Firearms and ammunition

The Bureau of Alcohol, Tobacco, Firearms and Explosives (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 (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 (discussed in the below section, V(A)2) through a system of 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 weapons which include machine guns, silencers, and destructive devices.

See reply to question 1. Under the GCA at 18 U.S.C. § 921(a)(3), "firearm" means (a) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (b) the frame or receiver of any such weapon; (c) any firearm muffler or firearm silencer; or (d) any destructive device (refer to 18 U.S.C. § 921(a)(4) for the GCA definition of a destructive device and to § 921(a)(24) for the GCA definition of a firearm silencer). The term "firearm" does not include an antique firearm (defined in 18 U.S.C.
§ 921(a)(16)). The GCA also provides definitions for other relevant product terms including but not limited to "shotgun" and "rifle." Under the GCA at 18 U.S.C. § 921(a)(23), "machinegun" is based on the definition of "machinegun" in the NFA which provides, in part, that a machinegun is any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger (refer to 26 U.S.C. § 5845(b) for the complete definition of "machinegun"). The NFA also provides definitions for other relevant product terms such as "any other weapon." A complete list of relevant definitions can be found in the GCA in 18 U.S.C. § 921 and in the NFA in 26 U.S.C. § 5845.

No. Generally, the GCA licensing system prevents the granting of licenses to persons falling within statutorily determined prohibited categories. Except as provided in 18 U.S.C. § 925(d), it is generally unlawful for any person knowingly to import any firearm or ammunition. Import permits may be granted pursuant to the exceptions outlined in 18 U.S.C. § 925(d), which include imports for scientific or research purposes, imports of firearms that are generally recognized as particularly suitable for or readily adaptable to sporting purposes, excluding surplus military firearms, and other exceptions. In addition, Federal, State, and local governments in the United States may generally import firearms and ammunition that otherwise would be prohibited from importation, such as nonsporting firearms and ammunition, NFA firearms, and surplus military firearms. No alternative methods have been considered.

Not applicable.

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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