27 Cfr 478.11

§ 478.2

27 CFR Ch. II (4–1–10 Edition)

(7) Exempt interstate and foreign
commerce in firearms and ammunition; and
(8) Restrictions on armor piercing
ammunition.

(1) Is a danger to himself or to others; or
(2) Lacks the mental capacity to contract or manage his own affairs.
(b) The term shall include—
(1) A finding of insanity by a court in
a criminal case; and
(2) Those persons found incompetent
to stand trial or found not guilty by
reason of lack of mental responsibility
pursuant to articles 50a and 72b of the
Uniform Code of Military Justice, 10
U.S.C. 850a, 876b.
Admitted to the United States for lawful
hunting or sporting purposes. (a) Is entering the United States to participate
in a competitive target shooting event
sponsored by a national, State, or local
organization, devoted to the competitive use or other sporting use of firearms; or
(b) Is entering the United States to
display firearms at a sports or hunting
trade show sponsored by a national,
State, or local firearms trade organization, devoted to the competitive use or
other sporting use of firearms.
Alien. Any person not a citizen or national of the United States.
Alien illegally or unlawfully in the
United States. Aliens who are unlawfully in the United States are not in
valid immigrant, nonimmigrant or parole status. The term includes any
alien—
(a) Who unlawfully entered the
United States without inspection and
authorization by an immigration officer and who has not been paroled into
the United States under section
212(d)(5) of the Immigration and Nationality Act (INA);
(b) Who is a nonimmigrant and whose
authorized period of stay has expired or
who has violated the terms of the nonimmigrant category in which he or she
was admitted;
(c) Paroled under INA section
212(d)(5) whose authorized period of parole has expired or whose parole status
has been terminated; or
(d) Under an order of deportation, exclusion, or removal, or under an order
to depart the United States voluntarily, whether or not he or she has left
the United States.
Ammunition. Ammunition or cartridge cases, primers, bullets, or propellent powder designed for use in any

[T.D. ATF–270, 53 FR 10490, Mar. 31, 1988, as
amended by T.D. ATF–354, 59 FR 7112, Feb.
14, 1994; T.D. ATF–363, 60 FR 17450, Apr. 6,
1995; T.D. ATF–401, 63 FR 35522, June 30, 1998;
T.D. ATF–471, 67 FR 5425, Feb. 5, 2002]

§ 478.2 Relation to other provisions of
law.
The provisions in this part are in addition to, and are not in lieu of, any
other provision of law, or regulations,
respecting commerce in firearms or
ammunition. For regulations applicable to traffic in machine guns, destructive devices, and certain other firearms, see Part 479 of this chapter. For
statutes applicable to the registration
and licensing of persons engaged in the
business of manufacturing, importing
or exporting arms, ammunition, or implements of war, see section 38 of the
Arms Export Control Act (22 U.S.C.
2778) and regulations thereunder and
Part 447 of this chapter. For statutes
applicable to nonmailable firearms, see
18 U.S.C. 1715 and regulations thereunder.
[T.D. ATF–270, 53 FR 10490, Mar. 31, 1988]

Subpart B—Definitions

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§ 478.11

Meaning of terms.

When used in this part and in forms
prescribed under this part, where not
otherwise distinctly expressed or manifestly incompatible with the intent
thereof, terms shall have the meanings
ascribed in this section. Words in the
plural form shall include the singular,
and vice versa, and words importing
the masculine gender shall include the
feminine. The terms ‘‘includes’’ and
‘‘including’’ do not exclude other
things not enumerated which are in the
same general class or are otherwise
within the scope thereof.
Act. 18 U.S.C. Chapter 44.
Adjudicated as a mental defective. (a) A
determination by a court, board, commission, or other lawful authority that
a person, as a result of marked subnormal intelligence, or mental illness,
incompetency, condition, or disease:

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Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice
firearm other than an antique firearm.
The term shall not include (a) any
shotgun shot or pellet not designed for
use as the single, complete projectile
load for one shotgun hull or casing, nor
(b) any unloaded, non-metallic shotgun
hull or casing not having a primer.
Antique firearm. (a) Any firearm (including any firearm with a matchlock,
flintlock, percussion cap, or similar
type of ignition system) manufactured
in or before 1898; and (b) any replica of
any firearm described in paragraph (a)
of this definition if such replica (1) is
not designed or redesigned for using
rimfire or conventional centerfire fixed
ammunition, or (2) uses rimfire or conventional centerfire fixed ammunition
which is no longer manufactured in the
United States and which is not readily
available in the ordinary channels of
commercial trade.
Armor piercing ammunition. Projectiles or projectile cores which may be
used in a handgun and which are constructed entirely (excluding the presence of traces of other substances)
from one or a combination of tungsten
alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium; or
full jacketed projectiles larger than .22
caliber designed and intended for use in
a handgun and whose jacket has a
weight of more than 25 percent of the
total weight of the projectile. The term
does not include shotgun shot required
by Federal or State environmental or
game regulations for hunting purposes,
frangible projectiles designed for target shooting, projectiles which the Director finds are primarily intended to
be used for sporting purposes, or any
other projectiles or projectile cores
which the Director finds are intended
to be used for industrial purposes, including charges used in oil and gas well
perforating devices.
ATF officer. An officer or employee of
the Bureau of Alcohol, Tobacco and
Firearms (ATF) authorized to perform
any function relating to the administration or enforcement of this part.
Business premises. The property on
which the manufacturing or importing
of firearms or ammunition or the dealing in firearms is or will be conducted.
A private dwelling, no part of which is
open to the public, shall not be recog-

§ 478.11

nized as coming within the meaning of
the term.
Chief, Federal Firearms Licensing Center (FFLC). The ATF official responsible for the issuance and renewal of licenses under this part.
Collector. Any person who acquires,
holds, or disposes of firearms as curios
or relics.
Collection premises. The premises described on the license of a collector as
the location at which he maintains his
collection of curios and relics.
Commerce. Travel, trade, traffic, commerce, transportation, or communication among the several States, or between the District of Columbia and any
State, or between any foreign country
or any territory or possession and any
State or the District of Columbia, or
between points in the same State but
through any other State or the District
of Columbia or a foreign country.
Committed to a mental institution. A
formal commitment of a person to a
mental institution by a court, board,
commission, or other lawful authority.
The term includes a commitment to a
mental institution involuntarily. The
term includes commitment for mental
defectiveness or mental illness. It also
includes commitments for other reasons, such as for drug use. The term
does not include a person in a mental
institution for observation or a voluntary admission to a mental institution.
Controlled substance. A drug or other
substance, or immediate precursor, as
defined in section 102 of the Controlled
Substances Act, 21 U.S.C. 802. The term
includes, but is not limited to, marijuana, depressants, stimulants, and
narcotic drugs. The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are
defined or used in Subtitle E of the Internal Revenue Code of 1986, as amended.
Crime punishable by imprisonment for a
term exceeding 1 year. Any Federal,
State or foreign offense for which the
maximum penalty, whether or not imposed, is capital punishment or imprisonment in excess of 1 year. The term
shall not include (a) any Federal or
State offenses pertaining to antitrust

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§ 478.11

27 CFR Ch. II (4–1–10 Edition)

violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of
business practices or (b) any State offense classified by the laws of the State
as a misdemeanor and punishable by a
term of imprisonment of 2 years or
less. What constitutes a conviction of
such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were
held. Any conviction which has been
expunged or set aside or for which a
person has been pardoned or has had
civil rights restored shall not be considered a conviction for the purposes of
the Act or this part, unless such pardon, expunction, or restoration of civil
rights expressly provides that the person may not ship, transport, possess, or
receive firearms, or unless the person
is prohibited by the law of the jurisdiction in which the proceedings were held
from receiving or possessing any firearms.
Curios or relics. Firearms which are of
special interest to collectors by reason
of some quality other than is associated with firearms intended for sporting use or as offensive or defensive
weapons. To be recognized as curios or
relics, firearms must fall within one of
the following categories:
(a) Firearms which were manufactured at least 50 years prior to the current date, but not including replicas
thereof;
(b) Firearms which are certified by
the curator of a municipal, State, or
Federal museum which exhibits firearms to be curios or relics of museum
interest; and
(c) Any other firearms which derive a
substantial part of their monetary
value from the fact that they are
novel, rare, bizarre, or because of their
association with some historical figure,
period, or event. Proof of qualification
of a particular firearm under this category may be established by evidence
of present value and evidence that like
firearms are not available except as
collector’s items, or that the value of
like firearms available in ordinary
commercial channels is substantially
less.
Customs officer. Any officer of the
Customs Service or any commissioned,
warrant, or petty officer of the Coast

Guard, or any agent or other person authorized by law or designated by the
Secretary of the Treasury to perform
any duties of an officer of the Customs
Service.
Dealer. Any person engaged in the
business of selling firearms at wholesale or retail; any person engaged in
the business of repairing firearms or of
making or fitting special barrels,
stocks, or trigger mechanisms to firearms; or any person who is a pawnbroker. The term shall include any person who engages in such business or occupation on a part-time basis.
Destructive device. (a) Any explosive,
incendiary, or poison gas (1) bomb, (2)
grenade, (3) rocket having a propellant
charge of more than 4 ounces, (4) missile having an explosive or incendiary
charge of more than one-quarter ounce,
(5) mine, or (6) device similar to any of
the devices described in the preceding
paragraphs of this definition; (b) any
type of weapon (other than a shotgun
or a shotgun shell which the Director
finds is generally recognized as particularly suitable for sporting purposes) by whatever name known which
will, or which may be readily converted
to, expel a projectile by the action of
an explosive or other propellant, and
which has any barrel with a bore of
more than one-half inch in diameter;
and (c) any combination of parts either
designed or intended for use in converting any device into any destructive
device described in paragraph (a) or (b)
of this section and from which a destructive device may be readily assembled. The term shall not include any
device which is neither designed nor redesigned for use as a weapon; any device, although originally designed for
use as a weapon, which is redesigned
for use as a signalling, pyrotechnic,
line throwing, safety, or similar device;
surplus ordnance sold, loaned, or given
by the Secretary of the Army pursuant
to the provisions of section 4684(2),
4685, or 4686 of title 10, United States
Code; or any other device which the Director finds is not likely to be used as
a weapon, is an antique, or is a rifle
which the owner intends to use solely
for sporting, recreational, or cultural
purposes.

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Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice
Director. The Director, Bureau of Alcohol, Tobacco and Firearms, the Department of the Treasury, Washington,
DC.
Director of Industry Operations. The
principal ATF official in a Field Operations division responsible for administering regulations in this part.
Discharged under dishonorable conditions. Separation from the U.S. Armed
Forces resulting from a dishonorable
discharge or dismissal adjudged by a
general court-martial. The term does
not include any separation from the
Armed Forces resulting from any other
discharge, e.g., a bad conduct discharge.
Division. A Bureau of Alcohol, Tobacco and Firearms Division.
Engaged in the business—(a) Manufacturer of firearms. A person who devotes
time, attention, and labor to manufacturing firearms as a regular course of
trade or business with the principal objective of livelihood and profit through
the sale or distribution of the firearms
manufactured;
(b) Manufacturer of ammunition. A
person who devotes time, attention,
and labor to manufacturing ammunition as a regular course of trade or
business with the principal objective of
livelihood and profit through the sale
or distribution of the ammunition
manufactured;
(c) Dealer in firearms other than a gunsmith or a pawnbroker. A person who devotes time, attention, and labor to
dealing in firearms as a regular course
of trade or business with the principal
objective of livelihood and profit
through the repetitive purchase and resale of firearms, but such a term shall
not include a person who makes occasional sales, exchanges, or purchases of
firearms for the enhancement of a personal collection or for a hobby, or who
sells all or part of his personal collection of firearms;
(d) Gunsmith. A person who devotes
time, attention, and labor to engaging
in such activity as a regular course of
trade or business with the principal objective of livelihood and profit, but
such a term shall not include a person
who makes occasional repairs of firearms or who occasionally fits special
barrels, stocks, or trigger mechanisms
to firearms;

§ 478.11

(e) Importer of firearms. A person who
devotes time, attention, and labor to
importing firearms as a regular course
of trade or business with the principal
objective of livelihood and profit
through the sale or distribution of the
firearms imported; and,
(f) Importer of ammunition. A person
who devotes time, attention, and labor
to importing ammunition as a regular
course of trade or business with the
principal objective of livelihood and
profit through the sale or distribution
of the ammunition imported.
Executed under penalties of perjury.
Signed with the prescribed declaration
under the penalties of perjury as provided on or with respect to the return
form, or other document or, where no
form of declaration is prescribed, with
the declaration:
‘‘I declare under the penalties of perjury
that this—(insert type of document, such as,
statement, application, request, certificate),
including the documents submitted in support thereof, has been examined by me and,
to the best of my knowledge and belief, is
true, correct, and complete.’’

Federal Firearms Act. 15 U.S.C. Chapter 18.
Firearm. Any weapon, including a
starter gun, which will or is designed
to or may readily be converted to expel
a projectile by the action of an explosive; the frame or receiver of any such
weapon; any firearm muffler or firearm
silencer; or any destructive device; but
the term shall not include an antique
firearm. In the case of a licensed collector, the term shall mean only curios
and relics.
Firearm frame or receiver. That part of
a firearm which provides housing for
the hammer, bolt or breechblock, and
firing mechanism, and which is usually
threaded at its forward portion to receive the barrel.
Firearm muffler or firearm silencer. Any
device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of
parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm
muffler, and any part intended only for
use in such assembly or fabrication.
Friendly foreign government. Any government with whom the United States
has diplomatic relations and whom the

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§ 478.11

27 CFR Ch. II (4–1–10 Edition)

United States has not identified as a
State sponsor of terrorism.
Fugitive from justice. Any person who
has fled from any State to avoid prosecution for a felony or a misdemeanor;
or any person who leaves the State to
avoid giving testimony in any criminal
proceeding. The term also includes any
person who knows that misdemeanor
or felony charges are pending against
such person and who leaves the State
of prosecution.
Handgun. (a) Any firearm which has
a short stock and is designed to be held
and fired by the use of a single hand;
and
(b) Any combination of parts from
which a firearm described in paragraph
(a) can be assembled.
Hunting license or permit lawfully
issued in the United States. A license or
permit issued by a State for hunting
which is valid and unexpired.
Identification document. A document
containing the name, residence address, date of birth, and photograph of
the holder and which was made or
issued by or under the authority of the
United States Government, a State, political subdivision of a State, a foreign
government, political subdivision of a
foreign government, an international
governmental or an international
quasigovernmental
organization
which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals.
Importation. The bringing of a firearm
or ammunition into the United States;
except that the bringing of a firearm or
ammunition from outside the United
States into a foreign-trade zone for
storage pending shipment to a foreign
country or subsequent importation
into this country, pursuant to this
part, shall not be deemed importation.
Importer. Any person engaged in the
business of importing or bringing firearms or ammunition into the United
States. The term shall include any person who engages in such business on a
part-time basis.
Indictment. Includes an indictment or
information in any court, under which
a crime punishable by imprisonment
for a term exceeding 1 year (as defined
in this section) may be prosecuted, or

in military cases to any offense punishable by imprisonment for a term exceeding 1 year which has been referred
to a general court-martial. An information is a formal accusation of a crime,
differing from an indictment in that it
is made by a prosecuting attorney and
not a grand jury.
Interstate or foreign commerce. Includes commerce between any place in
a State and any place outside of that
State, or within any possession of the
United States (not including the Canal
Zone) or the District of Columbia. The
term shall not include commerce between places within the same State but
through any place outside of that
State.
Intimate partner. With respect to a
person, the spouse of the person, a
former spouse of the person, an individual who is a parent of a child of the
person, and an individual who cohabitates or has cohabitated with the person.
Large capacity ammunition feeding device. A magazine, belt, drum, feed strip,
or similar device for a firearm manufactured after September 13, 1994, that
has a capacity of, or that can be readily restored or converted to accept,
more than 10 rounds of ammunition.
The term does not include an attached
tubular device designed to accept, and
capable of operating only with, .22 caliber rimfire ammunition, or a fixed device for a manually operated firearm,
or a fixed device for a firearm listed in
18 U.S.C. 922, Appendix A.
Licensed collector. A collector of curios and relics only and licensed under
the provisions of this part.
Licensed dealer. A dealer licensed
under the provisions of this part.
Licensed importer. An importer licensed under the provisions of this
part.
Licensed manufacturer. A manufacturer licensed under the provisions of
this part.
Machine gun. Any weapon which
shoots, is designed to shoot, or can be
readily restored to shoot, automatically more than one shot, without
manual reloading, by a single function
of the trigger. The term shall also include the frame or receiver of any such

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Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice
weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon
into a machine gun, and any combination of parts from which a machine gun
can be assembled if such parts are in
the possession or under the control of a
person.
Manufacturer. Any person engaged in
the business of manufacturing firearms
or ammunition. The term shall include
any person who engages in such business on a part-time basis.
Mental institution. Includes mental
health facilities, mental hospitals,
sanitariums, psychiatric facilities, and
other facilities that provide diagnoses
by licensed professionals of mental retardation or mental illness, including a
psychiatric ward in a general hospital.
Misdemeanor crime of domestic violence.
(a) Is a Federal, State or local offense
that:
(1) Is a misdemeanor under Federal
or State law or, in States which do not
classify offenses as misdemeanors, is
an offense punishable by imprisonment
for a term of one year or less, and includes offenses that are punishable
only by a fine. (This is true whether or
not the State statute specifically defines the offense as a ‘‘misdemeanor’’
or as a ‘‘misdemeanor crime of domestic violence.’’ The term includes all
such misdemeanor convictions in Indian Courts established pursuant to 25
CFR part 11.);
(2) Has, as an element, the use or attempted use of physical force (e.g., assault and battery), or the threatened
use of a deadly weapon; and
(3) Was committed by a current or
former spouse, parent, or guardian of
the victim, by a person with whom the
victim shares a child in common, by a
person who is cohabiting with or has
cohabited with the victim as a spouse,
parent, or guardian, (e.g., the equivalent of a ‘‘common law’’ marriage even
if such relationship is not recognized
under the law), or a person similarly
situated to a spouse, parent, or guardian of the victim (e.g., two persons who
are residing at the same location in an
intimate relationship with the intent
to make that place their home would
be similarly situated to a spouse).

§ 478.11

(b) A person shall not be considered
to have been convicted of such an offense for purposes of this part unless:
(1) The person is considered to have
been convicted by the jurisdiction in
which the proceedings were held.
(2) The person was represented by
counsel in the case, or knowingly and
intelligently waived the right to counsel in the case; and
(3) In the case of a prosecution for
which a person was entitled to a jury
trial in the jurisdiction in which the
case was tried, either
(i) The case was tried by a jury, or
(ii) The person knowingly and intelligently waived the right to have the
case tried by a jury, by guilty plea or
otherwise.
(c) A person shall not be considered
to have been convicted of such an offense for purposes of this part if the
conviction has been expunged or set
aside, or is an offense for which the
person has been pardoned or has had
civil rights restored (if the law of the
jurisdiction in which the proceedings
were held provides for the loss of civil
rights upon conviction for such an offense) unless the pardon, expunction,
or restoration of civil rights expressly
provides that the person may not ship,
transport, possess, or receive firearms,
and the person is not otherwise prohibited by the law of the jurisdiction in
which the proceedings were held from
receiving or possessing any firearms.
National Firearms Act. 26 U.S.C. Chapter 53.
NICS. The National Instant Criminal
Background Check System established
by the Attorney General pursuant to 18
U.S.C. 922(t).
Nonimmigrant alien. An alien in the
United States in a nonimmigrant classification as defined by section
101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)).
Pawnbroker. Any person whose business or occupation includes the taking
or receiving, by way of pledge or pawn,
of any firearm as security for the payment or repayment of money. The term
shall include any person who engages
in such business on a part-time basis.
Permanently inoperable. A firearm
which is incapable of discharging a
shot by means of an explosive and incapable of being readily restored to a

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§ 478.11

27 CFR Ch. II (4–1–10 Edition)

firing condition. An acceptable method
of rendering most firearms permanently inoperable is to fusion weld the
chamber closed and fusion weld the
barrel solidly to the frame. Certain unusual firearms require other methods
to render the firearm permanently inoperable. Contact ATF for instructions.
Person. Any individual, corporation,
company, association, firm, partnership, society, or joint stock company.
Pistol. A weapon originally designed,
made, and intended to fire a projectile
(bullet) from one or more barrels when
held in one hand, and having (a) a
chamber(s) as an integral part(s) of, or
permanently aligned with, the bore(s);
and (b) a short stock designed to be
gripped by one hand and at an angle to
and extending below the line of the
bore(s).
Principal objective of livelihood and
profit. The intent underlying the sale
or disposition of firearms is predominantly one of obtaining livelihood and
pecuniary gain, as opposed to other intents such as improving or liquidating
a personal firearms collection: Provided, That proof of profit shall not be
required as to a person who engages in
the regular and repetitive purchase and
disposition of firearms for criminal
purposes or terrorism. For purposes of
this part, the term ‘‘terrorism’’ means
activity,
directed
against
United
States persons, which—
(a) Is committed by an individual
who is not a national or permanent
resident alien of the United States;
(b) Involves violent acts or acts dangerous to human life which would be a
criminal violation if committed within
the jurisdiction of the United States;
and
(c) Is intended—
(1) To intimidate or coerce a civilian
population;
(2) To influence the policy of a government by intimidation or coercion;
or
(3) To affect the conduct of a government by assassination or kidnapping.
Published ordinance. A published law
of any political subdivision of a State
which the Director determines to be
relevant to the enforcement of this
part and which is contained on a list
compiled by the Director, which list is

incorporated by reference in the FEDERAL REGISTER, revised annually, and
furnished to licensees under this part.
Renounced U.S. citizenship. (a) A person has renounced his U.S. citizenship
if the person, having been a citizen of
the United States, has renounced citizenship either—
(1) Before a diplomatic or consular
officer of the United States in a foreign
state pursuant to 8 U.S.C. 1481(a)(5); or
(2) Before an officer designated by
the Attorney General when the United
States is in a state of war pursuant to
8 U.S.C. 1481(a)(6).
(b) The term shall not include any renunciation of citizenship that has been
reversed as a result of administrative
or judicial appeal.
Revolver. A projectile weapon, of the
pistol type, having a breechloading
chambered cylinder so arranged that
the cocking of the hammer or movement of the trigger rotates it and
brings the next cartridge in line with
the barrel for firing.
Rifle. A weapon designed or redesigned, made or remade, and intended
to be fired from the shoulder, and designed or redesigned and made or remade to use the energy of the explosive
in a fixed metallic cartridge to fire
only a single projectile through a rifled
bore for each single pull of the trigger.
Semiautomatic assault weapon. (a) Any
of the firearms, or copies or duplicates
of the firearms in any caliber, known
as:
(1) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all
models),
(2) Action Arms Israeli Military Industries UZI and Galil,
(3) Beretta Ar70 (SC–70),
(4) Colt AR–15,
(5) Fabrique National FN/FAL, FN/
LAR, and FNC,
(6) SWD M–10, M–11, M–11/9, and M–12,
(7) Steyr AUG,
(8) INTRATEC TEC–9, TEC-DC9 and
TEC-22, and
(9) Revolving cylinder shotguns, such
as (or similar to) the Street Sweeper
and Striker 12;
(b) A semiautomatic rifle that has an
ability to accept a detachable magazine and has at least 2 of—
(1) A folding or telescoping stock,

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Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice

§ 478.11

Short-barreled rifle. A rifle having one
or more barrels less than 16 inches in
length, and any weapon made from a
rifle, whether by alteration, modification, or otherwise, if such weapon, as
modified, has an overall length of less
than 26 inches.
Short-barreled shotgun. A shotgun
having one or more barrels less than 18
inches in length, and any weapon made
from a shotgun, whether by alteration,
modification, or otherwise, if such
weapon as modified has an overall
length of less than 26 inches.
Shotgun. A weapon designed or redesigned, made or remade, and intended
to be fired from the shoulder, and designed or redesigned and made or remade to use the energy of the explosive
in a fixed shotgun shell to fire through
a smooth bore either a number of ball
shot or a single projectile for each single pull of the trigger.
State. A State of the United States.
The term shall include the District of
Columbia, the Commonwealth of Puerto Rico, and the possessions of the
United States (not including the Canal
Zone).
State of residence. The State in which
an individual resides. An individual resides in a State if he or she is present
in a State with the intention of making a home in that State. If an individual is on active duty as a member of
the Armed Forces, the individual’s
State of residence is the State in which
his or her permanent duty station is located. An alien who is legally in the
United States shall be considered to be
a resident of a State only if the alien is
residing in the State and has resided in
the State for a period of at least 90
days prior to the date of sale or delivery of a firearm. The following are examples that illustrate this definition:

(2) A pistol grip that protrudes conspicuously beneath the action of the
weapon,
(3) A bayonet mount,
(4) A flash suppressor or threaded
barrel designed to accommodate a flash
suppressor, and
(5) A grenade launcher;
(c) A semiautomatic pistol that has
an ability to accept a detachable magazine and has at least 2 of—
(1) An ammunition magazine that attaches to the pistol outside of the pistol grip,
(2) A threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer,
(3) A shroud that is attached to, or
partially or completely encircles, the
barrel and that permits the shooter to
hold the firearm with the nontrigger
hand without being burned,
(4) A manufactured weight of 50
ounces or more when the pistol is unloaded, and
(5) A semiautomatic version of an
automatic firearm; and
(d) A semiautomatic shotgun that
has at least 2 of—
(1) A folding or telescoping stock,
(2) A pistol grip that protrudes conspicuously beneath the action of the
weapon,
(3) A fixed magazine capacity in excess of 5 rounds, and
(4) An ability to accept a detachable
magazine.
Semiautomatic pistol. Any repeating
pistol which utilizes a portion of the
energy of a firing cartridge to extract
the fired cartridge case and chamber
the next round, and which requires a
separate pull of the trigger to fire each
cartridge.
Semiautomatic rifle. Any repeating
rifle which utilizes a portion of the energy of a firing cartridge to extract the
fired cartridge case and chamber the
next round, and which requires a separate pull of the trigger to fire each cartridge.
Semiautomatic shotgun. Any repeating
shotgun which utilizes a portion of the
energy of a firing cartridge to extract
the fired cartridge case and chamber
the next round, and which requires a
separate pull of the trigger to fire each
cartridge.

Example 1. A maintains a home in State X.
A travels to State Y on a hunting, fishing,
business, or other type of trip. A does not become a resident of State Y by reason of such
trip.
Example 2. A is a U.S. citizen and maintains a home in State X and a home in State
Y. A resides in State X except for weekends
or the summer months of the year and in
State Y for the weekends or the summer
months of the year. During the time that A
actually resides in State X, A is a resident of
State X, and during the time that A actually
resides in State Y, A is a resident of State Y.

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§ 478.21

27 CFR Ch. II (4–1–10 Edition)

Example 3. A, an alien, travels on vacation
or on a business trip to State X. Regardless
of the length of time A spends in State X, A
does not have a State of residence in State
X. This is because A does not have a home in
State X at which he has resided for at least
90 days.

U.S.C. The United States Code.
(5 U.S.C. 552(a), 80 Stat. 383, as amended; 18
U.S.C. 847 (84 Stat. 959); 18 U.S.C. 926 (82 Stat.
1226))
[T.D. ATF–48, 43 FR 13536, Mar. 31 1978; 44 FR
55842, Sept. 28, 1979]

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Unlawful user of or addicted to any
controlled substance. A person who uses
a controlled substance and has lost the
power of self-control with reference to
the use of controlled substance; and
any person who is a current user of a
controlled substance in a manner other
than as prescribed by a licensed physician. Such use is not limited to the use
of drugs on a particular day, or within
a matter of days or weeks before, but
rather that the unlawful use has occurred recently enough to indicate that
the individual is actively engaged in
such conduct. A person may be an unlawful current user of a controlled substance even though the substance is
not being used at the precise time the
person seeks to acquire a firearm or receives or possesses a firearm. An inference of current use may be drawn from
evidence of a recent use or possession
of a controlled substance or a pattern
of use or possession that reasonably
covers the present time, e.g., a conviction for use or possession of a controlled substance within the past year;
multiple arrests for such offenses within the past 5 years if the most recent
arrest occurred within the past year; or
persons found through a drug test to
use a controlled substance unlawfully,
provided that the test was administered within the past year. For a current or former member of the Armed
Forces, an inference of current use may
be drawn from recent disciplinary or
other administrative action based on
confirmed drug use, e.g., court-martial
conviction, nonjudicial punishment, or
an administrative discharge based on
drug use or drug rehabilitation failure.
Unserviceable firearm. A firearm which
is incapable of discharging a shot by
means of an explosive and is incapable
of being readily restored to a firing
condition.

EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 478.11, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume
and on GPO Access.

Subpart C—Administrative and
Miscellaneous Provisions
§ 478.21

Forms prescribed.

(a) The Director is authorized to prescribe all forms required by this part.
All of the information called for in
each form shall be furnished as indicated by the headings on the form and
the instructions on or pertaining to the
form. In addition, information called
for in each form shall be furnished as
required by this part.
(b) Requests for forms should be
mailed to the ATF Distribution Center,
7664 K Fullerton Road, Springfield, Virginia 22150.
(5 U.S.C. 552(a); 80 Stat. 383, as amended)
[T.D. ATF–92, 46 FR 46915, Sept. 23, 1981, as
amended by T.D. ATF–249, 52 FR 5962, Feb.
27, 1987; T.D. ATF–270, 53 FR 10492, Mar. 31,
1988; T.D. 372, 61 FR 20724, May 8, 1996; ATF–
11F, 73 FR 57240, Oct. 2, 2008]

§ 478.22 Alternate methods or procedures; emergency variations from
requirements.
(a) Alternate methods or procedures.
The licensee, on specific approval by
the Director as provided in this paragraph, may use an alternate method or
procedure in lieu of a method or procedure specifically prescribed in this
part. The Director may approve an alternate method or procedure, subject
to stated conditions, when it is found
that:
(1) Good cause is shown for the use of
the alternate method or procedure;
(2) The alternate method or procedure is within the purpose of, and consistent with the effect intended by, the
specifically prescribed method or procedure and that the alternate method

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