Firearms Questions and Answers

Yes. Licensed gunsmiths may make on-the-spot repairs at skeet, trap, target, and similar organized shooting events.

No, provided the firearm is returned to the person from whom it was received.

[27 CFR 478.124(a) and 478.147]

No, if the firearm is being returned to the person from whom it was received. However, if the firearm is delivered to someone other than the person from whom it was received, a NICS background check is required.

[18 U.S.C. 922(t); 478.124(a)]

Yes. Licensed gunsmiths are required to comply with written notification to unlicensed individuals upon delivery of a handgun. A gunsmith who transfers handguns to nonlicensees must also comply with the sign posting requirement.

[27 CFR 478.103]

If a firearm is brought in for repairs and the owner waits while it is being repaired, or if the gunsmith is able to return the firearm to the owner during the same business day, it is not necessary to list the firearm in the A&D record as an “acquisition.”

If the gunsmith has possession of the firearm from one business day to another or longer, the firearm must be recorded as an “acquisition” and a “disposition” in the A&D record.

Yes. A licensee may make an occasional importation of a firearm for a nonlicensee or for the licensee’s personal use (not for resale). The licensee must first submit an ATF Form 6, Part I to ATF for approval. The licensee may then present the approved ATF Form 6 and completed ATF Form 6A to U.S. Customs and Border Protection.

[27 CFR 478.113]

The Departments of State and Commerce published companion final rules in the Federal Register to amend Categories I, II, and III of the U.S. Munitions List (USML) in the International Traffic in Arms Regulations (ITAR). These final rules transfer export and temporary import controls for some firearms, ammunition, and parts and components from the Department of State to the Department of Commerce. Items transferred from the USML Categories I-III are subject to 500 and 600 series controls in Category 0 of the U.S. Department of Commerce’s Commerce Control List (CCL) in its Export Administration Regulations (EAR). The final rules went into effect March 9, 2020.

For further information, contact the U.S. Department of State, Directorate of Defense Trade Controls or the U.S. Department of Commerce, Bureau of Industry and Security.

When exporting NFA firearms, an ATF Form 9, Application and Permit for Per­manent Exportation of Firearms, must be approved by ATF prior to export.

[22 U.S.C. 2778; 27 CFR 479.114 and 479.116]

U.S. residents who seek to import an importable firearm must engage the services of a federal firearms licensee to import the firearm on their behalf. Please see our most recent list of federal firearms licensees.

[18 U.S.C. § 922(a)(3), 923(a), 925(d); 27 CFR § 478.111, 478.112]

Generally, permanent imports of defense articles enumerated on the U.S. Munitions Import List (USMIL) at 27 CFR 447.21 require an ATF Form 6, Application and Permit for Importation of Firearms, Ammunition and Defense Articles  (5330.3A).

Persons in the United States engaged in the business of importing defense articles enumerated on the USMIL must register by making an application on the ATF Form 4587, Application to Register as an Importer of U.S. Munitions Import List Articles (5330.4).

[22 U.S.C. § 2778; 27 CFR § 478.111-478.120; 27 CFR § 447.31-447.35, 27 CFR § 447.41-447.45]

It is generally unlawful to import a machine gun into the United States for unrestricted sale. However, machine guns that are properly destroyed to ATF specifications may be imported.

A machine-gun parts kit is generally importable so long as the kit does not include a machine gun, barrel, frame or receiver. Note that machine gun destruction to ATF specifications will generally render a machine-gun parts kit importable in this respect (destroying a kit’s barrel, and/or frame, and/or receiver to ATF specifications so they are no longer considered a barrel, frame or receiver will generally render the kit importable in this respect).

Importations are subject to country restrictions. For example, machine-gun parts kits from firearms manufactured in Russia or one of the former Soviet States are not importable. Machinegun parts kits (excluding the frame, receiver or barrel) from a surplus military U.S.-origin machine gun will also require retransfer authorization from the U.S. Department of State.

For more information, see ATF Rulings 2003-1, 2003-2, 2003-3 and 2003-4.

[18 U.S.C. § 922(o); 26 U.S.C. § 5844; 22 U.S.C. § 2778; 27 CFR § 447.11, 447.21, 447.41, 447.52]

No. Rifle scopes manufactured to military specifications no longer require an ATF Form 6, Application and Permit for Importation of Firearms, Ammunition, and Defense Articles  (5330.3A) for importation.

[22 U.S.C. § 2778; 27 CFR § 447.21; 80 F.R. 30615 (May 29, 2015), finalizing without change 79 F.R. 17024 (Mar. 27, 2014)]

The export of defense articles under the Arms Export Control Act (AECA) generally requires a license for export issued in accordance with the AECA and the regulations promulgated thereunder. The Department of State's Directorate of Defense Trade Controls (DDTC) administers AECA export controls and licensing for defense articles enumerated on the U.S. Munitions List (USML) in the International Traffic in Arms Regulations (ITAR) at 22 CFR § 121.1. Additional information may be obtained from DDTC by either contacting the DDTC Response Team at (202) 663-1282, or by visiting their website at https://www.pmddtc.state.gov/ddtc_public.

The Department of Commerce's Bureau of Industry and Security (BIS) administers export controls for items on the Commerce Control List (CCL), including shotguns with a barrel length of 18 inches or more and related components, muzzle loading rifles and handguns, air guns, replica firearms, and shotgun shells and components, pursuant to the International Emergency Economic Powers Act and Part 774 of the Export Administration Regulations. Additional information may be obtained from BIS by contacting an export counselor at (202) 482-4811, or by visiting their website at www.bis.doc.gov/index.php/policy-guidance/product-guidance/firearms.

Any person who wishes to export a firearm subject to the National Firearms Act must submit ATF Form 9 (5320.9), Application and Permit for Permanent Exportation of Firearms and obtain approval from ATF prior to export.

[22 U.S.C. § 2778; 26 U.S.C. § 5854; 27 CFR § 479.114–479.119]

Yes. To change a business location, a licensee must file an application for an amended license (ATF Form 5300.38) not less than 30 days prior to the move. An amended license must be obtained before commencing business at the new location. Once the new license is obtained, the licensee may no longer conduct business at the former business premises.

Yes. Each person intending to engage in business as a firearms dealer, importer or manufacturer, or as an ammunition importer or manufacturer, must obtain the required federal firearms license prior to commencing business.

[18 U.S.C. 923(a); 27 CFR 478.41]

Firearms licensees who are going out of business need to forward the following records to ATF:

• Acquisition and disposition (A&D) records
• ATF Forms 4473
• ATF Forms 3310.4 (Report of Multiple Sale or Other Disposition of Pistols and Revolvers)
• ATF Forms 3310.11 (Federal Firearms Licensee Theft/Loss Report)
• Records of importation (ATF Forms 6 and 6A)
• Law enforcement certification letters

[18 U.S.C. 923(g)(4); 27 CFR 478.127]

Yes. If the business is being discontinued completely, the licensed dealer, manufacturer or importer is required to submit all records to ATF within 30 days. Records may be delivered to a local ATF office or shipped to the following address:

Bureau of ATF
ATF Out-of-Business Records Center
244 Needy Road
Martinsburg, WV 25405

A licensee discontinuing business must also notify the Federal Firearms Licensing Center within 30 days by calling (866) 662-2750 (toll free) or emailing FFLC@atf.gov.

If someone is taking over the business, the original licensee should underline the final entry in each acquisition and disposition (A&D) record, note the date of transfer, and forward all records and forms to the successor (who must apply for and receive their own license before lawfully engaging in business) or forward the records and forms to the ATF Out-of-Business Records Center. If the successor licensee receives records and forms from the original licensee, the successor licensee may choose to forward those records and forms to the ATF Out-of-Business Record Center.

[18 U.S.C. 923(g)(4); 27 CFR 478.57(a) and 478.127]

Yes. A person who timely files an application for renewal of a license may continue operations authorized by the expired license until final action is taken on the application.

If a person does not timely file a license renewal application and the license expires, the person must file a new ATF Form 7 (5310.12)/7CR (5310.16) Application for Federal Firearms License, as required by 27 CFR 478.44.

[27 CFR 478.45]

No, as long as the importer or manufacturer is engaged in the business of dealing in firearms at the licensed premises in the same type of firearms authorized by the importer’s or manufacturer’s license.

[27 CFR 478.41(b)]

No. A separate federal firearms license must be obtained for each location.

However, separate facilities solely to store firearms are not required to be covered by a separate license, although the records maintained at the licensed premises must reflect all firearms held in the separate storage facility.

[18 U.S.C. 923(a); 27 CFR 478.42 and 478.50]

An application for a federal firearms license will be approved if the applicant:

• Is 21 years of age or over;
• Is not prohibited from shipping, transporting, receiving or possessing firearms or ammunition, nor in the case of a corporation, partnership, or association, is 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 prohibited from shipping, transporting, receiving or possessing firearms or ammunition;
• Has not willfully violated the Gun Control Act (GCA) or its regulations;
• Has not willfully failed to disclose material information or has not made false statements concerning material facts in connection with their application;
• Has premises for conducting business or collecting; and
• The applicant certifies that:
  1. The business to be conducted under the license is not prohibited by state or local law in the place where the licensed premises is located;
  2. Within 30 days after the application is approved the business will comply with the requirements of state and local law applicable to the conduct of the business;
  3. The business will not be conducted under the license until the requirements of state and local law applicable to the business have been met;
  4. The applicant has sent or delivered a form to the chief law enforcement officer where the premises is located notifying the officer that the applicant intends to apply for a license; and
  5. If the applicant is to be a licensed dealer, the applicant certifies that secure gun storage or safety devices will be available at any place in which firearms are sold under the license to persons who are not licensees (“secure gun storage or safety device” is defined in 18 U.S.C. 921(a)(34)).

[18 U.S.C. 923(d)(1); 27 CFR 478.47(b)]

Submit ATF Form 7/7CR, Application for Federal Firearms License with the appropriate fee, in accordance with the instructions on the form to ATF. This form is for all FFL types, including type 03 Collector of Curios and Relics. An application packet may be obtained by contacting the ATF Distribution Center. If you have more than one Responsible Person (RP), you must also submit a Supplement to ATF Form 7/7CR for each additional RP.

[18 U.S.C. 923; 27 CFR 478.44]

No. The February 17, 2017 correspondence simply recognizes that ATF does not issue different classes or categories of 01 licenses to persons based upon which or how many of the options for conducting business an applicant intends to exercise at the time the application is filed.

Once issued, a dealer’s license allows the licensee to sell firearms by any means or from any location otherwise permitted by law regardless of their intent at the time of application.