27 CFR 479.104 Registration of Firearms By Certain Governmental Agencies

§ 479.104

27 CFR Ch. II (4–1–19 Edition)

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Imported, executed under the penalties
of perjury, to show his manufacture of
firearms. The notice shall set forth the
name and address of the manufacturer,
identify his special (occupational) tax
stamp and Federal firearms license,
and show the date of manufacture, the
type, model, length of barrel, overall
length, caliber, gauge or size, serial
numbers, and other marks of identification of the firearms he manufactures, and the place where the manufactured firearms will be kept. All firearms manufactured by him during a
single day shall be included on one notice, Form 2 (Firearms), filed by the
manufacturer no later than the close of
the next business day. The manufacturer shall prepare the notice, Form 2
(Firearms), in duplicate, file the original notice as prescribed herein and
keep the copy with the records required by subpart I of this part at the
premises covered by his special (occupational) tax stamp. Receipt of the notice, Form 2 (Firearms), by the Director shall effectuate the registration of
the firearms listed on that notice. The
requirements of this part relating to
the transfer of a firearm are applicable
to transfers by qualified manufacturers.
§ 479.104 Registration of firearms by
certain governmental entities.
Any State, any political subdivision
thereof, or any official police organization of such a government entity engaged in criminal investigations, which
acquires for official use a firearm not
registered to it, such as by abandonment or by forfeiture, will register
such firearm with the Director by filing Form 10 (Firearms), Registration of
Firearms Acquired by Certain Governmental Entities, and such registration
shall become a part of the National
Firearms Registration and Transfer
Record. The application shall identify
the applicant, describe each firearm
covered by the application, show the
location where each firearm usually
will be kept, and, if the firearm is unserviceable, the application shall show
how the firearm was made unserviceable. This section shall not apply to a
firearm merely being held for use as
evidence in a criminal proceeding. The
Form 10 (Firearms) shall be executed in

duplicate in accordance with the instructions thereon. Upon registering
the firearm, the Director shall return
the original Form 10 (Firearms) to the
registrant with notification thereon
that registration of the firearm has
been made. The registration of any
firearm under this section is for official use only and a subsequent transfer
will be approved only to other governmental entities for official use.
[36 FR 14256, Aug. 3, 1971. Redesignated at 40
FR 16835, Apr. 15, 1975, and amended by T.D.
ATF–241, 51 FR 39633, Oct. 29, 1986; T.D. ATF–
270, 53 FR 10510, Mar. 31, 1988]

MACHINE GUNS
§ 479.105 Transfer and possession of
machine guns.
(a) General. As provided by 26 U.S.C.
5812 and 26 U.S.C. 5822, an application
to make or transfer a firearm shall be
denied if the making, transfer, receipt,
or possession of the firearm would
place the maker or transferee in violation of law. Section 922(o), Title 18,
U.S.C., makes it unlawful for any person to transfer or possess a machine
gun, except a transfer to or by, or possession by or under the authority of,
the United States or any department
or agency thereof or a State, or a department, agency, or political subdivision thereof; or any lawful transfer or
lawful possession of a machine gun
that was lawfully possessed before May
19, 1986. Therefore, notwithstanding
any other provision of this part, no application to make, transfer, or import
a machine gun will be approved except
as provided by this section.
(b) Machine guns lawfully possessed
prior to May 19, 1986. A machine gun
possessed in compliance with the provisions of this part prior to May 19, 1986,
may continue to be lawfully possessed
by the person to whom the machine
gun is registered and may, upon compliance with the provisions of this part,
be lawfully transferred to and possessed by the transferee.
(c) Importation and manufacture. Subject to compliance with the provisions
of this part, importers and manufacturers qualified under this part may import and manufacture machine guns on
or after May 19, 1986, for sale or distribution to any department or agency

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