27 CFR Part 478.40

[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: 27CFR478.40]

[Page 75-76]

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. 478.40 Manufacture, transfer, and possession of semiautomatic
assault weapons.

(a) Prohibition. No person shall manufacture, transfer, or possess a
semiautomatic assault weapon.
(b) Exceptions. The provisions of paragraph (a) of this section
shall not apply to:
(1) The possession or transfer of any semiautomatic assault weapon
otherwise lawfully possessed in the United States under Federal law on
September 13, 1994;
(2) Any of the firearms, or replicas or duplicates of the firearms,
specified in 18 U.S.C. 922, Appendix A, as such firearms existed on
October 1, 1993;
(3) Any firearm that--
(i) Is manually operated by bolt, pump, lever, or slide action;
(ii) Has been rendered permanently inoperable; or
(iii) Is an antique firearm;
(4) Any semiautomatic rifle that cannot accept a detachable magazine
that holds more than 5 rounds of ammunition;
(5) Any semiautomatic shotgun that cannot hold more than 5 rounds of
ammunition in a fixed or detachable magazine;
(6) The manufacture for, transfer to, or possession by the United
States or a department or agency of the United States or a State or a
department, agency, or political subdivision of a State, or a transfer
to or possession by a law enforcement officer employed by such an entity
for purposes of law enforcement;
(7) The transfer to a licensee under title I of the Atomic Energy
Act of 1954 (42 U.S.C. 2011 et seq.) for purposes of establishing and
maintaining an on-site physical protection system and security
organization required by Federal law, or possession by an employee or
contractor of such licensee on-site for such purposes or off-site for
purposes of licensee-authorized training or transportation of nuclear
materials;
(8) The possession, by an individual who is retired from service
with a law enforcement agency and is not otherwise prohibited from
receiving a firearm, of a semiautomatic assault weapon transferred to
the individual by the agency upon such retirement;
(9) The manufacture, transfer, or possession of a semiautomatic
assault weapon by a licensed manufacturer or licensed importer for the
purposes of testing or experimentation as authorized by the Director
under the provisions of Sec. 478.153; or
(10) The manufacture, transfer, or possession of a semiautomatic
assault weapon by a licensed manufacturer, licensed importer, or
licensed dealer for the purpose of exportation in compliance with the
Arms Export Control Act (22 U.S.C. 2778).

[[Page 76]]

(c) Manufacture and dealing in semiautomatic assault weapons.
Subject to compliance with the provisions of this part, licensed
manufacturers and licensed dealers in semiautomatic assault weapons may
manufacture and deal in such weapons manufactured after September 13,
1994: Provided, The licensee obtains evidence that the weapons will be
disposed of in accordance with paragraph (b) of this section. Examples
of acceptable evidence include the following:
(1) Contracts between the manufacturer and dealers stating that the
weapons may only be sold to law enforcement agencies, law enforcement
officers, or other purchasers specified in paragraph (b) of this
section;
(2) Copies of purchase orders submitted to the manufacturer or
dealer by law enforcement agencies or other purchasers specified in
paragraph (b) of this section;
(3) Copies of letters submitted to the manufacturer or dealer by
government agencies, law enforcement officers, or other purchasers
specified in paragraph (b) of this section expressing an interest in
purchasing the semiautomatic assault weapons;
(4) Letters from dealers to the manufacturer stating that sales will
only be made to law enforcement agencies, law enforcement officers, or
other purchasers specified in paragraph (b) of this section; and
(5) Letters from law enforcement officers purchasing in accordance
with paragraph (b)(6) of this section and Sec. 478.132.

(Paragraph (c) approved by the Office of Management and Budget under
control number 1512-0526)

[T.D. ATF-363, 60 FR 17451, Apr. 6, 1995]