Editorial Note on Part 478
Editorial Note: Nomenclature changes to part 478 appear by T.D. ATF-411, 64 FR 17291, Apr. 9, 1999, T.D. ATF-487, 68 FR 3750, Jan. 24, 2003, and ATF-11F, 73 FR 57240, Oct. 2, 2008.

§ 478.32 Prohibited shipment, transportation, possession, purchase, or receipt of firearms and ammunition by certain persons. ( a ) No person may ship or transport any firearm or ammunition in interstate or foreign commerce, or receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce, or possess any firearm or ammunition in or affecting commerce, who: ( 1 ) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year,
( 2 ) Is a fugitive from justice,
( 3 ) Is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act, 21 U.S.C. 802),
( 4 ) Has been adjudicated as a mental defective or has been committed to a mental institution,
( 5 ) Being an alien— ( i ) Is illegally or unlawfully in the United States; or
( ii ) Except as provided in paragraph (f) of this section, has been admitted to the United States under a nonimmigrant visa: *Provided,* That the provisions of this paragraph (a)(5)(ii) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that alien is— ( A ) Admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States;
( B ) An official representative of a foreign government who is either accredited to the United States Government or the Government's mission to an international organization having its headquarters in the United States or is en route to or from another country to which that alien is accredited. This exception only applies if the firearm or ammunition is shipped, transported, possessed, or received in the representative's official capacity;
( C ) An official of a foreign government or a distinguished foreign visitor who has been so designated by the Department of State. This exception only applies if the firearm or ammunition is shipped, transported, possessed, or received in the official's or visitor's official capacity, except if the visitor is a private individual who does not have an official capacity; or
( D ) A foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business,
( 6 ) Has been discharged from the Armed Forces under dishonorable conditions,
( 7 ) Having been a citizen of the United States, has renounced citizenship,
( 8 ) Is subject to a court order that— ( i ) Was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
( ii ) Restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
( iii ) ( A ) Includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
( B ) By its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury, or
( 9 ) Has been convicted of a misdemeanor crime of domestic violence.
( b ) No person who is under indictment for a crime punishable by imprisonment for a term exceeding one year may ship or transport any firearm or ammunition in interstate or foreign commerce or receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
( c ) Any individual, who to that individual's knowledge and while being employed by any person described in paragraph (a) of this section, may not in the course of such employment receive, possess, or transport any firearm or ammunition in commerce or affecting commerce or receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
( d ) No person may sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person, including as a juvenile: ( 1 ) Is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding 1 year;
( 2 ) Is a fugitive from justice;
( 3 ) Is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act, 21 U.S.C. 802);
( 4 ) Has been adjudicated as a mental defective or has been committed to a mental institution at 16 years of age or older;
( 5 ) Being an alien— ( i ) Is illegally or unlawfully in the United States; or
( ii ) Except as provided in paragraph (f) of this section, has been admitted to the United States under a nonimmigrant visa: *Provided,* That the provisions of this paragraph (d)(5)(ii) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that alien is— ( A ) Admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States;
( B ) An official representative of a foreign government who is either accredited to the United States Government or the Government's mission to an international organization having its headquarters in the United States or en route to or from another country to which that alien is accredited. This exception only applies if the firearm or ammunition is shipped, transported, possessed, or received in the representative's official capacity;
( C ) An official of a foreign government or a distinguished foreign visitor who has been so designated by the Department of State. This exception only applies if the firearm or ammunition is shipped, transported, possessed, or received in the official's or visitor's official capacity, except if the visitor is a private individual who does not have an official capacity; or
( D ) A foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business;
( 6 ) Has been discharged from the Armed Forces under dishonorable conditions;
( 7 ) Having been a citizen of the United States, has renounced citizenship;
( 8 ) Is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child: *Provided,* That the provisions of this paragraph shall only apply to a court order that— ( i ) Was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and
( ii ) ( A ) Includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
( B ) By its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury;
( 9 ) Has been convicted of a misdemeanor crime of domestic violence;
( 10 ) Intends to sell or otherwise dispose of the firearm or ammunition in furtherance of a felony, a Federal crime of terrorism, or a drug trafficking offense; or
( 11 ) Intends to sell or otherwise dispose of the firearm or ammunition to a person described in any of paragraphs (d)(1) through (10) of this section.
( e ) The actual notice required by paragraphs (a)(8)(i) and (d)(8)(i) of this section is notice expressly and actually given, and brought home to the party directly, including service of process personally served on the party and service by mail. Actual notice also includes proof of facts and circumstances that raise the inference that the party received notice including, but not limited to, proof that notice was left at the party's dwelling house or usual place of abode with some person of suitable age and discretion residing therein; or proof that the party signed a return receipt for a hearing notice which had been mailed to the party. It does not include notice published in a newspaper.
( f ) Pursuant to 18 U.S.C. 922(y)(3), any individual who has been admitted to the United States under a nonimmigrant visa may receive a waiver from the prohibition contained in paragraph (a)(5)(ii) of this section if the Attorney General approves a petition for the waiver.
( g ) No person may knowingly purchase or conspire to purchase any firearm in or otherwise affecting interstate or foreign commerce for, or on behalf of, or at the request or demand of any other person, knowing or having reasonable cause to believe that such other person: ( 1 ) Meets the criteria of 1 or more subsections of 18 U.S.C. 922(d);
( 2 ) Intends to use, carry, possess, or sell or otherwise dispose of the firearm in furtherance of a felony, a Federal crime of terrorism, or a drug trafficking crime; or
( 3 ) Intends to sell or otherwise dispose of the firearm to a person described in paragraph (g)(1) or (2) of this section.
( h ) No person may: ( 1 ) Ship, transport, transfer, cause to be transported, or otherwise dispose of, any firearm to another person in or otherwise affecting interstate or foreign commerce, knowing or having reasonable cause to believe that it would constitute a felony for the recipient to use, carry, or possess a firearm;
( 2 ) Receive from another person any firearm in or otherwise affecting interstate or foreign commerce if the recipient knows or has reasonable cause to believe that receiving the firearm would constitute a felony; or
( 3 ) Attempt or conspire to commit the conduct described in paragraph (h)(1) or (2) of this section.
[T.D. ATF-270, 53 FR 10493, Mar. 31, 1988, as amended by T.D. ATF-363, 60 FR 17451, Apr. 6, 1995; T.D. ATF-391, 62 FR 34639, June 27, 1997; T.D. ATF-401, 63 FR 35522, June 30, 1998; T.D. ATF-471, 67 FR 5425, Feb. 5, 2002; ATF-24F, 77 FR 33629, June 7, 2012; ATF 2022R-09, 89 FR 28631, Apr. 19, 2024]