27 CFR Part 478.40a

[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: 27CFR478.40a]

[Page 76-77]

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. 478.40a Transfer and possession of large capacity ammunition
feeding devices.

(a) Prohibition. No person shall transfer or possess a large
capacity ammunition feeding device.
(b) Exceptions. The provisions of paragraph (a) of this section
shall not apply to:
(1) The possession or transfer of any large capacity ammunition
feeding device otherwise lawfully possessed on September 13, 1994;
(2) The manufacture for, transfer to, or possession by the United
States or a department or agency of the United States or a State or a
department, agency, or political subdivision of a State, or a transfer
to or possession by a law enforcement officer employed by such an entity
for purposes of law enforcement;
(3) The transfer to a licensee under title I of the Atomic Energy
Act of 1954 for purposes of establishing and maintaining an on-site
physical protection system and security organization required by Federal
law, or possession by an employee or contractor of such licensee on-site
for such purposes or off-site for purposes of licensee-authorized
training or transportation of nuclear materials;
(4) The possession, by an individual who is retired from service
with a law enforcement agency and is not otherwise prohibited from
receiving ammunition, of a large capacity ammunition feeding device
transferred to the individual by the agency upon such retirement;
(5) The manufacture, transfer, or possession of any large capacity
ammunition feeding device by a manufacturer or importer for the purposes
of testing or experimentation in accordance with Sec. 478.153; or
(6) The manufacture, transfer, or possession of any large capacity
ammunition feeding device by a manufacturer or importer for the purpose
of exportation in accordance with the Arms Export Control Act (22 U.S.C.
2778).
(c) Importation, manufacture, and dealing in large capacity
ammunition feeding devices. Possession and transfer of large capacity
ammunition feeding devices by persons who manufacture, import, or deal
in such devices will be presumed to be lawful if such persons maintain
evidence establishing that the devices are possessed and transferred for
sale to purchasers specified in paragraph (b) of this section. Examples
of acceptable evidence include the following:
(1) Contracts between persons who import or manufacture such devices
and persons who deal in such devices stating that the devices may only
be sold to law enforcement agencies or

[[Page 77]]

other purchasers specified in paragraph (b) of this section;
(2) Copies of purchase orders submitted to persons who manufacture,
import, or deal in such devices by law enforcement agencies or other
purchasers specified in paragraph (b) of this section;
(3) Copies of letters submitted to persons who manufacture, import,
or deal in such devices by government agencies or other purchasers
specified in paragraph (b) of this section expressing an interest in
purchasing the devices;
(4) Letters from persons who deal in such devices to persons who
import or manufacture such devices stating that sales will only be made
to law enforcement agencies or other purchasers specified in paragraph
(b) of this section; and
(5) Letters from law enforcement officers purchasing in accordance
with paragraph (b)(2) of this section and Sec. 478.132.

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

[T.D. ATF-363, 60 FR 17452, Apr. 6, 1995, as amended by T.D. ATF-383, 61
FR 39321, July 29, 1996]