27 CFR 478.44 Original License

27 CFR 478.44 Original License 4.1.2020.pdf

Firearms Disabilities for Nonimmigrant Aliens

27 CFR 478.44 Original License

OMB: 1140-0060

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Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice
§ 478.47, receive from the Chief, Federal
Firearms Licensing Center, the license
covering the collection of curios and
relics. A separate license may be obtained for each collection premises,
and such license shall, subject to the
provisions of the Act and other applicable provisions of law, entitle the licensee to transport, ship, receive, and
acquire curios and relics in interstate
or foreign commerce, and to make disposition of curios and relics in interstate or foreign commerce, to any
other person licensed under the provisions of this part, for the period stated
on the license.
(d) The collector license provided by
this part shall apply only to transactions related to a collector’s activity
in acquiring, holding or disposing of
curios and relics. A collector’s license
does not authorize the collector to engage in a business required to be licensed under the Act or this part.
Therefore, if the acquisitions and dispositions of curios and relics by a collector bring the collector within the
definition of a manufacturer, importer,
or dealer under this part, he shall qualify as such. (See also § 478.93 of this
part.)

(2) Of firearms other than destructive
devices or ammunition for firearms
other than destructive devices or ammunition other than armor piercing
ammunition—$50 per year.
(c) For a dealer:
(1) In destructive devices—$1,000 per
year.
(2) Who is not a dealer in destructive
devices—$200 for 3 years, except that
the fee for renewal of a valid license
shall be $90 for 3 years.
(d) For a collector of curios and relics—$10 per year.

(18 U.S.C. 847 (84 Stat. 959); 18 U.S.C. 926 (82
Stat. 1226))

§ 478.44

[T.D. ATF–270, 53 FR 10494, Mar. 31, 1988, as
amended by T.D. ATF–354, 59 FR 7112, Feb.
14, 1994]

§ 478.43

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License fee not refundable.

No refund of any part of the amount
paid as a license fee shall be made
where the operations of the licensee
are, for any reason, discontinued during the period of an issued license.
However, the license fee submitted
with an application for a license shall
be refunded if that application is denied or withdrawn by the applicant
prior to being acted upon.
[T.D. ATF–270, 53 FR 10494, Mar. 31, 1988]

Original license.

(a)(1) Any person who intends to engage in business as a firearms or ammunition importer or manufacturer, or
firearms dealer, or who has not previously been licensed under the provisions of this part to so engage in business, or who has not timely submitted
an application for renewal of the previous license issued under this part,
must file an application for license,
ATF Form 7 (Firearms), in duplicate,
with ATF in accordance with the instructions on the form. The application
must:
(i) Be executed under the penalties of
perjury and the penalties imposed by 18
U.S.C. 924;
(ii) Include a photograph and fingerprints as required in the instructions
on the form;
(iii) If the applicant (including, in
the case of a corporation, partnership,
or association, any individual possessing, directly or indirectly, the
power to direct or cause the direction
of the management and policies of the

[33 FR 18555, Dec. 14, 1968. Redesignated at 40
FR 16835, Apr. 15, 1975, and amended by T.D.
ATF–270, 53 FR 10494, Mar. 31, 1988; T.D.
ATF–290, 54 FR 53054, Dec. 27, 1989]

§ 478.42 License fees.
Each applicant shall pay a fee for obtaining a firearms license or ammunition license, a separate fee being required for each business or collecting
activity at each place of such business
or activity, as follows:
(a) For a manufacturer:
(1) Of destructive devices, ammunition for destructive devices or armor
piercing ammunition—$1,000 per year.
(2) Of firearms other than destructive
devices—$50 per year.
(3) Of ammunition for firearms other
than ammunition for destructive devices or armor piercing ammunition—
$10 per year.
(b) For an importer:
(1) Of destructive devices, ammunition for destructive devices or armor
piercing ammunition—$1,000 per year.

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§ 478.44

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§ 478.45

27 CFR Ch. II (4–1–20 Edition)

corporation, partnership, or association) is an alien who has been admitted
to the United States under a nonimmigrant visa, applicable documentation demonstrating that the alien falls
within an exception specified in 18
U.S.C. 922(y)(2) (e.g., a hunting license
or permit lawfully issued in the United
States) or has obtained a waiver as
specified in 18 U.S.C. 922(y)(3); and
(iv) Include the appropriate fee in the
form of money order or check made
payable to the ‘‘Bureau of Alcohol, Tobacco, Firearms, and Explosives’’.
(2) ATF Form 7 may be obtained by
contacting the ATF Distribution Center (See § 478.21).
(b) Any person who desires to obtain
a license as a collector under the Act
and this part, or who has not timely
submitted an application for renewal of
the previous license issued under this
part, shall file an application, ATF
Form 7CR (Curios and Relics), with
ATF in accordance with the instructions on the form. If the applicant (including, in the case of a corporation,
partnership, or association, any individual possessing, directly or indirectly, the power to direct or cause the
direction of the management and policies of the corporation, partnership, or
association) is an alien who has been
admitted to the United States under a
nonimmigrant visa, the application
must include applicable documentation
demonstrating that the alien falls
within an exception specified in 18
U.S.C. 922(y)(2) (e.g., a hunting license
or permit lawfully issued in the United
States) or has obtained a waiver as
specified in 18 U.S.C. 922(y)(3). The application must be executed under the
penalties of perjury and the penalties
imposed by 18 U.S.C. 924. The application shall include the appropriate fee
in the form of a money order or check
made payable to the Bureau of Alcohol,
Tobacco, Firearms, and Explosives.
ATF Form 7CR (Curios and Relics) may
be obtained by contacting the ATF Distribution Center (See § 478.21).

§ 478.45

(Paragraphs (a) and (b) approved by the Office of Management and Budget under control number 1140–0060)

[T.D. ATF–200, 50 FR 10498, Mar. 15, 1985]

Renewal of license.

If a licensee intends to continue the
business or activity described on a license issued under this part during any
portion of the ensuing year, the licensee shall, unless otherwise notified
in writing by the Chief, Federal Firearms Licensing Center, execute and file
with ATF prior to the expiration of the
license an application for a license renewal, ATF Form 8 Part II, in accordance with the instructions on the form,
and the required fee. If the applicant is
an alien who has been admitted to the
United States under a nonimmigrant
visa, the application must include applicable documentation demonstrating
that the alien falls within an exception
specified in 18 U.S.C. 922(y)(2) (e.g., a
hunting license or permit lawfully
issued in the United States) or has obtained a waiver as specified in 18 U.S.C.
922(y)(3). The Chief, Federal Firearms
Licensing Center may, in writing, require the applicant for license renewal
to also file completed ATF Form 7 or
ATF Form 7CR in the manner required
by § 478.44. In the event the licensee
does not timely file an ATF Form 8
Part II, the licensee must file an ATF
Form 7 or ATF Form 7CR as required
by § 478.44, and obtain the required license before continuing business or collecting activity. If an ATF Form 8 Part
II is not timely received through the
mails, the licensee should so notify the
Chief, Federal Firearms Licensing Center.
(Approved by the Office of Management and
Budget under control number 1140–0060)
[ATF–11F, 73 FR 57241, Oct. 2, 2008, as amended by ATF–24F, 77 FR 33629, June 7, 2012]

§ 478.46

Insufficient fee.

If an application is filed with an insufficient fee, the application and any
fee submitted will be returned to the
applicant.
(18 U.S.C. 847 (84 Stat. 959); 18 U.S.C. 926 (82
Stat. 1226))

§ 478.47

Issuance of license.

(a) Upon receipt of a properly executed application for a license on ATF
Form 7, ATF Form 7CR, or ATF Form
8 Part II, the Chief, Federal Firearms

[T.D. ATF–363, 60 FR 17453, Apr. 6, 1995, as
amended by T.D. ATF–471, 67 FR 5425, Feb. 5,
2002; ATF–11F, 73 FR 57240, Oct. 2, 2008; ATF–
24F, 77 FR 33629, June 7, 2012]

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