27 CFR 478.28 Transportation of Destructive Devices and Certain Firearms

§ 478.28

27 CFR Ch. II (4–1–17 Edition)

pmangrum on DSK3GDR082PROD with CFR

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.

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.

§ 478.28 Transportation of destructive
devices and certain firearms.
(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;
(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

[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]

§ 478.29 Out-of-State
acquisition
of
firearms by nonlicensees.
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
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

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