Stormin Mormon
2005-07-16 12:17:58 UTC
Here it comes.
http://www.atf.gov/firearms/071305openletter.htm
U.S. Department of Justice
Bureau of Alcohol, Tobacco,
Firearms and Explosives
Assistant Director
Washington, DC 20226
www.atf.gov
July 13, 2005
OPEN LETTER TO FEDERALLY LICENSED FIREARMS IMPORTERS
AND REGISTERED IMPORTERS OF U.S. MUNITIONS IMPORT LIST ARTICLES
The purpose of this open letter is to provide important information to
importers concerning the lawful importation of certain frames, receivers and
barrels.
Importation of Frames, Receivers or Barrels of Firearms Under Title 18
U.S.C. § 925(d)(3)
Section 925(d) provides standards for the importation of firearms and
ammunition into the United States. In particular, section 925(d)(3) provides
that the Attorney General shall authorize a firearm to be imported if it
meets several conditions: (1) it is not defined as a firearm under the
National Firearms Act (NFA); (2) it is generally recognized as particularly
suitable for or readily adaptable to sporting purposes; and (3) it is not a
surplus military firearm. However, the subsection further provides that "in
any case where the Attorney General has not authorized the importation of
the firearm pursuant to this paragraph, it shall be unlawful to import any
frame, receiver, or barrel of such firearm which would be prohibited if
assembled."
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has determined
that the language of 18 U.S.C. § 925(d)(3) permits no exceptions that would
allow frames, receivers or barrels for otherwise non-importable firearms to
be imported into the United States. Accordingly, ATF will no longer approve
ATF Form 6 applications for importation of any frames, receivers, or barrels
for firearms that would be prohibited from importation if assembled. No
exceptions to the statutory language, for example for "repair or
replacement" of existing firearms, will be allowed.
ATF recognizes that importers have, in the past, obtained import permits
authorizing the importation of barrels and receivers for non-importable
firearms for "repair or replacement" and may have entered into contracts in
reliance upon such authorizations. In order to mitigate the impact of ATF's
change in import policy and to allow importers a reasonable period to come
into compliance, ATF will forgo enforcement of this import restriction for
60 calendar days and allow importers holding existing permits to continue to
import barrels and receivers for a period of 60 calendar days. ATF believes
this time period is adequate for importers who have entered into binding
contracts for the sale and shipment of such barrels and receivers to
complete the process of importing the items into the United States. ATF will
advise Customs and Border Protection that in no event should these permits
be accepted to release these items for entry into the United States after
September 10, 2005.
Importers are reminded that ATF previously approved permits for
non-importable barrels and receivers for repair or replacement only, and
this restriction was stamped on the face of the permit. Importers who import
such components for any purpose other than repair or replacement of existing
firearms, e.g., for assembly into new firearms, will be exceeding the scope
of the import authorization in violation of law. If ATF determines, through
inspection or otherwise, that an importer willfully violates the import
provisions of the GCA, the importer's license is subject to revocation
pursuant to 18 U.S.C. § 923(e).
Importers holding approved import permits for non-importable barrels and
receivers will receive a letter prior to September 10, 2005, advising them
that their permit has been suspended.
This determination affects importers as follows:
1. IF YOU SUBMIT A NEW APPLICATION TO IMPORT FRAMES, RECEIVERS AND BARRELS
ON OR AFTER THE DATE OF THIS LETTER, AND THE PERMIT IS FOR NONSPORTING
FIREARMS, SURPLUS MILITARY FIREARMS, OR NATIONAL FIREARMS ACT FIREARMS, ATF
WILL DENY YOUR APPLICATION.
2. IF YOU HAVE SUBMITTED AN APPLICATION TO IMPORT FRAMES, RECEIVERS AND
BARRELS THAT HAS NOT YET BEEN DENIED OR APPROVED BY ATF AND THE PERMIT IS
FOR NONSPORTING FIREARMS, SURPLUS MILITARY FIREARMS OR NATIONAL FIREARMS ACT
FIREARMS, ATF WILL DENY YOUR APPLICATION.
3. IF YOU ALREADY HOLD AN APPROVED PERMIT TO IMPORT FRAMES, RECEIVERS AND
BARRELS "FOR REPAIR OR REPLACEMENT," ATF WILL BE SENDING YOU A LETTER
EXPLAINING THAT YOUR PERMIT WILL BE SUSPENDED AFTER SEPTEMBER 10, 2005, AND
PROVIDING YOU WITH INFORMATION REGARDING YOUR RIGHT TO SUBMIT ARGUMENTS WHY
YOUR PERMIT SHOULD NOT BE REVOKED.
Maintaining open lines of communication is vital to the successful future of
ATF's partnership with the import community. The Firearms and Explosives
Imports Branch staff is available to answer your questions about the issues
addressed in this letter. You may reach us by phone at 202-927-8320 or by
fax at 202-927-2697. Additional information regarding this issue will be
provided on our Website at www.atf.gov.
Sincerely yours,
Signature of Lewis P. Raden
Lewis P Raden
Assistant Director
(Enforcement Programs and Services)
http://www.atf.gov/firearms/071305openletter.htm
U.S. Department of Justice
Bureau of Alcohol, Tobacco,
Firearms and Explosives
Assistant Director
Washington, DC 20226
www.atf.gov
July 13, 2005
OPEN LETTER TO FEDERALLY LICENSED FIREARMS IMPORTERS
AND REGISTERED IMPORTERS OF U.S. MUNITIONS IMPORT LIST ARTICLES
The purpose of this open letter is to provide important information to
importers concerning the lawful importation of certain frames, receivers and
barrels.
Importation of Frames, Receivers or Barrels of Firearms Under Title 18
U.S.C. § 925(d)(3)
Section 925(d) provides standards for the importation of firearms and
ammunition into the United States. In particular, section 925(d)(3) provides
that the Attorney General shall authorize a firearm to be imported if it
meets several conditions: (1) it is not defined as a firearm under the
National Firearms Act (NFA); (2) it is generally recognized as particularly
suitable for or readily adaptable to sporting purposes; and (3) it is not a
surplus military firearm. However, the subsection further provides that "in
any case where the Attorney General has not authorized the importation of
the firearm pursuant to this paragraph, it shall be unlawful to import any
frame, receiver, or barrel of such firearm which would be prohibited if
assembled."
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has determined
that the language of 18 U.S.C. § 925(d)(3) permits no exceptions that would
allow frames, receivers or barrels for otherwise non-importable firearms to
be imported into the United States. Accordingly, ATF will no longer approve
ATF Form 6 applications for importation of any frames, receivers, or barrels
for firearms that would be prohibited from importation if assembled. No
exceptions to the statutory language, for example for "repair or
replacement" of existing firearms, will be allowed.
ATF recognizes that importers have, in the past, obtained import permits
authorizing the importation of barrels and receivers for non-importable
firearms for "repair or replacement" and may have entered into contracts in
reliance upon such authorizations. In order to mitigate the impact of ATF's
change in import policy and to allow importers a reasonable period to come
into compliance, ATF will forgo enforcement of this import restriction for
60 calendar days and allow importers holding existing permits to continue to
import barrels and receivers for a period of 60 calendar days. ATF believes
this time period is adequate for importers who have entered into binding
contracts for the sale and shipment of such barrels and receivers to
complete the process of importing the items into the United States. ATF will
advise Customs and Border Protection that in no event should these permits
be accepted to release these items for entry into the United States after
September 10, 2005.
Importers are reminded that ATF previously approved permits for
non-importable barrels and receivers for repair or replacement only, and
this restriction was stamped on the face of the permit. Importers who import
such components for any purpose other than repair or replacement of existing
firearms, e.g., for assembly into new firearms, will be exceeding the scope
of the import authorization in violation of law. If ATF determines, through
inspection or otherwise, that an importer willfully violates the import
provisions of the GCA, the importer's license is subject to revocation
pursuant to 18 U.S.C. § 923(e).
Importers holding approved import permits for non-importable barrels and
receivers will receive a letter prior to September 10, 2005, advising them
that their permit has been suspended.
This determination affects importers as follows:
1. IF YOU SUBMIT A NEW APPLICATION TO IMPORT FRAMES, RECEIVERS AND BARRELS
ON OR AFTER THE DATE OF THIS LETTER, AND THE PERMIT IS FOR NONSPORTING
FIREARMS, SURPLUS MILITARY FIREARMS, OR NATIONAL FIREARMS ACT FIREARMS, ATF
WILL DENY YOUR APPLICATION.
2. IF YOU HAVE SUBMITTED AN APPLICATION TO IMPORT FRAMES, RECEIVERS AND
BARRELS THAT HAS NOT YET BEEN DENIED OR APPROVED BY ATF AND THE PERMIT IS
FOR NONSPORTING FIREARMS, SURPLUS MILITARY FIREARMS OR NATIONAL FIREARMS ACT
FIREARMS, ATF WILL DENY YOUR APPLICATION.
3. IF YOU ALREADY HOLD AN APPROVED PERMIT TO IMPORT FRAMES, RECEIVERS AND
BARRELS "FOR REPAIR OR REPLACEMENT," ATF WILL BE SENDING YOU A LETTER
EXPLAINING THAT YOUR PERMIT WILL BE SUSPENDED AFTER SEPTEMBER 10, 2005, AND
PROVIDING YOU WITH INFORMATION REGARDING YOUR RIGHT TO SUBMIT ARGUMENTS WHY
YOUR PERMIT SHOULD NOT BE REVOKED.
Maintaining open lines of communication is vital to the successful future of
ATF's partnership with the import community. The Firearms and Explosives
Imports Branch staff is available to answer your questions about the issues
addressed in this letter. You may reach us by phone at 202-927-8320 or by
fax at 202-927-2697. Additional information regarding this issue will be
provided on our Website at www.atf.gov.
Sincerely yours,
Signature of Lewis P. Raden
Lewis P Raden
Assistant Director
(Enforcement Programs and Services)