Tobacco
The FDA at 1-877-287-1373 or AskCTP@fda.hhs.gov
The Alcohol Beverage Control Board in your state or the Food and Drug Administration (FDA) at 1-888-463-6332 or www.fda.gov .
Contact the Alcohol and Tobacco Enforcement Branch (ATEB) at 202-648-7130 or your local ATF office, if the quantity exceeds 10,000.
If you are personally importing tobacco products or cigarette papers or tubes for personal use, you should contact the U.S. Customs and Border Protection at www.cbp.gov and your appropriate State government agency. You may also contact ATF.
Cigarettes purchased on the internet are subject to the applicable federal, state, and local taxes. Under the PACT Act, internet sellers must report the sale to the tobacco administrator of the state to which they ship the cigarettes. Generally, cigarettes may not be mailed. States and local governments can collect cigarette taxes and interest due on the purchase of untaxed cigarettes purchased on the internet or through mail order.
U.S. Bomb Data Center
Data is entered as soon as the U.S. Bomb Data Center has received the information. Each incident's case information is updated throughout the case history of the file.
U.S. Military Explosives
All activities conducted outside the scope of a U.S. Government contract are subject to the requirements of Part 555, even if the activities are conducted on property owned by the military.
[18 U.S.C. 845(a)(3), (a)(6); 27 CFR 555.26, 555.29, 555.41, 555.141(a)(3), (a)(5)]
Yes, provided that all the explosive materials in question are manufactured under a government contract. Any explosive materials manufactured in anticipation of receiving a government contract would not qualify for this exemption. If the contractor manufactures any explosive materials not pursuant to a U.S. military contract, the manufacture and the explosive materials are subject to all requirements of the law and regulations.
Some contracts may allow the contractor to retain excess or extracted explosive materials for their own use, for use in further manufacture, or for sale in commerce. In such a case, ownership of the explosive materials typically passes from military to the private company. ATF generally considers this acquisition and any further activities involving the explosive materials to be regulated by 27 CFR Part 555.
As long as the demil operator has a valid Department of Defense contract to perform such operations, the operations would be exempt from 27 CFR Part 555 and no license or permit would be required. However, if title to the explosive materials has passed from the military to the demil operator then the materials must be stored under Part 555 requirements and subsequent operations may be regulated by ATF (e.g., storage, sales, manufacturing) and an ATF license or permit may be needed. Contact the nearest ATF field office for further information.
[18 U.S.C. 845(a)(3), (a)(6) and 27 CFR 555.141(a)(3), (a)(5)]
Unlicensed Persons
Only those firearms subject to the National Firearms Act (NFA) (e.g., machineguns, short–barreled rifles and shotguns, silencers, destructive devices, and firearms designated as “any other weapons”) must be registered with ATF.
Firearms registration may be required by state or local law. Any person considering acquiring a firearm should contact their State Attorney General’s Office to inquire about the laws and possible state or local restrictions.
[26 U.S.C. 5841; 27 CFR 479.101]]
When a transaction takes place between unlicensed persons who reside in the same state, the Gun Control Act (GCA) does not require any record keeping. An unlicensed person may sell a firearm to another unlicensed person in their state of residence and, similarly, an unlicensed person may buy a firearm from another unlicensed person who resides in the same state. It is not necessary under federal law for a federal firearms licensee (FFL) to assist in the sale or transfer when the buyer and seller are “same–state” residents.
There may be state or local laws or regulations that govern this type of transaction. Contact the office of your State Attorney General for information regarding any such requirements.
An individual between 18 and 21 years of age may acquire a handgun from an unlicensed individual who resides in the same state, provided the person acquiring the handgun is not otherwise prohibited from receiving or possessing firearms under federal law. A federal firearms licensee may not, however, sell or deliver a firearm other than a shotgun or rifle to a person the licensee knows or has reasonable cause to believe is under 21 years of age.
There may be state or local laws or regulations that govern this type of transaction. Contact the office of your State Attorney General for information on any such requirements.
[18 U.S.C. 922(b)(1)]
If a person maintains a home in two states and resides in both states for certain periods of the year, they may, during the period of time they actually reside in a particular state, purchase a firearm in that state. However, simply owning property in another state does not alone qualify the person to purchase a firearm in that state.
[27 CFR 478.11]
An unlicensed person who is not prohibited from receiving or possessing firearms may purchase a firearm from an out-of-state source, provided the transfer takes place through a federal firearms licensee in their state of residence.
[18 U.S.C 922(a)(3) and 922(b)(3); 27 CFR 478.29]
Generally, a person may only acquire a firearm within the person’s own state. Exceptions include the acquisition pursuant to a lawful bequest, or an over-the-counter acquisition of a rifle or shotgun from a licensee where the transaction is allowed by the purchaser’s state of residence and the licensee’s state of business. A person may borrow or rent a firearm in any state for temporary use for lawful sporting purposes.
[18 U.S.C 922(a)(3); 27 CFR 478.29]
No. Curios or relics are still firearms subject to the provisions of the GCA; however, curio or relic firearms may be transferred in interstate commerce to licensed collectors or other licensees.
[18. U.S.C. 921(a)(3) and (13) and 923(b); 27 CFR 478.11]
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]
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]
A nonlicensee may not transfer a firearm to a non-licensed resident of another state. A nonlicensee may mail a shotgun or rifle to a resident of their own state or to a licensee in any state.
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.
Handguns are not mailable. A common or contract carrier must be used to ship a handgun.
[18 U.S.C. 1715, 922(a)(5) and 922 (a)(2)(A); 27 CFR 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. A person who lawfully possesses a firearm may transport or ship the firearm interstate when changing their state of residence. If using a moving company, you must notify the mover that firearms are being transported.
Certain NFA firearms must have prior approval from ATF before such firearms may be moved interstate. You should also check state and local laws where relocating to ensure that movement of firearms into the new state does not violate any state law or local ordinance.
[18 U.S.C. 922(a)(4) and 922(e); 27 CFR 478.28 and 478.31]
