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Subchapter B—Firearms and Ammunition

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Subchapter B—Firearms and Ammunition SUBCHAPTER A [RESERVED] SUBCHAPTER B—FIREARMS AND AMMUNITION PARTS 400–446 [RESERVED] Subpart G—Penalties, Seizures and Forfeitures PART 447—IMPORTATION OF 447.61 Unlawful importation. ARMS, AMMUNITION AND IMPLE- 447.62 False statements or concealment of facts. MENTS OF WAR 447.63 Seizure and forfeiture. Subpart A—Scope AUTHORITY: 22 U.S.C. 2778. SOURCE: T.D. ATF–8, 39 FR 3251, Jan. 25, Sec. 1974, unless otherwise noted. Redesignated 447.1 General. by T.D. ATF–487, 68 FR 3747, Jan. 24, 2003. 447.2 Relation to other laws and regula- tions. EDITORIAL NOTE: Nomenclature changes to part 447 appear at 68 FR 3748, Jan. 24, 2003. Subpart B—Definitions Subpart A—Scope 447.11 Meaning of terms. § 447.1 General. Subpart C—The U.S. Munitions Import List The regulations in this part relate to 447.21 The U.S. Munitions Import List. that portion of Section 38, Arms Ex- 447.22 Forgings, castings, and machined port Control Act of 1976, as amended, bodies. which is concerned with the importa- tion of arms, ammunition and imple- Subpart D—Registration ments of war. This part contains the 447.31 Registration requirement. U.S. Munitions Import List and in- 447.32 Application for registration and re- cludes procedural and administrative fund of fee. requirements and provisions relating 447.33 Notification of changes in informa- to registration of importers, permits, tion furnished by registrants. articles in transit, import certifi- 447.34 Maintenance of records by persons re- cation, delivery verification, import re- quired to register as importers of Import strictions applicable to certain coun- List articles. tries, exemptions, U.S. military fire- 447.35 Forms prescribed. arms or ammunition, penalties, sei- Subpart E—Permits zures, and forfeitures. All designations and changes in designation of articles 447.41 Permit requirement. subject to import control under Sec- 447.42 Application for permit. tion 414 of the Mutual Security Act of 447.43 Terms of permit. 1954, as amended, have the concurrence 447.44 Permit denial, revocation or suspen- of the Secretary of State and the Sec- sion. retary of Defense. 447.45 Importation. 447.46 Articles in transit. [T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, as amended by T.D. ATF–215, 50 FR 42158, Oct. Subpart F—Miscellaneous Provisions 18, 1985] 447.51 Import certification and delivery § 447.2 Relation to other laws and reg- verification. ulations. 447.52 Import restrictions applicable to cer- (a) All of those items on the U.S. Mu- tain countries. nitions Import List (see § 447.21) which 447.53 Exemptions. are ‘‘firearms’’ or ‘‘ammunition’’ as de- 447.54 Administrative procedures inappli- cable. fined in 18 U.S.C. 921(a) are subject to 447.55 Departments of State and Defense the interstate and foreign commerce consulted. controls contained in Chapter 44 of 447.56 Authority of Customs officers. Title 18 U.S.C. and 27 CFR Part 478 and 447.57 U.S. military defense articles. if they are ‘‘firearms’’ within the defi- 447.58 Delegations of the Director. nition set out in 26 U.S.C. 5845(a) are 5 VerDate Aug<31>2005 07:43 May 02, 2006 Jkt 208104 PO 00000 Frm 00015 Fmt 8010 Sfmt 8010 Y:\SGML\208104.XXX 208104 § 447.11 27 CFR Ch. II (4–1–06 Edition) also subject to the provisions of 27 CFR plural form shall include the singular, Part 479. Any person engaged in the and vice versa, and words imparting business of importing firearms or am- the masculine gender shall include the munition as defined in 18 U.S.C. 921(a) feminine. The terms ‘‘includes’’ and must obtain a license under the provi- ‘‘including’’ do not exclude other sions of 27 CFR Part 478, and if he im- things not enumerated which are in the ports firearms which fall within the same general class or are otherwise definition of 26 U.S.C. 5845(a) must also within the scope thereof. register and pay special tax pursuant Appropriate ATF officer. An officer or to the provisions of 27 CFR Part 479. employee of the Bureau of Alcohol, To- Such licensing, registration and special bacco and Firearms (ATF) specified by tax requirements are in addition to ATF Order 1130.34, Delegation of the registration under subpart D of this Director’s Authorities in 27 CFR Part part. 447, Importation of Arms, Ammunition (b) The permit procedures of subpart E of this part are applicable to all im- and Implements of War. portations of articles on the U.S. Muni- Article. Any of the arms, ammuni- tions Import List not subject to con- tion, and implements of war enumer- trols under 27 CFR Part 478 or 479. U.S. ated in the U.S. Munitions Import List. Munitions Import List articles subject Bureau. Bureau of Alcohol, Tobacco to controls under 27 CFR Part 478 or 27 and Firearms, the Department of the CFR Part 479 are subject to the import Treasury. permit procedures of those regulations Carbine. A short-barrelled rifle whose if imported into the United States barrel is generally not longer than 22 (within the meaning of 27 CFR Parts inches and is characterized by light 478 and 479). weight. (c) Articles on the U.S. Munitions CFR. The Code of Federal Regula- Import List imported for the United tions. States or any State or political sub- Chemical agent. A substance useful in division thereof are exempt from the war which, by its ordinary and direct import controls of 27 CFR Part 478 but chemical action, produces a powerful are not exempt from control under Sec- physiological effect. tion 38, Arms Export Control Act of 1976, unless imported by the United Defense articles. Any item designated States or any agency thereof. All such in § 447.21 or § 447.22. This term includes importations not imported by the models, mockups, and other such items United States or any agency thereof which reveal technical data directly re- shall be subject to the import permit lating to § 447.21 or § 447.22. For pur- procedures of subpart E of this part. poses of Category XXII, any item enu- (d) For provisions requiring the reg- merated on the U.S. Munitions List (22 istration of persons engaged in the CFR Part 121). business of brokering activities with Defense services. (a) The furnishing of respect to the importation of any de- assistance, including training, to for- fense article or defense service, see De- eign persons in the design, engineering, partment of State regulations in 22 development, production, processing, CFR part 129. manufacture, use, operation, overhaul, repair, maintenance, modification, or [T.D. ATF–215, 50 FR 42158, Oct. 18, 1985, as amended by T.D. ATF–426, 65 FR 38197, June reconstruction of defense articles, 20, 2000] whether in the United States or abroad; or Subpart B—Definitions (b) The furnishing to foreign persons of any technical data, whether in the § 447.11 Meaning of terms. United States or abroad. When used in this part and in forms Director. The Director, Bureau of Al- prescribed under this part, where not cohol, Tobacco and Firearms, the De- otherwise distinctly expressed or mani- partment of the Treasury, Washington, festly incompatible with the intent DC 20226. thereof, terms shall have the meanings Executed under the penalties of perjury. ascribed in this section. Words in the Signed with the prescribed declaration 6 VerDate Aug<31>2005 07:43 May 02, 2006 Jkt 208104 PO 00000 Frm 00016 Fmt 8010 Sfmt 8010 Y:\SGML\208104.XXX 208104 Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice § 447.21 under the penalties of perjury as pro- Sporting type sight including optical. A vided on or with respect to the applica- telescopic sight suitable for daylight tion, form, or other document or, use on a rifle, shotgun, pistol, or re- where no form of declaration is pre- volver for hunting or target shooting. scribed, with the declaration: ‘‘I de- This chapter. Title 27, Code of Federal clare under the penalties of perjury Regulations, Chapter II (27 CFR Chap- that this llllll (insert type of ter II). document such as statement, certifi- United States. When used in the geo- cate, application, or other document), graphical sense, includes the several including the documents submitted in States, the Commonwealth of Puerto support thereof, has been examined by Rico, the insular possessions of the me and, to best of my knowledge and United States, the District of Colum- belief, is true, correct, and complete.’’ bia, and any territory over which the Firearms. A weapon, and all compo- United States exercises any powers of nents and parts therefor, not over .50 administration, legislation, and juris- caliber which will or is designed to or diction. may be readily converted to expel a (26 U.S.C. 7805 (68A Stat. 917), 27 U.S.C. 205 (49 projectile by the action of an explosive, Stat. 981 as amended), 18 U.S.C. 926 (82 Stat. but shall not include BB and pellet 959), and sec. 38, Arms Export Control Act (22 guns, and muzzle loading (black pow- U.S.C. 2778, 90 Stat. 744)) der) firearms (including any firearm [T.D. ATF–48, 43 FR 13535, Mar. 31, 1978; 44 with a matchlock, flintlock, percussion FR 55840, Sept. 28, 1979, as amended by T.D. cap, or similar type of ignition system) ATF–202, 50 FR 14382, Apr. 12, 1985; T.D. ATF– or firearms covered by Category I(a) 215, 50 FR 42158, Oct. 18, 1985; T.D. ATF–484, established to have been manufactured 67 FR 64526, Oct.
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