) mn.y be obtained !romu.ny Assistant Heglonnl Com~ missioner or from nny District. Dlrcctor.

(C) Any person holding n. vo.lld license f~sucd purs:.tnnt to the m·ov3:slons of the Fcclcrnl Firennns Act to mnnufncLUl'e. ImpOrt or deal In nren1·ms o1· nmmunltlon for :pJstoJs or revolvers mny continue to conduct such business under such license until that license explt·cs ucconllng to tis teams, unlr:ss that. license IJe sooner tcrmlnnlcd pursunn~ to apJ>licnbio provision!! of law. I1 the holdct· of IL license lssulld Plii'Sttnnt to the l·,cdct·td Act Intend!~ to continue his fit•eaJ·ms or nmmunltlon business following th!: cxptmtlon of such llccnsc, he shnlL comply wllll tho provisions eontalned In rmrn~l'llph (!l) Of Lhls section prior· to tile eloiplmtlon of the period CO\ICI'Cd uy t11c Uccnsc, and upon compUnttce \\:·lth those PI;Ol"i:-Jiuns .such nn applicant mny continue such operntlons as \Vcrc nuthorlzcd by his expired llcemc under this f)nJ·t Ulltll hi:~ uppUcntlon Is flnnlly nctcd upon. § 178.15 lt•·1u·~nlor lic·•·n.•P.

If B licensee Intends La cuntlnul' the business or nctlvity c.ICSCl'iiJcd on n llccnsn 1ssued under thls part du1·lng nny portion

flCEIIAL REGISTER, VOL. 33, NO. 217'-WEONESDAV, NOV£MBU 6, Hl6B

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0240

of the ensuing year, he shall. unless otherwise notified in writing by the .A.s· slstant Regional Commissioner, execute and file prior to the expiration. of his llcense an application for license renewal, Form 8 <Firearms> <Part 3). accompanied by the required fee. with the District Director for the internal revenue district in which the business or activity is operated. The ASsistant Re· giono.l Commissioner may, 1n writing, require an applicant for llcense renewal to also file completed Form 7 <Firearms> in the manner required by I 178.U. In the event the licensee does not timely ftle a Form 8 <Firearms> <Part 3). he·must tlle a. Form 7 <Firearms> as required by § 178.44, and obto.in the required license before continuing business or collecting activity. If a Form 8 <Firearms> CPart 3) is not timely received through the malls, the licensee should so notify his Assistant Regional Commissioner. § 178.46 Proce,Jure b:r Dialriet Direelor.

Upon receipt of an application for an original license on Form 'l (Firearms> or an application for renewal of & license on Form 8 (Firearms) <Part 3). accompanied by the required f~, the District Director shall deposit such fee and for· ward the license application to the .A.s· sistant Regional Commissioner. Where an appllcatlon is filed with an Insufficient fee, the appl!catlon and any fee submitted shall be returned by the District Director. § 178.47 baunnce of licente.

<a> Upon receipt of a properly executed application for a license on Form 7 <Firearms>, or Form 8 <Firearms> .(Part 3>, the Assistant Regional Commissioner may, upon finding through further InQuiry or lnvestlga.tlon, or otherwise, that the applicant 1s entitled thereto, issue the appropriate 11cense and a copy thereof. Each license shall bear a serial number and such number may be as. signed to the licensee to whom issued for so long as he maintains continuity of annual renewal in the same Internal revenue district.

 The Assistant Regional Commissioner shall approve a properly executed appllcatlon for license on Form '1 <Fireal·ms>. or Form 8 (Firearms) <Part 3>, if:

U> The applicant 1s 21 years of aae or over;

<2> The o.ppllcant <Including, In the case of a corporation, partnership, or as:socio.t.lon. a.ny individual pOSlSCUlng, directly or indirectly, the power to direct or cause the direction of the manaaement and policies of the corporation, partnership, or association> Is not pro· hlblted from transporting, shipping, or receiving firearms or ammunition ln In· terstatc or foreign commerce under the provisions of the Act:

(3) The applicant has not willfully violated any "'f the provisions of the Act or this part;

c 4 > The applicant has not willfully failed to disclose any material lnfonnation required, or has not made any false statement as to any material fact, ln connection with his application;

PROPOSED RULE MAKING

<5> The applicant has in a State m premisea from which he conducts busln~ subJect to license under the Act or from which he Intends to conduct .such business within a reasonable period of time, or 1n the case of a collector, premises from which he conducts hJs collecting subject to license under the Act or from which he intends to conduct such collecting within a reasonable period. of time: and

<6> The applicant Is not prohibited by the provisions of Title VII of Public Law 90-351 <82 Stat. 236) from receivIng, possessing or transporting firearms In commerce or affecting commerce, 1f the application 1s for a license relating to fireanns.

<c> The Assistant Regional Commissioner shall approve or deny an application for license within the 45-day period beginning on the date the application was received by the District .Director: Provided, That when an applicant for license renewal Is a p-erson who is, purauant to the provisions of 1178.143 or 1178.144, conducting business or collecting activity under a previously Issued license, action regardt.ng the application wm be held in abeyance pending final determination of the appllcant's crim· lnal case, or final action by the Commissioner of an application for rellef submitted pursuant to § 178.144, as the case may be.

Cd) When the Assistant Resional Commissioner falls to act on an appllcatlon for license within the 45hday period prescribed by paragraph cc> of thls section. the appllcant may file an action under section 1361 of title 28, United States Code, to compel the As:;lstant Regional Commissioner to act. § 178.48 Corrcclion ol error on license.

<a> Upon receipt of a license Issued under the provisions of this part, each licensee shall examine same to ensure that the ln!ormation contained thereon Is accurate. If the llcense is Incorrect, the licensee shall return the license, and the copy thereof furnished with the Ucense, to the Assistant Regional Commissioner with a statement showing the nature of the error. The Assistant Regional Comm.Jssioner shall correct the error, If the error was made in his c:>mce, and return the license and the copy thereo!. However. if the e1·ror resulted from information contained In the licensee's application for the Ucense, the Assistant Regional Commissioner shall rcQ.uire the licensee to file an amended application setting forth the correct Information and a statement explaining the error contained in the application. Upon receipt or the amended application and a sat!s!acrory explanation of the error, the Assistant Regional Commissioner shall make the correction on the license, and the copy thereof, and return same to the licensee.

 When the Assistant. Regional Commissioner tlnds through any means other than notice from the licensee that an incorrect Ucense has been issued, the Assistant Regional Conunlssioner may require the holder of the incorrect licell.'3e to < 1> return the license, and the copy

16291

thereof furnished with the license. for correction, and <2> if the error resulted from information contained in t.he licensee's application for the license. the Assistant Regional Commissioner shall require the licensee to ftle an amended application setting fo1·th the correct lnronnatlon, and !l statement explaining the error contained in the application. The Assistant Regional Commissioner then may make the correction on tne license and the copy thereof, and return same to the licensee. § 178.49 Dur:uion nr lit·emw.

A license shall not be issued !or a period of less than 1 year. The license! shall entitle the person to whom Issued to engage in the business or activity specified ·an the license, within the I!mltatlons of the Act and the re~ulat.lons contained In this part, !or the period stated on the license, unless sooner tennlnated. § 178.50 l..o:,.~ulinn" l'overed hy li••enl'£>.

The Ucense covers the class a! business or the activity specified in the 11-cense at the address described therein. Accordtngiy, a separate license must be obtained for each location at which a firearms or ammunition business or activity requiring a license under this part is conducted; however, no license is required to cover a separate warehouse used by the licensee solely for stora~e of firearms or ammunition I! the records required by this part are maintained at the licensed premises served by such warehouse: Provided, That a llcensed collector may acquire curios and relics at any location, and dispose of curios or relics to any licensee, or to other persons who are residents of the State where the collector's license Is held and the disposition is made. § 178.51 l.icen~e raot trnn,.r,•ruhlc•.

Licenses issued under this part nrc not transferable. In the event of the lease. sale, or othc1· transfer of the operations authorized by the license, the successor must obtain the license required by this part prior to commencing such operations. However, for rules on right of succession, see § 1'78.56. § 178.52 Chnn~e uf ncltlr•·""·

A licensee may remove his business or o.ctlvlty to a new locution v. lthout procuring a new license. Howcvcl', In every case, whether or not the removal Is from one lntcrnnl revenue rci'Jion to nnothcr·. notification of the new location of the business or act! vity must be given not less than 10 dn:~o•s prior to snch rcmovnl to the Assistant Regional CommisRioner for the Internal revenue region from which or within which the removal Is to be made, and the Assistant Rc~Jionnl Commissioner for the internal revenue region to which the removal is to be made. In each Instance, the license alld the copy thereof fumlshcd wiLh the license must be submitted for endorsement to the Assistant RcgiorHll Commissioner having Jurisdiction over tile internal revenue region to which O!' within

No. 217--4 FEDEaAL AEGISTEit, VOL. 33, NO. 217-WEDNESDAY, NOVEMIEII 6, 1961

0241

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~hlcb removal 1s to be made. Aller en• doraement or the llccnso and thB cow 't.l1e1-eo! to shew the new add.rf.s.s, and tho new license number, 1t any, tho A!sl.stu.nt Regional Ccnunt.ssloner wUlretw:n &lllllO to the licensee. • § 173,53 Clumsc in trade nnme •. · · A llcensro ccnLLnulng to conduct" bU.!il•

ness at the location s11oWD on tl.Ls Uceoaa is not required to obtain a new llcense by 1 ~nson of a mere change in trnde name under wblch he conduct! hl.! buatness! Proutdcd, That such. Uccnsco turnlshea his license ror endorsement of euch change to the Assistant Regional Commissioner fer the internal revenue ~eslon ln which the licensee conducts his bust-· ness wlthtn 30 days from the do.te tho licensee begins his business under tho new trade name. § 178.54 Change of control.

In the case or a corporo.tlon or n.e.soclo.tlon holding a license under twa part, It actual or legnl control o! the eorporo.tlon or assoc1o.tlon chanses, directly or lndirectly, whether by reason of change ln stock ownership or control C!n the licensed corporation or 1n any other corporation) , by operotlon!l ot law, or 1n o.ny other manner, the l!censce llhaU. within 30 Clays o! such change, gLvewritten notlftcnUon thereot, execute<3 under the peno.tttes o! perJury, to the Assistn.nt Reglono.l Commissioner.· Upon explro.· t1on or the llcensc, the corporation or o.ssocla tton mu.st. fllo a. Fonn 'l (F.Iren.nn.s> as required by I 178.44. § 173.5S Continuing pariJ:Ierehlplo: ··

Where. Wider the lo.wa of the par• tJculBr State, tho pnrtner.&hip i.s not termlna.ted on death or l.ruolvenc;v of a po.l·tner. but. continues until the wind· Jng up of tho po.rt.nershlp da.lra :i1J toD1• pletcd, and the surviving .]:lo.rtiier has the exclusive right to the control and possession ol the pa.rtnershlp n.s.seta for the purpose or Urtutdat1on nnd !!ettle· ment, such flurv1vlng partner may con• tinue to operata the business. under the Ucense ol the partnership. U e.uch. survLvJng partner o.cquires the 'business on completion o! the settlement or the partnership. he 15ball obto.ln o. license 1n lilil own name !rom tho date o! a.c:q_uJsltlon, M provldcd In§ 178.44. Tberule set torth In thJs section shall nlsa a.ppJ.y where there Is more than one sur:vivlns- IJnrtncr. § 178.56 Hicflt or •uccculoR .,,. cerlllln

pC!nsonll.• " (a) Certnln persons other than the licensee may secure t11e right to carry on tho snmc Orcnl'JIUI cr ammunjUon busln~ nt the snme address shown on, ~md !or the remainder o! the term ot. a current llccnsc. Such pe.rsons 11.ro:

( l) 'Ihe surviving spouse or chllcl, or exccut.or. ndmintst.rator. or ether legal represcntntlvo of a decea.se4 !Uccnsee: and

(2) A rcc:.elvcr or trustw In bo.nkrupooy, or an oss1gnce !ot' benefit o! creditors.

(b) In order ~ .secure the- tight provided by this section, the person or persons contlnuing the bUBlnCSII shall !ur-

PROPOSED RULE M.AKrNG

nlsb tlle llcen...w for tbn!; business for endorsement of rruch. succes.slon to the As.sl.i5mnt Reglon11l Cottl.lnlssl.oner tor the internal revcnuo reglon 1n which the business 15 conducted wl.t.htn 30 ~n:rs from the dato on whJeh the succe~or be· ~ to. carry on the business. § 1 '18.57 DiiiContlnunnell or bu.lnetlo

Where a. ftren.rm or o.mm.un1Uon buslnCS!I .is either discontinued or succeeded by a. new owner, the owner of tho bu:;tness d.lscont.tnued or succeeded shall witb.Ln :30 days thereo! !um1sh to the A!l· slstant Rcgtono.l Comml.ss1oner for the

. :internal revenue relr.lon in which hls bustne:Ss wns lOCllt.ed notillco.ttcn or the dlsconUnuance or succession. <See also • 1'16. 127.)

decision confirmlna or rcvel·sEng the dcn1o.1 ot the nppUco.tlon. If !.he decision 1.'1 that tho deninl should stnnd, n cerll~ fled copy of the Assistant Rcalono.l Commissioner's tlndtnr;rs and coneluslons shall be furnished w the nppllca.nt with o. final notice CJf denial, Fonn 4501. A copy or the application, marked "Disapproved.'' will be returned to t.ha nppll~ cant. If the dec1sion !s t htl.t the Jlc(:nsc applied ror should be issued, tlle nppl!cant shnll be so notlflcd, tn wrlttrlg, nnd tho Uconsa shull IJe Issued n.s provided by§ 176.47.

fj 178.73 Noti~c u£ conlc:llltllnlccl r•·,·~ calion.,

Whenever tht! Asslstnnt Rctt1onnl Commlssloncr hos rcnso11 to believe tlln.t n. licensee hns vlolnt.ed nny provision of

~ 170.SB SlJlle or otl•C!r lllw. the Act or thls pl\rt, he may issue o. A l1cen.se l.s!rued under th!:J po.rt con-·· noUcc, on. Fonn 4409, or contemplntcd

fersno r:lght or privtlcs-e to conduct. bust- revocation ot the license, "!"he noUcc ness or actlvitycontro.l'Y tn Stnt..e or other shall set 1o1·Lh the mnt.tcrs o! fact conlaw. The holder or such 11 license is not sttt.utlnr; the \'lointlons s(.)ccif1cd, dates. by reason of the rl.ghts and prLvllcBC! places, anrl the sections or IIJ.w nnd l'cgugrantcd. by thn.t lleenso inmt'Jna from lnt.lons \'lolatcd. The Asslstnnt Reglonnl punlshment for operating o. firearm or Cont!n.lssloner shnll nflord the licensee ammunition buslncs.s or nctMty 1n vlli~ 15 days !rom the date of re-ceipt. or the lation or the provisions or any State or nollcc 1n which to request a hcnrln~ otbcr lo.w. Shnilllll"ly. compllo.nco wlth prior ta re"ocrit.lon of tho license. rr the the provtslons or any Sto.t.a or other lnw. Uccnseo docs nnt file a. timely 1·cqucst for afi'ord3 no 1mmun1ty under Federo.l law a. hearing, the As:;!stn.nt. Regional Com-orregulatiow. rrusslonor shall lssuc o. notlec of rcvoca-

Subpcrt E-Liccnso Proceedings tlon, Form '11500, BS movlded In § 178.'14. § 178.74 fC-.'Q\ICIIt (or ht>1nilot: u(l~~r no~

tico of con1cmpll•rcd rc"o~·ntion. § l7D.?l DcnJnl ot an. na•plicntlon Cor Uccmsc.

Whenever tho A.ssl.stn.nt Regional commtssloner has reason to believe that an oppllc:a.nt Is not ellgiblo to receive nllcense under the provlslo:M ot a 178.-I'T. he IIU\.5' 1ssue n notlce of denial, on Foml 4499, to the o.~pllcnnt. '11lo notice sho.ll aet. fortb the mnttcrs of !net and law relied upen 1n determlning thnt the ap-

H o. licensee dcsh·cs B heating pursuant to receJpt or llllOtlce or contcmpltltcd revocntlon or his license, he shall me o. request tl1creror, In dupltcntc, with the Asststnnt. Rcgionnl Commissioner within 15 days alter l'ecclpt. of tlle notice ot contemplated revocation. On receipt thcrco!, tho &slstnnt. Rcglonnl Commisaloner Bh:n.ll, ns expeditiously ns possible,

Pllco.tlon should be ClenJcd, and Bl'lall nr- make tho necessarY lll'mngcmcnts for !ord the applicant 15 days from tho do.to -tho hcnrJng n.nd ndvisc tl1c licensee o! of reeelpt of the n.otlca 1n which. to rc.. the dare. time, location and the nnme QUest a. hearing to review tho dcnJal. I! or the officer before whom the hcnrlnr, no reQuest for a heQ.rlng Is filed wlthln will be held. Such no~lficaUon shall b~ such time. the p.ppUcat1on llhall bo dis- made not less tlmn 10 dnys tn ndvnncc approved nnd a copy, so mlll'ked, sho.ll be of t.hc dnt.e set for the henri ng. On con-

· returned to the applicant. . elusion ol the hci,Lring nnd consldcrntion § 17D.72 IlculnG alter Ppplicaalon de• of all rcle11ant prcscntntlons mnde by the

nlo.l. licensee or his represcnt.n.t.lvc. the Ar:;.

:U the appUcant for an orlginnl or l"Cnewal Ilcense desires. IJ. bearing to review the denial of his appllco.t.lon, he shall tlle o. request therefor. In duplicate, wJth the Assistant Reglonn.l Commissioner wlthln 15 days after rccciJ>t of tho notlca o:t dento.l. The request should Include a. sta.tcmcnt of the rensons therefor. On recciJ:Jt o! the request, the Asslsto.nt Regional Commlssloner shall, as expcdltfously a.a possible. tnn.kc the necessary arrangements tor tbe hearing a.nd o.dvlee the ap_pllcnnt of the dn.te, t.tme, location, and the name ot the omcer before whom the beaTing will be held. Such notlflca.Uon shall be made :not icss thWl iO days In advance of the da.te set for the ht.'ilr• lng. On. conclusion or tha hcarJng nnd consldcro.Uon of o.lt relevant fncts and c1rcumstnnccs presented by the appltcant or his rcpresontn.tlvc. t.hc Asslst.ant Regional Commtsstoner shll.ll render his

slstnnt RcJ:::tonnl Comm1ssloncr ~hall render his declslon 1md shnll l>l'l.'pm·c t~ brlcr summnt·y o! the nndlnJ~.s o.nd conclusions 011 Wh[ch Lhe dedst.on is ba:;cd. If the decision Is that the Ilccnsc should be revoked, n cct·ttncd COl)Y of the summary shall be tumlshel.l t.o the l1censcc wnh the notice of rcvocntion on Pol'm 4500. If the decision Is llmt. the license .should not be l'cvokcd, the Uccm;ce .shnll bo so nottned In wl'ithl!I. fi 178.75 neurin~ uflt'r noti.·e or rc•n•·

t'nlion.

(o.) No 1lcarfno held Jlrior to JWlicc of revocation, It the licensee dld not rcoue!it ll hearing on rccclpt. or the ttotlcc or cnn~ templatcd revocnllon of his llccnst', Fonn 440!1, but docs file 11 llmcty t'CCltll'!-iL

for o. heo.rlng agcr bring set'Ycd the notfcc ot :revocation, Form 4500, the Asslstan~ Reslonnl Commlssloner shnll

FEDERAl. REGISTEII. VOL 33, -NO. :1 !;'-WEDNESDAY, NOVEMBER 6, 1968

0242

0242

arrange for, nnd conduct~ a. hearing 1n aha.lltnclude a statement o! t.he flndJngs the mnnncr prescribed 1n 1176.74, exee.Pt and conclusions upon wh1ch lt ls baaed,

. that the place of hearing w111 be deter• including hls rullng on each proposed · mined ns provided bl( I 178.81, U, after flncUng, conclusion, nnd exception to tho heurlng, t.he Assistant Rtglonal Com-. examiner's recommended declslon, tomissioner Is still or the opl.n1on thnt tho gethcr wlth n statement of his findings llccnse should be revoked, ho will serve nnd conclusions, and reasons or basta final notice of revocation, Form 4501, on therefor. upan all mnterlallssues of fact, the Ucensce, with n copy of his flncUngs lBW, or discretion presented on the record. nnd conclusions. I:! he decides thnt tho A signed duplicate original of the decillccnse should not be revoked, h~J will so slon shllll be served on the licensee nnd notify the licensee, in wrltlni. o. copy contnlnlng certificate or service

 Hearing helcl pr£or to notice o/ shall be retained by Ute Asslstnnt Rerevacat1mt. If a hearing wn.s held prior glona.l Commissioner fpr his files, and t..he to notice of revocation. Form 4500, nnd original shall be placed 1n the officlo.l the licensee files n timely request tor a · record of the procccdlng. hcnrlng alter receipt or o. notlco of revo- § 178.79 Service on nppliconl or llcell8cc, cntlon, the Assistant Reg!ono.l Commis-sioner sl~all refer the matter to the hear- All notices and other formo.l docu-l I l d d 5 U mcnts required to be served on e.n o.ppll-ng exam ncr, o.ppo ate un er .S.C. co.nt or licensee under this subpart shall

3105, designated to preside over such heat•lng. The exnmlner eho.ll set a time be sea·ved by certified mall or by personal

"' 1 1 dellvery. Where service is by certified an~.~ p nee for the hearing and shnl serve mnll, o. signed dupllco.te original copy notice thereof on the licensee nnd the Assistant Regional commissioner nt or the !o1·mal document shall be mo.Ued, lenst 10 dnys 1n ndvnncc of the hearing with return receipt requested, to the update. Suck\ hcnt·~ng shalt be ~ond\aeted plicn-nt or licensee nt the address stated under the apllllcnblc provisions ot Port in his ll.l>Pileatlon or license, or at his 200 of t.hls chapter, including those with lnst. known address. Where service ls by respect to stipulations at hearings, evl- personal delivery, a signed dupllcnte dcncc, n.nd closing of hearings, original copy of the fot'mal document

shall be dellvcred to the nppllcnnt or licensee, or, In tlll! ciLSe of a cot·poratlon, pm·tncrshlp, or association, by delivering it to nn officer, mnnngcr, or ccneml agent thel'eof, or to its attot·ney of record.

§ 178.76 ltccommendctl dcdeion of hear• In~ e!lnanincr,

Within a J'co.sonn.blc time nrter the conclusion of a henring held as provided in D 178.75, and as ('Xpeditlousl,y as possible, the examiner sho.lt render a recommended decision, such decision shall become a pnrt of the record and, It proposed find1Dirs and conclusions hnve been tiled, sbo.ll show the examIner's ruling upon each of such proposed findings and conclusions. Dr:clslons shall consist or <s> a brle! statement of the Issues of fnc~ Involved in tl:e proceedins; (b) the examiner's findlnsa and concluslonEI, ns wen D.5 the telll!on.s and basis UleL·eror, upon all ·the material Issues or rnct.law or diSCl'etlon presented Oll the record; nnd (C) thO examiner's recommended determination· on the record. § 173.77 Ccrlificulionand II'Oitlmllllll or

record tnul recommended dccl11lon lo Uircclor.

Art4!r l'enching hJs decision, the examiner sha11 certify to tho complete record of the pt•oceedln" before him nnd ehall lmmcdlntely forward It, torether with two copies or his recommended dcclslan, to the Directot•, nud will forward two copies or his recommended decision to the Asslstnnt Reglont~.l Commissioner ro1· hls files. § 1 73. 71l Ucd .. iun or Dircclor.

rr. After conside1·nt.lon o! tho rcco1'd and the recommended decision of the examiner, the Director shnll approve or disapprove the findlmrs. conclusion. n.nd recommended dcc!s!cn of the exnm!ner. nnd he shall direct the A~lstant Regional Commissioner to J.ssuo o. final notice of revocation on Form 4501; or to lnroam the licensee that the license shall remain In effect. Any decLslon of the Director for the revocation or a license

§ 178,80 Iteprcscnlaliun ul 11 hearing.

An appllcnnt or licensee mo.y be represented by an attorney or other person recognized to pt•actlce before the Internal Revenue Service a.s provided ln 31 CFR Part 10 <Tt·easui'Y Department Clrculo.r No. 230), If he hns otherwise compUcd wlth the nppllcnblc reqUirements of ID ti01.52l-60 1.527 or this chapter. The Assistant Regional Commissioner may be represented tn Proceedings under D 17B.76(b) by an nttot·ney In the office or the rcglonnl counsel who Ia authorized to execute and file motions, briers nnd other pap~rs 1n the pmccedln~;, on behalf o! the Assistant Heglonal Commissioner. In his own name ns "Attorney tor the Government." § 176.81 De~ignnlt•cl )Jiuce of hearing.

The designated place of hearing shnll be such ns meets the needs or the pn.rtles: Provided, Thnt nny hen1·1ns held arter notice or cont.empln.ted revocation but Pl'lOI' to the notice o! revocntlou sho.1J hP. nt the office o! the Assistant Regional Commissioner. § 178.82 Opcrutiuns hy liccnto~c('ll oftcr

nolicc.

In allY cnsc where denial or revbcntlon proceedings nre pending before the Internal Revenue Se1·vicc, or notice of deninl or revocation has been served on the licensee and he has flied timely reQuest for a llCailns, the lieeusc 1n. the possession of the licensee ahnll rcmnln In effect. e·tcn though <n> such license hns expired or (b) the revocation do.tc specified tn the notice ot revocation on Form 4500 served on the licensee hns passed. If a licensee is dissatisfied with

n postllearlng decis1on revoking the license or d~nylng tllc application, as the <:nse may be, he mny, pursuant to 18 U.S.C. 923Cfl <3l, wlt.hin GO days nHcr receipt of the nnnl notice dcnylnr;: the application or revoking the license, me a petition for judlclnl review of sucl1 action. Such petition should be filed wlllt the U.S. district cou1·t !o1· the dlst1·1ct. In which tht! applicant or llccnsce resides or has his principal place of business. In such case, when the Assistant Regional Commissioner finds lhnt justice so requires, h~ may CU postpone the effective date o! revocation of a license or <2l nuthorlzc COJ1tlnued opcmtlons under the expired license, as nppllcnble, pending judlclul review.

Subpart F-Conduct of Business § 178.91 l'u:.tin~-: of lil'('ll~c.

Any license Issued under this part sllall be kept posted nnd kept. nvallnble for inspection on the preml!lcs covered by the 11cense. § 17G.92 lcl<.'tllifh•ntion o£ lin·urm~.

Each llcenscd manufacturer or licensed importer or any firearm mnnufnctured or impol'tcd on 01· 11fter the elfectlvc date o:! this part shnll legibly Identify ench such firearm by cn[!ruving, cnsl!ng, stamping <lmm·cs5lng), or otlwnvlsc conspicuously pll\cing or cnusing to be engraved, cnst, s~nmpcd < lnlJ)rcsscd) ot· JJlaccd on the lmme or l'ecclvet· thereof in a mnnncr not susceptible of bcln~.: readily oblltcmtcd, ultcl'cd. or t·cmo,•cd, (n) nn lndh,ldunl scrlnl ntunbcr not dupllcutlng nny scrlul number Plnccd by tho manufacturer or lmpor·ter on nny other flre11rm, (b) tile model. IC such cleslgnatlon has been rnndc, lc> the cnllbcr or gunge, (d) the nnmc lor recognized abbreviation of same> of the manufacturer nnd nlso, when nppllcnble, or the impo1·ter, <cl In the case of n domest.Lcn.lly made firearm. the city nnd State <or re-cognized nbbrcvlnllon tllcrcon wherein the licensed tnnnufncturcr malnlnlns his place or business, nnd (f) in the cnse or nn Imported firearm, the name or the countt-y In which manufactured nud the city and Slate ( ur recognized n bbr·c\•Jnllon thl'rcof 1 of the lmpo1·ter: Prot,ide(l, Thnt tile Dil'cclor mny authorize other means of idNl tlficatlon of LilC !Jcenscd manurnelllrl'r or lJCellsed importer upon recPillt uf IL' l Lcr lti>PllcnUon. Ill duplicate, from :wmc showing- l:\:--. such othc1· tdenllfkat i<>ll Is reasonable n ... ! wl!l nol hindt•r llu• t'ffcctlve ndmlnlstrn tlan nf Lhl:; part: f'p·ovldcd. further. TIJI\t In ~w.- ... ;1 ~c of a dPstructlve device, the Director n.ay n uthox·lze other menns of lctentifyln..:" thnl. weapon Won receipt of 1Ptter applll·ntlon,in dup!lcnt(', from tllC liccnseclmnnu!ncturcr or Hctntltd I tiiportc·r .shrn\·nu! that engmvlll~. cnslinJ.!, or stnmPill!J • irnPt'Cs..o;!ngl sucll a wenpon would be dangerous or Impracticable. A fin·nnn frnnw or receiver which is not n colnpull<'ll L ])art or n conllllcte weapon l\t tile lime it ls sold, shipped, or otherwise dJspo~t·d

fEOERAt RI:GISTER, VOl. 33, NO. 211-WEDNESDAY, NOVEMBER 6, 1968

0243

0243

.. , ..

1629-1 PROPOSED RULE MAKING

of lbya licensed numu!ncturcrorUcensed ~l:l:uUl be pn.ld by Cl) ~o.sh. or c:a> money o.nd whoso rifle or ~;llotr:::un has been los~ .lmpor~cr. shall be ld.entW.cd. a.s required r.Jrder or check mado payable to the In- or atolen or hns become iooi>CJ"n ttve In bf this uctlon. ternal Revenue Service. the State In which the licensed denier's

premises llrc located, 1r such person pn.~ § 170.93 Authoriu-11 ope:rnllosu L1 • lJ.,- § 118.96 Out-of-Stale and mall order Bents to the Uccnscd denier o. swoJ'll

ccn11ed coJieclor. 1

.. lcs. • statement, In dupllcn.te, ( 1) t.hu.t his rltlc Tha bcensc issued to a eoUector ot cu.. (a) The prov1s1ons of this section shn.ll or .~;hotgun was lost or stolen or became

rlos or relics under the p:rovlsloU5 of thb applY 1.n lUlY ca!le where n :firearm pur- Inoperative whfle parllclpntlnc fn sttch part shDJJ cover only transactions by tile ~based by or delivcrc~ to the person so n. match or contest. ot· whJJo ~mrngcd In licensed collector tn curios nnd rcnca, receiving tho firearm Is not othcrw!so huntlng, ln the State 1n which the HThe collector's ltccnse js o! no force or prohibited by the Act or this part. censcd dealer's business premises nrc ecre-ct nnd n licensed cottcctor 1s ot tbe (b) Allccnscd:tmporter.llccnscd mtln• located. (2) setting forth the munc und samt> stn.tus under the Act e.nd thl! pa.r:t u!acturer. or Ucenscd dealer may sell a address o! the onrnnlzcd rtno or shotr~un R8 a non.Uconsee wltb respect to (a) ILtti ni'earm to a person who docs not. appear match or contest, or the nnturc nnd locnncQu1e1t1on or disposition ot ftrenrml!l cr in person at the Ucensco•a bu.elnes.s prem- tlon of the hunting, nnd the Circum~ runmunJUon other than curfos or reltu, !sea U such person C1> Is a resident or the stances surrounding the nrenrm's loss or nn;r tranaportaU;..n, !1h1pmcnts. or re· same Stato ln which the llooruee'l!r busl- or theft, or the rcnson why the nrc:u·m ce1pt or firearms 0 :.. nmmunttlon other ne.M prcm!se!l nre located, nne!. (2) such ha.s become lnopernLlvc, nnd C3l idcn~ thlm curLos or rellc.s 1n interstate or for· lJCt'llOn subm.tta to the licensee tl1e ftre~ tlfylnli the chief lnw enforcement. om eeL' elsn com~ercc, nnd Cb) e.ny transnct.lom &l'lll.B trallBactlon record, Form 4473, rc- (sheriif, chief of t)QJicEJ, or pollee ')rcwlth nomtccnsc-cs tnvolvjng any tlreann11 qulred by 1178.124, Tho pcreon purcho.a- clnct captain> or the locnUty 1n which or ommu.nJtlon other tl~nn curios ot ing the nreerm. shn.ll attach to aucn rec- suc1) person !'esldes. Immcdlo.tely upon relics. .ord a tru& copy of any permit or other delivery of the rifle or shoi:.Run to such

1nformntlon required purautLnt to lUlY person. the licensed dealer shnll torwnrd §17&.94 Sulc• or dcU~cd~:~. between li· !ltatuto of the Stata and published ordl• n. copy o! the sworn stn.tcmcnt, by rctrls·

ccnt:c~a. · nn.nce applicable to the locnllt.y 1n whJch tcrcd mail, to tho chJcf lt1.w enCorcemcnt. An 1rr ~rter, tnanufndurer, dealer, or

collector oolll.ng or o~henviJ!e dJspasing or firurms or nmmuul~lon to nnother li· censoo shall vet1!y tlle Wentlty and ll· c::cnsed status or the tra.nsferee. Such vcnflc:ntlon shall be cahbllsbed by the tran:l!ei'ce furnJshlng ~~ tho transferor e. <:crl'.lficd copy ot th<J tran.slercef.& 11-ccnse e.nd by such oU:er means as the bam!eror deems necCESIU'Y· Each trane• fcrca .&hall obtD.ln o.nd lor make a eerti· ned copy of hls llccns•J !or such use lllll' .. 8Uil.l1~ to 1178.95. fi 178,95 Cc!rlllioocop,.ofU~cnac.

En.ch person llcem;ed under tho provi .. slol'l3 o! this part ahaU be furnlshed together wttb his Jiccuse a copy thereat tor hlJ ccrtlflMUon. II. ISUCh. n. PCI'$0n de• !llte!lll.tl. Jlddltlonal copy or bb llcell!e-:t'o:r certincat1on nnd for usa pursuan~ to 1178.!a4, he shall:

Ca' Mn.ke a reproduction of tho cop;y ot JljsJ1consc and execute sn.mo. or

CbJ Mnkll! a r,eproductlon of his 11· cense. and, 1r &It inc:llvfc!ual. tmter uPOn such reproductlr.n the statement: "'I cer• tlry that; this reproduction Is a true &nd. correct oCo.PY of my llconse."' and slgn his name adjacent thereto, or, 1f tho llc<!rte has been Issue<'. to a. cor;porntlon or other bWiiness cntlt:,•. a person authorized to net-on behalf c.rsuch corpo1·auon or other business flntlL'I shall enter upan auch re• production th a st11tcmcnt: ''I certify that thfs :rcprodur tton Is a. truo nnd eorraet COPY' or tho Ucense issued to this busLne.ss," and slgn hl.s name and title ndJa• cent thereto, or

(cl Submit o. reQuest. ~n wrUlng, tor tl.ddUJonal c:mles o! his license to the&· sls~nnt Rc~ionnl Commissioner tor tho Internal I:'CJenue region in which tbo license was Issued. The :request shnll ect rorf.ll the r:runc, trade nome (If any) ancf nddrc.ss or the Jlcenseo, ancl tho numbei: or copies or the ltccnse desired. There E!ho.!l be- l mpo.5ed a !ce o! $! !or e=.c!: copy o1 B llccnse Issued by the Assistant R<!sJonal Commissioner under the provislon.s or this pn.ro.grn.ph. Fee pnymcn.t. slmU ace ompony cnch such request tor nddU!Iltllal copJcs o! a license. such !ee

he resides. Tbe licensee ahn.ll Cl) prior to officer numcd by such person. T)lC !lhlpment or delivery of the Orcllnn to licensee shnll rctnln the orlclnnl sworn !IUch purchaser. lorwnrd by registered or statement, .nnd evidence of delivery of oortlflcd mall crctum receipt rCQuestc~> the copy thereof to the! chief lnw cnrorcello copy or the record. Form. 4473, to the mcnt officer, n.s o. pnrt ot the 1·ccords chief lo.w en:forccclent officer named on :tcqulred of him under Subpurt li or this such 1·ccord by the purchaser. and (2) de· part. lny shipment. or delivery of the firen.rm to tho purchaser tor a period of at le!Uit § 170.97 l..oun or renlal ut firc:urmll. 'J days !ollowLng receipt by U1e llcen.seo A licensee rnay loan or rent ll flt•ennn o! m the rcLurn rccclpt evidencing to any person for tempornry use tor delivery ot tho copy of the return. Form lawful:;portlng purposes: Provided, Th11t 4473. to such chief Jp.w enforcement om~ ·the dclLvcry of the :Orenrm to such pcrcer, or UU the return of the copy of the son 1.'f not prohibited by a 17B.99Cb) or return. Form. -44 'l3, to h!Jn due to tho I 1'78.99 <c>. and the llceJJSee records such refusal o! such chJef law enforcement lonn or rcntnltn tbe recol'd.'i rcquh·cd to omcer to a.cccpt;samc 1n acoordn.nco wlth be kept by hltn under Subpart H o! this lf.S. Post omce Department :reitJ]atlons. po.rt. :tbe orlatna.l record. f'onn 44'73, and cv1- § 178.96 Snlc• ol' •lelJvcrl<'ll ol de,.trn~. denceof rcceJpt or reJection of delivery of t.lvc dcviceJtmd certulnlirellnns, the copy ot the return. Fona 14.13, sent to the chlet low enforcement omcer shall "l'he snle or delivery by n. licensee ot any be retntncd by t.he licensee o.s a part of destructlvo devJc:e, mllchlne gun, shortthe recorda reQujred ot hlm to be kept barreled shotgun, or shor~-bnrrcled rlnc, under the provlslons o! Subpart H of this to any person other thnn ~mother llccnscc part. who t.s Uccnsed under thls part to re

(c) A llcel'U!ed importer.Ucenscd mmn- celve such device or firearm. 1s r,rou!llcturer. or licensed dealer, may sell or hlbltcd unless the person to receive such deliver a rjfle or !lhotgun cu. Hcenacd col~ dovlce or .firearm hns In his possession n lector may sell or deliver a rifle or shot- sworn statement, ln triplicate, cKceuLcd tJWl only 1f lt Ian. curio or relicl too. r!lsl- by the chief lnw cn1orccmcnt officer dent of a Slo.te conUguow to the State 1n (shci'JIJ, chlet of pollee, or pollee precinct which the Jfconse!c'a place of buslncs.s Is. capto.tnJ of the location wherein such located It the purchnser's St.nte of real· person resides, attesting tl1nt (n) Lllcrc dence penn!ts auch snle or dell very by 1s no :provision o! lnw, regulation or o•·culaw. the sale fully complies with lhe legal nnnco which would be \/loin ted by such -:ondltlons of sale in both such conttgu. person's rccchJt or po:;.;c.sslon then1of. OWl states, nnd the purchaser and tho and tho.t such ch!d law cnforceml!nt. Ucensea havo. prior to the sn.le. or dellv- officer is sntlsfied thnt < D the rccctpt. o1· ery r:or sale, or the rifle o1• ehotQUn, com· possession of the dt:st•·ucLLve device. rnnplJed wlth all the J:equlremcnt.s of c:blno sun, !'.ihm·t.-bnrrcled shotgun. Olllnrnaraph Cb) of this asectJon nppllcn.blo shorL-bnrrelcd rJfie Ia Intended for lawto intrastate transactions oc.curring on ful uumoscs by the llfll·son pm·chnslng o1· other than the llccnsce'111 buatncss oUtcrwJsc o.cquh·tnc such device or v.:c:uppremlses. on, o.nd (2) there ls n rcnsonnblc uccc.s~

Cd) A licensed dealer may !leU to any slty for such person to &mt·chnfie or otllcrP!lrson who Ia & resident ot 1\ Stntc other wise acqulre the devlco or wcnpon. nml thu.n the Sl'.il.oo in which ihe iLcen.scd (3) that; such Person's rocei&Jt oa• ponscsdenler•s premises arc locaLcd. and who 1s slon of the device or wcnpon would not Lle po.rllclpnting ln anY organized rine or 1_nconslstcnt wlUl pnbllc snfcly. Such shatglUl mlltch or contest, or Is engaged sworn statement shnll be dlsll'lbutr;>d In !n hunting, ln the State in whJen t.he accordn.nce wlth the pz·ovislons contnJ11cd Ucenscd denier's premises arc lccntcd, in Vart 119 or this chn!llcr, Mnc:hlnc

fEDERAL lEGISJU, VOL 3 J, NO. 217-WEONESOAY, NOVEMBER 6, t 961l

0244

0244

, PROPOSED RULE MAKING 16295

Ouna and CcrtaJ.n Other F.lrenrm& Tlle sl\le or dellvery of the devica or weapon sl1o.U not be mo.dc untll the appUca.tlon for t.rn.ns!cr ts RPPl'Oved by the Director r.nd relurned to the llcensce (tranafero&:_). o.s provided In Part 179 of th15 chapter. § 178.99 Clrl~:~in l•rohillitcd •alct or de·

Uwcrie..

posltlon. unless the 1mparter, rnr:mufac· . turcr, dealer or collector knows or has reasona.ble causo to bcl!eve that th& pur· ebaso orpos,sesslon would not be In v1ola.t1on of such State law or such published ordlno.n.ce.

(C) A licensed Importer. llcensed mo.nufacturer, licensed dealer, or llccnsed col~ lector ~nU not sell or ot11erwloo dl.5ttoso of any firearm or amtnunl tlon to any person knowing or hn vlng teaoono.ble causo to believe thnt ~mch person (1) fB except a.s provided Wldcr § 1 '18.143, under indictment for, or, except ns provided under 1178.144, hM been convicted 1n any court of a crime pun1shnble by lm· pr1Bonment !oro. tcnn exceeding 1 Ye~Ar, (2) 18 a fugitive from jU.'ltlce, <3J ta an unla'Wful user of or addJctoo to mart ... huann. or any depressant or sttmUlant drug (as defined In section 201<v) or the Federal Food, Drug, and Cosmetic Act>, or narcotic drug (UJJ deflned In section 4731 Ca.) ot the Internal Revenue Codo ot 1054>, <er (4) hll.!l been ndjudlcatcd ns a mental defectlve or hiiB been committed t.o u.ny mcntallnstltutlon,

(a) A licensed lmportcr, llcenaed manurn.clurer, or licensed denier, or llunsed collector 8hnU not sell or dellver any fire· o.nn to anY person not llcenscd under. this part, or the Federal Flrca.rm5 Act, and who the licensee knows or has reasonable cause to bellcvc does not reside in <or lf a corporation or other business Qntlcy, does not mn1nta1n n place of bus1nes.s In) the Ste.to ln whlch the llcensee's p]a.ce of business or netlvit.Y 111 located: Prov£decl, Tho.t the foregoing provisiODJJ Of this PAragraph ( ll shall not o.pply to tho so.le or delivery of n. rlfio or 11hotgun Ccurlo or relic, ln the caso of a. Ucensed collector) to a. resident or a State con• tlsuou.s to tho Stnto 1n which tho Hcenacc·s plnco or business or n.cUvlty 111 lo• en ted If the purchnscr's State or res!dencc pcnnlts such sate or dcllvecy by le.w, the § 178.100 RccGrd or tr11.ns"clions. sale tully complies wil:.h the legal condl-· Every licensee sbnll malntaln firearms tlon.s of sale 1.n both such contiguous records in such rorm and manner a.s 1s States, and the purchaser o.nd the Ucen- prescribed by Subpart H ot thi.D part. !lei! have, prlor to tllc sale, ot.cl.cUvery for Subpart G-lm~ortation ante, or the rifle or shotgun. complied r Wlt.h the requirements of § l'J8.96(b). (2) § 11fl.lll Cencrnl. el1o.ll hot npply to the loan or l."enta.l of (a) Section 922(a) (3) of the Act a flreo.rm to o.n:v person for temparocy makes tt unlawfUl, With ccrtnln excep\lse for lawrul SJlOrtb\g purposes, and (3) tlons not pertinent here. !or any person shall not preclude nny person who b other than u. licensee, to transport Into P3rtlclpa.ttng 1n any organized. rUle or h s h h ld tho~ ..... - match or contest. or is engaged or recelvo 1n t e tate w ere e res cs

ooa ... • any 1\rearm purchased or otherwise ob· ln hWltlng. In a Slate other th£1'11 lll5 ta.lncd by hlm outside ot that state. How· sta.te of residence o.nd whom rlfte or ever, f!ectton 025 en) < 4, provld!!s n limited 8hotgllll has been lost or stolon or ha5 exception for tho transportation~ shlpbCoome lnopcro.tlve in sucn other Btatrt, m nt r eelpt or lrnportatfon of certain from purchasing a nflo or shotaun 1n e • e tl b laln IJUch other SW.te from a llcerucd dealer 1il'Cal'Ill8 nnd nmmunl on 1 ~r UPOn Prcscntat.ton by such person to such . members ot tho United States armed deo.lcr a sworn statement. fn dupltcate. force,. Section 022C1) ot the Act mLlkcs (i) tho.t hls rlRe or shotgun was lost. or it unla.w!ul tor nny person knowingly to stolen or became inoperative while par- Import or br1mr Into the United states ttclpn.ttng: In such e. match or contest or or a.ny possession thereof any firearm or while engaged tn hunting. In eueh other ammunition except a.s J)rovlded by sccBta.tc n.nd m> identifying tho chtcr la.w tion 925(dJ of the Act. which section pro· enforecment om~r <sherUf, <:btcr of vldea sto.ndards !or importing or bringing pollee or pollee precinct captain) of the flrennns or nmmunltlon Into tho United loca.Uty tn which such person resides (for Stntes. Accordingly, no firearm or amsuch dealer's disposition of suCh sworn munition may be Imported or brousht statement, see a 178.96(d)). Into the United States except as provided

 A licensed 1m porter, Uccnecd man· by thls part. urneturer, l!cen.sed dealer, or llccnscd <b) Where a firearm or ammunition Is collector shnll not tlcll or detJver (1) any Imported and the authorization !or 1mfirearm or nmrnW1ltlon to any tndividual port.atlon reQuired by thls subpart has who the ImpOrter manufacturer dealer: · not been obt.alncd by the person lmporto:r collector knows or has rewnable lng same. such person shall: causa to beUevc is less than 18 year1 of (1) Store, o.t his expense, such ftrenrm ngc, and, II the .fit•cn.rm. or ammunltlon, or ammunition at a !acllity designated Is other thnn a shotsWl or rifle, or om- by U.S. Customs to awalt the issuo.nce o! munt.lon !or n shotgun or rlfiB, to an:v the reqUired nuthorJzatlon or other lndlvlduo.l who tha Importer, mn.nU!ac- disposition; or turcr, dealer, or collector knows or has (2J Abandon such fircnr nor ammunl-rensonnblc cause to bcllevo is le!lo! tha.n tJon to the u .a. Government; or 21 years or ngc, or C2) any firearm or (3i Export such iircarm or ammWll· o.mmwtltlon to nny person In nny Bto.te where the purchnse or posses.sJon by euch tlon. t)(lrson of such firennn or ammunition § 178.112 lmpo11111ion !1y 11 lic~nne11 Jtn. would be ln violation of any State law or t~rtet". o.t1y published ordinance o.pplJeablo at Ca> No flrcnrm. or ammunition Bho.ll be the plnce of snle, dcllvcry or other dis· lmported or brought Snto the Unltcd

Stn.t.cs by n licensed 1mpolier (as defined in § 178.11) unless ( 1> tf 11 Orcarm, I i is identified ns required by this part, nnd (2) the Director has authorized the lmw portRtlon o! the 1lrcnrm or nmmuniUon, or (3) the :nrcann or nmmW1ltlon ls llslcd on the Importation List compiled uy t.hc Director ns prov!dcd by parns-rnpll <c> cr thls acctlon.

(b) An nppllcatlon for n permit, Ftn·m 0 <Firearms) I to Import or Urln~ P. nrcarm or nmmuniUon lnt<J the Unllcd states or a possession Lhcrcor under this section shnll be filed. In trlpllcnlc. with the Director. The nppllcnuon shall contntn (1) the name, address, and 11ccnse number o! tho impo1·tcr, (2) n dcscrlpUon o! the flrcCirm or nmmunltlozl to be imported, Jncludlllg lypc Cc,g.: rifle, ahotcun, Pilltol, revolver>. model, cnllbcl', slZO (If nmmunHion) or gauge, barrel length (If a firearm>, country or manufacture, and name of the manufacturer, (3) the unit cost or the flrcann to be 1mport.cd, C4) the counlry from which to be Imported, (5) the name and nddrcss of the foreign seller and the foreh.:n shipper. (6) vcrlficaUon Lhat 1f a fircnnn, 1t will be ldenti.[Jed ns required by this pnrt, and <7> (l) lf imported or bmu~,:ht in for scientific or l'CSOI\rch PUnlOscs. n. stn.tcmcnt dcscrlblnr:r such purposes. or Clll if for usc In connection wlth competition or tr.o.lnin[! pursuant. to chapter 401 of title 10, 'U.S.C., a statement describing such Intended usc, or UU> ll nn unscrvlccnble firearm (other than n mo.chine gun) bclng imported ns a curio or musewn ptcce, n. ucsertptlon or how 1t was rendered unscrvJcooble nnd nn ex~ pln.nn.tlon of why lt 1s n curio or museum piece, or Uv l 1! a fircnrtn, other lhan n .tiurplus m1Utlll}' firearm, o! n type that docs not fall within the definition of n firearm b:r section 5645Cn) of the Internal Revenue Code or 1D54, nnd Is for spartlng purposes, an explanation ot why thc applicant believes the fircannls &cnerally recognlzcd ns parUcularly sui table !or or readily adaptable to sporting purposes, or <v> 1f ammunition being imported !or sporUug pu.-poses, a st.nt.cmcnt wh.v the applicant believes lt ls ~:cner.ally recocnlzed as pnrtlculo.rly sult..nblc fo&· or readily nda]Jtable to spoJ·Ling purwscs. In dctcrmlnln~ wl1ethcr n 111·earm or ommunition 1s partlculnl·ly sullnl>le for Ol'

readily adaptable to sporlln~ put'l>Oiies. the Director may seck the recommendation ot the advisory bon. I'd n uthorlzed by paragraph <c> ot Lhls section. If lhc Director npp1·ovcs the uppl!catton, linch api)rovcd nJmllcntlon shnll serve us Lhc permlt t.o import the firearms or ammunition dcsc1·1bcd therein, nnd lmportn tion of such flrcnrms or nnunullit!on mny continue to be made IJy Lhc licensed in:port.cr under tllc approved nppllcntlon (permit> dul·lntt t.hc period Sl>cctned thereon. The Dlrcct.or sho!! !urnl,;h th;J approved nppllcntlon (J>crmitJ to the np. pllcnnt nnd retain two copies thereof fot· administrative usc. It the Dlrcctol· dls:lPproves the nppllcntlon, the llccnsl·d Importer shnll be noll!lcd o! the IJn.\ls fur tho dlsappro\'111.

RDERA.L lEGISTU, VOL 33, NO. 217-WEDNESDAY. NOYEM!!£A,6, 1968

0245

0245

16296

Cc) Tho Director may compile- 'an lmJ)ortaUon Lis~ of fuenrma nnd .amtnunltton which he dctcnnlnes to be aenerniiY rceoQnlzcd e..s particularly su.Jt.ab!e !or t~r readily ade\lltable to sportlnl& pUJ'l)t)ses. The determlna~ton of the Dlrt-ctor thn' a firearm or RtnmunU!on Is genera.Uy rec~gnized t<> ba tJO.rt1eularly aultabl& for o:r readUy ado.p to blc to sporting pur:poses may be made wJth tho nssista.nce ot' nn adrlsory board to bo nppoJnted by the Commissioner. such board may be com-· wsetl of ~rson.s from wlthln and without s.a.-ernmcntnl ngencles who are reeognt:z;ed. as beln[l pn rtleularly knowledgeable in tho usc and elassJficatlon of tlremrms and o.mmunllion. No ftrennn ahall be J)laced on the lmporto.tlon Ltsf, unless Jt is found thtlt (1) the caliber or g&U!JC of tl•e firearm Ia strltable for usc 1n n reeognlzeo:l shootlng .sport, (2) tho tyoo o:f :nrcertn ts generally rca>gntzed M- particularly suitable !or or rcncUly adn.ptable to such use, nnd (3) the use of the :fire~ arm in a. recognized shooting .&pert. wm :no~ endanger the person using Lt due to deterJoro.tion thmuab such 1lse or be .muse of lnfcrtor workmnnshlp. ma'l.er1n.Ia or ,design. No ammunH!on shall be ptaced oen the Importation List unless &t Is found that m the caliber, size or gnuze .at ~a ammunition Js autta.blc tor usc Ln a rec· cgnl2:ed shooting sport, uo the tYr:lC or ammunition Is generally recocnlud M ]Jt~.tUcularly sui ~o.bJc !or or rendlly nda.pt~ abte to ,;uch us~. !L"ld (J!i) the use o! the ammunition 1n 11 rei:OgnJZt!d ~Shooting sport. will not CJ1dnnger the person uslng H.

(c;l) A nrct~tmor ammunition. Imported cr brought into the United States by o JJconsed Importer may be released from customs custody to tho licensed Importer upon his showlns that he hll.!l obtained a pcnnlt. from tim Director tor tht) ImJjOrtntfon ot th~ ftreann or ammunition to be rclen5ec:l, or that the flret~rm or ammunition nppenrs on the lmporlintlon List. ln obtalnJng tho relci!.Se from customs custody of n ftreann or nmmunltiiJn a.uthorlzed by this section to be lmlPOrted through use of a permU or because the firearm or ummunltlon appears on tbe lmportoLlon Llst. the llc:ensed Importer shall prepare Form 6A CFire• enns>, In duplicate, o.nd furnish the original Form BA tFJrcnnns) to tbtt CUs· t.oms omccr relcnslnK tho firearm or nmmWlltlon. The Customs officer shall. after ccrtUlcntJon, forward .the Form 6A ~Fircnnns) to the Assistant Regional Commissioner !or the region wherein the Jlcensc.:t lmport<!r malntallllJ .hi$ place or business. Tho Fonn 6A (Firearms) shaLL show the name. address. and license number of the lrnpot-ter, the nn.rno ot tho mnnutncturer ot the ftrets:rm or nmmunltfon, the tountt:v of manufacture, the type model, and cnJiber, size ~If ammunlUonl or gauge. anct the number ot Orearn1s or rounds of nmmunit.lon r~leo.scd.

Cel Within 15 days of the date of re-1-ense !rom customs custody. thclfccnscd :Ll!lpo.rt.{)r !:!h!!U c o rarwnrd to f.h<e A~t~ ant Regional Commissioner o copy or Fann 6A <Fircanr..!i) an which. s:bn.t! be reported any error or discrepancY ap-

PROPOSED RULE MAKING .

peo.rLng ora the Form 6A CFh:carms> certJJled by Customs. (2) pursuant to J 1'18.-92. plo.ce nll required identlfico.tlon data on each 1Jnported ftreann If same did not bear such idcntlfication dilt.a nt the ttme of Jts release !rom customs custodY. n.nd <3> post; In the records required to be mo.Lntalned by him unc!er Subpart. H of thb part, all required lnCormatlon regarding the importntlon.

§ 178.113 lmporlntlou Ly odtcr ll· ~CR!I4.!CI!.

(a) No person other tl)tm a llcensed ImPorter ens defined 1n 1178.11) shall engage Jn tho business or lmporUnK fire· nrllUI or ammunition. Thcrc!ore, no fire~ arm or ammuntton shnll be Imported or brought. Into the United States or n posscsslon thereof by nny licensee other than " lJcensed importer unless the DIrector issues a permit nuthorlzlug the lmPortD.~lon of the firell.Lm or ammu• nltlon.

ib) An application tor a. pcrmtt, Fonn a CFJrearmsJ. to fmport or brtng a fire~ o.rm or ammunition into the United St!l.tes or o. possession thereof by a licensee, other than a lJcensed importer. sba.tt ba filed, In trlpllc:n.tc, with the Dl· rector. The appllcntton shall cantnln (1} the name, address, and ~he license number of the nppllcnnt, <2J a description o1 the ftrermn or ammunition to be 1m· ported. b'lcludJng type Ce.er.: rifle. shotgun, plstol, revolver). model. caliber. &tze d:f ammunition) or gauge, barrel Iengtll Clf a ftrca.rml, country of mnnurncture. and name or tho rnanurncturer. C3) theunlt.costor thcflrcnrmore.rnmunitlon to be imported, (4) the name and address of the toreJgn seller nnd the torclgn shipper, C5) tJ1c country from which the firearm or ammunition Is to bo Jmported, (6) except; as provided In }laragraph Ce) of this .sectlan, vcrtftcatlon that the fircann to be imported wlll bo lctent!fied as required by this part. and <'2> (I) Jf tho fircann or nmmunltfon is being imported or brought In tor scibntlflc or ~:csenrch purposes, n &tntement describing such JlUi'.i)oses. or (II} it for use Jn connection wllh competition or tratnlns pursunnt to cllnpter 401 of tltlo 10, u.a.o., a statement de5eriblns such intended use, or C11D 1! an unservlccnble firearm Cother than a machine aunl being Imported ns o. curio or museum pleec. a dcscrlpt.lon of how lt wns rendered unserviceable nnd an cxplann.tton of why 11; Is a. curlo or museum plccc, or Uvl 1! n firearm, ether than a surplus mllltnry firearm, of n type: thnt docs not. !nll withIn tl1e dc:finltton of a firen.rm unci~.~~· 58f5(1al of the Internal Revenue Code ot 1954. nnd Is Cor sporting purposes, a.n explnnat!on of why the appllcnnt believes the fircnrm Is gcnern.lly recognized as partlc:ulnrly sultmblo !or or readily adaptable to spo1·ttng purposes, or (V) ii nmmunltlon being Imported for SPOl'tinll purposes. a statement wby the applicant believes it Is scncrnlly recognized ns port.a..;nlarly sultnbJr ror or readily o.daptubla L'"• BporUng purposes. U the uJrC«:tor approves the nppllcation, such approved appi!'lntlon shall serve as the permit to Jmport the 1}renrm or ammu-

nltiou dcscrlbecl t1Hl1'cln. The Director shall furntsh the nppro\•cd nppttcnUon CpenniU to the allpllcnt\t nnd retnfn two · coplcs thereof for ndmlnlstrntlvc use. If the D1rcctor dlsO.l)l)tovcs the oppUcntlon, the applicant sl)oll be notified ot the basis for the disnpprovnl.

(c) A tlrcrmn or o.mmunltlon tm!J()rtcd or brought into the Unlted Stn t.cs or o. possession therca.f under the provlslons of thls section uwy be released ra·om Customs custody to the nccnsec lmr)QI'tlng th& fircnnn or ammunition upon his showing thnt he bos obtnlllcd fl ()CJ"mlt from tho Director tor the impol·tntion, In obtaining the rclcnsc or the flrea.I'Dl or o.mrnunltion from Customs custody, tl1c licensee importing sn.mc shall prepare Fonn 6A <Firenrms>. In dupllentc. nnd furnish ~he o&·Jglnnl Form GA <Flrc!\rms) to tho Customs officer relc1L.slng the firearm or ammunition. The Customs officer ahnll, nr~r certl!lttltJon. forward the Form 6A (PJrenrlllBl to the Assistant Rcglonnl Commissioner for the rcgton wherein tho licensee ln1J>ortlng the flre. arm. or c.nununlLion mnlnt.nlns his 11-ccnsed premises. The Fol'ln GA <Firearms> sho.ll show the lllllllC, address, nnd tha 11ccnse number of the tlceuscc. the :nnme of the mn.nufnct.urcr, the country of mnnutncturo. nnd the type, model. Rnd caliber, size Uf ammunition) or gauge or the firennn or nmmun1tlon so rcl~nscd, and, 1f nppllcn.blo, the numbor of fireaTm.$ or x·ounds of ammunHlon rcl<mscd.

Cdl Wlthln 15 dnYs o! the dn te of release from customs cust.ody, the licensee Jmpartlna the fit'cn11n or nmmunltlon shall (1) Jn the case of nn lmpot·tcd nreo.rrn, ptnce nll req,ull·ed ldcntlficntlon d:ttn required by this pa.rt !except ns J>rovldcd Jn parasroph (e) o! this sectfou} on the firearm If the tlretarm did not po~scss .such ldcntlficotlon dnLn. nt tile lime of Its relca.se· from Customs custody, nnd (2} forward to tha Assistant nc~ionnl Commissioner a eOl)Y o! Form 6A <Fin~nrms > on wll!ch shall be t'4l[)Orted nn:y cn·or or di.sercpo.nc:y nppcnrhlt: on t.hc Form GA <Fit•carms> cei'tUied by Customs. nnd the ldentlficntlon scrlnl llumllcr of the nrcarm or tho 1dcntlfylllg ntfltks ol tlle nmmunltlon. Whctt a flrcnrm itnJJortcd Under the provJslons or thls scctlon docs not possess an ldentl!yhlt; scrlnl number at tho time of its rclcnsc from Customs custody, the licensee lmportin~; such fire• ann shnll obt.nln nn lcl(mtflylmr scrhLI number !1·om the Assistant ll('({lonal Commissioner.

(e) Notwithstunding lhc ldentlflcatlon raquh'emcnt.s of ~ 178.!12 a flrenJ·m lmpoit:d or brous:ht Into t.hc United States or u possession L~1ercof under Lids sec· Uon shnll not be rcqull·cd to bear the na.me, clty, nnd SLnt.c of the licensee so lmportlnr; or brim:rlm: In t.hc flrclll"lll.

§ 178.1 l·J lmtwrltali .. u lty rtwml11•u u( tho U.S. J\rrut·tl Furl'('~<.

<a.> 1-'or the J>Urf•oscs of this st."cLion, n} ii. mo::ml;icr ui ~he u.s. Armed POJ"CC$ on active duty shall be considered to be a :resident or the Stntc Jn wl1Jeh his permanent duly station L'> locnlcd. nnd

FeDERAl IEGISTER, VOL J3, NO. 217-WEONESOA't', NOVEMBEl 6, 1968

0246

0246

.. ·,

, ..

• . "··-~·.r ..... ~ q·· "~ ·-;;~:o~n•.. ~ ~ (2) tho term "UnJted State.!!'' when used . 1stmtlve pUrposes, It the Director dis• fn other than "United States :Armed I npprov~ the appUeatlon. tho appllca.nt Forces" shall mean each of the several. she.U be notlftcd of the bn.st.s for the dlaSta.te.s and the Dlatrlct. of COlumbia.·) ... : ·.i.' approval

(b) The Director ·may IssUe. a. ~Wrmit (c) Upon receipt o! n.n approved ap-nuthorlz!ng the Impartation o! a firearm pllca.tlon <permit) to imJ>Ort the fireo.rm or nmmunitlon Into the United Bto.tes to or ammunition, tho appllcnnt shall prothe plnec of residence ot any member cccd in aceorda.nce with tho provisLons of the u.s. Armed Forces whe> Is on ac- oonta.lned In§ 178.113 (c)-(c). However, tlve duty outside the United States, or where the appllco.nt 15 on acUve duty who has been on o.ctlve duty outside tho outs.tdo tho United States, he may apUnlted Statc.s within tho 60-daY period point, In writing, an o.gent to obta.ln the Jmmedia.tclY preceding the intended 1m.. telea.so of the firearm or ammunition portatlon. An appllcntlon tor such a. ner:!. from CUstoms custody fo1· him. Such hllt, Form 6 <Firco.rms>, shall be fUed.. agent shall present sufficient J.dentlflcafn trlpllcate, wlth the Director. The aP-. tlon of himself e.nd the written author:pllcntlon . .shall contain ( 1) the name Wld lzatlon to act on behal! ot the appllcant current llddress of tho o.pplleant. (2) to th~ Customs omi:cr who 1s to release certification that the tra.nspart.a.tlon, ro· tho firearm or ammunition. Such agent ccipt. or possession ot the firearm or llhall o.lso be responsible tor ensuring" o.mmurut1on to be imported would not that aU provis1otl3 contnlncd in D 170.113 constitute u vlolatlon of any provision (c) -<e> a.re fully met. of tho Act, Title VII of the Omnibus § 178,115 Excmpl hnporlnlion. Crtme Control and Sa!e Street..!.'! Act of 1968 (82 stat. 236), or of any state la.w · Ca> Flreo.rms nnc.t wnmun1tlon mo.~ be or local ordlna.nce at the plnce of tho brought lnto the United states or BDY nppllcant'.s residence, (3) a descrJptlon possesslon thereof by any person who can ot the firearm or nnununtt1on to be 1m• cstabllsh to the Bat4sCaction or CUstoms ported, including typo <e.~r.: rtne, shot;.; tha~ suc:1 nrea.rm or wnmunltlon was gun, pistol, 1·evolvcr>, model, caliber, atze previously taken out o! tho UJutcd States ut runmurutlcn> or gauge, barrcllensth or AnY possession Ulcrcof by such ci! m firearm>. country of mnnuttlcture, person. and :n.n.mo of the manufacturer. (4) tho (b) Flremm.s n.nd a~rununltlon may unit cost ot the firearm or ammunition be Imported or brought into the United to be Imparted, (5) the name and ad- States by or !or the United States or dress of the !orcJgn seller Clf appUcable) o.ny department. or agenc1 thereof, or and the !orDign shipper, (G) tho coun.. any State or o.ny deJJo.rtment, agency, try !rom whlch the nrearm or 'ommunt• or polltlcal subdivision thereof. A ftretlon 15 to be lm.POrted, ('l) verlfica.tton arm or o.nununitlon lmportesJ. or brought that, 1t a ftrearm, proper identification Into the UnJted Statc::s Wldcr this paradata wlU be PlBced on tho :Orea.rm, <6> m groph may be rele-ased from Custorru that the firearm or IUllDlunjtion bel.ng custody upon n. .&how1ng that tha fire· Imported Is tor tho persoJlal· use ·ot ann or o.rnmun1tlon Is bclng Imported or the appllcant, nnd tf the ftrcann brought into the UnJtcd States by or tor Is being imported tor SPOrting purpost'.!, such a governmental entitY. . a staLtcmcnt thP.t tho flreann 1!1 no; a · (c) 'l'he provisions of tws subpart mrplus· m111ta.rY flrea.rm, that It· does ahaU not apply with respect to the 1mnot !o.ll within tho definition of a firearm portatlon Into tho United Stn.tca of any under 5U45(a) of tho Internal RevenuQ ant1qucfire~ . Code or 19M, n.nd an explano.Uon of why § l7lU16 Conditionallmporlallon. the applicant beUcves the ftreB.nl1 fa gen. erally recognized as particularly eUltnble Tho Director may permit the condl· tor or rep.djly adaptable to sporting pur• tlonBI impol-tat1on or brlnS'lng into the po:ses, or (lli) 1r ammunition belng 1m.. United States or nny possession thereof pOrted tor sporLfng purpose3, a statement of any :ftreann or ammtmltlon for tho why the o.ppllciLtlt bellcvc.os tt J.s generally purposo o! exrunlnJng a.nd testing tho recognized 03 particularlY aultoble tor · flrearm or nmtnunltlon ln conriectlon or ren.d11Y u.daptablo to sporting purposes, w!th making a determlna.tlon as to or Uv) If a fu·en.rm being imported as o. whether tho lmpertntlon or bringing ln type determined by the Departmen,t of of such firearm or nmmunit!on will bo Defense to be normally clD&SlOcd a.s a authorized unc.ter this part. An nppllca.we.r souvenir, a copy of such determine.• tlon !or such conditional Importation tlon or other proor or evidence of such sha.U bo flied, 1n dupUcnte, with the Dldceerinlna.tlon, and co> the appllc!Ult's rector. The Director may lm.POse condl ..

· do.tc of birth, Ills rank or gro.de, hilt place tfons upon any importation under this of residence, iUs present forefgn duty section lncludlug o. requirement that tho station or his last foreign duty station, 1lrearm or ammunition be ah,1pped dins the c:a.sc mny be, the date o! his rea:~• rcctly !rom cuatoms e;ust.ody to the Dlslgnmcnt to a duty station· withJn the rector. und that the person tJnportJng or United States. j! applicable, o.nd the brlnsinB In tho firearm or ammunition mllito.lY bran~h ot wh1ch he 1s a. member. must agree to cJthcr export the firearm It the "Director opprovcs the appUcat!on, or ammWlltlon or destroy same If a .such approved application shall servo as dct.ct'rrtJn!!t!on !s made tha~ the firearm ihe permit to lm:port tho firearm or am- • or ammunition may not be imported or munJtfon described therein. The Dlrcc- brought In under this part. A firearm or tor shol.l fua·nlsh the approved appUcn- ammunition Imported or brought into tjon <permit> to the applicant a.nd slulll tho United Stntcs or any possession retain the two cop£cs thereof !or Q.dm1n· tllcrcof under the prov!slons of this sec-

16297

tton shnll bo rele~:.-:cd f:rom Cm;torns cus~ tody In the manner prescribed In the conditional authorlzntlon Issued by. the DIrector.

Subpart H-Records § 178.121 Gcnern1.

(a) The reCQrds prescribed by this part shall be ln pcnnnnent form, and shall bo retained on the llcenscd premises in t11c manner prescribed by th!.s subpn1·t.

(b) Intcmnl revenue officers mny enter tho premises o! any licensed Importc1·, licensed manuCnt~iurer, licensed denlC'l., or llcensed collector lor the purpose of examining or lnspcctinp: uny record or docwnent required by or obt.Hlncd under thi13 pnrt (see § 178.23). Sec llon 923 c g) o! tho Act requires licensed jmJXJrt.!!"rs, Ucensed manufacturers, Uceitsed deniers, and llcensed collectors to mnke such records avo.lluhle for such cxnminnllon or in.spcctlon at nll rensonable times.

(C) Each licensed lmpartcr, licensed mnnu!ncturez·, licensed dealer. and 11-c.enscd collector sho.Jl mnlntnln such records o! importation, Jlroductlon, shipment, reccl!}t, sale, or other dis(>Os1tlon. whether temrwro.ry or permanent, or firearms and ammunition ns the regulations contained In this pn.rt prescribe. Section 922<mJ or tile Act mo.kcs it unla.wful for nrl.y Jlc~:nsed importer. licensed manu!acturcr,llccnscd dealer, or llccnscd collector knowingly to mo.kc any fnlse ,entry In, to rnu to snn.kc fiPI>t·oprlnte entry In, or to fu1] to properly mulntnln nny such reco1'd. {1178.122 Records muintuim•tl hy im•

JlOrlcra, <n> Ench licensed Importer shall,

Within 15 daYs of tl1C date o! Importation or other acqulslllon, record the type, model, caliber or gau~;:e, manufacturer.

·country of mnnufncture, and the serial number of ench firearm he Imports or otherwise acquires, and t.he date such 1mporto.Uon or other ncqulsiUon was Jna.dc. Each Hcenscd lm11ortcr shnll, within 15 days of the date of 1mpo1·tatlon or other ncqu1sl~ion, record the type, callbet". size or gnugc, manufacturer, country of manufactul'C, serial number (If nny), and nny other ldcntl!ylng mm·ks or the ammunition he impm·t.s or otllcrwlsc acQuires. and the dnle such lmportutlun or other ncquJsltlon was made.

(b) A separate record of 11renm1s nne! ammunition disposed of by n llc<'nse<l importer to anotber licensee shall be ma1ntn1ucd by the licensed lmPol·ter on his licensed premises nnd shall ohow tho quantity, type, mnnu!act.urcr, country o! manufacture, caliber, size <lr nmmunitlon> or gnut;e, serial number taud In the case or ammunition, the ldcntirylnr. marks), and the nnmc, nddrcss. license number and the method or vcrlfyln1~ tiH~ licensed status of the Hccnsee to whom the flrcntms nnd nnunun!Llon WC're

transferred. The informntlon rl'qulred bv this paragraph shnll be <'ntcrl.'d Jn a per-~ manent record book not later U1an the close of the next busllltiis dn}· fullowln;{ the daLe of the transaction, rwd such Information shnll be rccot·dcd u nclcr the !ollowfnc format:

FEDERAL IEGJSTEI, VOL 33, NO. 217-WECNESOAY, NOVEMBER 6, .1968 ',

_,. .

0247

0247

16298

-CounU,

4 Quill\• Typo Mwu• of Jd"olllll 11.~1 facCI.IIOI' DliiOII• .

facture ~

---] . (c) Notwithstanding tho provlejons ot

Jla.rnara.ph or this section, theAJmst. nnt Regional Comml!UJloner tn.a)" . aU· thorJze o.lternate records to be malntalned by a. llcenscd l.mporter to record his odlsPOsal of firearms and a.rnmunJUon when. It Js shown by thelicenaed l.ml'C)rter tl1~:tt tJUc::h alternate records wUl atCU· ratel~ a.nd readily disclose the huonua.tl-on :required by parasropb (bJ of thl8 sectlon. A licensed. importer who propose$ to use n.ltcmate record.! ahollaubmlt a letter o.pplic::at1on, in dupUco.te, to the Asststnnt Reclonlll commissioner nnd sl1n11 describe the propoecd Bltemo.te- rec~ ords and the need therefor. Such alte:rno.te records shall not be employed by th~ llcenscd lmpoi"te.r untU approval In !Uch recnrd is rcccl11ed from the! AM!stnn~ Rcq!ono.l Ct>mm1Mioner. ·

Cd) Each 11cc:nsed importer !!hnll mainto.ln lleparat~ records of the eaJes or other dispositions modo or ftrcamu a.n~ ammunition to nonllcensees. suctt records shall be mnlntn1ncd In the tonn a.na manner as prescribed by & 178.124 In regnrd to flrenr:ms trn.nsnctlon t~:eorcls, a.nd by t1 178.124 and 178.1:.!5 jn reeo.rd to Orearms transaction records and records or dlsposlttoru., made o! Drearnu and anununltlon.

j •• "

6 11B.I23 nccorcl• malnladncd Lr man~ . uroclurcre. '

PROPOSED RULE .MA_ICING

:Namt, addroM, !J~Ihod ot'l'nl• Datoot Barllll ant! JloenM No. tytn~~: Uooii.!O lhoCrat~~~o No, o! lle<ln!IDII 1o at.atu! arm., .c:Uon

wbom Cmru!orrod llcolJSQII

. -

manufa.cturer and t.he country of manufaeture need not ba recorded If the firearm or SJlllllunttton Is of the manu:tacturer'a own manu!acture.

(c) Notwithstanding ·the provisions of parngra.ph Cb) of th1s ~ctlon, the Asslsto.nt Reslono.l Comml5stoner may authorize altemntc records to be malnto.lned by a lloonsed manutncturer to record his dlt.poso.l of :I'Jrea.rms and nmmunl t.ton when It Js shown by the licensed manufacturer that euch alternate records wlll accurately and rendJly diBclose the information rc4ulred by paragraph Cb) of this sec ~I on. A licensed moqura.oturer Vlho proposes to use olternnte records shn.ll submit a. Jetter appllca.tlon, Jn dupllcate. to the A.sslsto.nt Reglonnl Commissioner and shaU de~ scribe the vroposed alternate records nnd the need therefor. Such olternnta records aho.ll not be employed by the u. censed manufacturer until approval 1n such regard is received !rom the Assistant Reglonnl Commlns~oner.

Cd) ED.ch 11cen.'ied tnnnuracturer ahall mo.intaJn sepn.rate Tecords of the sales or other dispositions made of firearms o.nd ammunJUon to no:nllccmsccs. Such records aho.ll be maintained tn tho form nnd mn.nner ns prescribed by a 178.124 In rega:rd to firearms transaction rec:.,. orda, n.nd by II 178.124 and 178.125 1n K"cgard to fircnnn.s tru.naaetion. records

~a) Each licensed manufacturer shall nnd. rcoords of dlsPOsltlons made o! fire• record tho type. model. caliber or Ef!luge, anus and a.mmunJtion. a.nd serial number or llaeh complete fire- ..... 6 178.124 Ffreorme lrQn!o.cllon record, arm hct mnnutru:tures or otherwise ac- . q_uh"es. and the da.te such manufacture <a.) A llcensed Importer, licensed or other acqulsltlon waa made. Each manUfacturer, l!censed dealer, or licensed ma.nufac:.turer aho.ll record tho licensed. collector &hall not men or othertype, cnllber, size or gauge, serial nu.mbc!r wise dispose. temporortly or permment(Jfany>. and nnY otheridcntlfYlni maru IY. or any fl:renrm to any pc.rson, other or the ammunition he mtlllufo.cturea or ·thad ano~her licensee. unle.s.t he records oLherwlsc uqulre.s, Tbo tnforma.t£on re- the transaction on a Form 4173, Flreqltlred by this paragraph shall·~ re• ar~ru~ Transaction Record. A licensed

· corded not later than the close o! the Importer, licensed rnanulacturer, ll· neJCt business day followtne the date Cell!led dealer, or licensed c-ollector shall IIUCh numU!e.cture or other ac~;~ulm1tJon retain, Jn chronological o:rder and as a was ma.de. part of hi!! permanent. records, each

~b) A record ol firearms and ammu~ Form 4473 he obtains In the course of llitlon disposed ol by a licensee: mn.nu- transfertJng custody or his fl.reanns. lll.Cturer to anot.het Jlceru:ee &hall be <b) Prior to transferring 11 ;firearm to maintained by tlle licensed ma.nufo.c. B nonllcensee, the llcen~d Importer, lurcr on his licensed premlse:s anct 8he.ll licensed mn.nuracturer,llc1'!nsed dealer, or show the quantity, type, calJber, slzo (Jt licensed colleetor shall obtain a Form arnmunltlon) or ga.use, serlo.t number 4413 !rom the transferee showing the •and In the cl!.S& of am.munltton the no.me. address, date and pla.ce o! birth, Ed<mtlfylng matksJ. and tho nami a.d- height, weight. and race of the transferee dre&.!l. nccnsc nU.tnbcr and method ot Bnd Bhow2ng that tho receipt or posses\'ot::':l1ylng tho Uccnsed statu!l of the 11- slon of the ftrearnt by the t.rnusfereo c(!nsee to whom tne fttearm.s and am.mu- woUld not be In vlola.tion of any provl .. nt ~ton were transferred. The in!ormat!on 8lons of the Act. The tre.nslereo shnll, If r!Qulrcd by thl.s pa.ra.gra.ph 11l1all be he is obtaJnJng the nreorm by lntrasta.to entered in a permanent. record boot not mn.U order or otherwise ts not oppellrlng lo.ter tha.n the close of the next business In per5on o.t the Uccnsee"s prt;!mises, or Js da.y l!'oUowins the date of the t:ramoo.. a resident of o. contl~ruous Sttd.e. execut.~ tjon, and such lnl!'ormatlon shall be rc- nnd date the stn.temcnt required by- s~~: c:.orded Wlder th~ form11t prescr:Jbed by tlon 922! cJ or the Act and contained on 11.78.122 except t.hst. tne nrune o! t.he the Fonn 4473, nnd attach thereto a tz;ue

·copy or any pcnr.it or other lnrormn.tlon rectut:red pursuo.nt to o.n.v stntute of the State and published ordinance a.pplicn blc to the locauty In which he resides. The licensee shnll identify the ftrco.nn to be tl"ansfcl·rel.l by Jisth1g in the Form 4473 the name at the manufacturer, the nnmc of the importer tLf onyJ, the tyi)C, model, caliber or gauce. and the sct·lnl numbct· or the flrenrm. BcfoL'C trnnr.fcrrlng the flrcnrm described In the Form 4473, the licensee shall, in the case of an overthe-counter transaction, cause the tmnstcrce to Identify himsclr In any mnnn<n· customarlly used In commercial trnnso.ctions <c.c.: n. driver's llccnsc>. nttd ehall taote on the form the method used. In tho cnsc of a trnnsnctlon ot11et' tbnn nn over-the-counter trnnsnctlon, the licensee shall obtain verification as to the Identity of the transferee thmu~h certlflcatlon on the Form 4473 by a notary publlc, or a Federal, State, or local la.w enforcement officer of the locnlity wherein t11e transferee resides, attesting that such omcia.t knows or has established the identity ot the tmnsfercc.

(c) A licensee who sells or otherwise disposes of a. ft~·carm to a noni1cenBcc who js other tlmn. an lndivldunl, shall obtain from the trnnsfcrec the lntormntlon required by parngrnph Cb) or this eccUon from o.n lndlvLdua.J autho1·iz:cd to act on behalf of tho transferee. In addition, the licensee shnll obtain from the lndlvidua.l ncblng on bchutr o! the transferee ll written statement, executed under the penanlcs ot perJury, that the f!.r«!arm Is being oequired for the use o! and wlll he the property ot the tmnsfcree. and showlns the nome nnd address ot that transfe•·ee.

(d) Fo1m 4473 shall be Prcpnrcd and submJLted ln duplicate to the llcensc:e by n transret·ee who ls purchasing or otherwise ncqull·Jng n firearm by other than an ovcr-tho-oounter tl"nnsactlon, or who Is a r(!sldent of a contiguous Stutc. Upon receipt ot such Forms 4473, the llccnsee shall ( ll prior to shipment or dollvery or the firearm to such transferee. forward by registered or. certified moll <return rccl!ipt requested> a copy or the Form 4473 to the chief l11w cn!Ol'C.!mcnt officer nnmed In the Form ·1'173 by the tro.nstcrcc, o.nd C2) delay :;hirtmcnt or delivery ot Lhe flrcnnn to the transferee for a perlod of nt least 7 days following rccelp~ by the licensee or (!) the return receipt evidencing dellvca·y o! the r.ropy of the retum, Form 4473. to such chief law enforccmt!nL officer, ot· (11) the return or the copy of the l'ctum, Form 4473, to him due to the refusal or such chic! Jaw 1!n!o1·cement officer to ace;ept same In nccordancc wltb u.s. Post Office Department reeulntlons. 'l'he original F01·m 4473, and cv1donce of l'Ccelp~ or rcJer.Lion CJf dcllvcry of the copy of the return, Form 4473, sent to t.hc chief law enforcement officer shnll be retnlncd by the licensee ILS a pnrt of the rec:ot'ds required of hjm to bo kept undc1· this f!Ubpart.

CeJ A licensee shn.ll attach to nnd mnkc ~ part of the relnte-;l Fo:rm 44i3" he retains for his records, the sworn statement furnished to him pursunnt t.o t L78.!l61d> or a I'la.os.

JEGEIAL IEGI5TE •• VOL 3l, NO. 217-WIDNESOAY, NOVEM!IU 6, 1961

0248

0248

' _PROPOSED RULE MAKING ..

Cf) Tho requ!remen~· of ,·tl~ :~ti~ri:~. date of such purchnse or a~qulsitlon. Tho shaU be In addltlon to any other reeord· record shall show the date ench firearm. keeplng reqqlrement contained !n;·thls.. ammunition, curio or relJc, wo.s prar~ part. ·. ·' ....:·. ·,: ·chased or otherwise acquired, the typC',

(g) A llcen.see may obtaln, upan re- mnnura.cture, importer H! any), caliber, q_uest, a. supply or Fom1 44'13 trom any siZe Hr runmun1tton> or r:-nugc, model, /.sslsta.nt Regional Commissioner or any name o.nd address o! the person from Distrlc" Director. ,.-. · ·. . · :,.~ · .•· whom received, ond the serlul number of

. • • . ·• · • · the fireonn, or firearm curlo or relic, D 118.125 Record or rece1pt und d!•P~ or the serial number or other identifying

Bhion. ; • :.: ~ marks of the ammunition. The sale or Ca) Each licensed dealer .sha.ll prepnro . other disposition of a. firearm, ammunl~

• a permanent record of eMh :ftrea.rm nnd tlon, curio or relic shall he recorded by or the ammunition In hts ln.ven~ry on the llcansed dealer or the Uccnscd colthe cfltx:tlvc datc·oc this part, o.nd there~ lector at the tlme of such transaction, after enter 1n such record en.ch recelpt and the Information escrlbed Cor the and ea.clt dispesi tlon of flrcal'llUJ nnd ··record required by thi.., paragraph shall 11.mmunltlon. Each licensed collector be In addtuon to the firearms transncUon &Shall upon rccclpt o! his license :prepare record, Fonn 4473, required by § 178.124 n pcrmo.nent record o! each curio n.nd of this part. The record .shall show the relic In his collection, ancl therca.rtcr date of the sale or other disposition o! enter tn such reeord each receipt a.n4 '('ach flrea.nn, ammunition, curio, or relic. disposition of curios nnd rell~. The the name, address, ~>nd the license nwnrecord required by this paragraph &hall ber C1! any) o.nd the date of birth of the be maintained jn bound .form undu transferee It such person Is not a licensee. the fonno.t prcscl'ibed below. The pur- The record required by this paragraph chnsa or other acquisition o! a Orenrm. shall be maintained In chronological or ammunition by the Jlcensec;l dealer, or order by date the Jlrcanru, ammunition, of a curio or relic by a. licensed collector, curios or relJC~S are purchased or otherlnUst be recorded not Inter than the closa wise BCClUired. The format required for of the next business do.y following the the record of re(:elpt and dlsPQsitlon is:

.. .ACQt1WT!01f

Dnl11 TypO l1111nuracturor Imporl«lr Moc!cl Cnllbor, alte S<!rlnl No. (nndJor Nnrno nnd nddrus cr

lU IllY) 111 nmmunl·

l on) or anuge lll<'nlllyln~t marks,

ll nmumultlou) porson from whom

rccolvod - --

Durolllll"rf ~

Nnme of (ll!r-1011 to Addr~ or penon Lleo11se No. Date of L>ltlh lolctlul<hf vorlryln~t tho Oa.ta wborn tran~ferrcd towhllrn (lli!.IIOOII$00) (U a llonllconsco) ldunUl;v of tho ~LIJ'CIJIJ.SOI'

ttoiiJ!orro4

Cb> Notwithstanding the provl~ons of paragraph Ca) o! this section. the As· slstant Regional Commissioner may au-· thorlza olternnte records to . be mam:.. ta1ncd by a licensed dealer or a :Ucensed collector to record hls acqulsltton ll.nd dl.sPQll!'\1 or fireanns and a.nnnunltil)n, or curioo and relics, when it 1s shown by tho Ucensed. denier or the licensed collector that such nlterno.te records will ac• eurately and r~ad1ly disclose the In· formation required by paragraph (a) of th!.s .section. A licensed dealer or :!censed collector who proposes to use alternate records li,hnll submit a letter DPPliaLtlcn. in duplicate, to the Assistant Regional Commissioner and shall describe tho proposed altemato records fo.nd the need theretor. Such alternate records ahall not bo employed by the llcenscd dealer or the licensed collector untll approval in sueh regard Js received from the A.sslstont Regional Commissioner.

Cc> Each Ucen.scd importer and ]1 .. censed manufacturer selJlng or otherwise dlspbsing of firearms or ammunition to nonllcensees GhnU mnlntam such reevrds of such ti"unsaetions B3 are required of llcensed dealers and lJeerued collectors . by pan~ graph <11> ot th.I:J section.

. <d> Each licensed importer and U

carued manufacturer seUlng or otherwise dlspo.slng ot firearms to nonlJcensees shall m;~~lntaln such records or m1r.h transe.c.Uons ns arc requlred ~! : ·:·.- : "~· ; dealers and licensed <:ollcctors by 11'78.124.

6 118.126 Furnishing lranauelion infor. n1atJon,

<o> Each licensee shall, when required by letter Issued by the Assistant Regional Comml£~Sloncr, and until not1fied to the contrary in writing by such officer, submit on Form 4483, Rc.Dol·t ot Firearms Transactions, for the periods and at the tfmcs spectflcd 1n the letter Issued by the Assistant Reglonnl CommJssloner, all record ln!ormation required by this subpart, or such lesser record tnronnntlon as the Asslsta.nt Regional Commissioner In his letter may spectry.

(b) The Assistant Rcgionol Conun1s~ stoner may authorize the Information to be submitted in a manner other then. that prescribed in paragraph <al of this section when 1t is &hown by n licensee thnt nn alternate method ot ·reporting Is reasonably necessary o.nd wlll not unduly binder the ctrcctlve ndmtnistra.tton of t11.fs pan. A licensee who proposes to uso

16299

an altcrnntl'; tcthod o! reporllng shall submit a letter llJlpllcatJo:l, ln duplicate. to the Assistant Heglunat Commissioner nnd shall describe the· proposed alternate method of reporlin!f nnd the need lhercfor. An alternate mdhod of rcportin~ shall not be employed bY the licensee until o.pprova[ In such re~:nl'd ls rrcel\'ecl from the Assistant H.eg!onnl Commissioner. § 178.127 Uiscuutiu \UUcc of ·•u:-i tlf'.• '·

Where a J1real'lns or ammunition business Is dlscontiuucd and succreded by n new licensee, the 1·r-cords prescribed b-.this subpart shall nppropi·Iatcly reflect such facts and shall be delh•ered to the successor. Where dlscont.lnunnce of the business Is absolute, the records pre· scribed by thls subpart shnll be delivered within 30 days following the business discontinuance to the Assistant Regional Commissioner for the intrrnnl revenue region fn which the business wns opcro.ted: Provided. however, Where State law or lt:~cal ordinance requires the delivery of records to other 1 esponsible nuthorily, the Assistant Rcglonnl Com· missioner may nrmnge for the delivery of the records required by thls subpart to such authority.

Subpart r-Exemptions § 178.141 Gcnl'rnl,

The provisions of this part shall not apply with respect to:

{a) The transportation, shipment, receipt, or Importation of nny firearm or nmmunltlon Imported for, sold or shipped to. or issued for the usc or. the United States or any d<mnrtment. or agency thereof or any Stnw or nny depn.rtmf)nt, agency, or political subdivision thereof.

{b) The shipment or l'eccipt or nrcnons or atr.n1Unl Uon when sold or Issued b1 the Secretary of !.he Army pursuant to section 4308 of title 10, u.s.c., and the transporto.t.Lon or nny such firennn or ammunition carried out to enable a person, who lawfully received such firearm or nrnmuniUon !rom the Secretary of ttte Army, to engage in mUltary trnlnlns " , '.n competitions.

(c) The shipment, unless otllcnvlse prohibited b:.: the Act or nny other l"cderollaw, by a licensed Importer, licensed manufacturer, or llcenscd denier to a member of the U.S. Anned Forces on nctive duty outside the United States o1· to clubs, recognized by the DcpnrLmertt o! Defen~. whose enUre membership Is composed of such mctnbcrs o! the U.S. Anned Forces, nnd such members cr etubs mny reeelvc a. fircann or ammunition determined by the D1l'(:ctor to be generally rccognlzed ns pnrtlcularl~· suitable !or sporting pur!mscs rmd 1ntencicd for the personal U.<;e of such member or club. Before mnklm: a. s1llpment of firearms or ammunition under t!le p1·ovb!ons ot this pa.ragraph, a llcen:;cd !mpm·ter, licensed mnnufnct.urcr, or llcensccl dealer may submit n. written request, Iii rlupl!catc, to the Director for n determination by the Dh·cctoi' ·•.vllethcr such shipn1cnl would constitute a vloln tlon or the Ac" m· any other Federnl Jn.w, or whether tht! firearm or nmmunl ~I on ls considered by the Director to be gcncrnlly a·ccormlzccl

No. 217--ll FECEIIAl. .REGIST£R, VOt.. :13. NO. 2l7-WEONESDAY, NOVEMBER 6, 1969

0249

0249

16300

as particularly suJtable !or apor~ln.g pur-poses. ..-

(d) The trnnspo,rtatloh, ahlpment, receipt, or importation ol SJ.lY · a.ntlque firearm. · § 178.142 EITecl or Pre&id~t.tial paz:..don.

A pardon granted by the PrcsJdent ot the Unll:ed States regnrdlne- .a eonvlctlon for n crime punlshnble by Imprisonment for o. term exceeding lyeo.r eha.U remove any dlsnbfHty which otherwise vrould be lrnJJOsed by the provision~ o~ this part in respect to that, conviction. § 178.143 R~t"Jid from dieablllllca lu-

cur-.. cd by indictment. · A licensed lmporter, Jlcenscd manufac

turer, Ucensed dealer, or lleonscd collector who Is indicted for a. cri.Jne punishable by imprjsonment !or a. term exceedIng l year may, n'ltwllbstandlng a.ny other provlslon of the Act, continue operntlons pursuo.nt to hls exfst1:ng llcense during the term. o! suchJndlctmont and until any conviction pursuant to the Indictment becomes final: ProvEt:iecl, That If the tenn of tho license expires during the period bet.wel!n thedaleol the Indictment and the dnte the eonv!ctton thereunder beeomes final, such importer, manufacturer. dealer, or collector must file a timely application for the renewal or hls license ln order to continue operations. Such n.ppllcntlon 5llnln tbow that the applicant. Is under indictment for a crime punishable by lmprlsonment.ror a term exceeding 1 ycur. · § 178.14'' Ttdicf Crom dhollililiu in•

currcd by conviclion. (a) Any ]lerson may make appllcatJon

for relic! from the disabilities under Fed• eral ICJ.w incurred by reason of a convfc- · tfon o! a crime punishable by· imprisonment for a term eKcecdlng 1 yeur lf such conv3ctfon wns not of a cdme involVing-' the usc of a flreann or other weapon or a vlolnUon of the Act or the :National Firearms Act.

(bl An npnllca~lon forzsuchrelle! shall be addressed t.o the Commlss~oner and shall tnclude such supporting data. u the appllcant deems appropriate. 111 the case of a corP<Jrn'Uon, the supportlng data should Include JnformatJc~l as to the ab:s~nee or: cul.pablllty In tbe oUense of whlch tha corporation wos contlicted, orof o.ny pecson ton.vin~; the l:lDW~r to dtreet. or control Ule management or the ct,rporatlon. if sucll be the fact. The appU• eatton sllidl be filed, tn t::rf,pllcate, with the AsslsWmt Reg:onal CommJssloner for the lntarnal revenue region wher~l.n the applicant resides, and. if appllcable, wherein the applicant dcsltes i.o conduct his busJness or o.cttvity.

Ccl The Comm2ssloner may grant relief to o.n applicant If It 1s established to the satisfaction or the Commls~ioner thut th(' circumstances regnrdJng tbe convicUon, and the opp~lcrmt's rco.>rd and rcputntlon n.re such tnat the oppUctmt wlU not be lJkely to act. 1n o. manner danger· ous to public safety, and that the grantInS of the rene! would no~ be contrary to the pub!Jc Interest.

...,,· ....


CdJ Whenever tho Commlssioner or controlling, directly o\" lnclircctly, the grant.1: relief to any person pursuant to poHcles and management of such orsnthis sectJon, he sh11ll promptly pubHsh 1n n!zatlon, the nntut·c and 1mnJosc of tiH! the FEDERAL REGISTER not!ce or such ac- rescnrch bein~ conducted, a dcscl'lptlon tlon. together with the reasons therefor. or the de\'Jces and weanons to be

Cc) A person who hns been granted received, and the ldcntlty of the IJCrson rel!e~ under th~s section shall be reUcvcd or persons from whom such devices and of o.ny dlsnbJIItlcs Imposed by Federal · weapons arc to be r<!ccivcd. law.s: WJth respect to the aCQUir;JtJon. re- § 178.J.t(i Dclin·ric·l' l·r mnil In I'NIItitl cetpt, transfer, sh:IJJment, or possession · -. person~. ol firearms nnd Incurred by reason b! such conviction, · · The provisions of thls part £hall not

~!) ( 1) A llcensee who fs convicted of be· construed tts tJrohlbltln~ u Ucensed a. crime punishable by Jmpr1sonmcnt for importer, llcensed manurncturcr, ot' a. ~e1·m excecdlng 1 year during' the term licensed denier fl'om dcpositlng n fireof a current Jlcensc or while he has pend- arm for conveyance ln the mnlls to any Lns a Jlcense renewal appllcntlon, and: officer. employee, ngant, or wnLchman who qunUfics under thls section to me nn who, pursuant to the provisions of sec· a,ppllcatlon for removal of dlsabllltles re- Uon 1715 of tltle 18, U.S.C., is eligible to suiting !rom such conv.ictiGn, shaU not be recelve throuuh the molls pistols. barred from licensed operations for- 30 revolvers, and other firenrms cnpnble or d rt th .. t hi 1 hJ being conc:eBJcd on the person. tor use

aye a cr e .. n. e uvon w c 1 s con- 1n connection with his omcJn] dulles. , v1ctlon becomes final, and If he files his .. D])pllcat~on tor rel!er as provided by f,h1s § 178.147 RcJmir of firenr111. se-ction within such 30-dllZ period, he A person not otherwise p1·ol1lblted by may further continue licensed opera- Federal, State or local law ma.y ship o. trons during the pendency of his n.ppU- firearm to .a IEcenscd JmporLcr, licensed ca.tlon, A licensee wlH) is not quaiJficd manufacturer, or Ucanscd dealer for the under thls sectlo.n to file an appllcatlon sole purpose of repair or customizing.

-for r~llc! or, It so qualified, does.not tile notwlthstnnd1ng any other provision or such n.ppUcatlon within 30 days from the this part, the licensed Importer, licensed date h:ls conv!ction becomes :final sha.ll not continue licensed operations beyond manufacturer, or licensed dealer may 30 dliys !rom tht3 date hls convtcUi:m be- return ln Interstate or foreign comcomes ftnn.l. . mcrce to that person the repaired fire-

C2~ In the event the term of o. Ilcense arm or a fcp!ncement firearm or the of a Person quaUfted to seck relle! under same kJnd nnd type, this section e.xp[rcs dUllng the 30-day § 178.148 Annuuuilion lmuUng fnr (JCr·

period following the date upon whlch his 11o1ttl1 uHc. . convlctlon becomes tln.n.l or durlng tho . The Uecllslng provh;!ons of this part pendency or his a~.ollcatlon for rcw:r. he shnll not opply to any person who enmust file a. timely nppllcatlon for renewal gages only 311 hand landing, rclonding, of his llt>ensc in order to continue llc~nsed or custom loading nmmunitlon for h1~ operations. Such Ucense appllcnttonsha.ll own firearm, nnd who docs not hnnd ~how that the npp1lctmt ho.s been con- load, reload, or • us tom lond ammuniUon vlct.ed or a crJmc punishable by 1m- for others. pr.lsomnent for a term cxccedlng 1 year,

Subpart J-PE!nalties, Seizure5, and Forfeitures

{3) A llcensco shn.!l not continua licensed ppcrntlons beyond 30 days followIng the date the Commissioner issues nr:1tffica.tlon tho t the licensee's appllcn.- § 178.161 1~:, l~c flhalrrnen t or rc·r,.c~cn· t!on for removal of dlsa.blllties resu!Llng - latlo ... f.rom a conviction :has been aenl~d. Any person who knowitt(Jly makas uny

(41 When as pro"lded ln thls scctlon fnlso sto.tcmcnt or representation with o. licensee may no longer continue respect to any lnformntton rel']ulrcd by Uccn.scd operations, any nppllcatlon for the provls2ons of the Act or this part to renewal of Ucen~e filed by the licensee be kept In tl1e records or a r)Cn;on en· during the term of hfs Indictment or gaged ln firearms or ammunition buslthe pendency or his npplJcntlon for ness, or :In applying for nny license. ex· removal or dlsabliiUcs resulting from emption, ot· rcHe! from disabilitY, under such convlcLlon. shall be denied by tho the provisions of the Act., shall be fined Assistant Reg!ono.l CommJsslonar. not more thnn $5,000 at· lmprl.~omncnt § 113.)45 ~~~Sf!ltn"h or~n .. i:WiiOnll, 00t more than 5 yenrS, OJ' i.JOl)l.

The provJslons of this part with respect to the sale or delivery o! destructive devices. n.ach!ne guns, sllortbarrt"lCd shotguns, and short-bnrrelcd rifles shall not apply to the snle or delivery of such devices a.na weapons to o.ny research organ:izatlon designated by the Director to rcceL11~ same. A research organization deslring such designation shall submit n Jetter application, In dupUcate. to the Dlrcct.or, such nppllcatlon shall conto.ln the nama nnd nddress of the research organtz:atfon. the names and addresses of Ule persons directing

§ 178.162 Trnn~J•nrlalicm ••r ro·•·•·ipt lu corumll n c·ri111c.

Any person who shiiJS. Ltan~pot t:;. n1· receives a flrcnrm or nny :m1munllion 111 lntcl·stutc Qt• foreign comme!·ce with intent to commit therewith nn ofTcn~e punlshnblc by lllll>l·lsonmcnt tor a ll'zm exceeding I yen:-. or with know!Nh~e and reasonable cnuse to bclie\·e t!wt nn ortense punlsllnble by lmpri!iomuent for n. term exccC"dinf~ I ye11r is l-:J be comml!.lcd thHc,,Jlh. shall be Iince! not more than $10.000, or imprl.sonccl not mon~ tho.n 10 yc;ns, or both.

IFEOEttAL REC.IISIU, VOL 33, NO. 21l"-WEONESDAV, NOVEMBER 6, 1969

0250

0250

§ 178.163 Commiuion of a .Fo_dcl'al crinac.

Any person who uses a firearm to commit any felony which may be prosecuted 1n a court o! the United States, or carries a firearm Wlla wfully durln1 the commission of a.ny felony which may be pro~uted 1n a court of the United States. shall be sentenced to a term of imprisonment for not less than 1 year · nor more than 10 years. In the case of a person's second or subsequent convlctton under this section, such person .shall be sentenced to a term of imprisonment tor not less than 5 years. nor more than 25 years. and notwith.standinJ any other provision of law, the court l!hall not sua• pend the sentence of such person or ~ive him a probationary sentence. § 178.164 Receipt. etc., o( fireurme b7

certain pcri!>Q~s. _ Any person who (a) has been con

victed of a. felony, has been discharged from the Armed Forces under dishonorable conditions, <c> has been ad· judged by a court of the United States or of a State or any political aubd.ivislon thereof of being mentally lilcompetent, <d> having been a cittzen of the United States has renounced his citizenship, or (e> being an allen 1.s !llegally or unlawfully 1n the United States, who receives, possesses, or transports In commerce or affecting commerce, any firearm shall be fined not more than $10,000 or imprisoned !or not more than 2 years. orboth: Provided, however, That the provi• sions of this section shall not apply to any prisoner who by reason of duties connected with law enforcement ·has exprcs!>ly been entrusted with a firearm by competent authority of the prison, or to any person who has been pardoned by the President of the United States or the chief executive of a State and has expressly been authorized by the Pl.·esldent or such chief executive as the case may be, to receive, possess, or transport ln commerce a firearm. § 178.163 Recdpl1 etc., of firearm• LT

certain emr~loyces. -

Any individual who to bls knowledge and while being employed by any person who <a> has been convicted of a felony, Cb> has been discharged from the Anned Forces under dishonorable conditions, cc> has been adjudged by a court of the United States or or a State or any pollticnl subdivision thc1·cof of bcin~ mentally incompetent, <d> having been a citizen of the United States baa renounced his cltlzcnshlp, or <e> being an allen is Illegally or unlawfully ln the United States, and who, in the course of such employment, receives, posr.esses, or transports ln commerce or nfii.'cting cc.mmerce, any firearm shall be fined not mo1•e than $10,000 or lmp1·1soned for not more than 2 years. or both: Provided, however. That the provisions of this section shall not apply to an employee employed by a person who has been pardoned by the President or the United States or the chief executive or a State and has expressly been authorized by the President or such chief executive, as the case may be, to


receive, possess, or transport 1n commerce a firearm. § 178.166 Seizure and forfeiture.

Any firearm or ammunition Involved tn, or used or Intended to be used In, any

·violation of the provisions of the Act or of· this part, or 1n vlolatton of any other criminal law of the Unlted States, shall be subJect to seizure and forfeiture, and all provisions of the Internal Revenue Code of 1954 relating to the seizure, forfeiture, and disposition of firearms, as defined in section 584B<a> of that Code, shall, so far as appllcable, extend to seizures and forfeitures urtder the provisions of the Act.

Subpart K-Exportation § 178.171 Exportution.

Firearms and ammunition shall be exported ln accordance with the appllcable provisions .Jf section 414 of the Mutual Security Act of 1954 <22 U.S.C. 1934> and regulations thereunder. However, licensed manufacturers, llcensed importers, and llcensed dealers exporting firearms and ammunition shall maintain records showing the manufacture or acquisition of the firearms and ammunition as required by thls part and records showing the name and address of the foreign consignee of the firearms and ammunition and the date the firearms and ammunition were exvorted. tl".n. Doc. 68-13482; l"tled, Nov. ll, 1968;

8:48a.m.)

INTERSTATE COMMERCE COMMISSION

I 49 CFR Part 1 056 l [Ex Parte No. MC-19 (Sub-No. 5) I

PRACTICES OF MOTOR COMMON CARRIERS OF HOUSEHOLD GOODS

Determination of Weights NOVEMBER 1, 1968.

At a session of the Interstate Commerce Commission, Division 2, held at its omce in Washington, D.C .. on the 21st day of October 1968.

It appearing, that the Interstate Commerce Commission has prescribed rules and regulations, as set forth at 49 CFR 1056.3, for the determination of the weights of shipments of household goods, as defined at 49 CFR 1056.1 Ca>;

And 1t further appearing, that by petition filed on July 30, 1968, the Household Goods Carriers• Bureau prays that the Conunission consider a new subpart to 49 CFR 1056.3 partially relleving household goods carriers from the rules and regula· tlons pertaining to the detenninatlon of weights: that this request is supported by the Movers' & Warehousemen's Associa· tlon of America, Inc.; and good cauoo ap-

16301

of the Administrative Procedure Act to determine whether and to what extent the motor common carriers of household goods should be relieved from the 1·ules and regulations specified above on shipments of machinery and its auxiliary nnd component parts.

It £3 further ordered. That all motor common carriers of household i~Oods operating in Interstate or foreign commerce and subject to the Interstate Commerce Act be, and they are hereby, made respendents ln this procecdln!{.

It is Jurtller ordered, That nil person.<;, Including the respondents, who wish actively to participate in this proceeding and to file and to receive copies of pleadings shall make known that fact by notifying the Commission In writing on or before December 16, 1968. To conSP.tve time and to avoid unnecessary exp~nse, persons having common Interests should endeavor to consolldate their presentation to the greatest extent Possible. Individual participation is not precluded; how(}ver, mere casual interest does not justify p:l.rticlpatlon. The Commission desires !•articipatlon only of those who Intend to take an active part 1n the proceed!ng.

It i! further ordered, That: Ca> ns soon as practicable arwr December 16, 1968, the Secretary will serve a list of the names and addresses of all persons upon whom service of all verified' statements, replies, or other pleadings must be made: (b) within 30 days following the service of such list, any party may file an original and two copies of a verified statement and exhibits thereto with the Commission and one copy upon each party named In the service list; <c> within 10 days tbereaftcr any party may file a. reply statement (original and two copies) with the Commission and one copy upon each party named in the service list; (d) within 10 days after the date for replles has expired any party may request a hearing for the purpose of cross-cxnmining any witness submittlm~ a verlfled statement by notJfyin!I the Commission and all parties.

And it is further ordered, That a copy of this order bf! served upon the Hou:>chold Goods Carriers• Bureau: th~ Movers' & Warehousemen's Association of America. Inc.; the motor common carrier respondents; the Public Utility Com. mission, Doard, or similar re~ulu t01 ~body of each State hnvlng jtll'lsdJ(-t! n over the transp01tatJon here in\'olwd: and that n copy be posted in the officP of the Secretary of this Commission: a::J that a copy be delivered t.o tile Dii'Cctor. Division o! Fcdcrnl Rc~istN, for puhhcatlon in the FEoEHAL H.EGISl'En.

By the Commission, Divis!()ll ::!.

rsEALl n. NY.IL G1111soN, Secr-etary_

[F.R. Doc. CS--13417; Filed, No\'. [,, HlGR: 8:46 (l.lll.j

pearing therefor: •In !leu or \·crlf\c"Uon 11ll<kr ""tll, an\-/t i! ordered, That a rule-making pro- prepared &tntemcnt mny be math' suhj!.'ct t•J

be 1 the !ollowlng declaration: "I :;oil'mnly <IP-ceeding , o.nd It Is hereby, nstltuted clo.re that 1 hn\·c t•xnmlnc<l the lore,;uln~ under the autho1·1ty o! part II of the document. nnd thnt the ~tntcmcnts of rat·~ Interstate ~mmerce Act and section 4 . contained therein nrc t.ru£'." (Stgntlture)-

fEDERAL IEGISTEII, VOL. 33, NO. 217-WEDNESDAY, NOVEMBER 6, 1968

0251

0251

0340

0340


8. Disassembly

From time to time it will be necessary to take down the rifle to lubricate it or to carry out routine maintenance. Do not take the rifle apart any more than is necessary; each time a part is removed from the lower receiver or other areas not involved in field stripping, the part's fit is not as tight when reassembled.

FIELD STRIPPING

The AR-15 is very simple to field-strip and easy to lubricate. Unlike many assault rifles, it has few small parts that can be lost during the field stripping. It's a good idea to wear safety glasses when field stripping the rifle just as it is when shooting or assembling the AR-15.

Use the exploded diagrams to locate parts mentioned in this section if you have any doubts about the piece or its location.

1. Remove the magazine from the AR-15 and check the chamber to be sure the action is closed; release the bolt carrier if it's held open so that it is closed.

2. Place the selector in the "safe" position. 3 . Push out the rear take-down pin (1-35) from

the selector side of the lower receiver and pull it out from the opposite side of the receiver until it locks open. This will release the upper receiver so it can be rotated downward. The front pivot pin (2-1A) may also be pushed outward if it is necessary to remove the upper receiver from the lower; on the AR-15 Sporter, the receivers are held to the front with a double screw. To remove the upper receiver from the lower on the Sporter, use two screwdrivers to unscrew the two; a drift punch may be needed to push out the inside screw from the outer one.

4. Pull the charging handle (1 ·14) back; the bolt carrier group (13-A, B, C, D, E) will come back

61

with it. The bolt carrier group should be pulled back so that it can be grasped and removed . After the carrier group is removed, the charging handle can be removed by pulling it back and downward through the slot in the key channel.

5. The firing pin retaining pin ( 1-1) can be removed by punching it out with a tip of a small tool. Push from the ejection port side of the carrier.

6. Once the retaining pin is removed, the firing pin (1-2) can be removed by tilting the carrier up so the bolt faces upward and the firing pin can fall free through the rear of the carrier.

7. Twist the bolt assembly (1·4) so that the cam pin (1-3) is clear of the bolt key (1-13C). The cam can now be lifted free and removed.

8. With the cam pin removed, pull the bolt assembly ( 1-4) from the front of the bolt carrier. Care should be taken in disassembling the bolt as a number of easily lost parts will be freed.

9 . The extractor spring (1 -7) is under compression, so be careful not to let the extractor ( 1-6) get away when it is released. While holding the extractor in place, use a small wire or drift punch to push the extractor pin (1-5) out of the bolt. Carefully remove the extractor, its spring, and the small nylon plug that is often nestled in the spring.

10. The ejector (1-9) and its spring (1-10) can be removed by drifting out the pin (1-8) that retains it. The spring is under tension so be careful not to let it get away. Placing an empty brass into the bolt face and using it to hold the ejector in place can make the removal of the ejector pin eas1er.

11. It is seldom necessary to remove the handguards (3-1, 2) unless they need to be replaced or the weapon is full of mud. Although in theory the handguards are easily removed by pushing the

0341

0341


Bolt carrier

~ r-

Bolt ~

Magazine Sling

Forward assist assembly

a .,po • .,. -- •--- • •.,.. .., r

-Receiver pivot pin

-....,...hanrin2 handle

0'1 1\.)

~ tt1 ~ ~

I ..... Vt ......... ~ ..... 0'1 .. ~

~ ~ ~ ::j Q t--o

C')

s ~

0342

0342


2

5 12

} ~ 6 ~~

DIAGRAM 1 -BOLT CARRIER GROUP 1·1 : Firing pin retaining pin ; 1-2: firing pin; 1-3: bolt cam pin ; 1-4: bolt assem bly; 1·5 : extractor pin ; 1-6 : extractor; 1·7 : extractor spring; 1-8 : ejector pin; 1-9: ejector ; 1 -10 : ejector spring ; l-11 : gas rings (3 ); 1-12: bolt ; 1-1 3: bolt carrier assembly (without forward assist grooves); 1·13A: bolt carrier assembly (forward assist style) ; 1-lJB: key bolts (2); 1-lJC: key;

~ {;')

~ ~ ~ ~

1-130: bolt carrier (with forward assist grooves); 1-13E: bolt carrier (without forward assist grooves); 1-14 : charging handle assembly. O'l w

0343

0343


< .;""'

/ '

27A~

28 ~

1--' ~0 D-32\2! b~y

.............. ...................

......

', / ....... _

33 34 42 ~ ......

37

41

DIAGRAM 2- LOWER RECEIVER GROUP

6

2 -1: Magazine; 2-1 A: front push pin (pivot pin- dual screws on some models); 2-2 : hammer/trigger pins (2); 2-3: hammer; 2-4: hammer spring ; 2-S : auto sear pin ; 2-6: automatic sear; 2-7: selector lever; 2-8: disconnector; 2·9: trigger; 2-10 : trigger spring; 2·11 : disconnector spring; 2-12 : bolt catch roll pin; 2-13: bolt catch ; 2-14: bolt catch plunger; 2·15 : bolt catch spring; 2-16 : magazine catch; 2-17: magazine catch spring; 2-18 : magazine release button; 2-19: pistol grip screw; 2-20: pistol grip lock washer; 2 -21 : pistol grip; 2-22: safety detent spring (same as ejector spring); 2-23 : selector lever (safety) detent ; 2-24 : buffer spring; 2 -25 : buffer; 2·26: top stock screw; 2-27: stock assembly; 2-27A: sling; 2-28: rear swivel pin (oldstyle stocks only); 2-29: rear swivel assembly (old-style stocks only); 2-30: rear swivel pin (old-style stocks only); 2 -31: rear swivel (old-style stocks only ); 2-32: swivel stud; 2 -32A: stock; 2-33: rear push pin detent spring; 2-34: rear push pin detent ; 2-35 : rear push pin (takedown pin); 2-36: buffer pin (military models only) ; 2-37: buffer tube (lower receiver e:~ttension); 2-38: buffer retainer; 2 -39: buffer retainer spring; 2-40: trigger guud roll pin; 2-41 : trigger guard and its front spring and pin; 2 -42: lower receiver.

~ ~

~ t":j

~ ~ .:... v.

.......... ~ ...... ~ ~

~ ~ ~

~ Q t'-<

C)

s b l'::l

0344

0344

39 30

~ ./31 29

25 27 28 <::!' ~ ~34~j)/~j,

trfT1iTe; 38 33 3736 35

---------- .............................. ----- -5

4 3

hNtH~S I 21 I 31 I 41

•PART OF ASSEMBlY NO.5

DIAGRAM 3- UPPER RECEIVER GROUP 3·1: Handguard half (old style) ; 3-2: hilndguard half (old style); 3-3: flash suppressor; 3-4 : flash suppressor lock washer; 3·5: barrel and sight assembly; 3-6: front sight pin; 3·7 : front sight; 3-8: bilrrel assembly; 3-9: front swi vel pin; 3· 10: front swivel; 3·11 : front sight post; 3-12: front sight detent; 3·13: front sight detent spring; 3·14: hand guard ca p; 3-15 : gas tube pin; 3·16: gas tube ; 3-17: snap ring; 3-18: slip ring spring; 3-19: barrel nut; 3·20: slip ring; 3-21 : ejection port cover pin ; 3·22 : ~jection port cover retaining ring; 3-23: ejection port cover spring; 3-24 : ejection port cover ; 3·25. rear sight windilge drum pin; 3-26: rear sight windage drum ; 3·27 : rear sight detent; 3-28 : rear sight detent spring; 3·29: rear sight screw;

tl t;) ~ ("l

~ ~ t"-t ~

3 -30: rear sight; 3·31: rear sight spring; 3·32: forwilrd assist pin; 3-33: forward assist plunger spring; 3·34: pawl pivot pin; 3·35 : forward assist pawl ; 3·36: pawl detent ; 3-37: PilWI detent o., spring; 3-38: forwud assist; 3·39 : upper receiver (without forward assist well); 3-40: upper receiver (with forward assist well). <.J-.

0345

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66 THE AR-15j J116: A PRACTICAL GUIDE

Top: semiauto bolt carrier. Bottom : selective-fire carrier.

weld ring (3-20) tm\'ard the receiver, in reality there is often enough tension in the weld spring ( 1-18) to make this hard for most people to do.

One solution is to usc a scrcwdri\'er or other tool to carefully pry the ring away from one half of the handgu<trd until it Cdn be wiggled free. Repeat the procedure with the other half of the handguard. This will have to be repeated to get the handguards back on, if it was necessary to pry them off. Be careful not to scar up the finish on the rifle when using a tool as a lever on the weld nng.

12. To remove the buffer (2-5) and its spring (2-25 ), it is necessary to depress the buffer retainer plunger (2-38) while restraining the buffer and its spring. Be sure the hammer is in its cocked position before trying to remove the buffer from its tube. Once the buffer is out, the spring can be wiggled out without holding the plunger down.

Assembly of the rifle is basically a reversal of all the above procedures. Be sure the cam pin and firing pin retaining pin are in place as the rifle would be dangerous to fire without them.

TOTAL DISASSEMBLY

All other disassembly of the AR-15 or any major work done on the rifle should be done by a compe· tent gunsmith. Work on your rifle only if you are sure of your abilities to do so. Probably more rifles are ruined by amateur work than by accidental breakage. Don't be too proud to get someone else to do work that you can't do. Such pride can be expensive or even dangerous in the long run. Do

not work on your rifle if you are not sure of what you are doing!

The only time that you might <tttempt the following disassembly (unless you are experienced with working on fi rearms) would be in a survival or combat situation where you might prefer the risk of damaging your gun than being without a working weapon.

If you must disassemble the rifle, do only the following steps that are necessary. You should skip any that are not necessary to carry out the work that needs to be done. Consult the section of this book on assembling an AR-15 to reassemble the rifle if you run into any problems.

1. The three gas rings (1-11) should be left in place unless they are damaged. ~ew rings are placed on the bolt by gently spreading each one enough to get it in place. Don't line the spaces up on the rings.

2. The charging handle latch and its spring should be left on the charging handle ( 1-14) when possible. The roll pin holding them can be drifted o ut of place if necessary.

3. The key (1-13C) and its bolts (1-13B) should be left in place unless they absolutely need to be replaced. It may be necessary to grind off the metal holding the bolts in place as they are peened on most carriers. A hex wrench is necessary to remove the two bolts.

4. The flash suppressor {3-3) screws off the barrel. Be careful not to lose the lock washer ( 3-4 ). The flash suppressor is most easily removed by clamping the barrel into place.

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DISASSEMBLY 67

5. The front sight assembly (3-5) can be removed by drifting out the two pins (3-6) from the base of the assembly. The pins must be pushed out toward the ejection port side of the rifle. The base, along with the gas tube (3-16), can be moved off the barrel from the muzzle end of the barrel.

6. The front swivel (3-10) can be removed by drifting out the pin holding it. On some AR-15s this is a rivet that must be ground off.

7. The front sight post ( 3-11 ), sight detent ( 3-12), and their spring (3-13) can be released by depressing the detent and unscrewing the front sight post. A front/rear sight tool is useful for doing this.

8. If the front sight has been removed, the gas tube (3-16) can be removed by drifting out its pin (3-15). The gas tube can also be removed without removing the sight base by drifting out the gas tube pin and pushing the tube to the rear of the upper receiver, pulling the tube slightly to the side of the front sight base, and pulling it out of the receiver toward the muzzle of the barrel.

Front sight assembly

Flash suppressor

P~rts identification diagram

9. With the gas tube removed, the barrel nut (3-19) can be unscrewed to remove the barrel. An armorer's wrench is necessary to do this. The barrel can be pulled straight out of the receiver once the nut is removed (it may be necessary to wiggle the barrel a bit to make it creep out).

10. The handguard snap ring (3 -17) along with the weld ring (3-18) and slip ring (3-20) will stay on the barrel nut when it is removed. If you wish to remove them, use a pair of needle-nosed pliers to pull the snap ring free of its groove in the barrel nut.

11. If the barrel is off, the ejection port dust cover (3-24) along with its spring (3-23) and its pin (3-21) can be removed by sliding the pin toward the barrel side of the receiver. If the barrel is left on the upper receiver, then the "C" ring (3-22) can be popped off the pin, and the pin slipped out toward the rear of the receiver thereby freeing the port cover and its spring. (This is a hassle with receivers that have a bolt assist, but it is possible to do on all AR-15 rifles.)

Carrying handle

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000392

000392

68

,__ ,__ --··--

Til£ AR-15/ .1116: A PRACTICAL GUIDE

0348

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000393

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DISASSEMBLY 69

Carrier key bolts can be peened into place.

12. The rear sight windage drum (3-26) can be removed by drifting out the windage drum pin (3-24) and removing the drum, detent (3-27), and detent spring (3-28). The spring is under tension so be careful when freeing it.

13. The rear sight (3-30) can be removed by unscrewing the rear sight screw {3·29). This will free the rear sight spring (3 ·31).

14. If the rifle has a forward assist, the assembly can he rcmo eel by drifting out the pin (3-32) that holds the assembly. Generally it should be drifted out from the top of the rccci\'er toward the lower part of the receiver.

15. The forward assist asscmbly can be disassembled by drifting out the pawl pi\'ot pin (3-34).

16. Remove the pistol grip (2-21) and its screw lock ring (2-20) by unscrewing its screw (2-19). This will also release the selector detent (2-23) and its spring (2-22).

17. Once the pistol grip is off, the selector (2 -7) can be removed from the bolt release side of the receiver. (The hammer should be cocked to do this. )

18. The hammer (2 ·3) and its spring (2-4) can be removed by drifting out their pin (2-2). The spring can be removed by gently pulling one side off the hub. Remember how the spring is positioned on the hammer if you have to remove it.

19. The trigger (2·9), trigger spring (2-10), disconnector (2-8), and the disconnector spring (2-11)

can be removed by drifting out the pin (2-2) holding them. The spring can be removed by gently pulling one side off the hub. Remember how the spring is positioned on the trigger.

20. If the rifle has one, the auto sear (2-6) can be removed by drifting out its pin (2-5).

21. Usc a drift punch to remove the bolt release pin (2-12). This will free the bolt release (2-13), its plungt·r (2-14), and its spring (2-15).

22. Push the magazine release button (2-18) down as far as possible with a small tool and unscrew the magazine catch (2 -16). This will free the two parts along with their spring (2 -17).

23. The front push pin (2-1 A) can be removed on most rifles by pulling the pin all the way to its release position, then inserting a small tool or wire from the barrel side of the pin through the hole in it. This will depress the detent (2-34) and its spring (2 -33), allowing you to pull the pin out. Be careful not to lose the spring and detent as they are under tension.

If the push pin does not have a hole in it through which the wire can be inserted, it will be necessary to use an L-shaped tool which is inserted down the pin groove and used to depress the detent so the pin can be pulled free. This tool can be made by grinding a small L-wrench down to a flat bar on its short end.

24. The stock (2-32A) can be removed by unscrewing the screw (2-26) at its rear. This will also

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000394

000394

70 TilE AR-15jM16: A PRACTICAL GUIDE

release the rear pin detent and its spring which in tum will free the rear push pin (2-35).

25. The buffer tube (2-3 7) can be unscrewed on most models of the AR-15. On some rifles (especially military weapons) a pin (2-36) may have to be drifted out to allow the tube to be unscrewed. If the tube has Loctite or similar material on it, it may be necessary to dissolve it with acetone.

26. On old style rifles (without the trap door on the stock), the rear swivel (2-31, 2-32) can be removed and disassembled by drifting out its pins (2-28, 2-30).

2 7. On rifles with a trap-door stock, the lower screw can be removed to separate the door assembl), from the stock and to free the rear swivel.

28. On the telescoping stock, the rear of the stock can be removed from the buffer tube by levering up the spring-loaded bolt that holds its release handle down. This will allow the stock to be slid off the buffer.

29. To remove the trigger guard (2-41 ), use a small tool to depress the front pin (which is t

spring loaded) so that it releases the front of the guard. Next, drift out the rear roll pin (2-40).

For assembly tips, sec the section on building an AR-15 rifle.

DISASSEMBLY OF MAGAZINES

The magazines should be disassembled occasionally for cleaning and lubrication. On metal

magazines, the metal base on the bottom of the magazine slides out. Some magazines require a small tool to release the plate, which may be held in place by pressure from the spring.

~ewer plastic magazines generally have a catch somewhere on their side. Locate it and gently push it in with a screwdriver or similar tool. When removing the bottom plate from a plastic magazine, be careful not to over flex it as it might become deformed or even crack.

The spring is under pressure and will pop part way out after the floor plate is removed. Jiggle the spring the rest of the way out. The follower will come out with the spring. Do not remove the follower from the spring. If the spring comes loose from the follower, quickly note the way the spring is aligned in the magazine and put the follower back on the spring before doing anything else. If the spring is placed on the follower backward, the magazine will not feed properly!

Carefully wipe all dirt from the magazine and very lightly lubricate it. Too much oil will attract dirt.

\\Then reassembling the magazine, jiggle the spring back into place after placing the follower so that its front faces the front of the magazine.

Slide the base plate back into place. Be sure the printing is facing so that you can see it on the outside of the bottom of the magazine. Check to make sure the base plate is secure and won't come loose.

0350

0350


FATD Workload

Fiscal Year Evaluations Cases (Exhibits)

FY 14 264 492 (1462)

FY 13 258 512 (1228)

FY 12 232 494 (1150)

FY 11 241 565 (1579)

FY 10 257 579 (1348)

FY 09 225 604 (1750)

FY 08 204 566 (1451)

0351

0351


0

100

200

300

400

500

600

700

800

FY 08 FY 09 FY 10 FY 11 FY 12 FY 13 FY 14

FTB Workload

Evaluations Cases Exhibits

0352

0352


Firearms Technology Branch

Lee Imrey

2007

Field Support Statistics

FY 2009 FY 2010 FY 2011

ATF Case Assignments (Evidence Evaluations)

604 575 566

Number of evidence exhibits evaluated 1733 1512 1576

Evidence Evaluation Expedites 115 112 130

Trial Testimony 42 47 38

Search Warrant Assistance 10 21 17

Travel to assist Agents with firearms identification

15 31 20

Training Provided by FTB 23 25 61

PGA Support (Range shoots) 15 3 2

Seminars/Conferences Attended 20 26 6

0353

0353



Lee Imrey

2007

Industry / Public Statistics

FY 2009 FY 2010 FY 2011

Total Correspondence 1247 1158 1191

Variance Requests 627 574 625

Freedom of Information Act (FOIA)

requests

2 16 14

Congressional Responses 5 3 2

Email Responses from Public/Industry 128 346 576

Tours 58 80 67

Industry Visitors 8 12 5

Estimated Phone calls per day 50 50 50

0354

0354


0355

0355


Case 1:14-cv-01211-JAM-SAB Document 25 Filed 01/09/15 ...

Documents

Transcript of Case 1:14-cv-01211-JAM-SAB Document 25 Filed 01/09/15 ...