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particularly suitable for or readily
adaptable to sporting purposes. The
importation of such curio or relic firearms must be in accordance with the
applicable importation provisions of
this part and the importation provisions of 27 CFR part 447. Curios or relics which fall within the definition of
‘‘firearm’’ under 26 U.S.C. 5845(a) must
also meet the importation provisions of
27 CFR part 479 before they may be imported.
the importation or bringing in of such
firearm, firearm barrel, or ammunition
will be authorized under this part. An
application on ATF Form 6 for such
conditional importation shall be filed,
in duplicate, with the Director. The Director may impose conditions upon any
importation under this section including a requirement that the firearm,
firearm barrel, or ammunition be
shipped directly from Customs custody
to the Director and that the person importing or bringing in the firearm, firearm barrel, or ammunition must agree
to either export the firearm, firearm
barrel, or ammunition or destroy same
if a determination is made that the
firearm, firearm barrel, or ammunition
may not be imported or brought in
under this part. A firearm, firearm barrel, or ammunition imported or
brought into the United States or any
possession thereof under the provisions
of this section shall be released from
Customs custody upon the payment of
customs duties, if applicable, and in
the manner prescribed in the conditional authorization issued by the Director.
[T.D. ATF–202, 50 FR 14383, Apr. 12, 1985]
§ 478.119
(a) General. A nonimmigrant alien
temporarily importing or bringing firearms or ammunition into the United
States for lawful hunting or sporting
purposes must first obtain an approved
ATF Form 6NIA (5330.3D).
(b) Aliens admitted to the United States
under a nonimmigrant visa. (1) Any alien
lawfully admitted to the United States
under a nonimmigrant visa who completes an ATF Form 6NIA to import
firearms or ammunition into the
United States, or any licensee who
completes an ATF Form 6 to import
firearms or ammunition for such nonimmigrant alien, must attach applicable documentation to the Form 6NIA
or Form 6 establishing the nonimmigrant 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).
(2) Aliens admitted to the United
States under a nonimmigrant visa importing or bringing firearms or ammunition into the United States must provide the United States Customs and
Border Protection with applicable documentation (e.g., a hunting license or
permit lawfully issued in the United
States) establishing the nonimmigrant
alien falls within an exception specified in 18 U.S.C. 922(y)(2) or has obtained a waiver as specified in 18 U.S.C.
922(y)(3) before the firearm or ammunition may be imported. This provision
applies in all cases, whether or not a
§ 478.117 Function outside a customs
territory.
In the insular possessions of the
United States outside customs territory, the functions performed by U.S.
Customs officers under this subpart
within a customs territory may be performed by the appropriate authorities
of a territorial government or other officers of the United States who have
been designated to perform such functions. For the purpose of this subpart,
the term customs territory means the
United States, the District of Columbia, and the Commonwealth of Puerto
Rico.
kpayne on VMOFRWIN702 with $$_JOB
[Reserved]
§ 478.120 Firearms or ammunition imported by or for a nonimmigrant
alien.
[T.D. ATF–383, 61 FR 39321, July 29, 1996, as
amended by ATF 2014R–42, 84 FR 12094, Apr.
1, 2019]
§ 478.118 Importation of certain firearms classified as curios or relics.
Notwithstanding any other provision
of this part, a licensed importer may
import all rifles and shotguns classified by the Director as curios or relics,
and all handguns classified by the Director as curios or relics that are determined to be generally recognized as
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§ 478.121
27 CFR Ch. II (4–1–20 Edition)
(d) For recordkeeping requirements
for sales by licensees at gun shows see
§ 478.100(c).
Form 6 is needed to bring the firearms
or ammunition into the United States.
(Approved by the Office of Management and
Budget under control number 1140–0060)
(Information collection requirements in
paragraph (a) approved by the Office of Management and Budget under control number
1140–0020; information collection requirements in paragraphs (b) and (c) approved by
the Office of Management and Budget under
control number 1140–0032)
[ATF–24F, 77 FR 33629, June 7, 2012]
Subpart H—Records
§ 478.121
General.
kpayne on VMOFRWIN702 with $$_JOB
(a) The records pertaining to firearms transactions prescribed by this
part shall be retained on the licensed
premises in the manner prescribed by
this subpart and for the length of time
prescribed by § 478.129. The records pertaining to ammunition prescribed by
this part shall be retained on the licensed premises in the manner prescribed by § 478.125.
(b) ATF officers may, for the purposes and under the conditions prescribed in § 478.23, enter the premises of
any licensed importer, licensed manufacturer, licensed dealer, or licensed
collector for the purpose of examining
or inspecting any record or document
required by or obtained under this
part. Section 923(g) of the Act requires
licensed importers, licensed manufacturers, licensed dealers, and licensed
collectors to make such records available for such examination or inspection
during business hours or, in the case of
licensed collectors, hours of operation,
as provided in § 478.23.
(c) Each licensed importer, licensed
manufacturer, licensed dealer, and licensed collector shall maintain such
records of importation, production,
shipment, receipt, sale, or other disposition, whether temporary or permanent, of firearms and such records of
the disposition of ammunition as the
regulations contained in this part prescribe. Section 922(m) of the Act makes
it unlawful for any licensed importer,
licensed manufacturer, licensed dealer,
or licensed collector knowingly to
make any false entry in, to fail to
make appropriate entry in, or to fail to
properly maintain any such record.
[33 FR 18555, Dec. 14, 1968. Redesignated at 40
FR 16835, Apr. 15, 1975, and amended by T.D.
ATF–191, 49 FR 46891, Nov. 29, 1984; T.D.
ATF–208, 50 FR 26703, June 28, 1985; T.D.
ATF–270, 53 FR 10501, Mar. 31, 1988; ATF–11F,
73 FR 57241, Oct. 2, 2008]
§ 478.122 Records maintained by importers.
(a) Each licensed importer shall,
within 15 days of the date of importation or other acquisition, record the
type, model, caliber or gauge, manufacturer, country of manufacture, and the
serial number of each firearm imported
or otherwise acquired, and the date
such importation or other acquisition
was made.
(b) A record of firearms disposed of
by a licensed importer to another licensee and a separate record of armor
piercing ammunition dispositions to
governmental entities, for exportation,
or for testing or experimentation authorized under the provisions of
§ 478.149 shall be maintained by the licensed importer on the licensed premises. For firearms, the record shall
show the quantity, type, manufacturer,
country of manufacture, caliber or
gauge, model, serial number of the firearms so transferred, the name and license number of the licensee to whom
the firearms were transferred, and the
date of the transaction. For armor
piercing ammunition, the record shall
show the date of the transaction, manufacturer, caliber or gauge, quantity of
projectiles, and the name and address
of the purchaser. The information required by this paragraph shall be entered in the proper record book not
later than the seventh day following
the date of the transaction, and such
information shall be recorded under
the following formats:
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| File Type | application/pdf |
| File Modified | 2020-12-04 |
| File Created | 2020-12-04 |