27 CFR Part 447.11 Meaning of Terms

ehiers on DSK5VPTVN1PROD with CFR

§ 447.2

27 CFR Ch. II (4–1–16 Edition)

authority to assess whether controls
are justified, but in designating the defense articles and defense services set
out in the USMIL the Attorney General shall be guided by the views of the
Secretary of State on matters affecting
world peace and the external security
and foreign policy of the United States.
All designations and changes in designations of defense articles and defense services subject to permanent import control under this part must have
the concurrence of the Secretary of
State and the Secretary of Defense,
with notice given to the Secretary of
Commerce.

import controls of 27 CFR Part 478 but
are not exempt from control under Section 38, Arms Export Control Act of
1976, unless imported by the United
States or any agency thereof. All such
importations not imported by the
United States or any agency thereof
shall be subject to the import permit
procedures of subpart E of this part.
(d) For provisions requiring the registration of persons engaged in the
business of brokering activities with
respect to the importation of any defense article or defense service, see Department of State regulations in 22
CFR part 129.

[ATF–50F, 78 FR 23676, Apr. 22, 2013]

[T.D. ATF–215, 50 FR 42158, Oct. 18, 1985, as
amended by T.D. ATF–426, 65 FR 38197, June
20, 2000]

§ 447.2 Relation to other laws and regulations.
(a) All of those items on the U.S. Munitions Import List (see § 447.21) which
are ‘‘firearms’’ or ‘‘ammunition’’ as defined in 18 U.S.C. 921(a) are subject to
the interstate and foreign commerce
controls contained in Chapter 44 of
Title 18 U.S.C. and 27 CFR Part 478 and
if they are ‘‘firearms’’ within the definition set out in 26 U.S.C. 5845(a) are
also subject to the provisions of 27 CFR
Part 479. Any person engaged in the
business of importing firearms or ammunition as defined in 18 U.S.C. 921(a)
must obtain a license under the provisions of 27 CFR Part 478, and if he imports firearms which fall within the
definition of 26 U.S.C. 5845(a) must also
register and pay special tax pursuant
to the provisions of 27 CFR Part 479.
Such licensing, registration and special
tax requirements are in addition to
registration under subpart D of this
part.
(b) The permit procedures of subpart
E of this part are applicable to all importations of articles on the U.S. Munitions Import List not subject to controls under 27 CFR Part 478 or 479. U.S.
Munitions Import List articles subject
to controls under 27 CFR Part 478 or 27
CFR Part 479 are subject to the import
permit procedures of those regulations
if imported into the United States
(within the meaning of 27 CFR Parts
478 and 479).
(c) Articles on the U.S. Munitions
Import List imported for the United
States or any State or political subdivision thereof are exempt from the

Subpart B—Definitions
§ 447.11

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 imparting
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.
Appropriate ATF officer. An officer or
employee of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)
specified by ATF Order 1130.34, Delegation of the Director’s Authorities in 27
CFR Part 447, Importation of Arms,
Ammunition and Implements of War.
Article. Any of the defense articles
enumerated in the U.S. Munitions Import List (USMIL).
Bureau. Bureau of Alcohol, Tobacco,
Firearms, and Explosives, the Department of Justice.
Carbine. A short-barrelled rifle whose
barrel is generally not longer than 22
inches and is characterized by light
weight.
CFR. The Code of Federal Regulations.
Chemical agent. A substance useful in
war which, by its ordinary and direct

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ehiers on DSK5VPTVN1PROD with CFR

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

§ 447.11

Import List. The list of articles contained in § 447.21 and identified therein
as ‘‘The U.S. Munitions Import List’’.
Machinegun. A ‘‘machinegun’’, ‘‘machine pistol’’, ‘‘submachinegun’’, or
‘‘automatic rifle’’ is a firearm originally designed to fire, or capable of
being fired fully automatically by a
single pull of the trigger.
Permit. The same as ‘‘license’’ for
purposes of 22 U.S.C. 1934(c).
Person. A partnership, company, association, or corporation, as well as a
natural person.
Pistol. A hand-operated firearm having a chamber integral with, or permanently aligned with, the bore.
Revolver. A hand-operated firearm
with a revolving cylinder containing
chambers for individual cartridges.
Rifle. A shoulder firearm discharging
bullets through a rifled barrel at least
16 inches in length, including combination and drilling guns.
Sporting type sight including optical. A
telescopic sight suitable for daylight
use on a rifle, shotgun, pistol, or revolver for hunting or target shooting.
This chapter. Title 27, Code of Federal
Regulations, Chapter II (27 CFR Chapter II).
United States. When used in the geographical sense, includes the several
States, the Commonwealth of Puerto
Rico, the insular possessions of the
United States, the District of Columbia, and any territory over which the
United States exercises any powers of
administration, legislation, and jurisdiction.

chemical action, produces a powerful
physiological effect.
Defense articles. Any item designated
in § 447.21 or § 447.22. This term includes
models, mockups, and other such items
which reveal technical data directly relating to § 447.21 or § 447.22.
Defense services. (a) The furnishing of
assistance, including training, to foreign persons in the design, engineering,
development, production, processing,
manufacture, use, operation, overhaul,
repair, maintenance, modification, or
reconstruction of defense articles,
whether in the United States or
abroad; or
(b) The furnishing to foreign persons
of any technical data, whether in the
United States or abroad.
Director. The Director, Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Department of Justice,
Washington, DC 20226.
Executed under the penalties of perjury.
Signed with the prescribed declaration
under the penalties of perjury as provided on or with respect to the application, form, or other document or,
where no form of declaration is prescribed, with the declaration: ‘‘I declare under the penalties of perjury
that this llllll (insert type of
document such as statement, certificate, application, or other document),
including the documents submitted in
support thereof, has been examined by
me and, to best of my knowledge and
belief, is true, correct, and complete.’’
Firearms. A weapon, and all components and parts therefor, not over .50
caliber which will or is designed to or
may be readily converted to expel a
projectile by the action of an explosive,
but shall not include BB and pellet
guns, and muzzle loading (black powder) firearms (including any firearm
with a matchlock, flintlock, percussion
cap, or similar type of ignition system)
or firearms covered by Category I(a)
established to have been manufactured
in or before 1898.
Import or importation. Bringing into
the United States from a foreign country any of the articles on the Import
List, but shall not include intransit,
temporary import or temporary export
transactions subject to Department of
State controls under Title 22, Code of
Federal Regulations.

(26 U.S.C. 7805 (68A Stat. 917), 27 U.S.C. 205 (49
Stat. 981 as amended), 18 U.S.C. 926 (82 Stat.
959), and sec. 38, Arms Export Control Act (22
U.S.C. 2778, 90 Stat. 744))
[T.D. ATF–48, 43 FR 13535, Mar. 31, 1978; 44
FR 55840, Sept. 28, 1979, as amended by T.D.
ATF–202, 50 FR 14382, Apr. 12, 1985; T.D. ATF–
215, 50 FR 42158, Oct. 18, 1985; T.D. ATF–484,
67 FR 64526, Oct. 21, 2002; T.D. ATF–9F, 72 FR
72938, Dec. 26, 2007; ATF–50F, 78 FR 23677,
Apr. 22, 2013; T.D. ATF 2013R–9F, 79 FR 46692,
Aug. 11, 2014]

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