27 CFR Part 447.11 Meaning of Terms

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§ 447.2

27 CFR Ch. II (4–1–19 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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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 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
weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon
into a machinegun, and any combination of parts from which a machinegun
can be assembled if such parts are in
the possession or under the control of a
person. For purposes of this definition,
the term ‘‘automatically’’ as it modifies ‘‘shoots, is designed to shoot, or
can be readily restored to shoot,’’
means functioning as the result of a
self-acting or self-regulating mechanism that allows the firing of multiple
rounds through a single function of the
trigger; and ‘‘single function of the
trigger’’ means a single pull of the trigger and analogous motions. The term
‘‘machinegun’’ includes a bump-stocktype device, i.e., a device that allows a
semi-automatic firearm to shoot more
than one shot with a single pull of the
trigger by harnessing the recoil energy
of the semi-automatic firearm to which
it is affixed so that the trigger resets
and continues firing without additional
physical manipulation of the trigger by
the shooter.
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

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.

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§ 447.21

27 CFR Ch. II (4–1–19 Edition)
NOTE: Rifles, carbines, revolvers, and pistols, to caliber .50 inclusive, combat shotguns, and shotguns with barrels less than 18
inches in length are included under Category
I(a). Machineguns, submachineguns, machine
pistols and fully automatic rifles to caliber
.50 inclusive are included under Category
I(b).

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.

CATEGORY II—ARTILLERY PROJECTORS

(a) Guns over caliber .50, howitzers, mortars, and recoiless rifles.
(b) Military flamethrowers and projectors.
(c) Components, parts, accessories, and attachments for the articles in paragraphs (a)
and (b) of this category, including but not
limited to mounts and carriages for these articles.

(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))

CATEGORY III—AMMUNITION

(a) Ammunition for the arms in Categories
I and II of this section.
(b) Components, parts, accessories, and attachments for articles in paragraph (a) of
this category, including but not limited to
cartridge cases, powder bags, bullets, jackets, cores, shells (excluding shotgun shells),
projectiles, boosters, fuzes and components
therefor, primers, and other detonating devices for such ammunition.
(c)–(d) [Reserved]
NOTE: Cartridge and shell casings are included under Category III unless, prior to
their importation, they have been rendered
useless beyond the possibility of restoration
for use as a cartridge or shell casing by
means of heating, flame treatment, mangling, crushing, cutting, or popping.

[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; ATF–9F, 72 FR
72938, Dec. 26, 2007; ATF–50F, 78 FR 23677,
Apr. 22, 2013; ATF 2013R–9F, 79 FR 46692, Aug.
11, 2014; ATF 2018R–22F, 83 FR 66553, Dec. 26,
2018]

Subpart C—The U.S. Munitions
Import List
§ 447.21 The
List.

U.S.

Munitions

Import

The following defense articles and defense services, designated pursuant to
section 38(a) of the Arms Export Control Act, 22 U.S.C. 2778(a), and E.O.
13637 are subject to controls under this
part. For purposes of this part, the list
shall be known as the U.S. Munitions
Import List (USMIL):

CATEGORY IV—LAUNCH VEHICLES, GUIDED MISSILES, BALLISTIC MISSILES, ROCKETS, TORPEDOES, BOMBS AND MINES

(a) Rockets (including but not limited to
meteorological and other sounding rockets),
bombs, grenades, torpedoes, depth charges,
land and naval mines, as well as launchers
for such defense articles, and demolition
blocks and blasting caps.
(b) Launch vehicles and missile and antimissile systems including but not limited to
guided, tactical and strategic missiles,
launchers, and systems.
(c) Apparatus, devices, and materials for
the handling, control, activation, monitoring, detection, protection, discharge, or
detonation of the articles in paragraphs (a)
and (b) of this category. Articles in this category include, but are not limited to, the following: Fuses and components for the items
in this category, bomb racks and shackles,
bomb shackle release units, bomb ejectors,
torpedo tubes, torpedo and guided missile
boosters, guidance system equipment and
parts, launching racks and projectors, pistols
(exploders), igniters, fuze arming devices,
intervalometers, guided missile launchers

THE U.S. MUNITIONS IMPORT LIST

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CATEGORY I—FIREARMS

(a) Nonautomatic and semiautomatic firearms, to caliber .50 inclusive, combat shotguns, and shotguns with barrels less than 18
inches in length, and all components and
parts for such firearms.
(b) Automatic firearms and all components
and parts for such firearms to caliber .50 inclusive.
(c)
Insurgency-counterinsurgency
type
firearms of other weapons having a special
military application (e.g. close assault weapons systems) regardless of caliber and all
components and parts for such firearms.
(d) Firearms silencers and suppressors, including flash suppressors.
(e) [Reserved]

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