Firearms and ammunition
- Document symbol
- G/LIC/N/3/USA/21
- Original language
- English
- Published on
- 16/10/2024
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
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.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
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.
Q3. The system applies to goods originating in and coming from which countries?
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 or imports@atf.gov).
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
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 shall 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.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
The GCA statute and regulations are in 18 U.S.C., Chapter 44 and 27 CFR Part 478, respectively. Licensing is statutorily mandated and cannot be abolished without legislative action. Likewise, firearms are defined in the statute.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
A Federal firearms license is required for those engaged in the business of importing firearms and ammunition and is issued within 60 days after receipt of a properly completed application. Any person who wishes to permanently import a firearm, firearm barrel, or ammunition 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.
Q7.b. Can a licence be granted immediately on request?
No. A license cannot be granted immediately on request.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
No.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Yes, the application is considered by a single administrative organ (ATF).
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
No additional circumstances apply. The reasons for any refusal are given to the applicant in writing. In the event of refusal to issue a license, administrative appeal may be made to the Director of the ATF by requesting a hearing, further to United States District Court, if desired, by filing a petition for review within 60 days of the denial or revocation of license. Refer to 18 U.S.C.§ 923 for a detailed description of the process.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
All persons, firms, and institutions are eligible to apply for licenses.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
Applications: The ATF Form 7 is the application for a Federal firearms license, which is required for persons engaged in the business of importing firearms. Applicants must provide a wide range of information, including their place of business, the license requested, relevant demographic data, a photograph, and to provide answers to mandated questions. 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).
Q11. What documents are required upon actual importation?
Proof to United States Customs and Border Protection of permit status furnished by the importer or its 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).
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
Yes. US$150 ($50 per year) for importers of firearms other than destructive devices or ammunition for firearms other than destructive devices, or ammunition other than armour piercing ammunition. US$3,000.00 ($1,000 per year) for importers of destructive devices, ammunition for destructive devices, or armor piercing ammunition. These licenses are renewed every three years. Special occupational tax fees apply for NFA firearms. See also AECA registration fees (discussed in the below section, V(A)2).
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
No.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
A Federal Firearms License is valid for three years from date of issuance unless revoked. Import Permit: two years from date of issue or until quantity approved for import is brought in, whichever comes first. The validity of a Federal Firearms License can be extended by renewal application for license.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
No.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
No.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No.