Nonimmigrant Aliens
Yes. National Firearms Act weapons (which include machineguns, short-barreled rifles and shotguns, and silencers); nonsporting firearms; U.S. government origin firearms or firearms that contain U.S. government origin manufactured parts or components; and firearms from certain proscribed countries may not be temporarily imported.
If you think the firearm(s) you wish to import may be affected by these restrictions, please contact the Firearms and Explosives Imports Branch by phone at (304) 616-4550 or by email at imports@atf.gov.
[18 U.S.C. 922(l) and 925(d); 26 U.S.C. 5844; 27 CFR 447.52 and 447.57; 27 CFR 478.111; 27 CFR 479.111]
No. Because antique firearms are not considered firearms for purposes of the Gun Control Act (GCA), none of the import regulations apply to the importation of antique firearms. Moreover, a nonimmigrant alien may possess antique firearms, even if the alien does not fall within an exception to the nonimmigrant alien prohibition.
[18 U.S.C. 921(a)(3) and (a)(16); 27 CFR 478.11]
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.
No. Because you are only importing the firearms temporarily, you do not need to complete an ATF Form 6A or provide it to CBP.
[27 CFR 478.120]
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.
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.
Yes. All non-U.S. citizens need an alien number or admission number to purchase a firearm from a federal firearms licensee (FFL). A FFL cannot complete the sale without an alien or admission number. This is the case even if you have a state permit that ATF has determined qualifies as a "NICS alternative" and therefore do not need to have a NICS background check.
No. A valid, unexpired hunting license or permit from any state within the United States satisfies the hunting license exception to the nonimmigrant alien prohibition. The hunting license or permit does not have to be from the state where the nonimmigrant alien is purchasing the firearm.
No. The possessor of a "green card" is a permanent resident and not in nonimmigrant status.
An alien number is a unique 7, 8, or 9 digit number assigned to a noncitizen by the Department of Homeland Security upon the creation of a file.
An admission number is the number on a CBP Form I–94 or CBP Form I–94W, the arrival/departure form Customs and Border Protection (CBP) gives most nonimmigrant aliens when they arrive in the United States. While most nonimmigrant aliens will automatically receive an admission number when they enter the United States, Canadians will not. However, if a Canadian asks a CBP official for an admission number when they enter the United States, they will be given an admission number.
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.
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]
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 is an alien in the United States in a nonimmigrant classification as defined by section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)). Generally, "nonimmigrant aliens" are tourists, students, business travelers and temporary workers who enter the U.S. for fixed periods of time; they are lawfully admitted aliens who are not lawful permanent residents.
Pawnbrokers
Yes. A licensed pawnbroker may conduct a NICS background check on a person at the time the person offers to pawn a firearm. If NICS advises the pawnbroker that receipt or possession of the firearm by the person attempting to pawn the firearm would violate the law, the pawnbroker must advise local law enforcement within 48 hours after receipt of the information.
A pawnbroker who contacts NICS about a person prior to accepting the person’s firearm in pawn must still conduct a NICS background check at the time of redemption.
[Public Law 105–277, enacted on October 21, 1998]
Yes. Licensed pawnbrokers are required to comply with written notification to unlicensed individuals upon delivery of a handgun.
A pawnbroker who transfers handguns to nonlicensees must also comply with the sign posting requirement.
[27 CFR 478.103]
Yes. Like other licensees, a pawnbroker cannot lawfully return a firearm to a person who is, due to age or other disability, ineligible to receive or possess firearms.
[18 U.S.C. 922(d) and 922(b)(1); 27 CFR 478.99]
If the pawnbroker and nonlicensee are residents of the same state, the pawnbroker may return a handgun, long gun, or other firearm to either the person who pawned it or, where state and/or local law allows, a holder of the pawn ticket* who resides in the pawnbroker’s state.
If the pawnbroker and nonlicensee are not residents of the same state:
- The pawnbroker may return a firearm to the person who pawned it.
- The pawnbroker may transfer a rifle or shotgun to the holder of a pawn ticket* who did not pawn it, provided the transaction complies with the conditions of sale in both the state where the pawnbroker is licensed and the state where the pawn ticket holder resides.
* NOTE: The holder of the pawn ticket may acquire a firearm only if they are the actual “transferee/buyer” of the firearm. The holder of a pawn ticket may not acquire a firearm on behalf of another person.
[18 U.S.C. 922(a)(2), 922(a)(3) and 922(b)(3)]
The redemption of a pawned firearm is a "disposition" subject to all the recordkeeping requirements under the Gun Control Act (GCA).
- Dispositions must be properly entered in the pawnbroker’s acquisition and disposition record,
- An ATF Form 4473 must be executed, and
- A NICS background check completed in connection with the redemption.
[18 U.S.C. 922(t), 923(g); 27 CFR 478.102, 478.124 and 478.125]
Personal Collections-Licensees
Yes. A licensee may log business firearms out of the acquisition and disposition (A&D) record as a personal firearm.
If that firearm is sold within a year of having been transferred to the licensee’s personal collection, the licensee must re–enter the firearm in the business A&D record, and sell or transfer the firearm as business inventory, including completing an ATF Form 4473 and a NICS background check if required.
If, however, the firearm is held in the personal collection of the licensee for more than one year, the firearm may be sold as the licensee’s personal firearm. Although no ATF Form 4473 or NICS background check is required, the licensee must record the disposition of the personal firearm in a personal disposition record.
[18 U.S.C. 923(c); 27 CFR 478.125a]
Firearms acquired by a licensee prior to obtaining a license must be recorded as business inventory in the acquisition and disposition (A&D) record if the licensee intends to sell the firearm.
All firearms acquired after obtaining a firearms license must be recorded as an acquisition in the A&D record as business inventory.
[18 U.S.C. 923(c); 27 CFR 478.125a]
No. The law presumes that any firearm transferred to a personal collection for the purpose of willfully evading the restrictions placed upon licensees remains business inventory.
[18 U.S.C. 923(c)]
Yes; however, such firearms must be kept segregated from the licensee’s business inventory. A presumption exists that all firearms on a licensee’s business premises are for sale and must be entered in the licensee’s bound book. Licensees should appropriately identify or tag personal firearms as “not for sale.”
Processing Q&As (National Firearms Act (NFA))
Yes. For example, NFA Division is reallocating resources to prioritize processing applications that have received a “proceed” from FBI-NICS in response to the required background check.
Receiver Blanks
Receiver blanks that do not meet the definition of a "firearm" are not subject to regulation under the Gun Control Act (GCA). ATF has long held that items such as receiver blanks, "castings" or "machined bodies" in which the fire-control cavity area is completely solid and un-machined have not reached the "stage of manufacture" which would result in the classification of a firearm according to the GCA.
The following three photos are provided as examples. The first receiver has a solid, un-machined fire-control cavity area with no holes or dimples for the selector, trigger, or hammer pins. It does not meet the GCA definition of a firearm. The second receiver, shown from the top, likewise has a solid, un-machined fire-control cavity area. It does not meet the GCA definition of a firearm. The third receiver has a partially machined fire-control cavity and does meet the GCA definition of a firearm.
