17446 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations

fourth sentence that begins with

‘‘Amounts generated by activities

financed with loans’’, and by adding in

its place a comma and a phrase to the

end of the fourth sentence; and

b. Amending paragraph (c) by

removing the period from the end of the

second sentence that begins with ‘‘The

term excludes’’, and by adding in its

place a comma and a phrase to the end

of the second sentence, to read as

follows:

§ 570.500 Definitions.

(a) * * *

(4) * * *

(ii) * * * , except that the use of such

funds shall be limited to activities that

are located in a revitalization strategy

area and implement a HUD approved

area revitalization strategy pursuant to

§ 91.215(e) of this title. * * *

* * * * *

(c) * * * , unless the grantee

explicitly designates it as a subrecipient.

* * *

Dated: March 30, 1995.

Andrew M. Cuomo,

Assistant Secretary for Community Planning

and Development.

[FR Doc. 95–8439 Filed 4–5–95; 8:45 am]

BILLING CODE 4210–29–P

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and

Firearms

27 CFR Parts 55, 72, 178, and 179

[T.D. ATF–363; 94F–022P]

RIN 1512–AB35

Implementation of Public Law 103–322,

the Violent Crime Control and Law

Enforcement Act of 1994

AGENCY: Bureau of Alcohol, Tobacco

and Firearms (ATF), Department of the

Treasury.

ACTION: Temporary rule (Treasury

decision).

SUMMARY: This temporary rule

implements the provisions of Public

Law 103–322, the Violent Crime Control

and Law Enforcement Act of 1994.

These regulations implement the law by

restricting the manufacture, transfer,

and possession of certain semiautomatic

assault weapons and large capacity

ammunition feeding devices.

Regulations are also prescribed with

regard to reports of theft or loss of

firearms from a licensee’s inventory or

collection, new requirements for Federal

firearms licensing, responses by

firearms licensees to requests for gun

trace information, and possession of

firearms by persons subject to

restraining orders. The temporary rule

will remain in effect until superseded

by final regulations.

In the Proposed Rules section of this

Federal Register, ATF is also issuing a

notice of proposed rulemaking inviting

comments on the temporary rule for a

90-day period following the publication

date of this temporary rule.

EFFECTIVE DATES: The temporary

regulations are effective on April 6,

1995, except for the provisions in

§ 178.92 (a)(2), (c)(i)(ii)(B) and (c)(i)(iii),

which will be effective on July 5, 1995.

ADDRESSES: Send written comments to:

Chief, Regulations Branch; Bureau of

Alcohol, Tobacco and Firearms;

Washington, DC 20091–0221.

FOR FURTHER INFORMATION CONTACT:

James P. Ficaretta, Regulations Branch,

Bureau of Alcohol, Tobacco and

Firearms, 650 Massachusetts Avenue

NW., Washington, DC 20226 (202–927–

8230).

SUPPLEMENTARY INFORMATION:

Background

On September 13, 1994, Public Law

103–322 (108 Stat. 1796) was enacted,

amending the Gun Control Act of 1968

(GCA), as amended (18 U.S.C. Chapter

44), and Title XI of the Organized Crime

Control Act of 1970, as amended (18

U.S.C. Chapter 40). The provisions of

Public Law 103–322, the Violent Crime

Control and Law Enforcement Act of

1994 (hereafter, ‘‘the Act’’), became

effective upon the date of enactment.

Some of the new statutory provisions

and the regulation changes necessitated

by the law are as follows:

(1) Restriction on Manufacture,

Transfer, and Possession of Certain

Semiautomatic Assault Weapons. This

amendment to the GCA prohibits the

manufacture, transfer, and possession of

semiautomatic assault weapons, with

certain exceptions. The amendment

bans 19 weapons by name, as well as

any copies or duplicates of such

firearms, and semiautomatic rifles,

semiautomatic pistols, and

semiautomatic shotguns which have 2

or more of the features specified in the

law. The amendment ‘‘grandfathers’’ all

semiautomatic assault weapons lawfully

possessed on the date of enactment, i.e.,

September 13, 1994. Thus,

semiautomatic assault weapons held in

inventory by Federal firearms licensees

(FFLs) on that date can continue to be

possessed and transferred. Nonlicensed

individuals in lawful possession of such

weapons on the date of enactment may

also continue to possess and transfer the

weapons in accordance with applicable

Federal and State law. The law also

requires that the serial number of any

semiautomatic assault weapon

manufactured after September 13, 1994,

clearly show that the weapon was

manufactured after that date.

Rather than requiring manufacturers

and importers to specify the actual date

that such weapons were made, the

temporary regulations provide that

semiautomatic assault weapons

manufactured after September 13, 1994,

must be marked ‘‘RESTRICTED LAW

ENFORCEMENT/GOVERNMENT USE

ONLY.’’ This marking clearly provides

notice that these weapons may only be

lawfully possessed by government

agencies and law enforcement

personnel. As with other firearms,

variances from the marking

requirements may be requested. The

Director may authorize other means of

identification of the licensed

manufacturer or importer upon receipt

of a letter application, in duplicate,

showing that such other identification is

reasonable and will not hinder the

effective administration of the

regulations.

The temporary regulations permit

manufacturers and dealers in

semiautomatic assault weapons to

stockpile such weapons for future sales

to law enforcement agencies and law

enforcement officers. Manufacturers of

semiautomatic assault weapons,

manufactured after September 13, 1994,

will be permitted to transfer such

weapons to any FFL upon obtaining

evidence that the weapons will only be

disposed of to law enforcement agencies

and law enforcement officers. Examples

of acceptable evidence are provided in

the regulations. In the case of

semiautomatic assault weapons

imported after September 13, 1994, the

existing controls on the importation of

nonsporting weapons would continue to

be imposed on importers of

semiautomatic assault weapons. Thus,

applications to import such weapons

would be approved only if the importer

submits a purchase order from a

governmental entity.

The regulations will permit licensed

dealers to possess semiautomatic assault

weapons for sale to law enforcement

agencies and law enforcement officers

for official use. Dealers must retain

evidence that their inventory of

weapons is for sale to law enforcement

agencies and law enforcement officers.

Dealers are required to retain records of

disposition indicating that the weapons

were sold only to law enforcement

agencies and law enforcement officers.

When any licensed manufacturer,

importer, or dealer transfers a

semiautomatic assault weapon to a law
Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations 17447

enforcement officer, the regulations

require that the licensee obtain written

statements, under penalty of perjury,

from the purchasing officer and a

supervisory officer, stating that the

weapon is for use in official duties and

is not being acquired for resale. The

purpose of these statements is to

prevent the introduction of

semiautomatic assault weapons into

commercial channels.

(2) Ban of Large Capacity

Ammunition Feeding Devices. This

amendment to the GCA makes it

unlawful to transfer or possess large

capacity ammunition feeding devices.

Exceptions are provided for devices

lawfully possessed on the date of

enactment and devices manufactured

and sold to governmental entities. The

Act defines a large capacity ammunition

feeding device as a magazine, belt, feed

strip or similar device manufactured

after the date of enactment that has a

capacity of, or can be readily restored or

converted to accept more than 10

rounds of ammunition. The definition

does not include an attached tubular

device designed to accept and capable

of operating only with .22 caliber

rimfire ammunition. The regulations

also specifically exempt fixed

magazines for manually operated

firearms and firearms listed in the

Appendix to 18 U.S.C. 922 from the

definition of ‘‘large capacity

ammunition feeding device.’’ This

exemption is based on the fact that

manually operated firearms and

firearms listed in the Appendix are

specifically exempted from the

prohibitions applicable to

semiautomatic assault weapons. Unless

the assault weapon exemptions apply to

the fixed magazines for these weapons,

the Act would effectively ban firearms

expressly exempted from the assault

weapon provisions. Accordingly, ATF

interprets the definition of ‘‘large

capacity ammunition feeding device’’ as

being inapplicable to fixed magazines

for manually operated firearms and

firearms listed in the Appendix to 18

U.S.C. 922.

The law also provides that large

capacity ammunition feeding devices

manufactured after September 13, 1994,

shall be identified by a serial number

which clearly shows that the device was

manufactured or imported after that

date and such other markings as the

Director may prescribe. The temporary

regulations provide that a manufacturer

or importer may use the same serial

number for all large capacity

ammunition feeding devices produced

or imported. Prior to enactment of the

Act, ammunition feeding devices were

generally not marked with a serial

number. Thus, the fact that these

devices are marked with a serial number

indicates that they were produced or

imported after the effective date of the

ban. Additionally, domestically made

large capacity ammunition feeding

devices must be marked with the name

and address of the manufacturer, and

imported large capacity ammunition

feeding devices must be marked with

the name of the manufacturer, country

of origin, and the name and address of

the importer. Further, large capacity

ammunition feeding devices

manufactured or imported after

September 13, 1994, must be marked

‘‘RESTRICTED LAW ENFORCEMENT/

GOVERNMENT USE ONLY.’’ This

marking clearly provides notice that the

magazines may only be lawfully

possessed by government agencies and

law enforcement personnel. The

regulations also provide that

manufacturers and importers of metallic

links for use in the assembly of belted

ammunition are only required to place

the identification marks on the

containers used for the packaging of the

links. Finally, the regulations provide

that the Director may authorize other

means of identification of the

manufacturer or importer under certain

circumstances.

The regulations permit persons who

manufacture, import, and deal in large

capacity ammunition feeding devices to

stockpile such devices for future sales to

law enforcement agencies and law

enforcement officers for official use. The

regulations provide that possession and

transfer of such devices by these

persons will be presumed to be lawful

if such persons maintain evidence

establishing that the devices are

possessed and transferred for sale to law

enforcement agencies and law

enforcement officers.

(3) Firearms Licensure and

Registration to Require a Photograph

and Fingerprints. The Act amended the

GCA and the National Firearms Act

(NFA) to require individual applicants

for Federal firearms licenses and NFA

special (occupational) tax stamps to

provide a photograph and a set of

fingerprints along with the application.

Conforming changes to the regulations

have been made in §§ 178.44(a) and

179.34(e) to implement these

requirements.

(4) Compliance with State and Local

Law as a Condition to Licensure. The

Act amended the licensing standards of

the GCA to require that an applicant for

a Federal firearms license certify that

the firearms business to be conducted

under the license is not prohibited by

State and local law, and will in fact be

conducted in compliance with State and

local law. Further, the applicant must

certify that the chief law enforcement

officer (CLEO) of the locality in which

the premises are located has been

notified that the applicant intends to

apply for a Federal firearms license.

This provision has necessitated an

amendment of the existing regulations

regarding licensees who move their

business to a new location during the

term of an existing license. The

regulations require a licensee, 30 days

prior to such move, to file an

application for amended license with

the Chief, Firearms and Explosives

Licensing Center. The purpose of the

application is to ensure that the firearms

business at the new location will

comply with State and local law. The

application also requires applicants for

an amended license to notify the CLEO

in the locality where the new premises

are located of the intent to apply for an

amended license.

The regulations have also been

amended to require the certificate of

compliance with State and local law to

be executed upon license renewal. This

is necessary due to changes which may

have occurred in State and local law

during the 3 year term of the license.

(5) Action on Firearms License

Application. The Act amended the GCA

to extend the period allowed for ATF to

process Federal firearms license

applications from 45 to 60 days. Section

178.47 (c) and (d) of the regulations has

been amended to reflect this change.

(6) Inspection of Firearms Licensees’

Inventory and Records. The Act

amended section 923(g) of the GCA

relating to inspection of Federal

firearms licensees’ records and

inventory by ATF. Prior to amendment,

the inventory and records of a licensee

could only be examined once a year for

ensuring compliance with GCA

recordkeeping requirements. The

amendment retains the annual

inspection and also permits an FFL’s

records and inventory to be inspected or

examined at any time with respect to a

firearm involved in a criminal

investigation that is traced to the

licensee. Conforming changes have been

made to the regulations in § 178.23(b)(2)

to implement this requirement.

(7) Reports of Theft or Loss of

Firearms. The Act amends the GCA to

require FFLs to report any theft or loss

of firearms from the licensee’s inventory

or collection to ATF and to the

appropriate local authorities. The report

must be made, both orally and in

writing, within 48 hours after the theft

or loss is discovered. FFLs must also

retain a copy of the written report as

part of their permanent records for 5

years. Conforming changes have been
17448 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations

made to the regulations in §§ 178.39a

and 178.129(b) to implement this

requirement.

(8) Responses to Requests for

Information. The Act amends the GCA

to require FFLs to respond orally or in

writing, as the Director may require, to

firearms trace requests from ATF no

later than 24 hours after receipt of the

request. In addition, the law requires

that the Director implement a system

whereby the licensee can positively

identify and establish that an individual

requesting information via telephone is

employed and authorized by ATF to

request such information. The

regulations, § 178.25a, provide that the

requested information shall be given

orally to an ATF officer at the National

Tracing Center. Verification of the

identity and employment of National

Tracing Center personnel requesting

information may be established at the

time the requested information is

provided by telephoning the toll free

number 1–800–788–7132 or using the

toll free facsimile (FAX) number 1–800–

578–7223.

(9) Prohibition Against Disposal of

Firearms to, or Receipt of Firearms by,

Persons Who Are Subject to Restraining

Orders. The Act amends the GCA to

expand the list of persons who may not

lawfully receive or possess firearms to

include persons who are subject to a

court order that restrains such person

from harassing, stalking, or threatening

an ‘‘intimate partner’’ or child of such

intimate partner of the person. It is

unlawful for persons who are subject to

such orders to receive or possess

firearms and it is unlawful for any

person to sell or dispose of firearms to

such persons, knowing or having

reasonable cause to believe such

persons are subject to such an order.

The term ‘‘intimate partner’’ is defined

as a spouse, former spouse, an

individual who is a parent of a child of

the person or an individual who

cohabitates or has cohabitated with the

person. Conforming changes have been

made to the regulations in §§ 178.11,

178.32(a)(8), (d)(8), and 178.99(c)(8) to

implement this provision of the law.

(10) Possession of Explosives by

Felons and Others. The Act amends the

Federal explosives laws to make it

unlawful for felons and certain other

prohibited persons to possess

explosives. Prior to amendment, the law

prohibited shipment, transportation,

and receipt of explosives by prohibited

persons, but did not prohibit

possession. Conforming changes have

been made to the regulations in

§ 55.26(b) to implement this provision

of the law.

(11) Summary Destruction of

Explosives Subject to Forfeiture. The

Act amends the Federal explosives laws

to provide for the immediate destruction

of seized explosives materials by ATF

where it is impractical or unsafe to

remove or store the explosives. The

regulations incorporate by reference

ATF’s existing procedures for seizure

and forfeiture of property seized for

violation of the law.

(12) Prohibition Against Transactions

Involving Stolen Firearms or

Ammunition Which Have Moved in

Interstate or Foreign Commerce. The Act

amends the GCA to make a technical

amendment to section 922(j), relating to

stolen firearms, to make it unlawful to

possess stolen firearms. Prior to

amendment this provision made it

unlawful to receive, conceal, store,

barter, sell, or dispose of stolen firearms,

but did not prohibit possession.

Language was also added to clarify the

interstate commerce element of the

statute. Conforming amendments to the

regulations are prescribed in § 178.33.

(13) Receipt of Firearms by

Nonresident. The Act amends the GCA

to provide that it is unlawful for any

person, other than an FFL, who does not

reside in any State to receive firearms

unless such receipt is for lawful

sporting purposes. Conforming

amendments to the regulations are

prescribed in § 178.29a.

(14) Disposing of Explosives to

Prohibited Persons. The Act amends the

Federal explosives laws to make it

unlawful for any person to sell or

otherwise dispose of explosives to

felons and other prohibited persons.

Prior to amendment this provision

prohibited such dispositions by

licensees only. Conforming amendments

to the regulations are prescribed in

§ 55.26(c).

(15) Definition of Armor Piercing

Ammunition. The definition of ‘‘armor

piercing ammunition’’ in the GCA has

been amended by the Act to include full

jacketed projectiles larger than .22

caliber designed and intended for use in

a handgun and whose jacket has a

weight of more than 25 percent of the

total weight of the projectile.

Conforming amendments to the

regulations are prescribed in § 178.11.

(16) Exemption From Brady

Background Check Requirement of

Return of Handgun to Owner. The Act

amends the GCA to exempt transactions

involving the return of a handgun to the

person from whom it was received from

the waiting period and background

check requirements imposed by the

Brady Handgun Violence Prevention

Act. Regulations implementing this

provision of the Act were published in

T.D. ATF–361, published in the Federal

Register on February 27, 1995 (60 FR

10782).

Miscellaneous

ATF is amending § 178.127 to reflect

the new address of the ATF Out-ofBusiness Records Center located in

Falling Waters, West Virginia. The

regulation is also being amended to

provide that where a licensed business

is discontinued and succeeded by a new

licensee, the licensee’s records may be

delivered to either the successor or to

ATF.

In addition, ATF is making a

technical amendment to § 178.45 to

clarify that ATF Form 7CR is the correct

form to file with ATF when a person

desires to obtain a license as a collector

of curios or relics under the GCA.

Executive Order 12866

It has been determined that this

temporary rule is not a significant

regulatory action as defined in E.O.

12866, because the economic effects

flow directly from the underlying

statute and not from this temporary rule.

Therefore, a regulatory assessment is not

required.

Administrative Procedure Act

Because this document merely

implements the law and because

immediate guidance is necessary to

implement the provisions of the law, it

is found to be impracticable to issue this

Treasury decision with notice and

public procedure under 5 U.S.C. 553(b),

or subject to the effective date limitation

in section 553(d).

Regulatory Flexibility Act

The provisions of the Regulatory

Flexibility Act relating to an initial and

final regulatory flexibility analysis (5

U.S.C. 604) are not applicable to this

temporary rule because the agency was

not required to publish a notice of

proposed rulemaking under 5 U.S.C.

553 or any other law. Accordingly, a

regulatory flexibility analysis is not

required.

Paperwork Reduction Act

This regulation is being issued

without prior notice and public

procedure pursuant to the

Administrative Procedure Act (5 U.S.C.

553). For this reason, the collections of

information contained in this regulation

have been reviewed and, pending

receipt and evaluation of public

comments, approved by the Office of

Management and Budget (OMB) under

control number 1512–0526. The

estimated average annual burden

associated with the collection of
Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations 17449

information in this regulation is 2.52

hours per respondent or recordkeeper.

Other collections of information

contained in this temporary rule have

been approved under control numbers:

1512–0017, 1512–0018, and 1512–0019

(§ 178.119); 1512–0522 and 1512–0523

(§ 178.47); 1512–0524 (§ 178.39a); and

1512–0525 (§ 178.52).

For further information concerning

the collections of information, and

where to submit comments on the

collections of information and the

accuracy of the estimated burden, and

suggestions for reducing this burden,

refer to the preamble to the crossreferenced notice of proposed

rulemaking published elsewhere in this

issue of the Federal Register.

Drafting Information

The author of this document is James

P. Ficaretta, Regulations Branch, Bureau

of Alcohol, Tobacco and Firearms.

List of Subjects

Part 55

Administrative practice and

procedure, Authority delegations,

Customs duties and inspection,

Explosives, Hazardous materials,

Imports, Penalties, Reporting and

recordkeeping requirements, Safety,

Security measures, Seizures and

forfeitures, Transportation, and

Warehouses.

Part 72

Administrative practice and

procedure, Authority delegations,

Seizures and forfeitures, and Surety

bonds.

Part 178

Administrative practice and

procedure, Arms and ammunition,

Authority delegations, Customs duties

and inspection, Exports, Imports,

Military personnel, Penalties, Reporting

requirements, Research, Seizures and

forfeitures, and Transportation.

Part 179

Administrative practice and

procedure, Arms and munitions,

Authority delegations, Customs duties

and inspection, Exports, Imports,

Military personnel, Penalties, Reporting

requirements, Research, Seizures and

forfeitures, and Transportation.

Authority and Issuance

27 CFR parts 55, 72, 178, and 179 are

amended as follows:

PART 55—COMMERCE IN

EXPLOSIVES

Paragraph 1. The authority citation

for 27 CFR Part 55 continues to read as

follows:

Authority: 18 U.S.C. 847.

Par. 2. Section 55.1(a) is revised to

read as follows:

§ 55.1 Scope of regulations.

(a) In general. The regulations

contained in this part relate to

commerce in explosives and implement

Title XI, Regulation of Explosives (18

U.S.C. Chapter 40; 84 Stat. 952), of the

Organized Crime Control Act of 1970

(84 Stat. 922), and Pub. L. 103–322 (108

Stat. 1796).

* * * * *

Par. 3. Section 55.26 is amended by

revising the title of the section, by

revising paragraph (b), and by adding

paragraph (c) to read as follows:

§ 55.26 Prohibited shipment,

transportation, receipt, possession, or

distribution of explosive materials.

* * * * *

(b) No person may ship or transport

any explosive material in interstate or

foreign commerce or receive or possess

any explosive materials which have

been shipped or transported in

interstate or foreign commerce who:

(1) Is under indictment or information

for, or who has been convicted in any

court of, a crime punishable by

imprisonment for a term exceeding one

year,

(2) Is a fugitive from justice,

(3) Is an unlawful user of or addicted

to marijuana, or any depressant or

stimulant drug, or narcotic drug (as

these terms are defined in the

Controlled Substances Act; 21 U.S.C.

802), or

(4) Has been adjudicated as a mental

defective or has been committed to a

mental institution.

(c) No person shall knowingly

distribute explosive materials to any

individual who:

(1) Is under twenty-one years of age,

(2) Is under indictment or information

for, or who has been convicted in any

court of, a crime punishable by

imprisonment for a term exceeding one

year,

(3) Is a fugitive from justice,

(4) Is an unlawful user of or addicted

to marijuana, or any depressant or

stimulant drug, or narcotic drug (as

these terms are defined in the

Controlled Substances Act; 21 U.S.C.

802), or

(5) Has been adjudicated as a mental

defective or has been committed to a

mental institution.

Par. 4. Section 55.166 is amended by

adding a sentence at the end of the

section to read as follows:

§ 55.166 Seizure or forfeiture.

* * * (See § 72.27 of this title for

regulations on summary destruction of

explosive materials which are

impracticable or unsafe to remove to a

place of storage.)

PART 72—DISPOSITION OF SEIZED

PERSONAL PROPERTY

Par. 5. The authority citation for 27

CFR Part 72 continues to read as

follows:

Authority: 18 U.S.C. 921, 1261; 19 U.S.C.

1607, 1610, 1612, 1613, 1618; 26 U.S.C. 7101,

7322–7325, 7326, 7805; 31 U.S.C. 9301, 9303,

9304, 9306; 40 U.S.C. 304(k); 49 U.S.C. 784,

788.

Par. 6. Section 72.21(c) is revised to

read as follows:

§ 72.21 Personal property and carriers

subject to seizure.

* * * * *

(c) Upon acquittal of the owner or

possessor, or the dismissal of the

criminal charges against such person

other than upon motion of the

Government prior to trial, or lapse of or

court termination of the restraining

order to which such person is subject,

firearms or ammunition seized or

relinquished under 18 U.S.C. Chapter 44

shall be returned forthwith to the owner

or possessor or to a person delegated by

the owner or possessor unless the return

of the firearms or ammunition would

place the owner or possessor or his

delegate in violation of law.

Par. 7. Section 72.27 is added to

Subpart C to read as follows:

§ 72.27 Summary destruction of

explosives subject to forfeiture.

(a) Notwithstanding the provisions of

§ 55.166 of this Title, in the case of the

seizure of any explosive materials for

any offense for which the materials

would be subject to forfeiture in which

it would be impracticable or unsafe to

remove the materials to a place of

storage or would be unsafe to store

them, the seizing officer may destroy the

explosive materials forthwith. Any

destruction under this paragraph shall

be in the presence of at least 1 credible

witness.

(b) Within 60 days after any

destruction made pursuant to paragraph

(a) of this section, the owner of the

property and any other persons having

an interest in the property so destroyed

may make application to the Director for

reimbursement of the value of the

property in accordance with the

instructions contained in ATF
17450 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations

Publication 1850.1 (9–93), Information

to Claimants. ATF P 1850.1 is available

at no cost upon request from the ATF

Distribution Center, P.O. Box 5950,

Springfield, Virginia 22150–5950. The

Director shall make an allowance to the

claimant not exceeding the value of the

property destroyed, if the claimant

establishes to the satisfaction of the

Director that—

(1) The property has not been used or

involved in a violation of law; or

(2) Any unlawful involvement or use

of the property was without the

claimant’s knowledge, consent, or

willful blindness.

PART 178—COMMERCE IN FIREARMS

AND AMMUNITION

Par. 8. The authority citation for 27

CFR Part 178 continues to read as

follows:

Authority: 5 U.S.C. 552(a); 18 U.S.C. 847,

921–930; 44 U.S.C. 3504(h).

Par. 9. Section 178.1(a) is revised to

read as follows:

§ 178.1 Scope of regulations.

(a) General. The regulations contained

in this part relate to commerce in

firearms and ammunition and are

promulgated to implement Title I, State

Firearms Control Assistance (18 U.S.C.

Chapter 44), of the Gun Control Act of

1968 (82 Stat. 1213) as amended by Pub.

L. 99–308 (100 Stat. 449), Pub. L. 99–

360 (100 Stat. 766), Pub. L. 99–408 (100

Stat. 920), Pub. L. 103–159 (107 Stat.

1536), and Pub. L. 103–322 (108 Stat.

1796).

* * * * *

Par. 10. Section 178.11 is amended by

revising the definition for ‘‘armor

piercing ammunition,’’ and by adding

definitions for ‘‘intimate partner,’’

‘‘large capacity ammunition feeding

device,’’ ‘‘permanently inoperable,’’

‘‘semiautomatic assault weapon,’’

‘‘semiautomatic pistol,’’ and

‘‘semiautomatic shotgun’’ to read as

follows:

§ 178.11 Meaning of terms.

* * * * *

Armor piercing ammunition.

Projectiles or projectile cores which may

be used in a handgun and which are

constructed entirely (excluding the

presence of traces of other substances)

from one or a combination of tungsten

alloys, steel, iron, brass, bronze,

beryllium copper, or depleted uranium;

or full jacketed projectiles larger than

.22 caliber designed and intended for

use in a handgun and whose jacket has

a weight of more than 25 percent of the

total weight of the projectile. The term

does not include shotgun shot required

by Federal or State environmental or

game regulations for hunting purposes,

frangible projectiles designed for target

shooting, projectiles which the Director

finds are primarily intended to be used

for sporting purposes, or any other

projectiles or projectile cores which the

Director finds are intended to be used

for industrial purposes, including

charges used in oil and gas well

perforating devices.

* * * * *

Intimate partner. With respect to a

person, the spouse of the person, a

former spouse of the person, an

individual who is a parent of a child of

the person, and an individual who

cohabitates or has cohabitated with the

person.

Large capacity ammunition feeding

device. A magazine, belt, drum, feed

strip, or similar device for a firearm

manufactured after September 13, 1994,

that has a capacity of, or that can be

readily restored or converted to accept,

more than 10 rounds of ammunition.

The term does not include an attached

tubular device designed to accept, and

capable of operating only with, .22

caliber rimfire ammunition, or a fixed

device for a manually operated firearm,

or a fixed device for a firearm listed in

18 U.S.C. 922, Appendix A.

* * * * *

Permanently inoperable. A firearm

which is incapable of discharging a shot

by means of an explosive and incapable

of being readily restored to a firing

condition. An acceptable method of

rendering most firearms permanently

inoperable is to fusion weld the

chamber closed and fusion weld the

barrel solidly to the frame. Certain

unusual firearms require other methods

to render the firearm permanently

inoperable. Contact ATF for

instructions.

* * * * *

Semiautomatic assault weapon. (a)

Any of the firearms, or copies or

duplicates of the firearms in any caliber,

known as:

(1) Norinco, Mitchell, and Poly

Technologies Avtomat Kalashnikovs (all

models),

(2) Action Arms Israeli Military

Industries UZI and Galil,

(3) Beretta Ar70 (SC–70),

(4) Colt AR–15,

(5) Fabrique National FN/FAL, FN/

LAR, and FNC,

(6) SWD M–10, M–11, M–11/9, and

M–12,

(7) Steyr AUG,

(8) INTRATEC TEC–9, TEC–DC9 and

TEC–22, and

(9) Revolving cylinder shotguns, such

as (or similar to) the Street Sweeper and

Striker 12;

(b) A semiautomatic rifle that has an

ability to accept a detachable magazine

and has at least 2 of—

(1) A folding or telescoping stock,

(2) A pistol grip that protrudes

conspicuously beneath the action of the

weapon,

(3) A bayonet mount,

(4) A flash suppressor or threaded

barrel designed to accommodate a flash

suppressor, and

(5) A grenade launcher;

(c) A semiautomatic pistol that has an

ability to accept a detachable magazine

and has at least 2 of—

(1) An ammunition magazine that

attaches to the pistol outside of the

pistol grip,

(2) A threaded barrel capable of

accepting a barrel extender, flash

suppressor, forward handgrip, or

silencer,

(3) A shroud that is attached to, or

partially or completely encircles, the

barrel and that permits the shooter to

hold the firearm with the nontrigger

hand without being burned,

(4) A manufactured weight of 50

ounces or more when the pistol is

unloaded, and

(5) A semiautomatic version of an

automatic firearm; and

(d) A semiautomatic shotgun that has

at least 2 of—

(1) A folding or telescoping stock,

(2) A pistol grip that protrudes

conspicuously beneath the action of the

weapon,

(3) A fixed magazine capacity in

excess of 5 rounds, and

(4) An ability to accept a detachable

magazine.

Semiautomatic pistol. Any repeating

pistol which utilizes a portion of the

energy of a firing cartridge to extract the

fired cartridge case and chamber the

next round, and which requires a

separate pull of the trigger to fire each

cartridge.

* * * * *

Semiautomatic shotgun. Any

repeating shotgun which utilizes a

portion of the energy of a firing cartridge

to extract the fired cartridge case and

chamber the next round, and which

requires a separate pull of the trigger to

fire each cartridge.

* * * * *

Par. 11. Section 178.23(b)(2) is

revised to read as follows:

§ 178.23 Right of entry and examination.

* * * * *

(b) * * *

(2) For insuring compliance with the

recordkeeping requirements of this part:

(i) Not more than once during any 12-

month period, or
Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations 17451

(ii) At any time with respect to

records relating to a firearm involved in

a criminal investigation that is traced to

the licensee, or

* * * * *

Par. 12. Section 178.25a is added to

Subpart C to read as follows:

§ 178.25a Responses to requests for

information.

Each licensee shall respond

immediately to, and in no event later

than 24 hours after the receipt of, a

request by an ATF officer at the

National Tracing Center for information

contained in the records required to be

kept by this part for determining the

disposition of one or more firearms in

the course of a bona fide criminal

investigation. The requested

information shall be provided orally to

the ATF officer. Verification of the

identity and employment of National

Tracing Center personnel requesting

information may be established at the

time the requested information is

provided by telephoning the toll-free

number 1–800–788–7132 or using the

toll-free facsimile (FAX) number 1–800–

578–7223.

Par. 13. Section 178.29a is added to

Subpart C to read as follows:

§ 178.29a Acquisition of firearms by

nonresidents.

No person, other than a licensed

importer, licensed manufacturer,

licensed dealer, or licensed collector,

who does not reside in any State shall

receive any firearms unless such receipt

is for lawful sporting purposes.

Par. 14. Section 178.32 is amended by

revising paragraphs (a)(6), (a)(7), (d)(6),

and (d)(7), and by adding paragraphs

(a)(8) and (d)(8) to read as follows:

§ 178.32 Prohibited shipment,

transportation, possession, or receipt of

firearms and ammunition by certain

persons.

(a) * * *

(6) Has been discharged from the

Armed Forces under dishonorable

conditions,

(7) Having been a citizen of the

United States, has renounced

citizenship, or

(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.

* * * * *

(d) * * *

(6) Has been discharged from the

Armed Forces under dishonorable

conditions,

(7) Having been a citizen of the

United States, has renounced

citizenship, or

(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.

Par. 15. Section 178.33 is revised to

read as follows:

§ 178.33 Stolen firearms and ammunition.

No person shall transport or ship in

interstate or foreign commerce any

stolen firearm or stolen ammunition

knowing or having reasonable cause to

believe that the firearm or ammunition

was stolen, and no person shall receive,

possess, conceal, store, barter, sell, or

dispose of any stolen firearm or stolen

ammunition, or pledge or accept as

security for a loan any stolen firearm or

stolen ammunition, which is moving as,

which is a part of, which constitutes, or

which has been shipped or transported

in, interstate or foreign commerce,

either before or after it was stolen,

knowing or having reasonable cause to

believe that the firearm or ammunition

was stolen.

Par. 16. Section 178.39a is added to

Subpart C to read as follows:

§ 178.39a Reporting theft or loss of

firearms.

Each licensee shall report the theft or

loss of a firearm from the licensee’s

inventory (including any firearm which

has been transferred from the licensee’s

inventory to a personal collection and

held as a personal firearm for at least 1

year), or from the collection of a

licensed collector, within 48 hours after

the theft or loss is discovered. Licensees

shall report thefts or losses by

telephoning 1–800–800–3855

(nationwide toll free number) and by

preparing ATF Form 3310.11, Federal

Firearms Licensee Theft/Loss Report, in

accordance with the instructions on the

form. The original of the report shall be

forwarded to the office specified

thereon, and Copy 1 shall be retained by

the licensee as part of the licensee’s

permanent records. Theft or loss of any

firearm shall also be reported to the

appropriate local authorities.

(Approved by the Office of Management and

Budget under control number 1512–0524)

Par. 17. Sections 178.40 and 178.40a

are added to Subpart C to read as

follows:

§ 178.40 Manufacture, transfer, and

possession of semiautomatic assault

weapons.

(a) Prohibition. No person shall

manufacture, transfer, or possess a

semiautomatic assault weapon.

(b) Exceptions. The provisions of

paragraph (a) of this section shall not

apply to:

(1) The possession or transfer of any

semiautomatic assault weapon

otherwise lawfully possessed in the

United States under Federal law on

September 13, 1994;

(2) Any of the firearms, or replicas or

duplicates of the firearms, specified in

18 U.S.C. 922, Appendix A, as such

firearms existed on October 1, 1993;

(3) Any firearm that—

(i) Is manually operated by bolt,

pump, lever, or slide action;

(ii) Has been rendered permanently

inoperable; or

(iii) Is an antique firearm;

(4) Any semiautomatic rifle that

cannot accept a detachable magazine

that holds more than 5 rounds of

ammunition;

(5) Any semiautomatic shotgun that

cannot hold more than 5 rounds of

ammunition in a fixed or detachable

magazine;

(6) The manufacture for, transfer to, or

possession by the United States or a

department or agency of the United

States or a State or a department,

agency, or political subdivision of a

State, or a transfer to or possession by
17452 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations

a law enforcement officer employed by

such an entity for purposes of law

enforcement;

(7) The transfer to a licensee under

title I of the Atomic Energy Act of 1954

(42 U.S.C. 2011 et seq.) for purposes of

establishing and maintaining an on-site

physical protection system and security

organization required by Federal law, or

possession by an employee or contractor

of such licensee on-site for such

purposes or off-site for purposes of

licensee-authorized training or

transportation of nuclear materials;

(8) The possession, by an individual

who is retired from service with a law

enforcement agency and is not

otherwise prohibited from receiving a

firearm, of a semiautomatic assault

weapon transferred to the individual by

the agency upon such retirement;

(9) The manufacture, transfer, or

possession of a semiautomatic assault

weapon by a licensed manufacturer or

licensed importer for the purposes of

testing or experimentation as authorized

by the Director under the provisions of

§ 178.153; or

(10) The manufacture, transfer, or

possession of a semiautomatic assault

weapon by a licensed manufacturer,

licensed importer, or licensed dealer for

the purpose of exportation in

compliance with the Arms Export

Control Act (22 U.S.C. 2778).

(c) Manufacture and dealing in

semiautomatic assault weapons. Subject

to compliance with the provisions of

this part, licensed manufacturers and

licensed dealers in semiautomatic

assault weapons may manufacture and

deal in such weapons manufactured

after September 13, 1994: Provided, The

licensee obtains evidence that the

weapons will be disposed of in

accordance with paragraph (b) of this

section. Examples of acceptable

evidence include the following:

(1) Contracts between the

manufacturer and dealers stating that

the weapons may only be sold to law

enforcement agencies, law enforcement

officers, or other purchasers specified in

paragraph (b) of this section;

(2) Copies of purchase orders

submitted to the manufacturer or dealer

by law enforcement agencies or other

purchasers specified in paragraph (b) of

this section;

(3) Copies of letters submitted to the

manufacturer or dealer by government

agencies, law enforcement officers, or

other purchasers specified in paragraph

(b) of this section expressing an interest

in purchasing the semiautomatic assault

weapons;

(4) Letters from dealers to the

manufacturer stating that sales will only

be made to law enforcement agencies,

law enforcement officers, or other

purchasers specified in paragraph (b) of

this section; and

(5) Letters from law enforcement

officers purchasing in accordance with

paragraph (b)(6) of this section and

§ 178.132.

(Paragraph (c) approved by the Office of

Management and Budget under control

number 1512–0526)

§ 178.40a Transfer and possession of

large capacity ammunition feeding devices.

(a) Prohibition. No person shall

transfer or possess a large capacity

ammunition feeding device.

(b) Exceptions. The provisions of

paragraph (a) of this section shall not

apply to:

(1) The possession or transfer of any

large capacity ammunition feeding

device otherwise lawfully possessed in

the United States on September 13,

1994;

(2) The manufacture for, transfer to, or

possession by the United States or a

department or agency of the United

States or a State or a department,

agency, or political subdivision of a

State, or a transfer to or possession by

a law enforcement officer employed by

such an entity for purposes of law

enforcement;

(3) The transfer to a licensee under

title I of the Atomic Energy Act of 1954

for purposes of establishing and

maintaining an on-site physical

protection system and security

organization required by Federal law, or

possession by an employee or contractor

of such licensee on-site for such

purposes or off-site for purposes of

licensee-authorized training or

transportation of nuclear materials;

(4) The possession, by an individual

who is retired from service with a law

enforcement agency and is not

otherwise prohibited from receiving

ammunition, of a large capacity

ammunition feeding device transferred

to the individual by the agency upon

such retirement;

(5) The manufacture, transfer, or

possession of any large capacity

ammunition feeding device by a

manufacturer or importer for the

purposes of testing or experimentation

in accordance with § 178.153; or

(6) The manufacture, transfer, or

possession of any large capacity

ammunition feeding device by a

manufacturer or importer for the

purpose of exportation in accordance

with the Arms Export Control Act (22

U.S.C. 2778).

(c) Importation, manufacture, and

dealing in large capacity ammunition

feeding devices. Possession and transfer

of large capacity ammunition feeding

devices by persons who manufacture,

import, or deal in such devices will be

presumed to be lawful if such persons

maintain evidence establishing that the

devices are possessed and transferred

for sale to purchasers specified in

paragraph (b) of this section. Examples

of acceptable evidence include the

following:

(1) Contracts between persons who

import or manufacture such devices and

persons who deal in such devices

stating that the devices may only be sold

to law enforcement agencies or other

purchasers specified in paragraph (b) of

this section;

(2) Copies of purchase orders

submitted to persons who manufacture,

import, or deal in such devices by law

enforcement agencies or other

purchasers specified in paragraph (b) of

this section;

(3) Copies of letters submitted to

persons who manufacture, import, or

deal in such devices by government

agencies or other purchasers specified

in paragraph (b) of this section

expressing an interest in purchasing the

devices;

(4) Letters from persons who deal in

such devices to persons who import or

manufacture such devices stating that

sales will only be made to law

enforcement agencies or other

purchasers specified in paragraph (b) of

this section; and

(5) Letters from law enforcement

officers purchasing in accordance with

paragraph (b)(2) of this section and

§ 178.132.

(Paragraph (c) approved by the Office of

Management and Budget under control

number 1512–0526)

Par. 18. Section 178.44 is revised to

read as follows:

§ 178.44 Original license.

(a) Any person who intends to engage

in business as a firearms or ammunition

importer or manufacturer, or firearms

dealer, or who has not previously been

licensed under the provisions of this

part to so engage in business, or who

has not timely submitted an application

for renewal of the previous license

issued under this part, shall file an

application for license, ATF Form 7

(Firearms), in duplicate, with ATF in

accordance with the instructions on the

form. The application must be executed

under the penalties of perjury and the

penalties imposed by 18 U.S.C. 924. The

application shall include a photograph

and fingerprints as required in the

instructions on the form. The

application shall be accompanied by a

completed ATF Form 5300.37

(Certification of Compliance with State
Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations 17453

and Local Law) and ATF Form 5300.36

(Notification of Intent to Apply for a

Federal Firearms License), and shall

include the appropriate fee in the form

of money order or check made payable

to the Bureau of Alcohol, Tobacco and

Firearms. ATF Forms 7 (Firearms), ATF

Forms 5300.37, and ATF Forms 5300.36

may be obtained by contacting any ATF

office.

(b) Any person who desires to obtain

a license as a collector under the Act

and this part, or who has not timely

submitted an application for renewal of

the previous license issued under this

part, shall file an application, ATF Form

7CR (Curios and Relics), with ATF in

accordance with the instructions on the

form. The application must be executed

under the penalties of perjury and the

penalties imposed by 18 U.S.C. 924. The

application shall be accompanied by a

completed ATF Form 5300.37 and ATF

Form 5300.36 and shall include the

appropriate fee in the form of a money

order or check made payable to the

Bureau of Alcohol, Tobacco and

Firearms. ATF Forms 7CR (Curios and

Relics), ATF Forms 5300.37, and ATF

Forms 5300.36 may be obtained by

contacting any ATF office.

Par. 19. Section 178.45 is revised to

read as follows:

§ 178.45 Renewal of license.

If a licensee intends to continue the

business or activity described on a

license issued under this part during

any portion of the ensuing year, the

licensee shall, unless otherwise notified

in writing by the Chief, Firearms and

Explosives Licensing Center, execute

and file with ATF prior to the expiration

of the license an application for a

license renewal, ATF Form 8 Part II,

accompanied by a completed ATF Form

5300.37 and ATF Form 5300.36, in

accordance with the instructions on the

forms, and the required fee. The Chief,

Firearms and Explosives Licensing

Center, may, in writing, require the

applicant for license renewal to also file

completed ATF Form 7 or ATF Form

7CR in the manner required by § 178.44.

In the event the licensee does not timely

file an ATF Form 8 Part II, the licensee

must file an ATF Form 7 or ATF Form

7CR as required by § 178.44, and obtain

the required license before continuing

business or collecting activity. If an ATF

Form 8 Part II is not timely received

through the mails, the licensee should

so notify the Chief, Firearms and

Explosives Licensing Center.

Par. 20. Section 178.47 is amended by

adding ‘‘ATF Form 7CR,’’ after ‘‘ATF

Form 7,’’ in paragraph (a) and the

introductory text of paragraph (b), by

adding new paragraph (b)(6), by

removing ‘‘45-day’’ in paragraphs (c)

and (d) and adding, in its place, ‘‘60-

day,’’ and by adding a parenthetical text

at the end of the section to read as

follows:

§ 178.47 Issuance of license.

(a) * * *

(b) * * *

(6) The applicant has filed an ATF

Form 5300.37 (Certification of

Compliance with State and Local Law)

with ATF in accordance with the

instructions on the form certifying

under the penalties of perjury that—

(i) The business to be conducted

under the license is not prohibited by

State or local law in the place where the

licensed premises are located;

(ii) Within 30 days after the

application is approved the business

will comply with the requirements of

State and local law applicable to the

conduct of business;

(iii) The business will not be

conducted under the license until the

requirements of State and local law

applicable to the business have been

met; and

(iv) The applicant has completed and

sent or delivered ATF F 5300.36

(Notification of Intent to Apply for a

Federal Firearms License) to the chief

law enforcement officer of the locality

in which the premises are located,

which indicates that the applicant

intends to apply for a Federal firearms

license. For purposes of this paragraph,

the ‘‘chief law enforcement officer’’ is

the chief of police, the sheriff, or an

equivalent officer.

* * * * *

(Paragraph (b)(6) approved by the Office of

Management and Budget under control

numbers 1512–0522 and 1512–0523)

Par. 21. Section 178.52 is revised to

read as follows:

§ 178.52 Change of address.

(a) Licensees may during the term of

their current license remove their

business or activity to a new location at

which they intend regularly to carry on

such business or activity by filing an

Application for an Amended Federal

Firearms License, ATF Form 5300.38, in

duplicate, not less than 30 days prior to

such removal with the Chief, Firearms

and Explosives Licensing Center. The

ATF Form 5300.38 shall be completed

in accordance with the instructions on

the form. The application must be

executed under the penalties of perjury

and penalties imposed by 18 U.S.C. 924.

The application shall be accompanied

by the licensee’s original license. The

Chief, Firearms and Explosives

Licensing Center, may, in writing,

require the applicant for an amended

license to also file completed ATF Form

7 or ATF Form 7CR, or portions thereof,

in the manner required by § 178.44.

(b) Upon receipt of a properly

executed application for an amended

license, the Chief, Firearms and

Explosives Licensing Center, shall, upon

finding through further inquiry or

investigation, or otherwise, that the

applicant is qualified at the new

location, issue the amended license, and

return it to the applicant. The license

shall be valid for the remainder of the

term of the original license. The Chief,

Firearms and Explosives Licensing

Center, shall, if the applicant is not

qualified, refer the application for

amended license to the regional director

(compliance) for denial in accordance

with § 178.71.

(Approved by the Office of Management and

Budget under control number 1512–0525)

Par. 22. Section 178.57 is amended by

designating the existing paragraph as (a)

and by adding paragraphs (b) and (c) to

read as follows:

§ 178.57 Discontinuance of business.

* * * * *

(b) Since section 922(v), Title 18,

U.S.C., makes it unlawful to transfer or

possess a semiautomatic assault

weapon, except as provided in the law,

any licensed manufacturer, licensed

importer, or licensed dealer intending to

discontinue business shall, prior to

going out of business, transfer in

compliance with the provisions of this

part any semiautomatic assault weapon

manufactured or imported after

September 13, 1994, to a person

specified in § 178.40(b), or, subject to

the provisions of §§ 178.40(c) and

178.132, a licensed manufacturer, a

licensed importer, or a licensed dealer.

(c) Since section 922(w), Title 18,

U.S.C., makes it unlawful to transfer or

possess a large capacity ammunition

feeding device, except as provided in

the law, any person who manufactures,

imports, or deals in such devices and

who intends to discontinue business

shall, prior to going out of business,

transfer in compliance with the

provisions of this part any large capacity

ammunition feeding device

manufactured or imported after

September 13, 1994, to a person

specified in § 178.40a(b), or, subject to

the provisions of §§ 178.40a(c) and

178.132, a person who manufactures,

imports, or deals in such devices.

Par. 23. Section 178.92 is amended by

revising the title of the section, by

revising paragraph (a), and by adding

paragraph (c) to read as follows:
17454 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations

§ 178.92 Identification of firearms, armor

piercing ammunition, and large capacity

ammunition feeding devices.

(a) (1) Firearms. Each licensed

manufacturer or licensed importer of

any firearm manufactured or imported

shall legibly identify each such firearm

by engraving, casting, stamping

(impressing), or otherwise

conspicuously placing or causing to be

engraved, cast, stamped (impressed) or

placed on the frame or receiver thereof

in a manner not susceptible of being

readily obliterated, altered, or removed,

an individual serial number not

duplicating any serial number placed by

the manufacturer or importer on any

other firearm, and by engraving, casting,

stamping (impressing), or otherwise

conspicuously placing or causing to be

engraved, cast, stamped (impressed) or

placed on the frame, receiver, or barrel

thereof in a manner not susceptible of

being readily obliterated, altered or

removed, the model, if such designation

has been made; the caliber or gauge; the

name (or recognized abbreviation of

same) of the manufacturer and also,

when applicable, of the importer; in the

case of a domestically made firearm, the

city and State (or recognized

abbreviation thereof) wherein the

licensed manufacturer maintains its

place of business; and in the case of an

imported firearm, the name of the

country in which manufactured and the

city and State (or recognized

abbreviation thereof) of the importer.

(2) Special markings for

semiautomatic assault weapons,

effective July 5, 1995. In the case of any

semiautomatic assault weapon

manufactured after September 13, 1994,

the frame or receiver shall be marked

‘‘RESTRICTED LAW ENFORCEMENT/

GOVERNMENT USE ONLY’’ or, in the

case of weapons manufactured for

export, ‘‘FOR EXPORT ONLY,’’ in the

manner prescribed in paragraph (a)(1) of

this section.

(3) Exceptions.

(i) Alternate means of identification.

The Director may authorize other means

of identification of the licensed

manufacturer or licensed importer upon

receipt of a letter application, in

duplicate, showing that such other

identification is reasonable and will not

hinder the effective administration of

this part.

(ii) Destructive devices. In the case of

a destructive device, the Director may

authorize other means of identifying

that weapon upon receipt of a letter

application, in duplicate, from the

licensed manufacturer or licensed

importer showing that engraving,

casting, or stamping (impressing) such a

weapon would be dangerous or

impracticable.

(iii) Machine guns, silencers, and

parts. A firearm frame or receiver, or

any part defined as a machine gun,

firearm muffler, or firearm silencer in

§ 178.11, which is not a component part

of a complete weapon at the time it is

sold, shipped, or otherwise disposed of

by a licensed manufacturer or licensed

importer, shall be identified as required

by this section. The Director may

authorize other means of identification

of parts defined as machine guns other

than frames or receivers and parts

defined as mufflers or silencers upon

receipt of a letter application, in

duplicate, showing that such other

identification is reasonable and will not

hinder the effective administration of

this part.

(b) * * *

(c) Large capacity ammunition

feeding devices manufactured after

September 13, 1994. (1) Each person

who manufactures or imports any large

capacity ammunition feeding device

manufactured or imported after

September 13, 1994, shall legibly

identify each such device with a serial

number. Such person may use the same

serial number for all large capacity

ammunition feeding devices produced

or imported.

(i) Additionally, in the case of a

domestically made large capacity

ammunition feeding device, such device

shall be marked with the name, city and

State (or recognized abbreviation

thereof) of the manufacturer;

(ii) And in the case of an imported

large capacity ammunition feeding

device, such device shall be marked:

(A) With the name of the

manufacturer, country of origin, and,

(B) Effective July 5, 1995, the name,

city and State (or recognized

abbreviation thereof) of the importer.

(iii) Further, large capacity

ammunition feeding devices

manufactured or imported after

September 13, 1994, shall be marked

‘‘RESTRICTED LAW ENFORCEMENT/

GOVERNMENT USE ONLY’’ or, in the

case of devices manufactured for export,

effective July 5, 1995, ‘‘FOR EXPORT

ONLY.’’

(2) All markings required by this

paragraph (c) shall be cast, stamped, or

engraved on the exterior of the device.

In the case of a magazine, the markings

shall be placed on the magazine body.

(3) Exceptions.

(i) Metallic links. Persons who

manufacture or import metallic links for

use in the assembly of belted

ammunition are only required to place

the identification marks prescribed in

paragraph (c)(1) of this section on the

containers used for the packaging of the

links.

(ii) Alternate means of identification.

The Director may authorize other means

of identifying large capacity

ammunition feeding devices upon

receipt of a letter application, in

duplicate, from the manufacturer or

importer showing that such other

identification is reasonable and will not

hinder the effective administration of

this part.

Par. 24. Section 178.99(c) is amended

by removing the word ‘‘or’’ at the end

of paragraph (c)(6), by removing the

period at the end of paragraph (c)(7) and

replacing it with ‘‘; or’’, and by adding

paragraph (c)(8) to read as follows:

§ 178.99 Certain prohibited sales or

deliveries.

* * * * *

(c) * * *

(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,

except that 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.

* * * * *

Par. 25. Section 178.119 is added to

Subpart G to read as follows:

§ 178.119 Importation of large capacity

ammunition feeding devices manufactured

after September 13, 1994.

(a) No large capacity ammunition

feeding device manufactured after

September 13, 1994, shall be imported

or brought into the United States unless

the Director has authorized the

importation of such device.

(b) An application for a permit, ATF

Form 6, to import or bring a large

capacity ammunition feeding device

into the United States or a possession

thereof under this section shall be filed,

in triplicate, with the Director. The

application shall contain:

(1) The name and address of the

person importing the device,
Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations 17455

(2) A description of the device to be

imported, including model, caliber, size,

country of manufacture, and name of

the manufacturer,

(3) The unit cost of the device to be

imported,

(4) The country from which to be

imported,

(5) The name and address of the

foreign seller and the foreign shipper,

(6) Verification that such device will

be marked as required by this part, and

(7) A statement by the importer that

the device is being imported for sale to

purchasers specified in § 178.40a(b).

(c) If the Director approves the

application, such approved application

shall serve as the permit to import the

device described therein, and

importation of such devices may

continue to be made by the person

importing such devices under the

approved application (permit) during

the period specified thereon. The

Director shall furnish the approved

application (permit) to the applicant

and retain two copies thereof for

administrative use. If the Director

disapproves the application, the person

importing such devices shall be notified

of the basis for the disapproval.

(d) A large capacity ammunition

feeding device imported or brought into

the United States by a person importing

such a device may be released from

Customs custody to the person

importing such a device upon showing

that such person has obtained a permit

from the Director for the importation of

the device to be released. In obtaining

the release from Customs custody of

such a device authorized by this section

to be imported through use of a permit,

the person importing such a device shall

prepare ATF Form 6A, in duplicate, and

furnish the original ATF Form 6A to the

Customs officer releasing the device.

The Customs officer shall, after

certification, forward the ATF Form 6A

to the address specified on the form.

The ATF Form 6A shall show the name

and address of the person importing the

device, the name of the manufacturer of

the device, the country of manufacture,

the type, model, caliber, size, and the

number of devices released.

(e) Within 15 days of the date of

release from Customs custody, the

person importing such a device shall:

(1) Forward to the address specified

on the form a copy of ATF Form 6A on

which shall be reported any error or

discrepancy appearing on the ATF Form

6A certified by Customs, and

(2) Pursuant to § 178.92, place all

required identification data on each

imported device if same did not bear

such identification data at the time of its

release from Customs custody.

(Paragraphs (a), (b), and (c) approved by the

Office of Management and Budget under

control numbers 1512–0017 and 1512–0018;

paragraphs (d) and (e) approved by the Office

of Management and Budget under control

number 1512–0019)

Par. 26. Section 178.127 is amended

by revising the second sentence to read

as follows:

§ 178.127 Discontinuance of business.

* * * Where discontinuance of the

business is absolute, the records shall be

delivered within 30 days following the

business discontinuance to the ATF

Out-of-Business Records Center, Spring

Mills Office Park, 2029 Stonewall

Jackson Drive, Falling Waters, West

Virginia 25419, or to any ATF office in

the region in which the business was

located: Provided, however, Where State

law or local ordinance requires the

delivery of records to other responsible

authority, the Chief, Firearms and

Explosives Licensing Center may

arrange for the delivery of the records

required by this subpart to such

authority: Provided further, That where

a licensed business is discontinued and

succeeded by a new licensee, the

records may be delivered within 30 days

following the business discontinuance

to the ATF Out-of-Business Records

Center or to any ATF office in the region

in which the business was located.

Par. 27. Section 178.129 is amended

by revising paragraph (b), by adding

paragraph (e), and by revising the

parenthetical text at the end of the

section to read as follows:

§ 178.129 Record retention.

* * * * *

(b) Firearms transaction record,

statement of intent to obtain a handgun,

reports of multiple sales or other

disposition of pistols and revolvers, and

reports of theft or loss of firearms.

Licensees shall retain each Form 4473

and Form 4473(LV) for a period of not

less than 20 years after the date of sale

or disposition. Licensees shall retain

each Form 5300.35 for a period of not

less than 5 years after notice of the

intent to obtain the handgun was

forwarded to the chief law enforcement

officer. Licensees shall retain each copy

of Form 3310.4 (Report of Multiple Sale

or Other Disposition of Pistols and

Revolvers) for a period of not less than

5 years after the date of sale or other

disposition. Licensees shall retain each

copy of Form 3310.11 (Federal Firearms

Licensee Theft/Loss Report) for a period

of not less than 5 years after the date the

theft or loss was reported to ATF.

* * * * *

(e) Retention of records of

transactions in semiautomatic assault

weapons. The documentation required

by §§ 178.40(c) and 178.132 shall be

retained in the licensee’s permanent

records for a period of not less than 5

years after the date of sale or other

disposition.

(Paragraph (b) approved by the Office of

Management and Budget under control

numbers 1512–0520, 1512–0006, and 1512–

0524; Paragraph (e) approved by the Office of

Management and Budget under control

number 1512–0526; all other recordkeeping

approved by the Office of Management and

Budget under control number 1512–0129)

Par. 28. Sections 178.132 and 178.133

are added to Subpart H to read as

follows:

§ 178.132 Dispositions of semiautomatic

assault weapons and large capacity

ammunition feeding devices to law

enforcement officers for official use.

Licensed manufacturers, licensed

importers, and licensed dealers in

semiautomatic assault weapons, as well

as persons who manufacture, import, or

deal in large capacity ammunition

feeding devices, may transfer such

weapons and devices manufactured

after September 13, 1994, to law

enforcement officers with the following

documentation:

(a) A written statement from the

purchasing officer, under penalty of

perjury, stating that the weapon is being

purchased for use in performing official

duties and that the weapon is not being

acquired for personal use or for

purposes of transfer or resale; and

(b) A written statement from a

supervisor of the purchasing officer,

under penalty of perjury, stating that the

purchasing officer is acquiring the

weapon for use in official duties, that

the firearm is suitable for use in

performing official duties, and that the

weapon is not being acquired for

personal use or for purposes of transfer

or resale.

(Approved by the Office of Management and

Budget under control number 1512–0526)

§ 178.133 Records of transactions in

semiautomatic assault weapons.

The evidence specified in § 178.40(c),

relating to transactions in

semiautomatic assault weapons, shall be

retained in the permanent records of the

manufacturer or dealer and in the

records of the licensee to whom the

weapons are transferred.

(Approved by the Office of Management and

Budget under control number 1512–0526)

Par. 29. Section 178.152(a) is revised

to read as follows:

§ 178.152 Seizure and forfeiture.

(a) Any firearm or ammunition

involved in or used in any knowing
17456 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations

violation of subsections (a)(4), (a)(6), (f),

(g), (h), (i), (j), or (k) of section 922 of

the Act, or knowing importation or

bringing into the United States or any

possession thereof any firearm or

ammunition in violation of section

922(l) of the Act, or knowing violation

of section 924 of the Act, or willful

violation of any other provision of the

Act or of this part, or any violation of

any other criminal law of the United

States, or any firearm or ammunition

intended to be used in any offense

referred to in paragraph (c) of this

section, where such intent is

demonstrated by clear and convincing

evidence, shall be subject to seizure and

forfeiture, and all provisions of the

Internal Revenue Code of 1986 relating

to the seizure, forfeiture, and

disposition of firearms, as defined in

section 5845(a) of that Code, shall, so far

as applicable, extend to seizures and

forfeitures under the provisions of the

Act: Provided, That upon acquittal of

the owner or possessor, or dismissal of

the charges against such person other

than upon motion of the Government

prior to trial, or lapse of or court

termination of the restraining order to

which he is subject, the seized or

relinquished firearms or ammunition

shall be returned forthwith to the owner

or possessor or to a person delegated by

the owner or possessor unless the return

of the firearms or ammunition would

place the owner or possessor or the

delegate of the owner or possessor in

violation of law. Any action or

proceeding for the forfeiture of firearms

or ammunition shall be commenced

within 120 days of such seizure.

* * * * *

Par. 30. Section 178.153 is added to

Subpart I to read as follows:

§ 178.153 Semiautomatic assault weapons

and large capacity ammunition feeding

devices manufactured or imported for the

purposes of testing or experimentation.

The provisions of § 178.40 with

respect to the manufacture, transfer, or

possession of a semiautomatic assault

weapon, and § 178.40a with respect to

large capacity ammunition feeding

devices, shall not apply to the

manufacture, transfer, or possession of

such weapons or devices by a

manufacturer or importer for the

purposes of testing or experimentation

as authorized by the Director. A person

desiring such authorization shall submit

a letter application, in duplicate, to the

Director. Such application shall contain

the name and addresses of the persons

directing or controlling, directly or

indirectly, the policies and management

of the applicant, the nature or purpose

of the testing or experimentation, a

description of the weapons or devices to

be manufactured or imported, and the

source of the weapons or devices. The

approved application shall be retained

as part of the records required by

Subpart H of this part.

Par. 31. Section 178.171 is amended

by revising the last sentence to read as

follows:

§ 178.171 Exportation.

* * * Licensed manufacturers and

licensed importers exporting armor

piercing ammunition and

semiautomatic assault weapons

manufactured after September 13, 1994,

shall maintain records showing the

name and address of the foreign

consignee and the date the armor

piercing ammunition or semiautomatic

assault weapons were exported.

PART 179—MACHINE GUNS,

DESTRUCTIVE DEVICES, AND

CERTAIN OTHER FIREARMS

Par. 32. The authority citation for 27

CFR part 179 continues to read as

follows:

Authority: 26 U.S.C. 7805.

§§ 179.34, 179.36, 179.42, 179.46, 179.47,

and 179.50 [Amended]

Par. 33. Sections 179.34, 179.36,

179.42, 179.46, 179.47, and 179.50 are

amended by removing ‘‘5630.5’’

wherever it occurs and, adding in its

place, ‘‘5630.7.’’

Par. 34. Section 179.34(e) is added to

read as follows:

§ 179.34 Special tax registration and

return.

* * * * *

(e) Identification of taxpayer. If the

taxpayer is an individual, with the

initial return such person shall securely

attach to Form 5630.7 a photograph of

the individual 2 × 2 inches in size,

clearly showing a full front view of the

features of the individual with head

bare, with the distance from the top of

the head to the point of the chin

approximately 11⁄4 inches, and which

shall have been taken within 6 months

prior to the date of completion of the

return. The individual shall also attach

to the return a properly completed FBI

Form FD–258 (Fingerprint Card). The

fingerprints must be clear for accurate

classification and should be taken by

someone properly equipped to take

them: Provided, That the provisions of

this paragraph shall not apply to

individuals who have filed with ATF a

properly executed Application for

License under 18 U.S.C. Chapter 44,

Firearms, ATF Form 7 (5310.12) (12–93

edition), as specified in § 178.44(a).

Signed: February 10, 1995.

Daniel R. Black,

Acting Director.

Approved: February 27, 1995.

John P. Simpson,

Deputy Assistant Secretary, (Regulatory,

Tariff and Trade Enforcement).

[FR Doc. 95–8233 Filed 4–3–95; 4:18 pm]

BILLING CODE 4810–31–U

DEPARTMENT OF JUSTICE

28 CFR Part 0

[Civil Division Directive No. 14–95]

Redelegation by Civil Division of

Authority to Compromise Civil Claims

AGENCY: Department of Justice, Civil

Division.

ACTION: Final rule.

SUMMARY: This Directive implements a

recent Attorney General order that

increased settlement and compromise

authority that the Assistant Attorneys

General of the litigating divisions may

redelegate to United States Attorneys in

civil matters. This Directive, which

supersedes Civil Division Directive 176–

91, is being promulgated in order to

increase Department efficiency.

EFFECTIVE DATE: April 6, 1995.

FOR FURTHER INFORMATION CONTACT:

Robert M. Hollis, Assistant Director,

Commercial Litigation Branch, Civil

Division, Department of Justice, room

11022, 550 11th Street NW.,

Washington, DC 20530; (202) 307–1100.

SUPPLEMENTARY INFORMATION: This

Directive implements on behalf of the

Civil Division the increase in the dollar

amount of settlement authority which

the Assistant Attorneys General may

redelegate to United States Attorneys in

civil matters. This increase in United

States Attorney authority will further

the efficient operation of the

Department of Justice.

As a regulation related to internal

Department of Justice management, this

rule may become effective without

provision for public comment pursuant

to 5 U.S.C. § 553(b)(A). This Directive is

not a ‘‘significant regulatory action’’

under section 3(f) of Executive Order

12866 and, accordingly, it has not been

reviewed by the Office of Management

and Budget. Pursuant to 5 U.S.C.

§ 605(b), the Assistant Attorney General

for the Civil Division certifies that

because the effect of this Directive is

internal to the Department of Justice it

will not have a significant adverse

economic impact on a substantial

number of small business entities.