Firearms, ammunition and defense articles

Member: 

Basic information

1

Outline of the system

The United States maintains a system of registrations and permits to control the permanent importation of firearms, ammunition and defense articles. The law and regulations of these imports are administered by ATF pursuant to the Gun Control Act of 1968 (GCA, at 18 U.S.C. Chapter 44), the Arms Export Control Act of 1976 (AECA, at 22 U.S.C. § 2778), and the National Firearms Act (NFA, at 26 U.S.C. Chapter 53). The Department of State and the Department of Commerce maintains a similar system of controls relative to exports and temporary imports.

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Product coverage

Persons engaged in the business of importing defense articles on the U.S. Munitions Import List must be registered. Actual importation is authorized by use of ATF Form 6—Application and Permit for Importation of Firearms, Ammunition and Defense Articles.

Nature of licensing

Automatic

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If Automatic, administrative purpose

Not applicable.

Non-Automatic

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If Non-Automatic, description of the notified Non-Automatic Licensing regime

See section above on outline of system. ATF administers licensing provisions under three statutes and implementing regulations: the Gun Control Act of 1968 (GCA, at 18 U.S.C. Chapter 44), the Arms Export Control Act of 1976 (AECA, at 22 U.S.C. § 2778), and the National Firearms Act of 1934 (NFA, at 26 U.S.C. Chapter 53). Under the GCA, the United States maintains a system of licenses for persons engaged in the business of manufacturing, importing, or dealing in firearms, and for persons engaged in the business of manufacturing or importing ammunition. ATF administers GCA import controls along with import controls established by the AECA through a system of registration and import permits. In addition, under the NFA, ATF administers a special occupational tax for persons engaged in the business of importing, manufacturing, or dealing in NFA firearms. ATF also maintains a system of registration for NFA firearms, which include machineguns, silencers, and destructive devices.

GCA: Complete and submit to ATF the ATF Form 7/7R, Application for License (FFL) to make application for a Federal firearms license. The application must be accompanied by the proper application fee. Generally for most types of license (except Type 03), persons must also submit supporting materials, including fingerprint card(s) and photographs. ATF conducts background checks on all responsible persons identified on a license application. (Responsible person is a sole proprietor, partner, or anyone having the power to direct the management, policies, and practices of the business or activity as it pertains to firearms. In a corporation, this includes corporate officers, shareholders, board members, or any other employee with the legal authority described.) Applications undergo background checks and ATF ensures the business address and proposed business operations are in compliance with applicable laws.

Federal firearms licensees must submit an ATF Form 6, Part I to ATF (import permit application) for approval. Such licensees may then present an approved ATF Form 6 and completed ATF Form 6A to U.S. Customs and Border Protection for release of the imported defense articles.

5

Products under restriction as to the quantity or value of imports

Primary purpose is to regulate international transfers into the United States of United States Munitions Import List defense articles consistent with U.S. national security and foreign policy. No alternative methods have been considered.

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Questions for products under restriction as to the quantity or value of imports

Not applicable.

7

The system applies to products originating from which country?

All countries except those restricted by the Department of State from which imports are denied entry into the United States. Refer generally to 27 CFR 447.52 for restricted countries and defense articles; ATF also maintains an up-to-date listing at its Firearms and Explosives Imports Branch ((304) 616-4550).

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Expected duration of licensing procedure

ATF approves or, depending on the circumstances denies, an application for a Federal firearms license within sixty (60) days of receiving a properly executed application at the Federal Firearms Licensing Center.

Eligibility of applicants

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Is there a system of registration of persons or firms permitted to engage in importation?

13

What persons or firms are eligible to apply for a licence?

All persons, firms, and institutions are eligible to apply for licenses.

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Is there a registration fee?

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Is there a published list of authorized importers?

Contact point for information on eligibility

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Ministry/Authority

Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice; Firearms and Explosives Imports Branch (FEIB)

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Address

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Telephone

1-866-662-2750

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Fax

Not applicable.

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E-mail address

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Contact officer

Not applicable.

Submission of an application

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Administrative body(ies) for submission of an application

Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice; Firearms and Explosives Imports Branch (FEIB)

Documentation requirements

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What information is required in applications?

The ATF Form 7 is the application for a Federal firearms license. The ATF Forms 6 and 6A are the import application and permit: Application and Permit for Importation of Firearms, Ammunition and Defense Articles (ATF Form 6, Part I); Release and Receipt of Imported Firearms, Ammunition and Defense Articles (ATF Form 6A). The ATF Form 4587 is the Application to Register as an Importer of U.S. Munitions Import List Articles.

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What documents is the importer required to supply with the application?

Window of submission of an application

26

How far in advance of importation must application for a licence be made?

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Are there any limitations as to the period of the year during which application for licence can be made? If so, explain

No.

Issuing the license

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Can a licence be granted immediately on request?

No. A license cannot be granted immediately on request.

29

Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence

A Federal Firearms License is issued within 60 days after receipt of a properly completed application. Any person who wishes to permanently import a defense article on the U.S. Munitions Import List into the United States must first file application with ATF and obtain an approved ATF Form 6—Application and Permit for Importation of Firearms, Ammunition and Defense Articles.

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Which administrative body is responsible for approving application of licences?

Yes, consideration of license applications is effected by a single administrative organ (ATF).

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Must the applications be passed on to other organs for visa, note or approval?

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Are there any other conditions attached to the issue of a licence?

No.

Fees and other administrative charges

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Is there any licensing fee or administrative charge?

Yes.

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What is the amount of the fee or charge?

Amount of fee:

One year: US$ 250
Two years: US$ 500
Three years: US$ 700
Four years: US$ 850
Five years: US$ 1,000

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Is there any deposit or advance payment required associated with the issue of licences?

No.

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Amount or rate?

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Is it refundable?

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What is the period of retention?

39

What is the purpose of this requirement?

Refusal of an application

40

Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?

No additional circumstances apply.

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Are the reasons for any refusal given to applicants?

The reasons for refusal are provided to the applicant.

42

Have applicants a right of appeal in the event of refusal to issue a licence?

If an import permit is denied, revoked, suspended, or revised, the importer or applicant shall be advised in writing of the decision and the reasons therefor. Within 30 days of receipt, the applicant or importer may file a written request for an opportunity to present additional information and to have a full case review by the appropriate ATF officer.

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If so, to what bodies and under what procedures?

In the event of refusal to issue a Federal firearms license, administrative appeals may be made through the Director of the ATF.

Importation

44

Are there any limitations as to the period of year during which importation may be made?

No.

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What documents are required upon actual importation?

Proof to United States Customs and Border Protection of permit status furnished by the importer or his/her agent. Application and Permit for Importation of Firearms, Ammunition and Defense Articles (ATF Form 6, Part I); Release and Receipt of Imported Firearms, Ammunition and Defense Articles (ATF Form 6A). A fee for registration is charged, but not for the permit.

46

Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?

No.

Conditions of licensing

47

What is the period of validity of a licence? Can the validity be extended? How?

Registration: one to five years. Permit: two years from date of issue or until the quantity approved for import is brought in, whichever comes first.

48

Is there any penalty for the non-utilization of a licence or a portion of a licence?

No.

49

Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?

No.

Foreign Exchange

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Is foreign exchange automatically provided by the banking authorities for goods to be imported?

Not applicable.

51

Is a licence required as a condition to obtaining foreign exchange?

Not applicable.

52

Is foreign exchange always available to cover licences issued?

Not applicable.

53

What formalities must be fulfilled for obtaining the foreign exchange?

Not applicable.