§ 479.111 Procedure.
(a) No firearm shall be imported or brought into the United States or any territory under its control or jurisdiction unless the person importing or bringing in the firearm establishes to the satisfaction of the Director that the firearm to be imported or brought in is being imported or brought in for:
(1) The use of the United States or any department, independent establishment, or agency thereof or any State or possession or any political subdivision thereof; or
(2) Scientific or research purposes; or
(3) Testing or use as a model by a registered manufacturer or solely for use as a sample by a registered importer or registered dealer.
The burden of proof is affirmatively on any
person importing or bringing the
firearm into the
United States or any territory under its control or jurisdiction to show that the
firearm is being imported or brought in under one of the above paragraphs. Any
person desiring to import or bring a
firearm into the
United States under this paragraph shall file with the
Director an application on Form 6 (Firearms), Application and Permit for
Importation of Firearms, Ammunition and Implements of War, in triplicate, executed under the penalties of perjury. The application shall show the information required by subpart G of
Part 478 of this chapter. A detailed explanation of why the
importation of the
firearm falls within the standards set out in this paragraph shall be attached to the application. The
person seeking to import or bring in the
firearm will be notified of the approval or disapproval of his application. If the application is approved, the original Form 6 (Firearms) will be returned to the applicant showing such approval and he will present the approved application, Form 6 (Firearms), to the
Customs officer at the port of
importation. The approval of an application to import a
firearm shall be automatically terminated at the expiration of two years from the date of approval unless, upon request, it is further extended by the
Director. If the
firearm described in the approved application is not imported prior to the expiration of the approval, the
Director shall be so notified. Customs officers will not permit release of a
firearm from Customs custody, except for
exportation, unless covered by an application which has been approved by the
Director and which is currently effective. The
importation or bringing in of a
firearm not covered by an approved application may subject the
person responsible to civil and criminal liabilities. (
26 U.S.C.
5861,
5871, and
5872.)
(b) Part 478 of this chapter also contains requirements and procedures for the importation of firearms into the United States. A firearm may not be imported into the United States under this part unless those requirements and procedures are also complied with by the person importing the firearm.
(c) The provisions of this subpart shall not be construed as prohibiting the return to the United States or any territory under its control or jurisdiction of a firearm by a person who can establish to the satisfaction of Customs that (1) the firearm was taken out of the United States or any territory under its control or jurisdiction by such person, (2) the firearm is registered to that person, and (3) if appropriate, the authorization required by Part 478 of this chapter for the transportation of such a firearm in interstate or foreign commerce has been obtained by such person.
[
36 FR 14256, Aug. 3, 1971. Redesignated at
40 FR 16835, Apr. 15, 1975, and amended by T.D. ATF-48,
44 FR 55843, Sept. 28, 1979; ATF-325,
57 FR 29787, July 7, 1992; ATF-26F,
79 FR 7396, Feb. 7, 2014]
