OPEN LETTER TO FEDERALLY LICENSED FIREARMS IMPORTERS
AND REGISTERED IMPORTERS OF U.S. MUNITIONS IMPORT LIST ARTICLES
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) strives to keep industry
members informed of relevant statutory and regulatory developments that may affect their day-to-
day business operations. The purpose of this open letter is to update licensed and registered
importers of firearms, ammunition and other regulated commodities on the lawful importation of
certain firearm barrels into the United States for commercial purposes.
In an open letter dated July 13, 2005, licensed and registered importers were advised that the
provisions of 18 U.S.C. § 925(d)(3) established the 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 to be
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.”
Importers were further advised that ATF has determined that the language of section 925(d)(3)
permits no exceptions that would allow the frames, receivers, or barrels for otherwise
nonimportable firearms to be imported into the United States. As a result, ATF would no longer
approve ATF Form 6 import permit 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 the repair or replacement of existing firearms, will be
allowed.
ATF recognizes that certain firearm barrels may be used to assemble either an importable or a
nonimportable firearm. With this fact in mind, ATF believes that such “dual use” barrels would
be eligible for importation into the United States under section 925(d)(3) for commercial
purposes, provided prospective importers of such barrels make representations indicating that
neither the importer nor subsequent purchasers of the barrels will use the barrels to assemble
nonimportable firearms. Importers of such barrels must provide sufficient information, e.g.,
specific model designation(s) of the firearm(s) that the barrels will be used to assemble, in the
“Specific Purpose of Importation” section of the ATF Form 6 that would enable ATF personnel
to establish that the barrels sought for importation are being imported for the assembly into
importable firearms. If the dual use barrels are being imported for resale to third parties, the
importer must state in the “Specific Purpose of Importation” section of the ATF Form 6 that
purchasers have been or will be advised that the barrels may only be used for assembly into
certain importable models and must list the specific models for which the barrels will be sold.
Inclusion of a model not known to be sporting may require the submission of a sample for
evaluation to determine if importation of the barrels will be approved.
The Firearms and Explosives Imports Branch staff is available to answer your questions about
the issues addressed in this letter. You may reach them by telephone at 202-927-8320 or by fax
at 202-927-2697.
![[rolleyes]](/xen/styles/default/xenforo/smilies.vb/042.gif "Roll Eyes [rolleyes]")
Bron in Sturbridge seems to know his stuff and I would expect him to help you.
![[sad]](/xen/styles/default/xenforo/smilies.vb/004.gif "Sad [sad]")
), both on NODAK receivers.
