27 CFR Part 478.28

[Code of Federal Regulations]
[Title 27, Volume 2]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 27CFR478.28]

[Page 69-70]

TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS

CHAPTER II--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES,
DEPARTMENT OF JUSTICE

PART 478_COMMERCE IN FIREARMS AND AMMUNITION--Table of Contents

Subpart C_Administrative and Miscellaneous Provisions

Sec. 478.28 Transportation of destructive devices and certain firearms.

(a) The Director may authorize a person to transport in interstate
or foreign commerce any destructive device, machine gun, short-barreled
shotgun, or short-barreled rifle, if he finds that such transportation
is reasonably necessary and is consistent with public safety and
applicable State and local law. A person who desires to transport in
interstate or foreign commerce any such device or weapon shall submit a
written request so to do, in duplicate, to the Director. The request
shall contain:
(1) A complete description and identification of the device or
weapon to be transported;
(2) A statement whether such transportation involves a transfer of
title;
(3) The need for such transportation;
(4) The approximate date such transportation is to take place;
(5) The present location of such device or weapon and the place to
which it is to be transported;

[[Page 70]]

(6) The mode of transportation to be used (including, if by common
or contract carrier, the name and address of such carrier); and
(7) Evidence that the transportation or possession of such device or
weapon is not inconsistent with the laws at the place of destination.
(b) No person shall transport any destructive device, machine gun,
short-barreled shotgun, or short-barreled rifle in interstate or foreign
commerce under the provisions of this section until he has received
specific authorization so to do from the Director. Authorization granted
under this section does not carry or import relief from any other
statutory or regulatory provision relating to firearms.
(c) This section shall not be construed as requiring licensees to
obtain authorization to transport destructive devices, machine guns,
short-barreled shotguns, and short-barreled rifles in interstate or
foreign commerce: Provided, That in the case of a licensed importer,
licensed manufacturer, or licensed dealer, such a licensee is qualified
under the National Firearms Act (see also Part 479 of this chapter) and
this part to engage in the business with respect to the device or weapon
to be transported, and that in the case of a licensed collector, the
device or weapon to be transported is a curio or relic.

[33 FR 18555, Dec. 14, 1968. Redesignated at 40 FR 16385, Apr. 15, 1975,
and amended by T.D. ATF-138, 48 FR 35399, Aug. 4, 1983]