27 Cfr 478.92

[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: 27CFR478.92]

[Page 86-88]

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 F_Conduct of Business

Sec. 478.92 How must licensed manufacturers and licensed importers

identify firearms, armor piercing ammunition, and large capacity
ammunition feeding devices?

(a)(1) Firearms. You, as a licensed manufacturer or licensed
importer of firearms, must legibly identify each firearm manufactured or
imported as follows:
(i) By engraving, casting, stamping (impressing), or otherwise
conspicuously placing or causing to be engraved, cast, stamped
(impressed) or placed on the frame or receiver thereof an individual
serial number. The serial number must be placed in a manner not
susceptible of being readily obliterated, altered, or removed, and must
not duplicate any serial number placed by you on any other firearm. For
firearms manufactured or imported on and after January 30, 2002, the
engraving, casting, or stamping (impressing) of the serial number must
be to a minimum depth of .003 inch and in a print size no smaller than
\1/16\ inch; and
(ii) By engraving, casting, stamping (impressing), or otherwise
conspicuously placing or causing to be engraved, cast, stamped
(impressed) or placed on the frame, receiver, or barrel thereof certain
additional information. This information must be placed in a manner not
susceptible of being readily obliterated, altered, or removed. For
firearms manufactured or imported on and after January 30, 2002, the
engraving, casting, or stamping (impressing) of this information must be
to a minimum depth of .003 inch. The additional information includes:
(A) The model, if such designation has been made;
(B) The caliber or gauge;
(C) Your name (or recognized abbreviation) and also, when
applicable, the name of the foreign manufacturer;
(D) In the case of a domestically made firearm, the city and State
(or recognized abbreviation thereof) where you as the manufacturer
maintain your place of business; and
(E) In the case of an imported firearm, the name of the country in
which it was manufactured and the city and State (or recognized
abbreviation thereof) where you as the importer maintain your place of
business. For additional requirements relating to imported firearms, see
Customs regulations at 19 CFR part 134.
(2) Firearm frames or receivers. A firearm frame or receiver that is
not a component part of a complete weapon at the time it is sold,
shipped, or otherwise disposed of by you must be identified as required
by this section.
(3) Special markings for semiautomatic assault weapons, effective
July 5, 1995. In the case of any semiautomatic assault weapon
manufactured after September 13, 1994, you must mark the frame or
receiver ``RESTRICTED LAW ENFORCEMENT/GOVERNMENT USE ONLY'' or, in the
case of weapons manufactured for export, ``FOR EXPORT ONLY,'' in a
manner not susceptible of being readily obliterated, altered, or
removed. For weapons manufactured or imported on and after January 30,
2002, the engraving, casting, or stamping (impressing) of the special
markings prescribed in this paragraph (a)(3) must be to a minimum depth
of .003 inch.
(4) Exceptions. (i) Alternate means of identification. The Director
may authorize other means of identification upon receipt of a letter
application from you, submitted in duplicate, showing that such other
identification is reasonable and will not hinder the effective
administration of this part.
(ii) Destructive devices. In the case of a destructive device, the
Director may authorize other means of identifying that weapon upon
receipt of a letter application from you, submitted in duplicate,
showing that engraving, casting, or stamping (impressing) such a weapon
would be dangerous or impracticable.

[[Page 87]]

(iii) Machine guns, silencers, and parts. Any part defined as a
machine gun, firearm muffler, or firearm silencer in Sec. 478.11, that
is not a component part of a complete weapon at the time it is sold,
shipped, or otherwise disposed of by you, must be identified as required
by this section. The Director may authorize other means of
identification of parts defined as machine guns other than frames or
receivers and parts defined as mufflers or silencers upon receipt of a
letter application from you, submitted in duplicate, showing that such
other identification is reasonable and will not hinder the effective
administration of this part.
(5) Measurement of height and depth of markings. The depth of all
markings required by this section will be measured from the flat surface
of the metal and not the peaks or ridges. The height of serial numbers
required by paragraph (a)(1)(i) of this section will be measured as the
distance between the latitudinal ends of the character impression
bottoms (bases).
(b) Armor piercing ammunition--(1) Marking of ammunition. Each
licensed manufacturer or licensed importer of armor piercing ammunition
shall identify such ammunition by means of painting, staining or dying
the exterior of the projectile with an opaque black coloring. This
coloring must completely cover the point of the projectile and at least
50 percent of that portion of the projectile which is visible when the
projectile is loaded into a cartridge case.
(2) Labeling of packages. Each licensed manufacturer or licensed
importer of armor piercing ammunition shall clearly and conspicuously
label each package in which armor piercing ammunition is contained,
e.g., each box, carton, case, or other container. The label shall
include the words ``ARMOR PIERCING'' in block letters at least \1/4\
inch in height. The lettering shall be located on the exterior surface
of the package which contains information concerning the caliber or
gauge of the ammunition. There shall also be placed on the same surface
of the package in block lettering at least \1/8\ inch in height the
words ``FOR GOVERNMENTAL ENTITIES OR EXPORTATION ONLY.'' The statements
required by this subparagraph shall be on a contrasting background.
(c) Large capacity ammunition feeding devices manufactured after
September 13, 1994. (1) Each person who manufactures or imports any
large capacity ammunition feeding device manufactured after September
13, 1994, shall legibly identify each such device with a serial number.
Such person may use the same serial number for all large capacity
ammunition feeding devices produced.
(i) Additionally, in the case of a domestically made large capacity
ammunition feeding device, such device shall be marked with the name,
city and State (or recognized abbreviation thereof) of the manufacturer;
(ii) And in the case of an imported large capacity ammunition
feeding device, such device shall be marked:
(A) With the name of the manufacturer, country of origin, and,
(B) Effective July 5, 1995, the name, city and State (or recognized
abbreviation thereof) of the importer.
(iii) Further, large capacity ammunition feeding devices
manufactured after September 13, 1994, shall be marked ``RESTRICTED LAW
ENFORCEMENT/GOVERNMENT USE ONLY'' or, in the case of devices
manufactured or imported for export, effective July 5, 1995, ``FOR
EXPORT ONLY.''
(2) All markings required by this paragraph (c) shall be cast,
stamped, or engraved on the exterior of the device. In the case of a
magazine, the markings shall be placed on the magazine body.
(3) Exceptions--(i) Metallic links. Persons who manufacture or
import metallic links for use in the assembly of belted ammunition are
only required to place the identification marks prescribed in paragraph
(c)(1) of this section on the containers used for the packaging of the
links.
(ii) Alternate means of identification. The Director may authorize
other means of identifying large capacity ammunition feeding devices
upon receipt of a letter application, in duplicate, from the
manufacturer or importer showing that such other identification is
reasonable and will not

[[Page 88]]

hinder the effective administration of this part.

(Approved by the Office of Management and Budget under control number
1512-0550)

[T.D. ATF-270, 53 FR 10496, Mar. 31, 1988, as amended by T.D. ATF-363,
60 FR 17454, Apr. 6, 1995; T.D. ATF-383, 61 FR 39321, July 29, 1996;
T.D. ATF-396, 63 FR 12646, Mar. 16, 1998; T.D. ATF-461, 66 FR 40600,
Aug. 3, 2001]