weapon to operate automatically. registered importers to generate or- tached to the application to import. Thus, this simple modification to the ders for such firearms from law en- The mere statement that an NFA trip lever (disconnector), together with forcement agencies. firearm is being imported as a sales STEN submachinegun design fea- sample for demonstration to law en- tures and components in the YAC A review of the characteristics of forcement agencies does not meet STEN MK II carbine, permits the fire- the NFA firearms approved for impor- the required burden of proof and is arm to shoot automatically, more than tation as sales samples indicates that not a detailed explanation of why the one shot, without manual reloading by some of the firearms are not being importation falls within the import a single function of the trigger. The imported for the purposes contem- standards. above combination of machinegun plated by the statute. Some of the design features as employed in the NFA firearms imported are, in fact, Held, an application to import a YAC STEN MK II carbine are not curios or relics and are more suitable National Firearms Act firearm as a normally found in the typical sporting for use as collector's items than law sample in connection with sales of firearm. enforcement weapons. such firearms to law enforcement agencies will not be approved if the The National Firearms Act, 26 Importations of NFA firearms are firearm is determined to be a curio or U.S.C. 5845(b), defines a machine- permitted by 26 U.S.C. 5844, which relic unless it is established by spe- gun to include any weapon which provides in pertinent part: cific information that the firearm is shoots, is designed to shoot, or can particularly suitable for use as a law be readily restored to shoot, auto- "No firearms shall be imported or enforcement weapon. For example, matically more than one shot, without brought into the United States or any the importer must provide detailed manual reloading, by a single function territory under its control or jurisdic- information as to why a sales sample of the trigger. tion unless the importer establishes, of a particular weapon is suitable for under regulations as may be pre- law enforcement purposes and the The "shoots automatically" defini- scribed by the Secretary, that the expected customers who would re- tion covers weapons that will function firearm to be imported or brought in quire a demonstration of the weapon. automatically. The "readily restor- is: Information as to the availability of able" definition defines weapons firearms to fill subsequent orders which previously could shoot auto- (1) being imported or brought in would help meet the burden of estab- matically but will not in their present for the use of the United States or lishing use as a sales sample. Also, condition. The "designed" definition any department, independent es- letters from law enforcement agencies includes weapons which have not tablishment, or agency thereof or expressing a need for a particular previously functioned as machine- any State or possession or any po- model or interest in seeing a demon- guns but possess specific machine- litical subdivision thereof; or stration of a particular firearm would gun design features which facilitate be relevant. automatic fire by simple alteration or *** (2) [ATFB 85-2 62] elimination of existing component parts. being imported or brought in (3) Editor's Note: solely for ... use as a sample by a Held: The YAC STEN MK II car- registered importer or registered The importation of machineguns bine is designed to shoot automati- dealer; for use as sales samples must also meet cally more than one shot, without the requirements of 27 CFR 179.105(d). manual reloading, by a single function except that, the Secretary may permit of the trigger. Consequently, the the conditional importation or bringing 27 CFR 178.118: IMPORTATION OF STEN MK II semiautomatic carbine is in of a firearm for examination and CERTAIN FIREARMS CLASSIFIED a machinegun as defined in Section testing in connection with classifying AS CURIOS OR RELICS 5845(b) of the Act. the firearm." (Also 178.11 and 178.26) [ATFB 1983-3 35] The sole purpose of the statute Surplus military firearms frames or permitting the importation of NFA receivers alone not specifically classified as curios or relics by 27 CFR 179.111: IMPORTATION firearms as sales samples is to permit ATF will be denied importation. PROCEDURE registered importers to generate or- ders for firearms from government ATF Rul. 85-10 A National Firearms Act (NFA) fire- entities, primarily law enforcement arm may not be imported for use agencies, on the basis of the sample. Section 233 of the Trade and Tariff as a sample for sales to law en- Act of 1984, 98 Stat. 2991, amended forcement agencies if the firearm is The implementing regulation, 27 Title 18, United States Code, section a curio or relic unless it is estab- CFR Section 179.111, provides that 925 to allow licensed importers to lished that the firearm is particu- the person importing or bringing a import firearms listed by the Secretary larly suitable for use as a law firearm into the United States or any as curios or relics, excluding hand- enforcement weapon. territory under its control or jurisdic- guns not generally recognized as tion has the burden of proof to af- particularly suitable for or readily ATF Rul. 85-2 firmatively establish that the firearm is adaptable to sporting purposes. The being imported or brought in for one amendment had the effect of allowing The Bureau of Alcohol, Tobacco of the authorized purposes. In addi- the importation of surplus military and Firearms has approved a number tion, a detailed explanation of why the curio or relic firearms that were previ- of applications to import National Fire- importation falls within one of the ously prohibited from importation by arms Act (NFA) firearms for the use of authorized purposes must be at- 18 U.S.C. section 925(d)(3). 129.