Firearms Questions and Answers

The term "any other weapon" means any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive, a pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell, weapons with combination shotgun and rifle barrels 12 inches or more, less than 18 inches in length, from which only a single discharge can be made from either barrel without manual reloading, and shall include any such weapon which may be readily restored to fire. Such term shall not include a pistol or a revolver having a rifled bore, or rifled bores, or weapons designed, made, or intended to be fired from the shoulder and not capable of firing fixed ammunition.

Firearms and Ammunition Technology Division (FATD) classifications determine whether or not a firearm is regulated under the Gun Control Act or National Firearms Act (NFA). FATD also evaluates firearms (and other defense articles) for suitability to be imported and conducts examinations of ammunition.

Please be aware that FATD does not make determinations based on drawings, photographs, written descriptions, or diagrams. In order to render an appropriate classification, please ship the physical item and any supporting information to the following address:

Bureau of Alcohol, Tobacco, Firearms, and Explosives
Firearms & Ammunition Technology Division
244 Needy Road
Martinsburg, WV 25405

Please ship your item to FATD with a prepaid return shipping label with tracking for the return of your item. Providing a shipping account number instead of a trackable prepaid shipping label will not be accepted.

The U.S. Postal Service recommends that long guns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms.

You cannot ship a handgun or ammunition through the U.S. Postal Service. A commercial carrier must be used to ship a handgun. Please check with the specific carrier before shipping to ensure your package meets all of legal requirements.

Do not use packing peanuts or similar types of packing material that may become lodged into moving parts of the item or device and cause safety issues. Small parts and pieces must be placed into a sealed zip-lock type clear plastic bag to prevent loss.

FATD may be unable to return the sample if the item is classified as an unregistered NFA weapon (machinegun, silencer, short barreled rifle, short barreled shotgun, etc.), or any other legally prohibited item.

Yes. Under the Gun Control Act (GCA), shotguns and rifles, and ammunition for shotguns or rifles may be sold only to individuals 18 years of age or older. All firearms other than shotguns and rifles, and all ammunition other than ammunition for shotguns or rifles may be sold only to individuals 21 years of age or older. Licensees are bound by the minimum age requirements established by the GCA regardless of state or local law. However, if state law or local ordinances establish a higher minimum age for the purchase or disposition of firearms, the licensee must observe the higher age requirement.

[18 U.S.C. 922(b)(1) and (b)(2); 27 CFR 478.99(b)]

Yes. An individual less than 21 years of age may sell handguns and ammunition suitable for use in handguns. However, a person less than 18 years of age must have the prior written consent of a parent or guardian and the written consent must be in the person’s possession at all times. Also, the parent or guardian giving the written consent may not be prohibited by law from possessing a firearm. Moreover, state law must not prohibit a person less than 18 years of age from possessing the handguns or ammunition.

[18 U.S.C. 922(x)]

Yes, provided the buyer is 18 years of age or older, and the licensee is satisfied that the ammunition is for use in a rifle. If the ammunition is intended for use in a handgun, the buyer must be at least 21 years of age.

[18 U.S.C. 922(b)(1); 27 CFR 478.99(b)]

No. A license is not required for a dealer in ammunition only. However a license is required to manufacture or import ammunition.

[18 U.S.C. 922 (a)(1)(B); 27 CFR 478.41]]

A licensee may not allow an individual who is a prohibited person to receive or possess firearms or ammunition, including persons employed by the licensee.

[18 U.S.C. 922(g) or (n), and 2]

No, assuming the antique firearm is not a replica designed or redesigned for using rimfire or conventional centerfire fixed ammunition. The antique firearm also cannot be a black powder muzzle loading weapon that incorporates a firearm frame or receiver, have been converted into a muzzle loading weapon, or uses fixed ammunition (or readily converted to do so).

[18 U.S.C. 921(a)(3) and (16); 27 CFR 478.11 and 478.141(d)]

Yes, a person who —

(1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;

(2) Is a fugitive from justice;

(3) Is an unlawful user of or addicted to any controlled substance;

(4) Has been adjudicated as a mental defective or has been committed to a mental institution;

(5) Is an alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa;

(6) Has been discharged from the Armed Forces under dishonorable conditions;

(7) Having been a citizen of the United States, has renounced his or her citizenship;

(8) Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner issued after a hearing

at which notice was given to the person and at which the person had an opportunity to participate, and includes a finding that the person subject to the order represents a credible threat to the intimate partner or child or the intimate partner OR explicitly prohibits the use, attempted use, or threatened use of force against the partner; or

(9) Has been convicted of a misdemeanor crime of domestic violence cannot lawfully receive, possess, ship, or transport a firearm or ammunition,is prohibited from shipping, transporting, possessing, or receiving firearms and ammunition.

A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding 1 year cannot lawfully ship, transport, or receive a firearm or ammunition. Such persons may continue to lawfully possess firearms and ammunition obtained prior to the indictment or information, but cannot do so once the conviction becomes final.

[18 U.S.C. 922(g) and (n); 27 CFR 478.32]

Yes. A license is required to import or manufacture ammunition. However, a license is not required to deal only in ammunition. Ammunition includes cartridge cases, primers, bullets or propellant powder designed for use in any firearm other than an antique firearm.

[18 U.S.C. 921(a)(17), 922(a)(1)(B) and 923(a); 27 CFR 478.11]

A person who is prohibited from possessing, shipping, transporting, or receiving firearms or ammunition may make application to the Attorney General for relief from the firearms disability. The Attorney General may grant such relief if it is established to the Attorney General’s satisfaction that the circumstances regarding the disability, and the applicant’s record and reputation, are such that the applicant will not be likely to act in a manner dangerous to public safety and that the granting of relief would not be contrary to the public interest. See 18 U.S.C. § 925(c).

On March 20, 2025, the Department of Justice issued an interim final rule. As a result, ATF no longer has authority to process applications for relief from firearms disabilities. See https://www.federalregister.gov/documents/2025/03/20/2025-04872/withdrawing-the-attorney-generals-delegation-of-authority. For those interested in pursuing relief under Section 925(c), please note the Interim Final Rule’s statement that “the Department anticipates future actions, including rulemaking consistent with applicable law, to give full effect to 18 U.S.C. 925(c) while simultaneously ensuring that violent or dangerous individuals remain disabled from lawfully acquiring firearms.” 90 Fed. Reg. at 13,083.

Because black powder firearms are considered antique firearms, the possession of a black powder firearm by a person subject to federal firearms disabilities is not prohibited by the GCA. However, a person subject to federal firearms disabilities may not receive and/or possess black powder firearms that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof which are classified as "firearms." Additionally, state law may prohibit the possession of a black powder firearm by persons who are not federally prohibited from possessing them. Please contact your state's Attorney General’s Office for information regarding black powder firearms.

[18 U.S.C. 921(a)(3) and (16); 27 CFR 478.11 and 478.141(d)]

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]

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]

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]

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)]

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]

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)]

Yes, if the person engages in the business of selling or distributing reloads for the purpose of livelihood and profit.

No, if the person reloads only for personal use.

[18 U.S.C. 922(a) and 923(a); 27 CFR 478.41]

Yes. Licensed manufacturers must pay excise tax on the sale of firearms and ammunition manufactured.

For additional information on excise taxes, contact the Department of Treasury, Alcohol and Tobacco Tax and Trade Bureau.

No. A person licensed as a manufacturer of ammunition may not manufacture firearms unless they obtain a license as a firearms manufacturer.

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

Yes. The Gun Control Act was amended so that employees of government agencies convicted of misdemeanor crimes of domestic violence (MCDV) would not be exempt from disabilities with respect to their receipt or possession of firearms or ammunition.

Thus, law enforcement officers and other government officials who have been convicted of a disqualifying misdemeanor may not lawfully possess or receive firearms or ammunition for any purpose, including performance of their official duties. The disability applies to firearms and ammunition issued by government agencies, purchased by government employees for use in performing their official duties, and personal firearms and ammunition possessed by such employees.

[18 U.S.C. 922(g)(9) and 925(a)(1); 27 CFR 478.32(a)(9) and 478.141]

Individuals subject to this disability should immediately dispose of their firearms and ammunition, such as by abandonment to a law enforcement agency.

[18 U.S.C. 922(g)(9); 27 CFR 478.32]

Yes.