Questions and Answers

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]

The following conditions must usually be met to justify the payment of a SLRP benefit based on recruitment needs:

1. The candidate must be highly qualified for the position.
2. In the absence of a SLRP incentive, the candidate would be unwilling to accept the position.
3. ATF would have difficulty filling the position if the candidate declines the position.

SLRP is typically reserved for hard to fill positions where a low number of highly qualified applicants apply. The job announcement will typically indicate if the hiring manager is willing offer an SLRP to an applicant as well. Offering this incentive is at the discretion of the hiring manager. Recipients will be determined on a case-by-case basis based on organizational need, specific case justification and budget limitations. You can read more about the Student Loan Repayment Program on OPM’s website.

If a hiring manager is willing to consider paying for relocation expenses, it will be listed in the job announcement. Relocation expenses are typically reserved for higher-level (senior) positions that are hard to fill.

ATF is committed to fostering a positive, healthy environment for our employees. Part of this environment is comprised by flexible work schedules in many of our positions. Please pay special attention to the announcement you are applying to, as it will touch upon any work schedules and flexibilities available. This is also a good conversation to have with the hiring manager to gain greater insight into the position of interest.

Due to the large volume of applications processed, ATF recruitment and hiring personnel will be unable to assist with individual status checks. Applicants are considered to be in the hiring process unless they receive written notification that they are no longer under consideration. As noted in each industry operations investigator vacancy announcement, the ATF hiring process can be very lengthy. Applicants are forwarded through the hiring process on an as needed basis and not on any set schedule. Budget issues, staffing issues and previously existing pool(s) of applicants may significantly affect the time it takes to complete the hiring process.

If applying based on the education requirement you must already have completed your degree at the time of application. Industry Operations Investigator vacancy announcements are posted at www.USAJobs.gov.

The following informational packet provides detailed information about the ATF industry operations investigator position to include major duties, basic qualifications, conditions of employment and specific requirements: Industry Operations Investigator Informational Packet

No. Sales may not be made to limited permittees who are out-of-State residents. [18 U.S.C. 842(a); 27 CFR 555.11: definition of "limited permit", 555.41(b)(3)]

A person under indictment for, or convicted of, a crime punishable by imprisonment for a term exceeding one year is not eligible to be issued a license or permit. However, a licensee or permittee who is indicted for, or convicted of, such a crime during the term of his or her existing license or permit is not barred from licensed or permit operations for 30 days after the date of the indictment or the date the conviction becomes final. If the licensee or permittee files an application for relief from disabilities within such 30-day period, he or she may continue licensed or permit operations while the application is pending. If a relief application is not filed during that period, the licensee or permittee may not continue operations beyond such 30-day period. The right of a licensee to continue licensed or permitted operations beyond such 30-day period is also conditioned on the licensee or permittee timely filing a license or permit renewal application disclosing that the applicant has been indicted for, or convicted of, the crime. A licensee or permittee may not continue operations beyond 30 days following the date the Director issues notification that the relief application has been denied. [18 U.S.C. 845(b); 27 CFR 555.142]

Yes. The Director, Industry Operations for the ATF Field Division in which a licensee or permittee is located may revoke a license or permit if the holder has violated any provision of 18 U.S.C. Chapter 40 or its implementing regulations or has become ineligible to receive explosive materials under 18 U.S.C. 842(i). [18 U.S.C. 843(d); 27 CFR 555.71, 555.74]

Yes. You may continue to operate the business pursuant to your current license or permit until the application for renewal is acted upon. [5 U.S.C. 558]

Generally, prior to expiration of the license or permit, a licensee or permittee will be notified. The application form must be completed and filed with ATF before expiration of the current license or permit for the renewal to be considered timely. However, if a licensee or permittee does not receive a renewal notification, it is still that licensee’s or permittee’s responsibility to ensure that an application is filed prior to expiration of the current license or permit. [27 CFR 555.46]

No, however the driver is required to furnish the seller with an identification document as defined in 27 CFR Part 555.11. [27 CFR 555.103(b), 555.105(b)]

The employee must be on the current list of representatives or agents authorized to accept delivery of explosive materials on behalf of the employer and be an authorized employee possessor of explosives. [27 CFR 555.103(b), 555.105(b)]

Any licensed importer is authorized to engage in the business of importing explosive materials for sale, distribution, or their own use. Any licensed manufacturer, dealer, or holder of a user permit may import explosive materials for their own use only. Licensees and user permittees importing explosive materials must provide to the U.S. Customs and Border Protection (CBP) a copy of the license or permit. Note, however, that in the case of certain military explosives or propellant powder or other components of small arms ammunition, Federal firearms regulations require the importer to provide an approved ATF Form 6 to the CBP. [27 CFR 555.41(b)(2), 555.41(b)(3), 447.21, 555.108(a), 555.183, 478.113]

No. A license or permit confers no right or privilege to conduct business or operations, including storage, contrary to state or other law. All legal requirements must be followed, whether federal, state, or local. [18 U.S.C. 848; 27 CFR 555.62]

No. No licensee will be required to obtain a user permit to lawfully transport, ship, or receive explosive materials in inter-state or foreign commerce. [27 CFR 555.41(b)(2)]

Yes. The licenses for manufacturing and importing allow a person to engage in separate and distinct activities and a separate license is required for each activity. However, a manufacturer or an importer does not need a separate dealer’s license to also distribute explosive materials from the licensed premises. [27 CFR 555.41(b)]

Yes. A separate license is required for each location where business is conducted. However, a separate license is not required for:

(a) Facilities used only for the storage of explosive materials;

(b) Locations used solely for the storage of records relating to the business; and

(c) Licensed manufacturers’ on-site manufacturing.

[27 CFR 555.41(b)]