NFA (non-licensees)
Assuming that the firearm was originally a pistol, the resulting firearm, with an attached shoulder stock, is not an NFA firearm if it has a barrel of 16 inches or more in length.
Pursuant to ATF Ruling 2011-4, such rifle may later be unassembled and again configured as a pistol. Such configuration would not be considered a “weapon made from a rifle” as defined by 26 U.S.C. § 5845(a)(4).
[26 U.S.C. § 5845, 27 CFR § 479.11]
An individual who is not prohibited by federal, state or local law from receiving or possessing firearms may lawfully obtain an NFA firearm in one of two ways:
- An approved transfer of a registered NFA firearm from its lawful owner, which requires ATF Form 4, Application for Tax Paid Transfer and Registration of a Firearm; or,
- An approved making of an NFA firearm, which requires ATF Form 1, Application to Make and Register a Firearm.
[26 U.S.C. § 5812, 5822; 27 CFR § 479.62-66, 479.84-86]
NFA application status depends on the type of transaction or ATF form that is used because each form has different requirements and different processes that require different processing times. NFA applications begin processing when the applicable form is entered into the National Firearms Registration Transfer Records database (NFRTR), at which point the application enters a “Pending” status until reviewed by an ATF Legal Instruments Examiner.
The time required to process an NFA application depends upon many factors including the particular ATF form used, the volume of forms submitted from throughout the country, any errors on forms, and complexities with background checks or the legal status of corporations, trusts or other legal entities.
Nonimmigrant Aliens
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]
A nonimmigrant alien that possesses a valid hunting license from a state within the United States, or falls within any of the other exceptions or exemptions that allow nonimmigrant aliens to possess firearms, may rent firearms to hunt or to use at a shooting range.
[18 U.S.C. 922(a)(5) and (9), 922(g)(5)(B) and 922(y); 27 CFR 478.99(a) and (c)(5)]
An alien that temporarily imports a firearm into the United States must remove the firearm from the country at the conclusion of the visit.
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.
Other Systems (Import/Export Tools) and BATS
BATS is an incident-based reporting system that serves as the nation's repository for explosives & arson related incidents as authorized by the Federal Explosives Laws and the Attorney General. It was developed to facilitate and promote the collection, sharing and diffusion of intelligence information concerning crimes involving explosives and fires. While ATF and the USBDC maintain the web-based BATS system, each agency is responsible for administering their account. BATS provides bomb squads and fire investigation units with technology to manage and track their day-to-day incident responses and related activities. Incident details are directly entered by local, state & federal bomb technicians, bomb investigators, and fire investigators using a standardized lexicon unique to IEDs and fire investigations. This information can be searched in real-time and is essential to the identification of a particular style of an IED that may be associated with a known bomb maker (i.e., signature) or in identifying a particular M.O (e.g., serial-type cases).
BATS includes a case management functionality that allows users to build their investigation while maintaining operational security. BATS users can also collaborate with other agencies to include fusion centers in a virtual "task force" setting, which is ideal for multi-jurisdictional investigations or special events. Case data in BATS is designated as law enforcement sensitive and restricted from the public. Direct entry by law enforcement and public safety users enhances the quantity, accuracy, and timeliness of the information leading to a more meaningful analysis as opposed to summary data. The structured data fields in BATS ensure the use of standardized language and also simplifies the process of data mining for analysis, statistics, and management reports as opposed to data in "narrative" format which cannot be reused for other computational purposes.
TRIPwire (Technical Resource for Incident Prevention) is an internet-based information-sharing network administered by the DHS. It is not for reporting incident details involving explosives and/or fire but provides information on international terrorist bombings, relevant news, and threat alerts to assist homeland security professionals with bombing awareness and prevention. Information is gathered from open-source publications, as well as government issued threat bulletins and advisories. BATS users can link to TRIPwire as well as other useful websites such as LEO by clicking the "Useful Links" tab within BATS.
LEO (Law Enforcement Online) is an internet-based communications portal administered by the FBI. It is not a records management system (RMS) and includes a national alert system, special interest groups, access to databases like those run by the National Center for Missing and Exploited Children, email services, a virtual command center, distance learning, and a multimedia library of publications, documents, studies, research, technical bulletins, and other reports. BATS users can link to LEO as well as other useful websites such as TRIPwire and more by clicking the "Useful Links" tab within BATS.
N-DEx (National Data Exchange) allows participating law enforcement agencies to submit their incident data to a central repository maintained by the FBI where they are compared against incidents that other agencies have uploaded. N-DEx is not a records management system (RMS) or statistical reporting system. It can be accessed through LEO and the information is as current as the data submitted and /or updated by participating agencies.
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]
