CFR-2024-title27-vol3-sec479-63

§ 479.63

27 CFR Ch. II (4–1–23 Edition)

(4) The applicant’s Federal firearms
license number (if any);
(5) The applicant’s special (occupational) tax stamp (if applicable); and
(6) If the applicant (including, if
other than an individual, any responsible person) is an alien admitted under
a nonimmigrant visa, applicable documentation demonstrating that the nonimmigrant alien falls within an exception to 18 U.S.C. 922(g)(5)(B) under 18
U.S.C. 922(y)(2), or has obtained a waiver of that provision under 18 U.S.C.
922(y)(3).
(c) Notification of chief law enforcement
officer. Prior to the submission of the
application to the Director, all applicants and responsible persons shall forward a completed copy of Form 1 or a
completed copy of Form 5320.23, respectively, to the chief law enforcement officer of the locality in which the applicant or responsible person is located.
The chief law enforcement officer is
the local chief of police, county sheriff,
head of the State police, or State or
local district attorney or prosecutor. If
the applicant is not a licensed manufacturer, importer, or dealer qualified
under this part and is a partnership,
company, association, or corporation,
for purposes of this section, it is considered located at its principal office or
principal place of business; if a trust,
for purposes of this section, it is considered located at the primary location
at which the firearm will be maintained.
(d) Approval of Form 1. If the application is approved, the Director will affix
a National Firearms Act stamp to the
original application in the space provided therefor and properly cancel the
stamp (see § 479.67). The approved application will then be returned to the applicant.

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[ATF–41F, 81 FR 2721, Jan. 15, 2016]

§ 479.63 Identification of applicant.
(a) If the applicant is an individual,
the applicant shall:
(1) Securely attach to each copy of
the Form 1, in the space provided on
the form, a 2 x 2-inch photograph of the
applicant, clearly showing a full front
view of the features of the applicant
with head bare, with the distance from
the top of the head to the point of the
chin approximately 11⁄4 inches, and

which shall have been taken within 1
year prior to the date of the application; and
(2) Attach to the application two
properly completed FBI Forms FD–258
(Fingerprint Card). The fingerprints
must be clear for accurate classification and should be taken by someone
properly equipped to take them.
(b) If the applicant is not a licensed
manufacturer, importer, or dealer
qualified under this part and is a partnership, company (including a Limited
Liability Company (LLC)), association,
trust, or corporation, the applicant
shall:
(1) Be identified on the Form 1 by the
name and exact location of the place of
business, including the name and number of the building and street, and the
name of the county in which the business is located or, in the case of a
trust, the primary location at which
the firearm will be maintained. In the
case of two or more locations, the address shown shall be the principal place
of business (or principal office, in the
case of a corporation) or, in the case of
a trust, the primary location at which
the firearm will be maintained;
(2) Except as provided in paragraph
(c) of this section, attach to the application—
(i) Documentation evidencing the existence and validity of the entity,
which
includes
complete
and
unredacted copies of partnership agreements, articles of incorporation, corporate registration, and declarations of
trust, with any trust schedules, attachments, exhibits, and enclosures;
(ii) A completed ATF Form 5320.23 for
each responsible person. Form 5320.23
requires certain identifying information, including each responsible person’s full name, position, home address, date of birth, and country of citizenship if other than the United
States;
(iii) In the space provided on Form
5320.23, a 2 x 2-inch photograph of each
responsible person, clearly showing a
full front view of the features of the responsible person with head bare, with
the distance from the top of the head
to the point of the chin approximately
11⁄4 inches, and which shall have been
taken within 1 year prior to the date of
the application;

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Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice
(iv) Two properly completed FBI
Forms FD–258 (Fingerprint Card) for
each responsible person. The fingerprints must be clear for accurate classification and should be taken by someone properly equipped to take them.
(c) If the applicant entity has had an
application approved as a maker or
transferee within the preceding 24
months, and there has been no change
to the documentation previously provided, the entity may provide a certification that the information has not
been changed since the prior approval
and shall identify the application for
which the documentation had been submitted by form number, serial number,
and date approved.
[ATF–41F, 81 FR 2721, Jan. 15, 2016]

§ 479.64 Procedure for approval of application.
The application to make a firearm,
Form 1 (Firearms), must be forwarded
directly, in duplicate, by the maker of
the firearm to the Director in accordance with the instructions on the form.
The Director will consider the application for approval or disapproval. If the
application is approved, the Director
will return the original thereof to the
maker of the firearm and retain the duplicate. Upon receipt of the approved
application, the maker is authorized to
make the firearm described therein.
The maker of the firearm shall not,
under any circumstances, make the
firearm until the application, satisfactorily executed, has been forwarded to
the Director and has been approved and
returned by the Director with the National Firearms Act stamp affixed. If
the application is disapproved, the
original Form 1 (Firearms) and the remittance submitted by the applicant
for the purchase of the stamp will be
returned to the applicant with the reason for disapproval stated on the form.

§ 479.66 Subsequent transfer of firearms.
Where a firearm which has been made
in compliance with 26 U.S.C. 5821, and
the regulations contained in this part,
is to be transferred subsequently, the
transfer provisions of the firearms laws
and regulations must be complied with.
(See subpart F of this part).
[36 FR 14256, Aug. 3, 1971. Redesignated at 40
FR 16835, Apr. 15, 1975, and amended by T.D.
ATF–48, 44 FR 55842, Sept. 28, 1979]

§ 479.67

Cancellation of stamp.

The person affixing to a Form 1
(Firearms) a ‘‘National Firearms Act’’
stamp shall cancel it by writing or
stamping thereon, in ink, his initials,
and the day, month and year, in such
manner as to render it unfit for reuse.
The cancellation shall not so deface
the stamp as to prevent its denomination and genuineness from being readily determined.
EXCEPTIONS TO TAX ON MAKING
FIREARMS
§ 479.68

Qualified manufacturer.

A manufacturer qualified under this
part to engage in such business may
make firearms without payment of the
making tax. However, such manufacturer shall report and register each
firearm made in the manner prescribed
by this part.
[36 FR 14256, Aug. 3, 1971. Redesignated at 40
FR 16835, Apr. 15, 1975, and amended by T.D.
ATF–271, 53 FR 17551, May 17, 1988]

§ 479.69 Making a
United States.

firearm

the

Denial of application.

An application to make a firearm
shall not be approved by the Director if
the making or possession of the firearm would place the person making the
firearm in violation of law.

§ 479.70 Certain government entities.
A firearm may be made without payment of the making tax by, or on behalf of, any State, or possession of the

§ 479.65

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for

A firearm may be made by, or on behalf of, the United States or any department, independent establishment,
or agency thereof without payment of
the making tax. However, if a firearm
is to be made on behalf of the United
States, the maker must file an application, in duplicate, on Form 1 (Firearms) and obtain the approval of the
Director in the manner prescribed in
§ 479.62.

[T.D. ATF–270, 53 FR 10509, Mar. 31, 1988]

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§ 479.70

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