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local law enforcement agency, the Director of Industry Operations may provide such agency any information contained in the records required to be
maintained by the Act or this part.
§ 478.27 Destructive device determination.
The Director shall determine in accordance with 18 U.S.C. 921(a)(4) whether a device is excluded from the definition of a destructive device. A person
who desires to obtain a determination
under that provision of law for any device which he believes is not likely to
be used as a weapon shall submit a
written request, in triplicate, for a ruling thereon to the Director. Each such
request shall be executed under the
penalties of perjury and contain a complete and accurate description of the
device, the name and address of the
manufacturer or importer thereof, the
purpose of and use for which it is intended, and such photographs, diagrams, or drawings as may be necessary to enable the Director to make
his determination. The Director may
require the submission to him, of a
sample of such device for examination
and evaluation. If the submission of
such device is impracticable, the person requesting the ruling shall so advise the Director and designate the
place where the device will be available
for examination and evaluation.
[T.D. ATF–270, 53 FR 10493, Mar. 31, 1988]
§ 478.25a Responses to requests for information.
Each licensee shall respond immediately to, and in no event later than
24 hours after the receipt of, a request
by an ATF officer at the National
Tracing Center for information contained in the records required to be
kept by this part for determining the
disposition of one or more firearms in
the course of a bona fide criminal investigation. The requested information
shall be provided orally to the ATF officer within the 24-hour period.
Verification of the identity and employment of National Tracing Center
personnel requesting information may
be established at the time the requested information is provided by
telephoning the toll-free number 1–800–
788–7132 or using the toll-free facsimile
(FAX) number 1–800–788–7133.
(Approved by the Office of Management and
Budget under control number 1140–0032)
§ 478.28 Transportation of destructive
devices and certain firearms.
[T.D. ATF–363, 60 FR 17451, Apr. 6, 1996, as
amended by T.D. ATF–396, 63 FR 12646, Mar.
16, 1998; ATF–11F, 73 FR 57240, Oct. 2, 2008]
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§ 478.26
§ 478.28
(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;
Curio and relic determination.
Any person who desires to obtain a
determination whether a particular
firearm is a curio or relic shall submit
a written request, in duplicate, for a
ruling thereon to the Director. Each
such request shall be executed under
the penalties of perjury and shall contain a complete and accurate description of the firearm, and such photographs, diagrams, or drawings as may
be necessary to enable the Director to
make a determination. The Director
may require the submission of the firearm for examination and evaluation. If
the submission of the firearm is impractical, the person requesting the determination shall so advise the Director and designate the place where the
firearm will be available for examination and evaluation.
[T.D. ATF–270, 53 FR 10493, Mar. 31, 1988]
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§ 478.29
27 CFR Ch. II (4–1–10 Edition)
(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, shortbarreled 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.
person to purchase or possess such firearm in that State,
(b) Shall not apply to the transportation or receipt of a rifle or shotgun
obtained from a licensed manufacturer,
licensed importer, licensed dealer, or
licensed collector in a State other than
the transferee’s State of residence in
an over-the-counter transaction at the
licensee’s premises obtained in conformity
with
the
provisions
of
§ 478.96(c) and
(c) Shall not apply to the transportation or receipt of a firearm obtained
in conformity with the provisions of
§§ 478.30 and 478.97.
[T.D. ATF–270, 53 FR 10493, Mar. 31, 1988]
§ 478.29a Acquisition of firearms by
nonresidents.
No person, other than a licensed importer, licensed manufacturer, licensed
dealer, or licensed collector, who does
not reside in any State shall receive
any firearms unless such receipt is for
lawful sporting purposes.
[T.D. ATF–363, 60 FR 17451, Apr. 6, 1995]
§ 478.30 Out-of-State
disposition
firearms by nonlicensees.
No nonlicensee shall transfer, sell,
trade, give, transport, or deliver any
firearm to any other nonlicensee, who
the transferor knows or has reasonable
cause to believe does not reside in (or if
the person is a corporation or other
business entity, does not maintain a
place of business in) the State in which
the transferor resides: Provided, That
the provisions of this section:
(a) shall not apply to the transfer,
transportation, or delivery of a firearm
made to carry out a bequest of a firearm to, or any acquisition by intestate
succession of a firearm by, a person
who is permitted to acquire or possess
a firearm under the laws of the State of
his residence; and
(b) shall not apply to the loan or
rental of a firearm to any person for
temporary use for lawful sporting purposes.
[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]
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§ 478.29 Out-of-State
acquisition
firearms by nonlicensees.
of
No person, other than a licensed importer, licensed manufacturer, licensed
dealer, or licensed collector, shall
transport into or receive in the State
where the person resides (or if a corporation or other business entity,
where it maintains a place of business)
any firearm purchased or otherwise obtained by such person outside that
State: Provided, That the provisions of
this section:
(a) Shall not preclude any person who
lawfully acquires a firearm by bequest
or intestate succession in a State other
than his State of residence from transporting the firearm into or receiving it
in that State, if it is lawful for such
[T.D. ATF–313, 56 FR 32508, July 17, 1991; 57
FR 1205, Jan. 10, 1992]
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| File Type | application/pdf |
| File Modified | 2012-06-06 |
| File Created | 2012-06-06 |