27 CFR 478.112 Importation by a licensed importer

§ 478.111

27 CFR Ch. II (4–1–19 Edition)

handgun, or any person from transferring a
handgun to a person under 18.
(4) A knowing violation of the prohibition
against selling, delivering, or otherwise
transferring a handgun to a person under the
age of 18 is, under certain circumstances,
punishable by up to 10 years in prison.

may be imported or brought into the
United States except as provided by
this part.
(b) Where a firearm, firearm barrel,
or ammunition is imported and the authorization for importation required by
this subpart has not been obtained by
the person importing same, such person shall:
(1) Store, at the person’s expense,
such firearm, firearm barrel, or ammunition at a facility designated by U.S
Customs or the Director of Industry
Operations to await the issuance of the
required authorization or other disposition; or
(2) Abandon such firearm, firearm
barrel, or ammunition to the U.S. Government; or
(3) Export such firearm, firearm barrel, or ammunition.
(c) Any inquiry relative to the provisions or procedures under this subpart,
other than that pertaining to the payment of customs duties or the release
from Customs custody of firearms, firearm barrels, or ammunition authorized
by the Director to be imported, shall be
directed to the Director of Industry Operations for reply.

NOTE: ATF I 5300.2 provides the complete
language of the statutory prohibitions and
exceptions provided in 18 U.S.C. 922(x) and
the penalty provisions of 18 U.S.C. 924(a)(6).
The Federal firearms licensee posting this
sign will provide you with a copy of this publication upon request. Requests for additional copies of ATF I 5300.2 should be submitted to the ATF Distribution Center
(http://www.atf.gov) or made by calling (202)
648–6420.

(f) The sign required by paragraph (d)
of this section need not be posted on
the premises of any licensed importer,
manufacturer, or dealer whose only
dispositions of handguns to nonlicensees are to nonlicensees who do
not appear at the licensed premises and
the dispositions otherwise comply with
the provisions of this part.
[T.D. ATF–402, 63 FR 37742, July 13, 1998, as
amended by ATF 2013R–9F, 79 FR 46692, Aug.
11, 2014]

Subpart G—Importation

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[T.D. ATF–270, 53 FR 10498, Mar. 31, 1988]

§ 478.111 General.
(a) Section 922(a)(3) of the Act makes
it unlawful, with certain exceptions
not pertinent here, for any person
other than a licensee to transport into
or receive in the State where the person resides any firearm purchased or
otherwise obtained by the person outside of that State. However, section
925(a)(4) provides a limited exception
for the transportation, shipment, receipt or importation of certain firearms and ammunition by certain members of the United States Armed
Forces. Section 922(1) of the Act makes
it unlawful for any person knowingly
to import or bring into the United
States or any possession thereof any
firearm or ammunition except as provided by section 925(d) of the Act,
which section provides standards for
importing or bringing firearms or ammunition into the United States. Section 925(d) also provides standards for
importing or bringing firearm barrels
into the United States. Accordingly, no
firearm, firearm barrel, or ammunition

§ 478.112 Importation by a licensed importer.
(a) No firearm, firearm barrel, or ammunition shall be imported or brought
into the United States by a licensed
importer (as defined in § 478.11) unless
the Director has authorized the importation of the firearm, firearm barrel, or
ammunition.
(b)(1) An application for a permit,
ATF Form 6—Part I, to import or bring
a firearm, firearm barrel, or ammunition into the United States or a possession thereof under this section must be
filed, in triplicate, with the Director.
The application must be signed and
dated and must contain the information requested on the form, including:
(i) The name, address, telephone
number, and license number (including
expiration date) of the importer;
(ii) The country from which the firearm, firearm barrel, or ammunition is
to be imported;
(iii) The name and address of the foreign seller and foreign shipper;

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Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice
(iv) A description of the firearm, firearm barrel, or ammunition to be imported, including:
(A) The name and address of the
manufacturer;
(B) The type (e.g., rifle, shotgun, pistol, revolver and, in the case of ammunition only, ball, wadcutter, shot, etc.);
(C) The caliber, gauge, or size;
(D) The model;
(E) The barrel length, if a firearm or
firearm barrel (in inches);
(F) The overall length, if a firearm
(in inches);
(G) The serial number, if known;
(H) Whether the firearm is new or
used;
(I) The quantity;
(J) The unit cost of the firearm, firearm barrel, or ammunition to be imported;
(v) The specific purpose of importation, including final recipient information if different from the importer;
(vi) Verification that if a firearm, it
will be identified as required by this
part; and
(vii)(A) If a firearm or ammunition
imported or brought in for scientific or
research purposes, a statement describing such purpose; or
(B) If a firearm or ammunition for
use in connection with competition or
training pursuant to Chapter 401 of
Title 10, U.S.C., a statement describing
such intended use; or
(C) If an unserviceable firearm (other
than a machine gun) being imported as
a curio or museum piece, a description
of how it was rendered unserviceable
and an explanation of why it is a curio
or museum piece; or
(D) If a firearm other than a surplus
military firearm, of a type that does
not fall within the definition of a firearm under section 5845(a) of the Internal Revenue Code of 1986, and is for
sporting purposes, an explanation of
why the firearm is generally recognized
as particularly suitable for or readily
adaptable to sporting purposes; or
(E) If ammunition being imported for
sporting purposes, a statement why the
ammunition is particularly suitable for
or readily adaptable to sporting purposes; or
(F) If a firearm barrel for a handgun,
an explanation why the handgun is
generally recognized as particularly

§ 478.112

suitable for or readily adaptable to
sporting purposes.
(2)(i) If the Director approves the application, such approved application
will serve as the permit to import the
firearm, firearm barrel, or ammunition
described therein, and importation of
such firearms, firearm barrels, or ammunition may continue to be made by
the licensed importer under the approved application (permit) during the
period specified thereon. The Director
will furnish the approved application
(permit) to the applicant and retain
two copies thereof for administrative
use.
(ii) If the Director disapproves the
application, the licensed importer will
be notified of the basis for the disapproval.
(c) A firearm, firearm barrel, or ammunition imported or brought into the
United States or a possession thereof
under the provisions of this section by
a licensed importer may be released
from Customs custody to the licensed
importer upon showing that the importer has obtained a permit from the
Director for the importation of the
firearm, firearm barrel, or ammunition
to be released. The importer will also
submit to Customs a copy of the export
license authorizing the export of the
firearm, firearm barrel, or ammunition
from the exporting country. If the exporting country does not require
issuance of an export license, the importer must submit a certification,
under penalty of perjury, to that effect.
(1) In obtaining the release from Customs custody of a firearm, firearm barrel, or ammunition authorized by this
section to be imported through the use
of a permit, the licensed importer will
prepare ATF Form 6A, in duplicate,
and furnish the original ATF Form 6A
to the Customs officer releasing the
firearm, firearm barrel, or ammunition. The Customs officer will, after
certification, forward the ATF Form
6A to the address specified on the form.
(2) The ATF Form 6A must contain
the information requested on the form,
including:
(i) The name, address, and license
number of the importer;
(ii) The name of the manufacturer of
the firearm, firearm barrel, or ammunition;

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§ 478.113

27 CFR Ch. II (4–1–19 Edition)
porter unless the Director issues a permit authorizing the importation of the
firearm barrel.
(b)(1) An application for a permit,
ATF Form 6—Part I, to import or bring
a firearm, firearm barrel, or ammunition into the United States or a possession thereof by a licensee, other than a
licensed importer, must be filed, in
triplicate, with the Director. The application must be signed and dated and
must contain the information requested on the form, including:
(i) The name, address, telephone
number, and license number (including
expiration date) of the applicant;
(ii) The country from which the firearm, firearm barrel, or ammunition is
to be imported;
(iii) The name and address of the foreign seller and foreign shipper;
(iv) A description of the firearm, firearm barrel, or ammunition to be imported, including:
(A) The name and address of the
manufacturer;
(B) The type (e.g., rifle, shotgun, pistol, revolver and, in the case of ammunition only, ball, wadcutter, shot, etc.);
(C) The caliber, gauge, or size;
(D) The model;
(E) The barrel length, if a firearm or
firearm barrel (in inches);
(F) The overall length, if a firearm
(in inches);
(G) The serial number, if known;
(H) Whether the firearm is new or
used;
(I) The quantity;
(J) The unit cost of the firearm, firearm barrel, or ammunition to be imported;
(v) The specific purpose of importation, including final recipient information if different from the applicant;
and
(vi)(A) If a firearm or ammunition
imported or brought in for scientific or
research purposes, a statement describing such purpose; or
(B) If a firearm or ammunition for
use in connection with competition or
training pursuant to Chapter 401 of
Title 10, U.S.C., a statement describing
such intended use; or
(C) If an unserviceable firearm (other
than a machine gun) being imported as
a curio or museum piece, a description
of how it was rendered unserviceable

(iii) The country of manufacture;
(iv) The type;
(v) The model;
(vi) The caliber, gauge, or size;
(vii) The serial number in the case of
firearms, if known; and
(viii) The number of firearms, firearm barrels, or rounds of ammunition
released.
(d) Within 15 days of the date of release from Customs custody, the licensed importer must:
(1) Forward to the address specified
on the form a copy of ATF Form 6A on
which must be reported any error or
discrepancy appearing on the ATF
Form 6A certified by Customs and serial numbers if not previously provided
on ATF Form 6A;
(2) Pursuant to § 478.92, place all required identification data on each imported firearm if same did not bear
such identification data at the time of
its release from Customs custody; and
(3) Post in the records required to be
maintained by the importer under subpart H of this part all required information regarding the importation.
(Paragraph (b) approved by the Office of
Management and Budget under control number 1140–0005; paragraphs (c) and (d) approved
by the Office of Management and Budget
under control number 1140–0007)

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[T.D. ATF–270, 53 FR 10498, Mar. 31, 1988, as
amended by T.D. ATF–426, 65 FR 38198, June
20, 2000; ATF–11F, 73 FR 57241, Oct. 2, 2008]

§ 478.113 Importation by other licensees.
(a) No person other than a licensed
importer (as defined in § 478.11) shall
engage in the business of importing
firearms or ammunition. Therefore, no
firearm or ammunition shall be imported or brought into the United
States or a possession thereof by any
licensee other than a licensed importer
unless the Director issues a permit authorizing the importation of the firearm or ammunition. No barrel for a
handgun not generally recognized as
particularly suitable for or readily
adaptable to sporting purposes shall be
imported or brought into the United
States or a possession thereof by any
person. Therefore, no firearm barrel
shall be imported or brought into the
United States or possession thereof by
any licensee other than a licensed im-

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