27 CFR 478.112 Importation by a licensed importer

[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: 27CFR478.112]

[Page 96-97]

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 G_Importation

Sec. 478.112 Importation by a licensed importer.

(a) No firearm, firearm barrel, or ammunition shall be imported or
brought into the United States by a licensed importer (as defined in
Sec. 478.11) unless the Director has authorized the importation of the
firearm, firearm barrel, or ammunition.
(b)(1) An application for a permit, ATF Form 6--Part I, to import or
bring a firearm, firearm barrel, or ammunition into the United States or
a possession thereof under this section must be filed, in triplicate,
with the Director. The application must be signed and dated and must
contain the information requested on the form, including:
(i) The name, address, telephone number, and license number
(including expiration date) of the importer;
(ii) The country from which the firearm, firearm barrel, or
ammunition is to be imported;
(iii) The name and address of the foreign seller and foreign
shipper;
(iv) A description of the firearm, firearm barrel, or ammunition to
be imported, including:
(A) The name and address of the manufacturer;
(B) The type (e.g., rifle, shotgun, pistol, revolver and, in the
case of ammunition only, ball, wadcutter, shot, etc.);
(C) The caliber, gauge, or size;
(D) The model;
(E) The barrel length, if a firearm or firearm barrel (in inches);
(F) The overall length, if a firearm (in inches);
(G) The serial number, if known;
(H) Whether the firearm is new or used;
(I) The quantity;
(J) The unit cost of the firearm, firearm barrel, or ammunition to
be imported;
(v) The specific purpose of importation, including final recipient
information if different from the importer;
(vi) Verification that if a firearm, it will be identified as
required by this part; and
(vii)(A) If a firearm or ammunition imported or brought in for
scientific or research purposes, a statement describing such purpose; or
(B) If a firearm or ammunition for use in connection with
competition or training pursuant to Chapter 401 of Title 10, U.S.C., a
statement describing such intended use; or
(C) If an unserviceable firearm (other than a machine gun) being
imported as a curio or museum piece, a description of how it was
rendered unserviceable and an explanation of why it is a curio or museum
piece; or
(D) If a firearm other than a surplus military firearm, of a type
that does not fall within the definition of a firearm under section
5845(a) of the Internal Revenue Code of 1986, and is for sporting
purposes, an explanation of why the firearm is generally recognized

[[Page 97]]

as particularly suitable for or readily adaptable to sporting purposes;
or
(E) If ammunition being imported for sporting purposes, a statement
why the ammunition is particularly suitable for or readily adaptable to
sporting purposes; or
(F) If a firearm barrel for a handgun, an explanation why the
handgun is generally recognized as particularly suitable for or readily
adaptable to sporting purposes.(2)(i) If the Director approves the
application, such approved application will serve as the permit to
import the firearm, firearm barrel, or ammunition described therein, and
importation of such firearms, firearm barrels, or ammunition may
continue to be made by the licensed importer under the approved
application (permit) during the period specified thereon. The Director
will furnish the approved application (permit) to the applicant and
retain two copies thereof for administrative use.
(ii) If the Director disapproves the application, the licensed
importer will be notified of the basis for the disapproval.
(c) A firearm, firearm barrel, or ammunition imported or brought
into the United States or a possession thereof under the provisions of
this section by a licensed importer may be released from Customs custody
to the licensed importer upon showing that the importer has obtained a
permit from the Director for the importation of the firearm, firearm
barrel, or ammunition to be released. The importer will also submit to
Customs a copy of the export license authorizing the export of the
firearm, firearm barrel, or ammunition from the exporting country. If
the exporting country does not require issuance of an export license,
the importer must submit a certification, under penalty of perjury, to
that effect.
(1) In obtaining the release from Customs custody of a firearm,
firearm barrel, or ammunition authorized by this section to be imported
through the use of a permit, the licensed importer will prepare ATF Form
6A, in duplicate, and furnish the original ATF Form 6A to the Customs
officer releasing the firearm, firearm barrel, or ammunition. The
Customs officer will, after certification, forward the ATF Form 6A to
the address specified on the form.
(2) The ATF Form 6A must contain the information requested on the
form, including:
(i) The name, address, and license number of the importer;
(ii) The name of the manufacturer of the firearm, firearm barrel, or
ammunition;
(iii) The country of manufacture;
(iv) The type;
(v) The model;
(vi) The caliber, gauge, or size;
(vii) The serial number in the case of firearms, if known; and
(viii) The number of firearms, firearm barrels, or rounds of
ammunition released.
(d) Within 15 days of the date of release from Customs custody, the
licensed importer must:
(1) Forward to the address specified on the form a copy of ATF Form
6A on which must be reported any error or discrepancy appearing on the
ATF Form 6A certified by Customs and serial numbers if not previously
provided on ATF Form 6A;
(2) Pursuant to Sec. 478.92, place all required identification data
on each imported firearm if same did not bear such identification data
at the time of its release from Customs custody; and
(3) Post in the records required to be maintained by the importer
under subpart H of this part all required information regarding the
importation.

(Paragraph (b) approved by the Office of Management and Budget under
control number 1512-0017; paragraphs (c) and (d) approved by the Office
of Management and Budget under control number 1512-0019)

[T.D. ATF-270, 53 FR 10498, Mar. 31, 1988, as amended by T.D. ATF-426,
65 FR 38198, June 20, 2000]