Multiple Sales of Firearms
The rifle transactions that must be reported are dispositions of semiautomatic rifles capable of accepting a detachable magazine and with a caliber greater than .22 (including .223/5.56 caliber) to an unlicensed person. However, the reporting requirement does not apply to receivers for such rifles.
You may contact the Firearms and Ammunition Technology Division at fire_tech@atf.gov or (304) 616-4300 if you are unable to determine if the rifles are subject to the reporting requirements.
National Firearms Act (NFA)
Generally, no. Muzzleloading cannons manufactured in or before 1898 (and replicas thereof) that are not capable of firing fixed ammunition are considered antiques and not subject to the provisions of either the Gun Control Act (GCA) or National Firearms Act (NFA).
[26 U.S.C. 5845; 27 CFR 479.11]
The person must be licensed under the Gun Control Act (GCA) and pay the required special (occupational) tax imposed by the National Firearms Act (NFA). After becoming licensed under the GCA, the licensee must submit an ATF Form 5630.7, Special Tax Registration and Return National Firearms Act (NFA) to ATF with the appropriate tax payment.
An importer of NFA firearms (except importers of sporting shotguns and shotgun ammunition) must also be registered with ATF under the Arms Export Control Act of 1976, by filing an ATF Form 4587, Application to Register as an Importer of U.S. Munitions Import List Articles.
[26 U.S.C. 5801; 18 U.S.C. 923; 27 CFR 447.31, 478.41 and 479.34]
NFA (non-licensees)
The National Firearms Act (NFA) contains no minimum age in regard to the possession of NFA firearms. Regardless, federal firearms law prohibits a licensed importer, manufacturer, dealer or collector (i.e., licensees) from selling or delivering any firearm or ammunition to any individual that the federal licensee knows or has reasonable cause to believe is less than 18 years of age. Federal firearms law further provides that a licensee shall not sell or deliver any firearm or ammunition that is other than a shotgun or rifle or ammunition for a shotgun or rifle to any individual that the federal licensee knows or has reasonable cause to believe is less than 21 years of age.
[27 CFR § 478.99(b)]
Nonimmigrant Aliens
The ATF Form 6 NIA is valid for one year from the date of approval. For conditions on importation, see the instructions on the Form 6 NIA.
An alien admitted to the United States under a nonimmigrant visa is prohibited from shipping, transporting, receiving, or possessing a firearm or ammunition unless the alien falls within one of the exceptions provided in 18 U.S.C. 922(y)(2), such as: a valid hunting license or permit, admitted for lawful hunting or sporting purposes, certain official representatives of a foreign government, or a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business.
[18 U.S.C. 922(g)(5)(B) and 922(y)(2); 27 CFR 478.11 and 478.32]
Yes. An individual may apply to ATF for a waiver.
[18 U.S.C. 922(g)(5)(B) and 922(y)(3); 27 CFR 478.11 and 478.32]
A nonimmigrant alien without residency in any state may not purchase and take possession of a firearm. A nonimmigrant alien may only purchase a firearm through a licensee where the licensee arranges to have the firearm directly exported. A nonimmigrant alien who falls within an exception may, however, purchase and take possession of ammunition.
A nonimmigrant alien who has established residency in a state may purchase and take possession of a firearm from an unlicensed person, provided the buyer and seller are residents of the same state, and no other state or local law prohibits the transaction. A nonimmigrant alien with residency in a state may purchase a firearm from a licensee, provided the sale complies with all applicable laws and regulations.
[18 U.S.C. 922(a)(9); 27 CFR 478.29a]
When entering the United States, an alien must show CBP both the approved Form 6 NIA (5330.3D) permit, and if admitted to the United States under a nonimmigrant visa, appropriate documentation demonstrating you fall within an exception to the nonimmigrant alien prohibition.
No. A nonimmigrant alien who is lawfully admitted to the United States without a visa (e.g. Visa Waiver Program), may acquire or possess a firearm in the United States.
Yes. All nonimmigrant aliens (with a few exceptions ) must obtain an import permit from ATF to temporarily import firearms and ammunition for hunting or other lawful sporting purposes. Please note this requirement applies to all nonimmigrant aliens, not all nonresidents (e.g., it does not apply to U.S. citizens residing abroad).
The form to be filed with ATF is an ATF Form 6 NIA (5330.3D) Application/Permit for Temporary Importation of Firearms and Ammunition by Nonimmigrant Aliens, with documentation demonstrating that you fall within an exception to the nonimmigrant alien prohibition. The form is both the application and, once approved, the permit you present to the U.S. Customs and Border Protection when you enter the United States. The Form 6 NIA can be downloaded at www.atf.gov.
Receiver Blanks
Yes. In some cases, items being marketed as “unfinished” or “80%” receivers do actually meet the definition of a “firearm” as defined in the Gun Control Act (GCA).
If you are unsure about whether an item you are planning to buy or sell is considered a firearm under the GCA, please contact ATF’s Firearms and Ammunition Technology Division (FATD) by email at fire_tech@atf.gov or by phone at 304-616-4300.
Record Required - Licensees
Licensees are required to keep records for armor piercing ammunition.
[18 U.S.C. 922(b)(5); 27 CFR 478.122, 478.123, and 478.125]
Unlicensed Persons
A nonlicensee may ship a firearm by a common or contract carrier to a resident of his or her or her own state or to a licensee in any state. A common or contract carrier must be used to ship a handgun.
In addition, federal law requires that the carrier be notified that the shipment contains a firearm or ammunition, prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm and requires obtaining written acknowledgement of receipt.
[18 U.S.C. 922(a)(2)(A), 922(a)(5), 922(e) and (f); 27 CFR 478.30 and 478.31]
Yes. However, persons less than 18 years of age may only receive and possess handguns with the written permission of a parent or guardian for limited purposes, e.g., employment, ranching, farming, target practice or hunting.
[18 U.S.C. 922(x)]
Yes, provided they are not prohibited from possessing or receiving ammunition.
[18 U.S.C. 922(g) and (n)]
No. Although generally the Gun Control Act (GCA) prohibits the receipt and possession of firearms and ammunition by persons subject to disqualifying restraining orders, the GCA does not prohibit a law enforcement officer subject to a restraining order from receiving or possessing firearms or ammunition for use in performing official duties. Possession of the firearm for official purposes while off duty would be lawful if such possession is required or authorized by law or by official departmental policy. An officer subject to a disabling restraining order would violate the law if the officer received or possessed a firearm or ammunition for other than official use.
[18 U.S.C. 921(a)(32), 922(g)(8) and 925(a)(1); 27 CFR 478.11, 478.32 and 478.141]
