27 CFR 478.28 Transportation of Destructive Devices and Certain Firearms

§ 478.27

27 CFR Ch. II (4–1–20 Edition)
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
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.

the penalties of perjury and shall contain a complete and accurate description of the firearm, and such photographs, diagrams, or drawings as may
be necessary to enable the Director to
make a determination. The Director
may require the submission of the firearm for examination and evaluation. If
the submission of the firearm is impractical, the person requesting the determination shall so advise the Director and designate the place where the
firearm will be available for examination and evaluation.
[T.D. ATF–270, 53 FR 10493, Mar. 31, 1988]

kpayne on VMOFRWIN702 with $$_JOB

§ 478.27 Destructive device determination.
The Director shall determine in accordance with 18 U.S.C. 921(a)(4) whether a device is excluded from the definition of a destructive device. A person
who desires to obtain a determination
under that provision of law for any device which he believes is not likely to
be used as a weapon shall submit a
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.
§ 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

[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

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