If you have issues viewing or accessing this file contact us at NCJRS.gov. .. -~~' .. ,., rr llfi055 U.S. Department of Justice National Institute of Justice This document has been reproduced exactly as received from the person or organization originating it. Points of view or opinions stated in this document are those of the authors and do not necessarily represent the official position or policies of the National I nstitute of Justice. ··/i;, . Permission to reproduce this COP.XsiOOIed material has been '. ""- ~ . granted by' • Vl Public Domaln u.s. Department of the ~asury ~~JJ A .. to the National Criminal Justice Reference Service (NCJRS). Further reproduction outside of the NCJRS system requires permis­ sion of the G9p~t owner. (Your Guide To) FEDERAL FIREARMS REGULATION TABLE OF CONTENTS NOTE: Any reference to the Internal Revenue Code of 1954 within this document refers to the Internal Revenue Code of 1986. [§2, Public Law 99-514, 100 Stat. 2085, October 22, 1986.] 1. LAW o The Gun Control Act of 1968, Titles I and II, Public Law No. 90-618, 82 Stat. 1213, October 22, 1968, as amended by: - Public Law No. 99-308, 100 Stat. 449, Approved May 19, 1986; - Public Law No. 99-360, 100 Stat. 766, Approved July 8, 1986; - Public Law No. 99-408, 100 Stat. 920, Approved August 28, 1986; and, - Public Law No. 99-570, 100 Stat. 3207, Approved October 27, 1986. o The Arms Export Control Act of 1976, Sec. 38, Public Law 94-239, as amended, 90 Stat. 744, June 30, 1976. 2. REGULATIONS o Part 178 of Title 27, Code of Federal Regulations. o Part 179 of Title 27, Code of Federal Regulations. o Part 47 of Title 27, Code of Federal Regulations. 3. GENERAL INFORMATION e Rulings, Procedures, and Industry Circulars. () Questions and Answers. [Please consult another of our publications, "State Laws and Published Ordinances - Firearms," ATF Publication 5300.5, for LOCAL requirements pertaining to firearms transactions.] Editorial Information The editor of this publication is ATF Specialist Gary Caplan of the Firearms and Explosives Operation Branch, Compliance Operations, who is responsible for the various notes and digests contained herein. Materials, advice and information for future editions may be addressed te;: Bureau of Alcohol, Tobacco and Firearms Firearms and Explosives Operations Branch, Room 7205 Washington, DC 2022t). , ...... '(202) 566.,7591; • 'c' . e:rJ" '·1 ~ ...... \ NCJRS ~., 1 For sale by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402 FEDERAL fiREARMS LAVVS ADIVUNISTERED BY THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS GUN CONTROL ACT OF 1968 PUBLIC LAW 90-618 ApPROVED OCTOBER 22, 1968 82 STAT. 1213 TITLE I. STATE FIREARMS CONTROL ASSISTANCE: TITLE 'IB, UNITED STATES CODE, CHAPTER 44, SECTIONS 921 • 929 [TItle IV of the Omnibus Crime Control and Safe Streets Act of 1968, as amended.] TITLE II. MACHINEGUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER FIREARMS: TITLE 26, UNITED STATES CODE, CHAPTER 53, SECTIONS 5B01 • 5B72 [National Firearms Act of 1934, as amended.] (INTERNAL REVENUE CODE OF 1954, CHAPTER 53; redesignated as the INTERNAL REVENUE CODE OF 1986 In Section 2 of the Tax Reform Act of 1986.) TITLE III. AMENDMENTS TO TITLE VII OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968. [REPEALED.] OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968 PUBLIC LAW 90-351 Approved JU\'le 19, 1968 82 Stat. 225 TITLE IV. (AMENDED BY TITLE I OF THE GUN CONTROL ACT OF 1968) TITLE VII. UNLAWFUL POSSESSION OR RECEIPT OF FIREARMS: TITLE 1B, UNITED STATES CODE, ApPENDIX, SEC. 1201 - 1203 [As AMENDED BY TITLE III OF THE GUN CONTROL ACT OF 196B.] [REPEALED.] ARMS EXPORT CONTROL. ACT OF 1976, As AMENDED PUBLIC LAW 94-239, As AMENDED Approved June 30, 1976 90 Stat. 744 SEC. 38. CONTROL OF ARMS EXPORTS AND IMPORTS: TITLE 22, UNITED STATES CODE, SECTION 2778 (SECTION 414 OF THE MUTUAL SECURITY ACT OF 1954, 22 U.S.C. 1934, REPEALED.) OTHER FEDERAL fiREARMS lAWS NOT ADMINISTERED BY THE BURIEAU Of ALCOHOL, TOBACCO AND FIREARMS , •• ' '18 U.~.C ••1715 (POSTAL SERVICE) 26 U.S.C. 418'1, '4182 (INTERNAL REVENUE SERVICE) 2 FEDERAL FIREARMS LAWS TITLE I OF THE GUN CONTROL ACT OF 1968 As Amended By: Public Law No. 99-308, 100 Stat. 449, Approved May 19, 1986; Public Law No. 99-360, 100 Stat. 766, Approved July 8, 1986; Public Law No. 99-408, 100 Stat. 920, Approved August 28, 1986; and, Public Law No. 99-570, 100 Stat. 3207, Approved October 27, 1986. [References to the Internal Revenue Code of 1954 within this Act or amendments thereto refer to the Internal Revenue Code of 1986. (Sec 2, Public Law 99-514, 100 Stat. 2085, October 22, 1986.)] Public Law 90-618 CHAPTER 44-FIREARMS (i) bomb, AN ACT To amend lille 16, Uniled Slates Code, to provide (iI) grenade, for better control of the interstale traffic In firearms. Sec. 921. Definitions. (iii) rocket having a propellant Be It enacted by the Senate and House of charge of more than four ounces, 922. Unlawful acts. Representallves of the United States of America In (Iv) missile having an explosive or Congress assembled, That this Act may be cited as the 923. Licensing. "Gun Control Act 01 1968". 924. Penalties. incendiary charge of more than one­ quarter ounce, 925. Exceptions: Relief from disabilities. TITLE I-51ATE 926. Rules and regulations. (v) mine, or FIREARMS CONTROL 926A. Interstate transportation of firearms. (vi) device similar to any of the ASSISTANCE 927. Effect on State law. devices described in the preceding 928. Separability clause. clauses; PURPOSE 929. Use of restricted ammunition. (8) any type of weapon (other than a § 921. Definitions shotgun or a shotgun shell which the SEC. 101. The Congress hereby declares Secretary finds is generally recognized as (a) As used in this chapter- that the purpose of this title is to provide particularly suitable for sporting purposes) (1) The term "person" and the term support to Federal, State, and local law by whatever name known which will, or "whoever" include any i:1dividual, corpora­ which may be readily converted to, expel enforcement officials in their fight against tion, company, association, firm, partnership, a projectile by the action of an explosive crime and violence, and it is not the purpose society, or jOint stock company. or other propellant, and which has any of this title to place any undue or unnecessary (2) The term "interstate or foreign barrel with a bore of more than one-half Federal restrictions or burdens on law-abiding commerce" includes commerce between inch in diameter; and citizens with respect to the acquisition, pos­ any place in a State and any place outside of CC) any combination of parts either that State, or within any possession of the session, or use of firearms appropriate to the designed or intended for use in converting United States (not including the Canal Zone) purpose of hunting, trapshooting, target any device into any destructive device or the Distnct of Columbia, but such term described in subparagraph (A) or (8) and shooting, persona! protection, or any other does not include commerce between places from which a destructive device may be lawful activity, and that this title is not intend­ within the same State but through any place readily assembled. outside of that State. The term "State" ed to discourage or eliminate the private The term "destructive device" shall not includes the District of Columbia, the Com­ ownership or use of firearms by law-abiding include any device which is neither designed monwealth of Puerto Rico, and the posses­ citizens for lawful purposes, or provide for the nor redesigned for use as a weapon; any sions of the United States (not including the device, although originally designed for use imposition by Federal regulations of any pro­ Canal Zone), cedures or requirements other than those as a weapon, which is redesigned for use as (3) The term "firearm" means a signaling, pyrotechnic, line throwing, safety, reasonably necessary to implement and ef­ (Al any weapon (including a starter or similar device; surplus ordnance sold, fectuate the provisions of this title. gun) Which will or is designed to or may loaned, or given by the SecretalY of the Army • • readily be converted to expel a projectile pursuant to the provisions of section 4684(2), by the action of an explosive; 4685, or 4686 of title 10; or any other device Public Law 99-308 (B) the frame or receiver of any such which the Secretary of the Treasury finds is An Acl 10 amend chapler 44 (relaling 10 firearms) of litle 18, weapon; not likely to be used as a weapon, is an United States Code. and for other purposes. antique, or is a rifle which the owner intends (C) any firearm muffler or firearm si­ to use solely for sporting, recreational or Be It enacted by the Senate and House of Representatives lencer; or of the United States of America in Congress assembled. cultural purposes. (D) dny destructive device. Such term (5) The term "shotgun" means a weap­ SECTIOl\l 1. SHORT TITLE AND does not include an antique firearm. CONGRESSIONAL FINDINGS. on designed or redesigned, made or remade, (4) The term "destructive device" and intended to be fired from the shoulder (a) SHORT TITLE.- This Act may be cited means- and designed or redesigned and made or as the "Fir~arms Owners' Protection Act". CA) any explosive, incendiary, or poi­ remade to use the energy of the explosive in * son gas- a fixed shotgun shell to fire through a smooth 3 bore either a number of ball shot or a single (16) The term "antique firearm" person has been pardoned or has had civil projectile for each single pull of the trigger.