Proposed Rule2026-09163
Importing Dual-Use Frames, Receivers, or Barrels
Primary source
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Published
May 8, 2026
Issuing agencies
Justice DepartmentAlcohol, Tobacco, Firearms, and Explosives Bureau
Abstract
The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") proposes amending Department of Justice ("Department") regulations to clarify that federal firearms licensees ("FFLs") may lawfully import frames, receivers, or barrels that may be used on both sporting and non-sporting firearms ("dual-use frames, receivers, or barrels") if, at the time imported, there is an identified firearm sporting configuration for the frame, receiver, or barrel. Further, once the frame, receiver, or barrel is in the United States, a dual-use frame, receiver, or barrel may be used to assemble a sporting, non- sporting, or National Firearms Act ("NFA") firearm, provided assembling such firearm complies with other federal firearms laws.
Full Text
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<title>Federal Register, Volume 91 Issue 89 (Friday, May 8, 2026)</title>
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[Federal Register Volume 91, Number 89 (Friday, May 8, 2026)]
[Proposed Rules]
[Pages 25192-25201]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09163]
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DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms, and Explosives
27 CFR Part 478
[Docket No. ATF-2026-0070; ATF No. 2025R-09P]
RIN 1140-AA96
Importing Dual-Use Frames, Receivers, or Barrels
AGENCY: Bureau of Alcohol, Tobacco, Firearms, and Explosives,
Department of Justice.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Bureau of Alcohol, Tobacco, Firearms, and Explosives
(``ATF'') proposes amending Department of Justice (``Department'')
regulations to clarify that federal firearms licensees (``FFLs'') may
lawfully import frames, receivers, or barrels that may be used on both
sporting and non-sporting firearms (``dual-use frames, receivers, or
barrels'') if, at the time imported, there is an identified firearm
sporting configuration for the frame, receiver, or barrel. Further,
once the frame, receiver, or barrel is in the United States, a dual-use
frame, receiver, or barrel may be used to assemble a sporting, non-
sporting, or National Firearms Act (``NFA'') firearm, provided
assembling such firearm complies with other federal firearms laws.
DATES: Comments must be submitted in writing, and must be submitted on
or before (or, if mailed, must be postmarked on or before) August 6,
2026. Commenters should be aware that the federal e-rulemaking portal
comment system will not accept comments after midnight Eastern Time on
the last day of the comment period.
ADDRESSES: You may submit comments, identified by RIN 1140-AA96, by
either of the following methods--
<bullet> Federal e-rulemaking portal: <a href="https://regulations.gov">https://regulations.gov</a>.
Follow the instructions for submitting comments.
<bullet> Mail: ATF Rulemaking Comments; Mail Stop 6N-518, Office of
Regulatory Affairs; Enforcement Programs and Services; Bureau of
Alcohol, Tobacco, Firearms, and Explosives; 99 New York Ave. NE;
Washington, DC 20226; ATTN: ATF 1140-AA96.
Instructions: All submissions must include the agency name and
number (RIN 1140-AA96) for this notice of proposed rulemaking (``NPRM''
or ``proposed rule''). ATF may post all properly completed comments it
receives from either of the methods described above, without change, to
the federal e-rulemaking portal, <a href="https://www.regulations.gov">https://www.regulations.gov</a>. This
includes any personally identifying information (``PII'') or business
proprietary information (``PROPIN'') submitted in the body of the
comment or as part of a related attachment they want posted. Commenters
who submit through the federal e-rulemaking portal and do not want any
of their PII posted on the internet should omit it from the body of
their comment and any uploaded attachments that they want posted. If
online commenters wish to submit PII with their comment, they should
place it in a separate attachment and mark it at the top with the
marking ``CUI//PRVCY.'' Commenters who submit through mail should
likewise omit their PII or PROPIN from the body of the comment and
provide any such information on the cover sheet only, marking it at the
top as ``CUI//PRVCY'' for PII, or as ``CUI//PROPIN'' for PROPIN. For
detailed instructions on submitting comments and additional information
on the rulemaking process, see the ``Public Participation'' heading of
the SUPPLEMENTARY INFORMATION section of this document. In accordance
with 5 U.S.C. 553(b)(4), a summary of this rule may be found at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Commenters must submit comments by using one of
the methods described above, not by emailing the address set forth in
the following paragraph.
FOR FURTHER INFORMATION CONTACT: Office of Regulatory Affairs, by email
at <a href="/cdn-cgi/l/email-protection#9cd3cedddcfde8fab2fbf3ea"><span class="__cf_email__" data-cfemail="3f706d7e7f5e4b5911585049">[email protected]</span></a>, by mail at Office of Regulatory Affairs; Enforcement
Programs and Services; Bureau of Alcohol, Tobacco, Firearms, and
Explosives; 99 New York Ave. NE; Washington, DC 20226, or by telephone
at 202-648-7070 (this is not a toll-free number).
SUPPLEMENTARY INFORMATION:
I. Background
The Attorney General is responsible for enforcing the Gun Control
Act of 1968 (``GCA''), as amended. This responsibility includes the
authority to promulgate regulations necessary to enforce the provisions
of the GCA.\1\ See
[[Page 25193]]
18 U.S.C. 926(a). Congress and the Attorney General have delegated the
responsibility for administering and enforcing the GCA to the Director
of ATF (``Director''), subject to the direction of the Attorney General
and the Deputy Attorney General. See 28 U.S.C. 599A(b)(1), (c)(1); 28
CFR 0.130(a)(1)-(2); Treas. Order No. 221(2)(a), (d), 37 FR 11696-97
(June 10, 1972).\2\ Accordingly, the Department and ATF have
promulgated regulations to implement the GCA in 27 CFR part 478.
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\1\ Some GCA provisions still refer to the ``Secretary of the
Treasury.'' However, the Homeland Security Act of 2002, Public Law
107-296, 116 Stat. 2135, transferred the functions of ATF from the
Department of the Treasury to the Department of Justice, under the
general authority of the Attorney General. 26 U.S.C. 7801(a)(2); 28
U.S.C. 599A(c)(1). Thus, for ease of reference, this proposed rule
refers to the Attorney General where relevant.
\2\ In Attorney General Order Number 6353-2025, the Attorney
General delegated authority to the Director to issue regulations
pertaining to matters within ATF's jurisdiction, including under the
National Firearms Act, GCA, and Title XI of the Organized Crime
Control Act. ATF's jurisdiction also includes the Arms Export
Control Act and the Contraband Cigarette Trafficking Act.
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In November 2005, ATF published an open letter addressing the
importability of barrels that may be used on both sporting and non-
sporting firearms (``dual-use barrels'') under section 925(d)(3) and
determined that such barrels were importable only if used to assemble
importable firearms. See ATF Open Letter to Federally Licensed Firearms
Importers and Registered Importers of U.S. Munitions Import List
Articles (Nov. 22, 2005), <a href="https://www.atf.gov/file/84856/download">https://www.atf.gov/file/84856/download</a>
[<a href="https://perma.cc/QPD5-45GH">https://perma.cc/QPD5-45GH</a>]. While the 2005 open letter did not
specify the barrel's previous use as a factor in this analysis, ATF
considered previous use as a factor and denied permits to import
barrels that were formerly assembled on non-importable firearms (i.e.,
NFA, non-sporting, or military surplus firearms). ATF made the sporting
determination for the barrel based on the firearm the barrel originated
from, not on its ability to be incorporated into a sporting firearm
configuration.
After inquiries from importers and based in part on the ubiquitous
nature of dual-use barrels, ATF reviewed its interpretation of 18
U.S.C. 925(d) regarding dual-use barrels and rescinded the November
2005 Open Letter on June 23, 2025, when it published ATF Ruling 2025-
1.\3\
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\3\ ATF Ruling 2025-1, Importing Dual-Use Barrels (June 23,
2025), <a href="https://www.atf.gov/firearms/docs/ruling/atf-ruling-2025-1-importing-dual-use-barrels/download">https://www.atf.gov/firearms/docs/ruling/atf-ruling-2025-1-importing-dual-use-barrels/download</a> [<a href="https://perma.cc/9G4S-BB6R">https://perma.cc/9G4S-BB6R</a>].
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II. Proposed Rule
ATF is proposing to codify ATF Ruling 2025-1 in the regulations
that implement the GCA. Additionally, as ATF Ruling 2025-1 was specific
only to dual-use barrels, ATF is proposing to extend the dual-use
analysis contained in Ruling 2025-1 to frames and receivers. Section
925(d)(3) makes it unlawful to ``import any frame, receiver, or barrel
of such firearm which would be prohibited if assembled.'' As described
in further detail below, the statutory inclusion of frames, receivers,
or barrels within the same clause within section 925(d)(3) requires a
consistent analysis. This proposal is to clarify that (1) a frame,
receiver, or barrel may be lawfully imported if, at the time it is
imported, there is an identified firearm sporting configuration for the
frame, receiver, or barrel, regardless of whether that frame, receiver,
or barrel had been previously configured on non-sporting, military
surplus, or NFA firearms; and (2) a frame, receiver, or barrel that is
imported because there is an identified firearm sporting configuration
at the time of importation may be used to assemble a sporting, non-
sporting, or NFA firearm, provided assembling such firearm complies
with 18 U.S.C. 922(r) and the NFA, 26 U.S.C. chapter 53, as applicable.
A. Importing Dual-Use Frames, Receivers, or Barrels
The GCA makes it unlawful for any person knowingly to import or
bring into the United States any firearm. 18 U.S.C. 922(l). Certain
exceptions to this general prohibition are enumerated under section
925(d). Section 925(d)(3) provides that the Attorney General shall
authorize a firearm to be imported if it ``is generally recognized as
particularly suitable for or readily adaptable to sporting purposes''
and it does not fall within the definition of a firearm under the NFA
or is not a surplus military item. Further, section 925(d)(3) makes it
unlawful to import ``any frame, receiver, or barrel of such firearm
which would be prohibited if assembled.'' Even though frames and
receivers are included in the definition of ``firearm'' under 18 U.S.C.
921(a)(3), those that were used on a non-sporting firearm that would
otherwise be non-importable under 925(d)(3) may still be imported as a
sporting firearm as long as they can be used in a sporting
configuration. For example, there are standard AR-15 or AK receivers,
which are ``firearms'' under section 921(a)(3), that can be used on
non-sporting firearms. However, this rule would clarify that those
frames and receivers may be imported as sporting firearms because they
can be used on firearms for which there is a sporting configuration. By
contrast, a receiver for a 20mm Lahti, an anti-tank rifle, is not a
sporting firearm and also cannot be configured for use on other
sporting firearms, therefore this type of receiver cannot be imported
because it is not dual use. This frame, receiver, or barrel import
restriction is limited to those components of such firearms, i.e., non-
sporting, military surplus, and NFA firearms, ``which would be
prohibited if assembled.'' ATF has determined that section 925(d)(3)
requires a consistent standard to determine whether a frame, receiver,
or barrel may be imported.
ATF has concluded that the plain language of the statute does not
require a distinction between frames, receivers, or barrels that were
formerly used on non-importable firearms. Rather, the restriction on
importing frames, receivers, or barrels should look to whether the
frame, receiver, or barrel may be assembled in a sporting
configuration. Thus, if, at the time the item is being imported, there
is an identified sporting configuration for which the frame, receiver,
or barrel may be used, it is sporting and may be imported. In other
words, the frame, receiver, or barrel remains importable, even if there
are other non-sporting configurations for which it could be used.
The Attorney General has some discretion, which has been delegated
to ATF, within statutory bounds, to determine what is generally
recognized as particularly suitable for sporting purposes. See 18
U.S.C. 925(d)(3). ATF has tentatively determined that dual-use barrels
are particularly suitable for sporting purposes because firearms
technology has progressed over the past 20 years.\4\ Many parts,
including frames, receivers, or barrels, are modular. This modularity
allows the same frame, receiver, or barrel to be used in both sporting
and non-sporting firearm configurations. Because dual-use frames,
receivers, or barrels are now a significantly larger portion of the
market than in 2005, ATF is proposing to permit dual-use frames,
receivers, or barrels to be lawfully imported.
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\4\ See ATF Ruling 2025-1, p. 2.
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B. Assembling With Dual-Use Frames, Receivers, or Barrels
The post-importation use of frames, receivers, or barrels is
addressed in a different section of the GCA, 18 U.S.C. 922(r). That
provision does not prohibit using imported frames, receivers, or
barrels to assemble non-sporting or NFA firearms. Rather, section
922(r) provides that it ``shall be unlawful for any person to assemble
from imported parts any semiautomatic rifle or any shotgun which is
identical to any rifle or
[[Page 25194]]
shotgun prohibited from importation under section 925(d)(3).'' Section
925(d)(3) and section 922(r) work in conjunction to prevent the
importing of non-sporting firearms. It is unlawful to import a non-
sporting firearm under 925(d)(3), whereas 922(r) prohibits the domestic
assembly of that same non-sporting firearm from imported component
parts. This prevents the foreign disassembly; importation of the
component parts; and subsequent domestic reassembly of non-sporting
firearms. Accordingly, once the frames, receivers, or barrels are
determined to have a legitimate sporting use, they may be lawfully
imported, and once lawfully imported, they may be used to assemble
firearms in compliance with the provisions of section 922(r).
C. Proposed Changes
This proposed rule would amend 27 CFR part 478 to clarify frames,
receivers, or barrels that may be used on both sporting and non-
sporting firearms may be lawfully imported into the United States if,
at the time imported, there is an identified firearm sporting
configuration for the frame, receiver or barrel, that such items may be
used for the lawful assembly of firearms once they are imported. The
proposed rule therefore would amend language at Sec. 478.39 pertaining
to the regulations on the domestic assembly of non-importable firearms
and at Sec. Sec. 478.112, 478.113, 478.113a, and 478.114 pertaining to
the process for importing firearms.
First, the proposed rule would add new paragraph (d) to Sec.
478.39 to clarify that a frame, receiver, or barrel that has been
imported because there is an identified firearm sporting configuration
at the time it was imported can be used to assemble a sporting or non-
sporting or NFA firearm, provided that the assembly of such firearm
complies with 18 U.S.C. 922(r), and the NFA, 26 U.S.C. chapter 53, as
applicable. This amendment would codify the ATF Ruling 2025-1
determination that once a lawfully imported barrel is in the United
States, it can be used to assemble a sporting, non-sporting, or NFA
firearm and extend that concept to a frame or receiver, so long as
assembly of the firearm complies with 18 U.S.C. 922(r), and the NFA, 26
U.S.C., chapter 53, as applicable.
Second, the proposed rule would amend Sec. 478.112(b)(1)(vii)(F).
It currently provides that a licensed importer must explain in the
Application and Permit for Importation of Firearms, Ammunition and
Defense Articles (ATF Form 6 Part I (5330.3A) (``ATF Form 6, part I'')
why the barrel for a handgun is particularly suitable for or readily
adaptable to sporting purposes. The rule would revise paragraph
(b)(1)(vii)(F) to provide that if a licensee is importing a frame,
receiver, or barrel, the licensee must include on the Form 6, part I an
explanation of why the item has a configuration that is generally
recognized as particularly suitable for, or readily adaptable to,
sporting purposes (e.g., if, at the time it is imported, there is an
identified firearm sporting configuration for the frame, receiver, or
barrel, regardless of whether that frame, receiver, or barrel had been
previously configured on non-sporting firearms, military surplus, or
firearms regulated under 27 CFR part 479). The proposed rule would also
make a minor amendment to the section heading of Sec. 479.112 from
``Importation by a licensed importer'' to ``Importing by a licensed
importer.''
Third, the proposed rule would redesignate current paragraph (a)
under Sec. 478.113, which provides the import permit requirements for
licensees other than licensed importers. The amendment would
redesignate current paragraph (a) as paragraph (a)(1), and add the
words frame and receiver in the third and fourth sentences that
currently address the specific conditions when handgun barrels may be
imported. The rule would also add new paragraph (a)(2) to state: For
purposes of importing under this section, a firearm, frame, receiver,
or barrel may be considered particularly suitable for or readily
adaptable to sporting purposes, if at the time it is imported, there is
an identified firearm sporting configuration for the frame, receiver,
or barrel, regardless of whether that frame, receiver, or barrel had
been previously configured on non-sporting firearms, military surplus,
or firearms regulated under 27 CFR part 479.
The proposed rule would further revise Sec. 478.113(b)(1)(vi)(F).
It currently provides that a licensee other than an importer must
explain in the ATF Form 6, part I why the barrel is particularly
suitable for or readily adaptable to sporting purposes. The amended
subparagraph would require that if the licensee is importing a firearm,
frame, receiver, or barrel, the ATF Form 6, part I must explain why the
frame, receiver, or barrel is generally recognized as particularly
suitable for or readily adaptable to sporting purposes. ATF is also
proposing minor plain writing and other technical amendments to Sec.
478.113, including updating the section heading from ``Importation by
other licensees'' to ``Importing by other licensees,'' and to
paragraphs (b) and (c), which have no substantive changes, to make the
instructions easier to read, reduce passive voice, and update form
numbers and names.
Fourth, the proposed rule would amend Sec. 478.113a, which governs
importation of firearm barrels by non-licensees.\5\ The amendment would
redesignate current paragraph (a) as new paragraph (a)(1) and add new
paragraph (a)(2) to state: For purposes of importing under this
section, a firearm barrel may be considered particularly suitable for
or readily adaptable to sporting purposes if, at the time it is
imported, there is an identified firearm sporting configuration for the
barrel, regardless of whether that barrel had been previously
configured on non-sporting firearms, military surplus, or firearms
regulated under 27 CFR part 479. ATF is also proposing minor plain
writing and other technical amendments to Sec. 478.113a, including
updating the section heading from ``Importation of firearm barrels by
nonlicensees'' to ``Importing firearm barrels by non-licensees'' and
revising paragraphs (b) and (c), which have no substantive changes, to
make the instructions easier to read, reduce passive voice, and update
form numbers and names.
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\5\ The proposed rule does not add ``frame'' or ``receiver'' to
Sec. 478.113a as it did with Sec. Sec. 478.112 and 478.113
pertaining to importing by licensees because the GCA prohibits non-
licensees from receiving firearms from out of their state of
residence without first receiving it through a licensee. See 18
U.S.C. 922 (a)(2)-(3), (a)(5).
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Finally, the proposed rule would amend Sec. 478.114 regarding
firearms imported by members of the U.S. Armed Forces. The amendments
would redesignate current paragraph (a) as paragraph (a)(1), and add
new paragraph (a)(2) to state: For purposes of this section, a frame or
receiver may be considered particularly suitable for or readily
adaptable to sporting purposes if, at the time it is imported, there is
an identified firearm sporting configuration for the frame or receiver,
regardless of whether it had been previously configured on non-sporting
firearms, military surplus, or firearms regulated under 27 CFR part
479. The proposed rule also would redesignate current paragraphs (a)(1)
as paragraph (b)(1) and the current paragraph (a)(2) as paragraph
(b)(2); redesignate current paragraph (b) as paragraph (c); and
redesignate current paragraph (c) as paragraph (d). Additionally, ATF
is also proposing minor plain writing and other technical amendments to
Sec. 478.114, including updating the section heading from
``Importation by members of the U.S. Armed Forces'' to ``Importing by
members of the U.S. Armed Forces'' and to paragraphs (b), (c), and (d)
as
[[Page 25195]]
redesignated by this proposed rule which have no substantive changes,
to make the instructions easier to read, reduce passive voice, and
update form numbers and names
III. Statutory and Executive Order Review
A. Executive Orders 12866 and 13563
Executive Order 12866 (Regulatory Planning and Review) directs
agencies to assess the costs and benefits of available regulatory
alternatives and, if regulation is necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13563 (Improving Regulation and Regulatory Review)
emphasizes the importance of agencies quantifying both costs and
benefits, reducing costs, harmonizing rules, and promoting public
flexibility.
This rule amends provisions in 27 CFR part 478 to clarify lawfully
importing and assembling dual-use frames, receivers, or barrels. These
amendments would extend and codify the existing process ATF uses under
ATF Ruling 2025-1 for importing and assembling with dual-use barrels
and further extends such analysis to dual-use frames and receivers.
The Office of Management and Budget (``OMB'') has determined that,
although this proposed rule would not be economically significant under
section (3)(f)(1) of Executive Order 12866, this proposed rule would be
a ``significant regulatory action'' under the Order. OMB has therefore
reviewed this rule. This rulemaking provides qualitative benefits to
various groups within the firearms industry, as described below, by
providing more flexibility in complying with statutes and existing
regulatory standards, but ATF does not have sufficient information to
calculate quantifiable savings.
The regulatory flexibility provided by this proposed rule may apply
to 1,666 importers (Type 08 FFLs) because they now have greater sources
for frames, receivers, and barrels, but also 21,499 (Type 07 FFLs)
domestic manufacturers to the extent that domestic manufacturers may
use a subset of foreign components (regulated and non-regulated) to
complete the manufacture of a complete weapon, which may ultimately
reduce their overall cost to manufacture a firearm. Furthermore,
sellers of firearms parts or components (e.g., sellers of firearm
barrels) may also benefit in that they have more options from which
they can acquire barrels that they would now be able to sell on the
market.
However, an unknown subset of domestic manufacturers may be
adversely affected with increased competition of frames, receivers, or
barrels that come in from abroad. ATF does not regulate manufacturers
of firearm parts or components such as barrels. They do not need to
apply for a federal firearms license nor abide by any record keeping
requirements that ATF enforces. While manufacturers of frames or
receivers would be FFLs because those are firearms under the law, ATF
is unable to determine from license applications the specific models or
types of firearms a licensee would produce. Thus, ATF does not have any
additional information on these companies, much less their overall
revenue or the accessories (or firearms parts) that they may
manufacture.
To the extent that this rule may benefit or adversely affect these
types of companies, ATF requests more information from the public
regarding the potential economic effects that this rulemaking may have
on the ATF regulated industries, such as importers and manufacturers,
and on non-regulated firearms industries, such as manufacturers or
retailers of firearm parts or components. Specifically, ATF is
interested in learning whether there are domestic companies that only
manufacture frames, receivers, or barrels. If so, ATF would like to
know how this proposed rule could affect your overall business and
revenue. ATF is also interested in learning from importers about how
they may be positively or negatively affected by this rule. ATF is also
soliciting comment from domestic firearms manufacturers if there are
benefits they would incur from having more imported sources of dual-use
frames, receivers, or barrels. For example, ATF is interested to know
if domestic firearms manufacturers might save on costs incurred to
produce complete weapons if they had access to more imported frames,
receivers, barrels, or if they would alter certain business practices.
ATF considered various alternatives, including maintaining the
status quo. Maintaining the status quo would allow the continued
importing of dual-use barrels based on the existing ruling issued in
2025. However, the ruling did not address dual-use frames or receivers.
ATF considered continuing this alternative and rejected it because
other alternatives provide greater flexibility at the same cost and
because there was no statutory basis to treat dual-use frames or
receivers different from dual-use barrels.
ATF considered issuing updated guidance to allow for the importing
of dual-use frames and receivers in addition to the guidance to allow
dual-use barrels. While ATF could issue new interpretive guidance
instead of a regulation, guidance does not have the force and effect of
regulation; therefore, ATF did not proceed with this alternative.
ATF considered putting forth this proposed rule to revise its
importing regulations to make clear that frames, receivers, or barrels
may be imported by licensees so long as, if at the time they are
imported, there is an identified sporting configuration for the frames,
receivers, or barrels regardless of whether those frames, receivers, or
barrels had been previously configured on non-sporting or NFA firearms
previously. This proposed rule also made this analysis clear, as
applicable, with respect to non-licensees importing barrels and members
of the U.S. Armed Forces bringing frames or receivers back into the
United States under certain conditions. This alternative was accepted
because it has the force and effect of law and provides greater
flexibility for members of the regulated firearms community and non-
regulated members of the firearms community.
B. Executive Order 14192
Executive Order 14192 (Unleashing Prosperity Through Deregulation)
requires an agency, unless prohibited by law, to identify at least ten
existing regulations to be repealed or revised when the agency publicly
proposes for notice-and-comment or otherwise promulgates a new
regulation that qualifies as an Executive Order 14192 regulatory action
(defined in OMB Memorandum M-25-20 as a final significant regulatory
action under section 3(f) of Executive Order 12866 that imposes total
costs greater than zero). In furtherance of this requirement, section
3(c) of Executive Order 14192 requires that any new incremental costs
associated with such new regulations must, to the extent permitted by
law, also be offset by eliminating existing costs associated with at
least ten prior regulations. However, although it would be a
significant regulatory action as defined by Executive Order 12866, this
proposed rule would not be an Executive Order 14192 regulatory action
because it would not impose total costs greater than zero. This
proposed rule would expand the kinds of frames, receivers, or barrels
that importers could bring into the country. It would impose no costs.
In addition, ATF expects this rule, if finalized as proposed, to
qualify as an Executive Order 14192 deregulatory action (defined by OMB
[[Page 25196]]
Memorandum M-25-20 as a final action that imposes total costs less than
zero).
C. Executive Order 14294
Executive Order 14294 (Fighting Overcriminalization in Federal
Regulations) requires agencies promulgating regulations with criminal
regulatory offenses potentially subject to criminal enforcement to
explicitly describe the conduct subject to criminal enforcement, the
authorizing statutes, and the mens rea standard applicable to each
element of those offenses. This proposed rule would not create a
criminal regulatory offense and is thus exempt from Executive Order
14294 requirements.
D. Executive Order 13132
This proposed rule would not have substantial direct effects on the
states, the relationship between the federal government and the states,
or the distribution of power and responsibilities among the various
levels of government. Therefore, in accordance with section 6 of
Executive Order 13132 (Federalism), the Director has determined that
this proposed rule would not impose substantial direct compliance costs
on state and local governments, preempt state law, or meaningfully
implicate federalism. It thus does not warrant preparing a federalism
summary impact statement.
E. Executive Order 12988
This proposed rule meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of Executive Order 12988 (Civil Justice
Reform).
F. Regulatory Flexibility Act
Under the Regulatory Flexibility Act (``RFA''), 5 U.S.C. 601-612,
agencies are required to conduct a regulatory flexibility analysis of
any proposed rule subject to notice-and-comment rulemaking requirements
unless the head agency certifies, including a statement of the factual
basis, that the proposed rule would not have a significant economic
impact on a substantial number of small entities. Small entities
include certain small businesses, small not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of fewer than
50,000.
ATF performed an initial regulatory flexibility analysis of the
potential impacts on small businesses and other entities that would
occur due to this proposed rule, if finalized as proposed.
Initial Regulatory Flexibility Analysis (``IRFA'')
The RFA establishes ``as a principle of regulatory issuance that
agencies shall endeavor, consistent with the objectives of the rule and
of applicable statutes, to fit regulatory and informational
requirements to the scale of the businesses, organizations, and
governmental jurisdictions subject to regulation. To achieve this
principle, agencies are required to solicit and consider flexible
regulatory proposals and to explain the rationale for their actions to
ensure that such proposals are given serious consideration.'' Public
Law 96-354, sec. 2(b), 94 Stat. 1164 (1980).
Under the RFA, the agency is required to consider whether the
proposed rule would have a significant economic impact on a substantial
number of small entities. Agencies must perform a review to determine
whether the proposed rule would have such an impact. If the agency
determines that it would, the agency must prepare an IRFA (or a
regulatory flexibility analysis for a final rule) as described in the
Act. ATF prepared the following IRFA assessing the proposed rule's
impact on small entities.
1. Describing the reasons why the agency is considering taking
action.
ATF is proposing this rule to increase the types of frames,
receivers, or barrels available to the public, which would also benefit
importers with more range and sources for income, and consumers with
more options. ATF does not anticipate this rule creating significant
economic cost for small entities, as this rule would have deregulatory
savings that would be beneficial to FFLs importing firearms and firearm
parts.
2. Succinctly stating the objectives of, and legal basis for, the
proposed rule.
The objective of this proposed rulemaking is to reduce the
regulatory burden on importers and the public by streamlining
requirements to allow dual-use frames, receivers, or barrels to be
imported for use on GCA or NFA firearms.
3. Describing and, where feasible, estimating the number of small
entities to which the proposed rule would apply.
Based on ATF's Federal Firearms Licensing Center, there are 1,666
FFL importers (Type 08 FFLs) that could be impacted by this rule. Most
FFLs are considered small businesses as defined by the Small Business
Administration. Assuming that Type 08 FFL importers track the size of
FFLs more generally, the majority of these importers are likely to be
small businesses, per the Small Business Administration's size
standard, because the majority of FFLs are small businesses. However,
this rule is deregulatory and the 1,666 FFL importers that could be
impacted by this rule would benefit due to increased opportunities as
they would have more foreign sources from which to acquire frames,
receivers, or barrels. This rule may also have a potential benefit to
approximately 21,499 firearms manufacturers (Type 07s FFLs) to the
extent that they import a subset of their components (such as the frame
or receiver or barrel) rather than manufacture those same components
domestically. To the extent that these domestic manufacturers import
certain parts of their firearms in order to manufacture a whole
firearm, having additional sources of firearm parts may reduce their
overall expenditures in the overall manufacture of the firearm.
However, this proposed rule may indirectly and adversely affect an
unknown subset of firearm parts/components companies that only
manufacture or sell frames, receivers, or barrels to the public. These
firearms parts/component companies are not required to apply for a
firearms license in order to manufacture or sell these items, and ATF
does not know the extent or size of this industry that would otherwise
be indirectly or adversely affected by this proposed rule. As mentioned
above in section III.A of this preamble, ATF requests public comment
from regulated and non-regulated firearms industry members.
While the majority of these manufacturers are also likely to be
small, it is unlikely that the majority of these manufacturers sell
only frames, receivers, or barrels and do not deal or otherwise retail
in whole firearms; therefore, the overall indirect effect to these
manufacturers may be small. ATF requests public comment regarding the
overall impact to manufacturers of firearms, particularly those that
deal only in frames, receivers, or barrels.
4. Describing the proposed rule's projected reporting, record-
keeping, and other compliance requirements, including an estimate of
the classes of small entities which would be subject to the requirement
and the type of professional skills necessary to prepare the report or
record.
There are no additional requirements or costs imposed by this
proposed rule. This rule would remove costs and burdens on the
regulated industry.
5. Identifying, to the extent practicable, all relevant federal
rules which might duplicate, overlap, or conflict with the proposed
rule.
[[Page 25197]]
This proposed rule would not duplicate or conflict with other
federal rules.
6. Describing any significant alternatives to the proposed rule
which accomplish the stated objectives of applicable statutes and which
minimize any significant economic impact the proposed rule might have
on small entities.
ATF considered the alternative of maintaining the status quo, which
is either to continue restricting the import of dual-use frames,
receivers, or barrels or to continue to rely on the existing guidance
that only applies to dual-use barrels. However, the stated objective
would not be achieved. This regulation is the only way to achieve the
goal of allowing for the import of dual-use frames, receivers, and
barrels.
The Director certifies, after consideration, that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule is deregulatory and would
not impose any additional costs.
G. Unfunded Mandates Reform Act of 1995
This proposed rule would not include a federal mandate that might
result in the expenditure by state, local, and tribal governments, in
the aggregate, or by the private sector, of $100 million or more in any
one year, and it would not significantly or uniquely affect small
governments. Therefore, ATF has determined that no actions are
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
H. Paperwork Reduction Act of 1995
Under the Paperwork Reduction Act of 1995 (``PRA''), 44 U.S.C.
3501-3521, agencies are required to submit to OMB, for review and
approval, any information collection requirements a rule creates or any
impacts it has on existing information collections. An information
collection includes any reporting, record-keeping, monitoring, posting,
labeling, or other similar actions an agency requires of the public.
See 5 CFR 1320.3(c). This proposed rule involves three information
collections under the PRA. These information collections, OMB control
number 1140-0005, ATF Form 5330.3A, Application/Permit to Import
Firearms, Ammunition, and Defense Articles (``Form 6, part I''), OMB
control number 1140-0006, ATF Form 5330.3B, Application and Permit to
Import Firearms, Ammunition, and Defense Articles (``Form 6, part
II''), and OMB control number 1140-0007, ATF Form 5330.3C, Releasing/
Receiving Imported Firearms, Ammunition, and Defense Articles (``Form
6A'').
Impacted ICR 1
Title: ATF Form 5330.3A, Application/Permit to Import Firearms,
Ammunition, and Defense Articles (``Form 6, part I'').
OMB control number: 1140-0005.
Summary of the information collection: Importation of firearms,
ammunition, and defense articles into the United States is subject to
the provision of 18 U.S.C. 925(d) and (e), 22 U.S.C. 2778, and 26
U.S.C. 5844. Except as provided, or specifically authorized by the
Attorney General, the importation of articles coming within the purview
of these statutes is restricted or prohibited. In general, the
importation of firearms is permitted only if the firearms meet certain
criteria and the Attorney General authorizes the importation.
Need for information and proposed use: Data provided on the Form 6,
part 1 allows ATF to determine if the article(s) described on the
application qualify for importation by the importer. It also serves as
authorization for the importer. The approved form also serves as
authorization for U.S. Customs and Border Protection to allow the
listed articles entry into the United States. Many importers use the
form for internal accounting purposes. Information may be disclosed to
other federal, state, foreign, and local law enforcement and regulatory
agency personnel, to verify information on the application. Disclosure
also aids them in the performance of their duties regarding the
enforcement and regulation of firearms and/or ammunition, where such
disclosure is not prohibited by law. The licensee is required to retain
this form permanently.
Description of the respondents affected by this proposed rule:
Importers and manufactures.
Number of respondents: 23,165 importers and manufacturers.
Frequency of response: As needed.
Number of responses: This proposed rule would increase the number
of responses by an unknown amount.
Response time estimate: 0.5 hours.
Burden of response: This proposed rule would decrease hourly burden
by an unknown amount.
Impacted ICR 2
Title: ATF Form 5330.3B, Application and Permit to Import Firearms,
Ammunition, and Defense Articles (``Form 6, part II'').
OMB control number: 1140-0006.
Summary of the information collection: 18 U.S.C. 925(a)(4) permits
the Attorney General to authorize, under certain conditions, a member
of the U.S. Armed Forces on active duty outside the U.S. (or who has
been on active duty outside the United States within the sixty-day
period immediately preceding the importation) to import firearms and
ammunition into the U.S. The implementing regulations at 27 CFR 478.114
prescribe the forms and procedures necessary to accomplish the import
permit requirements.
Need for information and proposed use: ATF uses this information
collection to verify the applicant's status as a member of the Armed
Forces and to determine whether the article(s) listed on the
application are allowed to be imported. The approved application then
serves as a permit for the applicant to import the article(s) described
on the form.
Description of the respondents affected by this proposed rule:
Members of the U.S. Armed Forces.
Number of respondents: 312.
Frequency of response: As needed.
Response time estimate: 0.5 hours.
Burden of response: This proposed rule may increase the total
hourly burden by an unknown amount.
Impacted ICR 3
Title: ATF Form 5330.3C, Release and Receipt of Imported Firearms,
Ammunition, and Defense Articles (``Form 6A'').
OMB control number: 1140-0007.
Summary of the information collection: Under 18 U.S.C. 925(a), 22
U.S.C. 2778, and 26 U.S.C. 5844, the importation of firearms,
ammunition and defense articles into the United States is restricted.
The importation of articles coming within the purview of these statutes
is prohibited. The statutes also require that persons engaged in the
business of importing such articles be licensed and/or registered.
Implementing regulations in 27 CFR parts, 447, 478, and 479, prescribe
the forms and procedures necessary to fulfill the import permit
requirements. Through these requirements, the law and regulations
establish a comprehensive system for regulating the importation of
firearms, ammunition, and defense articles.
Need for information and proposed use: The data provided by this
information collection request are used by ATF to determine if articles
imported meet the statutory and regulatory criteria for importation and
if the articles shown on the permit application have actually been
imported. ATF Form 6A serves as the certification of release
[[Page 25198]]
and receipt of the articles described on the permit application.
Description of the respondents affected by this proposed rule: FFLs
(registered importers, FFLs other than importers), members of the U.S.
Armed Forces, and persons not licensed by or registered with ATF.
Number of respondents: 23,165 importers and manufacturers.
Frequency of response: As needed.
Response time estimate: 0.583 hours.
Burden of response: This proposed rule would increase the total
hourly burden by an unknown amount.
IV. Public Participation
A. Comments Sought
ATF requests comments on the proposed rule from all interested
persons. ATF specifically requests comments on the clarity of this
proposed rule and how it may be made easier to understand. In addition,
ATF requests comments on the costs or benefits of the proposed rule,
specifically about the benefits or reduced burdens on importers who
would be able to import dual-use frames, receivers, or barrels if the
rule is finalized, and on the appropriate methodology and data for
calculating those costs and benefits.
All comments must reference this document's RIN 1140-AA96 and, if
handwritten, must be legible. If submitting by mail, you must also
include your complete first and last name and contact information. If
submitting a comment through the federal e-rulemaking portal, as
described in section IV.C of this preamble, you should carefully review
and follow the website's instructions on submitting comments. Whether
you submit comments online or by mail, ATF will post them online. If
submitting online as an individual, any information you provide in the
online fields for city, state, zip code, and phone will not be publicly
viewable when ATF publishes the comment on <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
However, if you include such personally identifying information (PII)
in the body of your online comment, it may be posted and viewable
online. Similarly, if you submit a written comment with PII in the body
of the comment, it may be posted and viewable online. Therefore, all
commenters should review section IV.B of this preamble,
``Confidentiality,'' regarding how to submit PII if you do not want it
published online. ATF may not consider, or respond to, comments that do
not meet these requirements or comments containing excessive profanity.
ATF will retain comments containing excessive profanity as part of this
rulemaking's administrative record, but will not publish such documents
on <a href="https://www.regulations.gov">https://www.regulations.gov</a>. ATF will treat all comments as
originals and will not acknowledge receipt of comments. In addition, if
ATF cannot read your comment due to handwriting or technical
difficulties and cannot contact you for clarification, ATF may not be
able to consider your comment.
ATF will carefully consider all comments, as appropriate, received
on or before the closing date.
B. Confidentiality
ATF will make all comments meeting the requirements of this
section, whether submitted electronically or on paper, and except as
provided below, available for public viewing on the internet through
the federal e-rulemaking portal, and subject to the Freedom of
Information Act (5 U.S.C. 552). Commenters who submit by mail and who
do not want their name or other PII posted on the internet should
submit their comments with a separate cover sheet containing their PII.
The separate cover sheet should be marked with ``CUI//PRVCY'' at the
top to identify it as protected PII under the Privacy Act. Both the
cover sheet and comment must reference this RIN 1140-AA96. For comments
submitted by mail, information contained on the cover sheet will not
appear when posted on the internet, but any PII that appears within the
body of a comment will not be redacted by ATF and may appear on the
internet. Similarly, commenters who submit through the federal e-
rulemaking portal and who do not want any of their PII posted on the
internet should omit such PII from the body of their comment and any
uploaded attachments. However, PII entered into the online fields
designated for name, email, and other contact information will not be
posted or viewable online.
A commenter may submit to ATF information identified as proprietary
or confidential business information by mail. To request that ATF
handle this information as controlled unclassified information
(``CUI''), the commenter must place any portion of a comment that is
proprietary or confidential business information under law or
regulation on pages separate from the balance of the comment, with each
page prominently marked ``CUI//PROPIN'' at the top of the page.
ATF will not make proprietary or confidential business information
submitted in compliance with these instructions available when
disclosing the comments that it receives, but will disclose that the
commenter provided proprietary or confidential business information
that ATF is holding in a separate file to which the public does not
have access. If ATF receives a request to examine or copy this
information, it will treat it as any other request under the Freedom of
Information Act (5 U.S.C. 552). In addition, ATF will disclose such
proprietary or confidential business information to the extent required
by other legal process.
C. Submitting Comments
Submit comments using either of the two methods described below
(but do not submit the same comment multiple times or by more than one
method). Hand-delivered comments will not be accepted.
<bullet> Federal e-rulemaking portal: ATF recommends that you
submit your comments to ATF via the federal e-rulemaking portal at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> and follow the instructions. Comments will
be posted within a few days of being submitted. However, if large
volumes of comments are being processed simultaneously, your comment
may not be viewable for up to several weeks. Please keep the comment
tracking number that is provided after you have successfully uploaded
your comment.
<bullet> Mail: Send written comments to the address listed in the
ADDRESSES section of this document. Written comments must appear in
minimum 12-point font size, include the commenter's first and last name
and full mailing address, and may be of any length. See also section
IV.B of this preamble, ``Confidentiality.''
D. Request for Hearing
Any interested person who desires an opportunity to comment orally
at a public hearing should submit his or her request, in writing, to
the Director within the 90-day comment period. The Director, however,
reserves the right to determine, in light of all circumstances, whether
a public hearing is necessary.
Disclosure
Copies of this proposed rule and the comments received in response
to it are available through the federal e-rulemaking portal, at <a href="https://www.regulations.gov">https://www.regulations.gov</a> (search for RIN 1140-AA96).
Severability
Consistent with the Administrative Procedure Act, the issues raised
in this proposed rule may be finalized, or not, independently of each
other, after consideration of comments received. ATF has determined
that this proposed rule implements and is fully consistent
[[Page 25199]]
with governing law. However, in the event this proposed rule is
finalized, if any provision of that final rule, an amendment or
revision made by that rule, or the application of such provision or
amendment or revision to any person or circumstance, is held to be
invalid or unenforceable by its terms, the remainder of that final
rule, the amendments or revisions made by that rule, and application of
the provisions of the rule to any person or circumstance shall not be
affected and shall be construed so as to give them the maximum effect
permitted by law.
List of Subjects in 27 CFR Part 478
Administrative practice and procedure, Arms and munitions, Exports,
Freight, Imports, Intergovernmental relations, Law enforcement
officers, Military personnel, Penalties, Reporting and record-keeping
requirements, Research, Seizures and forfeitures, Transportation.
For the reasons discussed in the preamble, the ATF proposes to
amend 27 CFR part 478 as follows:
PART 478--COMMERCE IN FIREARMS AND AMMUNITION
0
1. The authority citation for 27 CFR part 478 continues to read as
follows:
Authority: 5 U.S.C. 552(a); 18 U.S.C. 847, 921-931; 44 U.S.C.
3504(h).
0
2. Amend Sec. 478.39 by revising the heading and adding a new
paragraph (d), to read as follows:
Sec. 478.39 Assembling semiautomatic rifles or shotguns.
* * * * *
(d) A frame, receiver, or barrel that is imported because there is
an identified firearm sporting configuration at the time of importation
may be used to assemble a sporting or non-sporting firearm, or a
firearm regulated under 27 CFR part 479, provided assembling such
firearm complies with 18 U.S.C. 922(r), and the NFA, 26 U.S.C. chapter
53, as applicable.
0
3. Amend Sec. 478.112 by revising the heading and paragraph
(b)(1)(vii)(F) to read as follows:
Sec. 478.112 Importing by a licensed importer.
* * * * *
(b) * * *
(1) * * *
(vii) * * *
(F) If a frame, receiver, or barrel, an explanation of why the
frame, receiver, or barrel has a configuration that is generally
recognized as particularly suitable for or readily adaptable to
sporting purposes (e.g., if, at the time it is imported, there is an
identified firearm sporting configuration for the frame, receiver, or
barrel, regardless of whether that frame, receiver, or barrel had been
previously configured on non-sporting firearms, military surplus, or
firearms regulated under 27 CFR part 479).
* * * * *
0
4. Revise Sec. 478.113 to read as follows:
Sec. 478.113 Importing by other licensees.
(a)(1) No person other than a licensed importer (as defined in
Sec. 478.11) may engage in the business of importing firearms or
ammunition. Therefore, no firearm or ammunition may be imported or
brought into the United States or a possession thereof by any licensee
other than a licensed importer unless the Director issues a permit
authorizing the licensee to import the firearm or ammunition. No person
may import or bring into the United States or a possession thereof a
frame, receiver, or barrel not generally recognized as particularly
suitable for or readily adaptable to sporting purposes. Therefore, no
frame, receiver, or barrel shall be imported or brought into the United
States or possession thereof by any licensee other than a licensed
importer unless the Director issues a permit authorizing the licensee
to import the frame, receiver, or barrel.
(2) For purposes of importing under this section, a frame,
receiver, or barrel may be considered particularly suitable for or
readily adaptable to sporting purposes if, at the time it is imported,
there is an identified firearm sporting configuration for the frame,
receiver, or barrel, regardless of whether that frame, receiver, or
barrel had been previously configured on non-sporting firearms,
military surplus, or firearms regulated under 27 CFR part 479.
(b)(1) The licensee must submit an application for a permit, ATF
Form 5330.3A, Application/Permit to Import Firearms, Ammunition, and
Defense Articles, to import or bring a firearm, firearm barrel, or
ammunition into the United States or a possession thereof in triplicate
to the Director. The licensee must sign and date the application and
must include the information requested on the form, including:
(i) Licensee's name, address, telephone number, and license number
(including expiration date);
(ii) Country from which importing;
(iii) Foreign seller and foreign shipper's name and address;
(iv) Description of the firearm, firearm barrel, or ammunition
being imported, including:
(A) Manufacturer's name and address;
(B) Type (e.g., rifle, shotgun, pistol, revolver and, in the case
of ammunition only, ball, wadcutter, shot, etc.);
(C) Caliber, gauge, or size;
(D) Model;
(E) Barrel length, if a firearm or firearm barrel (in inches);
(F) Overall length, if a firearm (in inches);
(G) Serial number, if known;
(H) Whether the firearm is new or used;
(I) Quantity;
(J) Firearm, firearm barrel, or ammunition's unit cost;
(v) Specific purpose for importing, including final recipient
information if different from the applicant; and
(vi)(A) If a firearm or ammunition imported or brought in for
scientific or research purposes, a statement describing such purpose;
or
(B) If a firearm or ammunition for competition or training pursuant
to 10 U.S.C. chapter 401, a statement describing such intended use; or
(C) If an unserviceable firearm (other than a machine gun) being
imported as a curio or museum piece, a description of how it was
rendered unserviceable and an explanation of why it is a curio or
museum piece; or
(D) If a firearm other than a surplus military firearm, of a type
that does not fall within the definition of a firearm under 26 U.S.C.
5845(a), and is for sporting purposes, an explanation of why the
firearm is generally recognized as particularly suitable for or readily
adaptable to sporting purposes; or
(E) If ammunition being imported for sporting purposes, a statement
why the ammunition is particularly suitable for or readily adaptable to
sporting purposes; or
(F) If a frame, receiver, or barrel, an explanation of why the
frame, receiver, or barrel is generally recognized as particularly
suitable for or readily adaptable to sporting purposes.
(2)(i) If the Director approves the application, it serves as a
permit to import the firearm, firearm barrel, or ammunition, and the
licensee may continue to import such firearms, firearm barrels, or
ammunition under the approved application (permit) during the permit's
specified period. The Director will furnish the approved application
(permit) to the licensee and retain two copies for administrative use.
(ii) If the Director disapproves the application, ATF will notify
the licensee of the reason.
(c) A firearm, firearm barrel, or ammunition imported or brought
into the United States or a possession thereof under the provisions of
this section by a licensee may be released from
[[Page 25200]]
Customs custody to the licensee when the licensee presents a permit
from the Director to release the imported firearm, firearm barrel, or
ammunition.
(1) The licensee must prepare ATF Form 5330.3C, Release/Receipt of
Imported Firearms, Ammunition, and Defense Articles (``Form 6A''), in
duplicate, and furnish the original Form 6A to the Customs officer
releasing the firearm, firearm barrel, or ammunition. The Customs
officer will, after certification, send the Form 6A to the address
specified on the form.
(2) The Form 6A must contain the information requested on the form,
including the:
(i) Licensee's name, address, and license number;
(ii) Manufacturer's name;
(iii) Country in which manufactured;
(iv) Type;
(v) Model;
(vi) Caliber, gauge, or size;
(vii) Serial number in the case of firearms; and
(viii) Number of firearms, firearm barrels, or rounds of ammunition
released.
(Paragraph (b) approved by the Office of Management and Budget under
control number 1140-0005; paragraph (c) approved by the Office of
Management and Budget under control number 1140-0007)
0
5. Revise Sec. 478.113a to read as follows:
Sec. 478.113a Importing firearm barrels by non-licensees.
(a)(1) A permit will not be issued for a firearm barrel not
generally recognized as particularly suitable for or readily adaptable
to sporting purposes. No non-licensee may import or bring into the
United States or a possession thereof any firearm barrel unless the
Director issues a permit authorizing the non-licensee to import the
firearm barrel.
(2) For purposes of importing under this section, a firearm barrel
may be considered particularly suitable for or readily adaptable to
sporting purposes if, at the time it is imported, there is an
identified firearm sporting configuration for the barrel, regardless of
whether that barrel had been previously configured on non-sporting
firearms, military surplus, or firearms regulated under 27 CFR part
479.
(b)(1) The non-licensee must submit an application for a permit,
ATF Form 5330.3A, Application/Permit to Import Firearms, Ammunition,
and Defense Articles, to import or bring a firearm barrel into the
United States or a possession thereof, in triplicate, to the Director.
The non-licensee must sign and date the application and must include
the information requested on the form, including:
(i) Non-licensee's name, address, and telephone number;
(ii) Country from which importing;
(iii) Foreign seller and foreign shipper's name and address;
(iv) Description of the firearm barrel being imported, including:
(A) Manufacturer's name and address;
(B) Type (e.g., rifle, shotgun, pistol, revolver);
(C) Caliber, gauge, or size;
(D) Model;
(E) Barrel length (in inches);
(F) Quantity;
(J) Firearm barrel's unit cost;
(v) Specific purpose for importing, including final recipient
information if different from the non-licensee; and
(vi) An explanation of why the barrel is generally recognized as
particularly suitable for or readily adaptable to sporting purposes.
(2)(i) If the Director approves the application, it serves as a
permit to import the firearm barrel, and the non-licensee may continue
to import such firearm barrels under the approved application (permit)
during the permit's specified period. The Director will furnish the
approved application (permit) to the non-licensee and retain two copies
for administrative use.
(ii) If the Director disapproves the application, ATF will notify
the non-licensee of the reason.
(c) A firearm barrel imported or brought into the United States or
a possession thereof under the provisions of this section by a non-
licensee may be released from Customs custody to the person importing
the barrel when the person presents a permit from the Director to
release the imported firearm barrel.
(1) The person importing the barrel must prepare ATF Form 5330.3C,
Release/Receipt of Imported Firearms, Ammunition, and Defense Articles
(``Form 6A''), in duplicate, and furnish the original Form 6A to the
Customs officer releasing the firearm barrel. The Customs officer will,
after certification, send the Form 6A to the address specified on the
form.
(2) The Form 6A must contain the information requested on the form,
including the:
(i) Person importing the form's name, address, and license number;
(ii) Manufacturer's name;
(iii) Country in which manufactured;
(iv) Type;
(v) Model;
(vi) Caliber, gauge, or size; and
(viii) Number of firearm barrels released.
(Paragraph (b) approved by the Office of Management and Budget under
control number 1140-0005; paragraph (c) approved by the Office of
Management and Budget under control number 1140-0007)
0
6. Revise Sec. 478.14 to read as follows:
Sec. 478.114 Importing by members of the U.S. Armed Forces.
(a)(1) The Director may issue a permit authorizing the importation
of a firearm or ammunition into the United States to the place of
residence of any military member of the U.S. Armed Forces who is on
active duty outside the United States, or who has been on active duty
outside the United States within the 60-day period immediately
preceding the intended importation: Provided, That such firearm or
ammunition is generally recognized as particularly suitable for or
readily adaptable to sporting purposes and is intended for the personal
use of such member.
(2) For purposes of this section, a frame or receiver may be
considered particularly suitable for or readily adaptable to sporting
purposes if, at the time it is imported, there is an identified firearm
sporting configuration for the frame or receiver, regardless of whether
it had been previously configured on non-sporting firearms, military
surplus, or firearms regulated under 27 CFR part 479.
(b)(1) Military members must submit to the Director an ATF Form
5330.3B, Application/Permit to Import Firearms, Ammunition, and Defense
Articles (Military) (``Form 6, part II'') in triplicate, to import a
firearm or ammunition into the United States under this section. The
military members must sign and date the application and must provide
the information requested on the form, including:
(i) Applicant's name, current address, and telephone number;
(ii) Certification that transporting, receiving, or possessing the
firearm or ammunition would not violate any provision of the Act or any
state law or local ordinance where the applicant resides;
(iii) Country from which importing;
(iv) Foreign seller or shipper's name and address;
(v) Description of the firearm or ammunition being imported,
including:
(A) Manufacturer's name and address;
(B) Type (e.g., rifle, shotgun, pistol, revolver and, in the case
of ammunition only, ball, wadcutter, shot, etc.);
(C) Caliber, gauge, or size;
(D) Model;
(E) Barrel length, if a firearm (in inches);
(F) Overall length, if a firearm (in inches);
[[Page 25201]]
(G) Serial number;
(H) Whether the firearm is new or used;
(I) Quantity;
(J) Firearm or ammunition's unit cost;
(vi) Statement of specific purpose for importing, which is--
(A) For the applicant's personal use; and
(B) If a firearm, that it is not a surplus military firearm, that
it does not fall within the definition of a firearm under 26 U.S.C.
5845(a), and why the firearm is generally recognized as particularly
suitable for or readily adaptable to sporting purposes; or
(C) If ammunition, why it is generally recognized as particularly
suitable for or readily adaptable to sporting purposes;
(vii) Applicant's birthdate;
(viii) Applicant's rank or grade;
(ix) Applicant's residence address;
(x) Applicant's present foreign duty station or last foreign duty
station, as the case may be;
(xi) Date applicant was reassigned to a duty station within the
United States, if applicable; and
(xii) Applicant's military branch.
(2)(i) If the Director approves the application, it serves as a
permit to import the firearm or ammunition. The Director will furnish
the approved application (permit) to the applicant and retain two
copies for administrative use.
(ii) If the Director disapproves the application, ATF will notify
the applicant of the reason.
(c) Except as provided in paragraph (c)(3) of this section, a
firearm or ammunition imported into the United States under the
provisions of this section by the applicant may be released from
Customs custody to the applicant when the applicant presents a permit
from the Director to release the imported firearm or ammunition.
(1) The military member must prepare ATF Form 5330.3C, Release/
Receipt of Imported Firearms, Ammunition, and Defense Articles (``Form
6A'') and furnish the completed form to the Customs officer releasing
the firearm or ammunition. The Customs officer will, after
certification, send the Form 6A to the address specified on the form.
(2) The Form 6A must contain the information requested on the form,
including the:
(i) Military member's name and address;
(ii) Manufacturer's name;
(iii) Country in which manufactured;
(iv) Type;
(v) Model;
(vi) Caliber, gauge, or size;
(vii) Serial number in the case of firearms; and
(viii) If applicable, number of firearms or rounds of ammunition
released.
(3) When military members are on active duty outside the United
States, they may appoint, in writing, an agent to complete the
requirements in paragraphs (c)(1) and (2) of this section and collect
the firearm or ammunition on their behalf. The agents must provide the
written authorization and sufficient identification documents to the
Customs officer releasing the firearm or ammunition.
(d) Department of Defense provisions and procedures may authorize
U.S. military members to import firearms the Department of Defense
determines to be war souvenirs.
(Paragraph (b) approved by the Office of Management and Budget under
control number 1140-0006; paragraph (c) approved by the Office of
Management and Budget under control number 1140-0007)
Robert Cekada,
Director.
[FR Doc. 2026-09163 Filed 5-7-26; 8:45 am]
BILLING CODE 4410-FY-P
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</html>Indexed from Federal Register on May 8, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.