27 CFR 479.101 Registration of Firearms

§ 479.92

27 CFR Ch. II (4–1–19 Edition)

without payment of the transfer tax.
However, the procedures for the transfer of a firearm as provided in § 479.90
shall be followed in a tax-exempt
transfer of a firearm under this section, except a statement shall be entered on the transfer application, Form
5 (Firearms), by the transferor that he
is entitled to the exemption because
the firearm to be transferred is
unservicable and is being transferred as
a curio or ornament. An unapproved
transfer, the transfer of a firearm
under the provisions of this section
which is in fact not an unserviceable
firearm, or the transfer of an unserviceable firearm as something other
than a curio or ornament, may subject
the transferor to civil and criminal liabilities. (See 26 U.S.C. 5811, 5852, 5861,
and 5871.)
[36 FR 14256, Aug. 3, 1971. Redesignated at 40
FR 16835, Apr. 15, 1975, and amended by T.D.
ATF–48, 44 FR 55843, Sept. 28, 1979]

§ 479.92 Transportation of firearms to
effect transfer.
Notwithstanding any provision of
§ 478.28 of this chapter, it shall not be
required that authorization be obtained from the Director for the transportation in interstate or foreign commerce of a firearm in order to effect
the transfer of a firearm authorized
under the provisions of this subpart.
[T.D. ATF–270, 53 FR 10510, Mar. 31, 1988]

OTHER PROVISIONS
§ 479.93 Transfers of firearms to certain persons.

kpayne on VMOFRWIN702 with $$_JOB

Where the transfer of a destructive
device, machine gun, short-barreled
shotgun, or short-barreled rifle is to be
made by a person licensed under the
provisions of Title I of the Gun Control
Act of 1968 (82 Stat. 1213) to a person
not so licensed, the sworn statement
required by § 478.98 of this chapter shall
be attached to and accompany the
transfer application required by this
subpart.

Subpart G—Registration and
Identification of Firearms
§ 479.101

Registration of firearms.

(a) The Director shall maintain a
central registry of all firearms in the
United States which are not in the possession of or under the control of the
United States. This registry shall be
known as the National Firearms Registration and Transfer Record and shall
include:
(1) Identification of the firearm as required by this part;
(2) Date of registration; and
(3) Identification and address of person entitled to possession of the firearm as required by this part.
(b) Each manufacturer, importer, and
maker shall register each firearm he
manufactures, imports, or makes in
the manner prescribed by this part.
Each firearm transferred shall be registered to the transferee by the transferor in the manner prescribed by this
part. No firearm may be registered by
a person unlawfully in possession of
the firearm except during an amnesty
period established under section 207 of
the Gun Control Act of 1968 (82 Stat.
1235).
(c) A person shown as possessing firearms by the records maintained by the
Director pursuant to the National Firearms Act (26 U.S.C. Chapter 53) in force
on October 31, 1968, shall be considered
to have registered the firearms in his
possession which are disclosed by that
record as being in his possession on October 31, 1968.
(d) The National Firearms Registration and Transfer Record shall include
firearms registered to the possessors
thereof under the provisions of section
207 of the Gun Control Act of 1968.
(e) A person possessing a firearm registered to him shall retain proof of registration which shall be made available
to any ATF officer upon request.
(f) A firearm not identified as required by this part shall not be registered.
[36 FR 14256, Aug. 3, 1971. Redesignated at 40
FR 16835, Apr. 15, 1975, and amended by T.D.
ATF–48, 44 FR 55843, Sept. 28, 1979]

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