Proposed Rule2026-09164
Converting Temporary to Permanent Imports for Defense Articles
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 to amend Department of Justice ("Department") regulations regarding the permanent import provisions of the Arms Export Control Act ("AECA"). The proposed rule would allow importers to apply for ATF authorization to convert items imported temporarily-- under a Department of State ("DOS") authorization or under the entry clearance requirements for temporary imports in the Export Administration Regulations ("EAR") maintained by the Department of Commerce ("DOC")--to permanent imports in compliance with other applicable federal firearms laws, without having to export and then reimport the items.
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 25159-25166]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09164]
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DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms, and Explosives
27 CFR Parts 447 and 478
[Docket No. ATF-2026-0100; ATF No. 2025R-16P]
RIN 1140-AA68
Converting Temporary to Permanent Imports for Defense Articles
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 to amend Department of Justice (``Department'')
regulations regarding the permanent import provisions of the Arms
Export Control Act (``AECA''). The proposed rule would allow importers
to apply for ATF authorization to convert items imported temporarily--
under a Department of State (``DOS'') authorization or under the entry
clearance requirements for temporary imports in the Export
Administration Regulations (``EAR'') maintained by the Department of
Commerce (``DOC'')--to permanent imports in compliance with other
applicable federal firearms laws, without having to export and then
reimport the items.
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 number RIN 1140-AA68,
by either of the following methods--
<bullet> Federal e-rulemaking portal: <a href="https://www.regulations.gov">https://www.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-AA68.
Instructions: All submissions must include the agency name and
number RIN 1140-AA68 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#450a1704052431236b222a33"><span class="__cf_email__" data-cfemail="a6e9f4e7e6c7d2c088c1c9d0">[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, and the National Firearms Act
(``NFA''), as amended.\1\ This includes the authority to promulgate
regulations necessary to enforce the provisions of the GCA and NFA. See
18 U.S.C. 926(a); 26 U.S.C. 7801(a)(2)(A)(ii), 7805(a). The Attorney
General has delegated the responsibility for administering and
enforcing the GCA and NFA to the Director of ATF (``Director''),
subject to the direction of the Attorney General and the Deputy
Attorney General. See 28 CFR 0.130(a)(1)-(2).\2\ Accordingly, the
Department and ATF have promulgated regulations implementing both the
GCA and the NFA in 27 CFR parts 478, 479. In addition to enforcing and
administering the GCA and the NFA, ATF is responsible for enforcing and
administering the permanent import provisions of the Arms Export
Control Act (``AECA''), 22 U.S.C. 2778. Each of these laws restricts
importing certain firearms, ammunition, barrels, or defense articles.
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\1\ Some NFA and 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
NFA, GCA, and Title XI of the Organized Crime Control Act. ATF's
jurisdiction also includes those portions of section 38 of the Arms
Export Control Act pertaining to permanently importing defense
articles and defense services and the Contraband Cigarette
Trafficking Act.
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The GCA generally prohibits importing \3\ firearms (including
frames or receivers of firearms, firearm silencers, and destructive
devices), certain firearm barrels, and ammunition, 18 U.S.C. 922(l),
925(d)(3), except under certain circumstances, see 18 U.S.C. 925(a)(1),
(a)(4), (d), (e). The GCA does not define importing, but its
[[Page 25160]]
implementing regulations define it as ``[t]he bringing of a firearm or
ammunition into the United States; except that the bringing of a
firearm or ammunition from outside the United States into a foreign-
trade zone for storage pending shipment to a foreign country or
subsequent importation into this country, pursuant to this part, shall
not be deemed importation.'' 27 CFR 478.11 (definition of Importation).
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\3\ The GCA, NFA, and AECA use the older term ``importation,''
but in accord with the Plain Writing Act, ATF is updating its
regulations to use the term ``importing'' instead. The two terms
should be read as interchangeable.
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The NFA, which regulates machine guns, firearm silencers,
destructive devices, and a narrower class of other firearms than does
the GCA, see 26 U.S.C. 5845(a), further restricts the reasons for which
the items under its purview may be imported, see 26 U.S.C. 5844. Like
the GCA, the NFA does not define importing, but its implementing
regulations define it as ``[t]he bringing of a firearm within the
limits of the United States or any territory under its control or
jurisdiction, from a place outside thereof (whether such place be a
foreign country or territory subject to the jurisdiction of the United
States), with intent to unlade.'' 27 CFR 479.11 (definition of
Importation). The definition also exempts ``bringing a firearm from a
foreign country or a territory subject to the jurisdiction of the
United States into a foreign-trade zone for storage pending shipment to
a foreign country or subsequent importation into this country, under
Title 26 of the United States Code.'' Id.
Neither the GCA nor the NFA distinguishes between temporary
imports--items with a final destination outside of the United States--
and permanent imports--items with a final destination inside the United
States. As such, any imports brought into the United States for any
purpose and for any length of time, pursuant to Department of State
(``DOS''), Department of Commerce (``DOC''), or ATF authority, would
otherwise have to meet all applicable importing requirements of the GCA
and NFA, as well as any applicable customs laws and regulations. ATF
previously discussed the GCA and NFA requirements in ATF Ruling 2004-2,
Temporary Importation of Firearms Subject to the NFA. ATF regulations
implementing the GCA require that persons importing firearms into the
United States obtain an approved ATF Form 5330.3A, Application/Permit
to Import Firearms, Ammunition, and Defense Articles (``Form 6, part
I''), prior to bringing the firearms into the United States. 27 CFR
478.111-114. In order to release imported items from the custody of
U.S. Customs and Border Protection (``CBP''), the importer must prepare
ATF Form 5330.3C, Release/Receipt of Imported Firearms, Ammunition, and
Defense Articles (``Form 6A''). 27 CFR 478.112(c)(1). As set forth in
27 CFR 478.112(d)(2), within 15 days of a firearm's release from CBP,
the importer must mark imported firearms with the identifying markings
required by 27 CFR 478.92.
Similarly, regulations implementing the NFA require importers to
obtain an approved Form 6, part I, prior to importing NFA firearms. 27
CFR 479.111(a). In addition, the regulations require importers to
register the firearms they import by filing an ATF Form 5320.2, Notice
of Manufactured or Imported NFA Firearms (``Form 2'') under penalty of
perjury. 27 CFR 479.112(a). On the other hand, when exporting an NFA
firearm from the United States, the exporter must file an ATF Form
5320.9, Application/Permit to Permanently Export NFA Firearms (title of
which will be changing to ``Notice of Permanently Exported NFA
Firearms'') (``Form 9'') to obtain export authorization. 27 CFR
479.114-121.\4\
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\4\ ATF is issuing a separate rule proposing to amend its
regulations in 27 CFR part 479 to require that exporters of NFA
firearms submit a Form 9 as a notice to ATF after lawfully exporting
such firearms, rather than as an application that must be submitted
and approved prior to exporting.
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The AECA gives the President the authority to control exporting and
importing defense articles and defense services in furtherance of world
peace and the security and foreign policy of the United States. See 22
U.S.C. 2778(a)(1).\5\ Pursuant to 27 CFR 447.11, the term ``defense
article'' includes any item ATF designated on the U.S. Munitions Import
List (``USMIL''), see 27 CFR 447.21, as well as forgings, castings, and
machined bodies of articles on the USMIL, see 27 CFR 447.22. Almost all
items regulated by the GCA or NFA, with the exception of sporting
shotguns, are included on the USMIL and are therefore also subject to
AECA controls with respect to permanent imports. Certain items
regulated by the GCA or NFA are designated as defense articles by DOS
and subject to its AECA controls on exports and temporary imports,
while other USMIL defense articles are subject to DOC export controls
under the Export Control Reform Act of 2018 (``ECRA'') (codified, as
amended, at 50 U.S.C. 4801-4852).
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\5\ Pursuant to section 2778(a)(1) (often referred to as section
38(a)(1) of the AECA), items designated as defense articles and
defense services constitute the ``United States Munitions List'' for
purposes of the AECA. The AECA United States Munitions List consists
of items designated by ATF as defense articles and included on the
United States Munitions Import List (USMIL) at 27 CFR 447.21 for
purposes of permanent imports and items designated by DOS and
included on the U.S. Munitions List (USML) of the International
Traffic in Arms Regulations (``ITAR'') at 22 CFR 121.1 for purposes
of exports and temporary imports. Collectively, the USMIL at 27 CFR
447.21 and the USML at 22 CFR 121.1 constitute the United States
Munitions List for purposes of the AECA. In addition, all defense
articles controlled for export or import as part of the United
States Munitions List under the AECA are controlled under the ITAR
by DOS for purposes of brokering (see 22 CFR 129.1).
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By executive order, the President delegated to the Attorney General
authority under the AECA to control permanent imports of defense
articles and services. See E.O. 13637, sec. 1(n)(ii), 78 FR 16129 (Mar.
13, 2013). By regulation, the Attorney General has designated ATF as
the agency responsible for administering and enforcing the AECA
provisions on permanently importing defense articles and defense
services. See generally 27 CFR part 447.
The AECA, at 22 U.S.C. 2778(b)(2), states that, unless provided
otherwise in the regulations, defense articles cannot be permanently
imported without an importer's license issued in accordance with the
AECA and its regulations. The implementing regulations for the
permanent import provisions of the AECA currently define
``importation'' as ``[b]ringing into the United States from a foreign
country any of the articles on the [U.S. Munitions] Import List, but
shall not include intransit, temporary import or temporary export
transactions subject to Department of State controls under Title 22,
Code of Federal Regulations.'' 27 CFR 447.11 (definition of Import or
Importation). Before an importer may permanently import an item on the
USMIL (except for minor components of firearms, certain items imported
from Canada, and items related to nuclear weapons strategic delivery
systems), the importer must obtain a permit from ATF using ATF Form 6,
part I. See 27 CFR 447.41-42.
To temporarily import and subsequently export unclassified defense
articles, DOS regulations implementing the AECA generally require a
license for temporary import, DSP-61, unless otherwise exempted. See 22
CFR 123.3. For items listed on the USMIL that are subject to DOC's
export jurisdiction, the Export Administration Regulations (``EAR''),
15 CFR parts 730-774, specify entry clearance requirements for items
temporarily imported into the United States for subsequent export under
certain specified DOC authorizations. See 15 CFR 758.10. Where the
defense article is a firearm subject to the GCA or NFA, it must
generally comply with the requirements of those laws, even where the
import is not permanent. However, ATF Ruling 2004-2 provides an
[[Page 25161]]
alternate procedure that allows temporarily importing firearms into the
United States for inspecting, testing, calibrating, repairing, or
incorporating into another defense article without a Form 6, part I,
provided that the item would otherwise be permitted under the GCA and
NFA and is imported (i) in compliance with the ITAR license for
temporary import requirements, or (2) pursuant to exemption at 22 CFR
123.4.\6\ The alternate procedure under ATF Ruling 2004-2 requires the
importer to export the articles within four years after the articles
were imported into the United States and does not exempt the importer
from filing a Form 2 if the firearm is regulated by the NFA.
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\6\ ATF Ruling 2004-2 provides an alternate method or procedure
to comply with the regulations and was issued pursuant to the ATF
Director's authority under 27 CFR 478.22 and 479.26. See <a href="https://www.atf.gov/firearms/docs/2004-2-temporary-importation-firearms-subject-nfa/download">https://www.atf.gov/firearms/docs/2004-2-temporary-importation-firearms-subject-nfa/download</a> [<a href="https://perma.cc/R3C8-2GFH">https://perma.cc/R3C8-2GFH</a>]. Because it was
issued before controls for temporary imports and exports were
divided between DOS and DOC, the ruling mentions only DOS temporary
authorizations.
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II. Proposed Rule
A. Discussion
Recently, industry members have raised questions regarding the
alternative procedure set forth in ATF Ruling 2004-2. Specifically, ATF
has received questions regarding whether items initially imported
temporarily pursuant to DOS authorization, without a Form 6, part I,
but that could have been imported as permanent imports in the first
instance, may later be converted to permanently imported items. Neither
the regulations nor ATF Ruling 2004-2 address this situation. Thus, the
only options for items imported under this alternative procedure are
for them to be destroyed or exported and then re-imported. In cases
where a change in circumstances has rendered exporting the items
economically infeasible, such as when articles are damaged beyond
economical repair (i.e., the expense to repair the item exceeds its
replacement cost), importers must either export and then permanently
re-import the articles (which may be prohibitively expensive) or
destroy them (resulting in a total loss) to avoid violating the four-
year export window for temporarily imported items. This is true even
when parts of the damaged articles may be salvageable and have reuse or
resale value in the United States. Industry members have stated that
the lack of a process to easily and lawfully convert temporarily
imported items to permanently imported ones results in economic harm to
businesses, seemingly without any substantial benefit to public safety
or the economy.
B. Proposed Changes
ATF proposes amending the definition of ``Import or importation''
in 27 CFR 447.11 to indicate that importing (i.e., permanently
importing) occurs not only when an article is brought into the United
States as a permanent import, but also when an article, lawfully in the
United States pursuant to a DOS authorization or pursuant to meeting
DOC's entry clearance requirements for temporary imports under 15 CFR
758.10, is converted to remain in the United States permanently before
the DOS authorization expires or while still in compliance with 15 CFR
758.10 entry clearance requirements. This proposed change to the
definition would permit ATF to process a Form 6, part I, for items
currently in the United States as temporary imports and, if otherwise
authorized by law, permit the importer to convert these articles to
permanent imports. This would establish a clear process by which
importers could avoid unnecessary costs while ensuring that such
imports remain subject to ATF review and are in compliance with federal
law. Temporary imports of ITAR defense articles subject to DOS
authorization or defense articles subject to DOC EAR clearance
requirements would also remain subject to ITAR or EAR jurisdiction
until DOS or DOC, respectively, recognizes a change in end user or end
use.
ATF also proposes amending 27 CFR 447.42 by adding a new paragraph
(c), which would provide a process through which an importer can apply
to convert a temporarily imported item to a permanently imported one by
submitting a Form 6, part I, to ATF for approval. Specifically, this
rule would require importers to indicate on Form 6, part I, that they
intend to convert the temporarily imported item to a permanently
imported one and to submit with it a copy of the DSP-61 issued by DOS,
entry documents showing that they claimed an ITAR exemption, or a copy
of the temporary import entry clearance documents provided to CBP
pursuant to DOC's entry clearance requirements. This would eliminate a
potentially wasteful regulatory barrier without negatively impacting
public safety or otherwise permitting importers to circumvent statutory
importing restrictions.
Because neither the GCA nor the NFA exempts temporarily imported
items pursuant to DOS authorization or DOC clearance requirements from
their definition, such temporary imports must comply with GCA and NFA
restrictions and their implementing regulations at parts 478 and 479,
just as permanent imports must.\7\ As a result, this rule does not
propose any changes to those regulatory provisions. By proposing to add
the requirement to submit a Form 6, part I, application for ATF
approval when converting, this rule would ensure compliance with the
AECA as well. Under the existing regulation at 27 CFR 447.44, ATF has
the authority to deny applications for AECA import permits--which would
include the conversion applications proposed in this rule--when
importing as requested would be ``inconsistent with the purpose or in
violation of'' the AECA or its implementing regulations in 27 CFR part
447. Additionally, ATF would deny applications if the conversion does
not comply with the import provisions of the GCA and NFA.
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\7\ See footnote 6, supra, and accompanying discussion about ATF
Ruling 2004-2.
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Moreover, ATF proposes to amend 27 CFR 478.112 by adding a new
paragraph (e) to clarify the marking requirements for firearms
converted to permanently imported items under this process. Currently,
Sec. 478.112 requires that importers comply with marking requirements
within 15 days after CBP releases the firearms from its custody.
However, this time period does not work in the case of temporary-to-
permanent conversions because the items are not in CBP custody once
they have been imported as temporary items and released. So, in the
case of temporary imports, items may have been exempt from the GCA or
NFA marking requirements and might not be marked at the time the items
are released from CBP custody--and thus might not be marked at the time
the importer wants to convert them to permanent imports. The amendment
to Sec. 478.112(e) would provide that, in such cases, the importer
must ensure converted items are marked as required by the GCA and NFA
within 15 days after ATF approves a Form 6, part I, to convert them
from temporarily imported items to permanently imported ones. In
addition, the new paragraph would include a requirement that the
importer also submit a Form 6A to ATF within that same timeframe, to
reflect that these items are being converted to permanent imports, and
to record their serial numbers, as required for items imported on a
permanent basis in the first instance.
ATF is also proposing minor plain writing and other technical
amendments to Sec. Sec. 447.11, 447.42 (particularly in paragraphs (a)
and (b), which have no
[[Page 25162]]
substantive changes), 478.11, and 478.112 (particularly in paragraphs
(a)-(d), which have no substantive changes) to make the definitions and
instructions easier to read, including using the term ``importing''
instead of ``importation,'' reducing passive voice, substituting ``U.S.
Customs and Border Protection'' and ``CBP'' thereafter for ``Customs,''
and updating headings and form numbers and names.
ATF also notes that other non-conflicting changes to Sec. Sec.
478.11 and 479.11 are being proposed in a separate notice of proposed
rulemaking to amend the definition of ``importation'' as it pertains to
foreign trade zones and custom bonded warehouses.\8\
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\8\ As noted above in section II.A of this preamble, any
firearms imports remain subject to applicable customs laws and
regulations, which uses a separate definition of ``importation''
(see 19 CFR 101.1) from ATF's definition of ``importation.''
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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 proposed rule amends 27 CFR parts 447 and 478 to allow more
flexibility for importers so that they may convert temporarily imported
items to permanent imports under the AECA.
The Office of Management and Budget (``OMB'') has determined that
this proposed rule would be a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, although it would not be
economically significant under section 3(f)(1). OMB has therefore
reviewed this proposed rule. ATF provides the following analysis to
comply with Executive Orders 12866 and 13563.
1. Need Statement
Industry members have raised questions regarding whether items
initially imported temporarily pursuant to DOS (and now, DOC)
authorization, without a Form 6, part I, but that could have been
imported as permanent imports in the first instance, may later be
converted to permanently imported items. The only options for items
imported under this alternative procedure are for them to be destroyed
or exported and then re-imported. In cases where a change in
circumstances has rendered exporting the items economically infeasible,
such as when articles are damaged beyond economical repair (i.e., the
expense to repair the item exceeds its replacement cost), importers
must either export and then permanently re-import the articles (which
may be prohibitively expensive) or destroy them (resulting in a total
loss) to avoid violating the four-year export window for temporarily
imported items. This is true even when parts of the damaged articles
may be salvageable and have reuse or resale value in the United States.
Industry members have stated that the lack of a process to easily and
lawfully convert temporarily imported items to permanently imported
ones results in economic harm to businesses, seemingly without any
substantial benefit to public safety or the economy. The proposed
change would broaden the definition of imports under part 447 to
include articles already within the United States pursuant to a DOS
temporary authorization or DOC's entry clearance requirements under 15
CFR 758.10 for temporary imports and then converted to a permanent
import. As such, importers would not have to export and re-import or
destroy items and would instead have a mechanism to convert temporary
imports to permanent imports while still affording ATF the ability to
ensure compliance with federal firearms laws.
2. Benefits and Cost Savings
This rulemaking provides quantitative and qualitative benefits to
the firearms industry by providing additional safe ways to comply with
applicable law. However, ATF does not have sufficient information to
calculate monetary savings. Therefore, ATF requests more information
from the public regarding the economic effects that this rulemaking may
have on the public and the regulated industries. Specifically, ATF
seeks input on the following:
<bullet> What paperwork or other burdens would be reduced by not
needing to export firearms or destructive devices prior to re-importing
as a permanent import, or destroying them? Would those burden savings
be partially offset by different paperwork or other burdens for
converting from temporary to permanent status?
<bullet> What savings or other benefits would importers and others
in the industry accrue from no longer having to export and re-import,
or destroy, temporary imports?
3. Regulatory Alternatives
Alternative 1. Maintaining the Status Quo (No Action Alternative)
ATF considered leaving the regulations as they are and taking no
action to permit importers to convert items they temporarily imported
in compliance with DOS or DOC requirements into permanently imported
items. Retaining the status quo would continue to allow DOS, DOC, and
ATF to monitor temporarily imported items on the AECA USML that are
also restricted under the USMIL, GCA, and NFA to ensure that they do
not improperly remain in the country or circumvent requirements.
However, as noted above, the result for importers who are complying
with the requirements is that they must export any such items that are
eligible for permanent import and then re-import them as permanent
imports. ATF has decided not to select this alternative, as industry
has indicated to ATF that the status quo creates significant costs and
burdens for them and deters business activity.
Alternative 2. Rulemaking (Proposed Alternative)
This proposed change to the definition would permit ATF to process
a Form 6, part I, for items currently in the United States as temporary
imports and, if otherwise authorized by law, permit the importer to
convert these articles to permanent imports. This would establish a
clear process by which importers could avoid unnecessary costs while
ensuring that such imports remain subject to ATF review and comply with
federal law. Importers would have the option to convert a temporary
import to a permanent import before time period limitations associated
with the temporary import expire, provided they file the appropriate
forms and otherwise comply with importing requirements. This would
eliminate a potentially wasteful regulatory barrier without negatively
impacting public safety or otherwise permitting importers to circumvent
statutory importing restrictions.
Alternative 3. Issuing Guidance
ATF also considered issuing guidance, in the form of a ruling, or
amending Ruling 2004-2 (discussed in section I of this preamble) that
would contain the proposed provisions. However, ATF determined that
guidance would be insufficient to accomplish this change because the
requirements that would need to be modified are in regulations and
[[Page 25163]]
guidance would not have similar force and effect upon which importers
could rely. Guidance would also present limitations in the context of
agency regulations that also heavily govern importing and exporting
defense articles and services. As a result, ATF did not select this
alternative as it would not be effective.
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, this proposed rule would not be
an Executive Order 14192 regulatory action. Although it would be a
significant regulatory action as defined by section 3(f) of Executive
Order 12866, it would not impose total costs greater than zero.
In addition, ATF expects this rule, if finalized as proposed, to
qualify as an Executive Order 14192 deregulatory action (defined OMB
Memorandum M-25-20 as a final action that imposes total costs less than
zero) because it would allow licensed importers the ability to
permanently import items already temporarily authorized to be in the
United States without having to export and re-import them or having to
destroy them. This rule would save importers time and paperwork
burdens, in addition to costs.
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 will 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 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 rule subject to notice-and-comment rulemaking requirements unless
the agency head certifies, including a statement of the factual basis,
that the 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 less than 50,000.
The Director certifies, after consideration, that this proposed
rule would not have a significant economic impact on a substantial
number of small entities because it would provide an alternative avenue
through which businesses can comply with applicable law. This proposed
rule would not impose any additional costs or barriers to entry for
small businesses. Instead, it would provide more flexibility and reduce
burdens and costs for small businesses. All businesses would be able to
directly convert temporarily imported items to permanently imported
ones under the AECA without having to first export and re-import them
as permanently imported items or destroy them. This would save
businesses extra paperwork burdens and costs. This proposed rule is
particularly beneficial for small businesses.
G. Unfunded Mandates Reform Act of 1995
This proposed rule does 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 will 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 would impact an existing
information collection covered under the PRA. The information
collection is OMB control number 1140-0005, ATF Form 5330.3A,
Application/Permit to Import Firearms, Ammunition, and Defense Articles
(``Form 6, part I''). This proposed rule would likely increase the
number of respondents who complete an ATF Form 6, part I, because
importers would be able to use the form to indicate a temporary to
permanent import. But, otherwise, this proposed rule would not change
the collection itself. ATF requests comments from the public regarding
the potential frequency with which an importer might apply to convert a
temporary import to permanent using the process laid out in the
proposed rule.
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. ATF also
requests comments on the costs or benefits of the proposed rule and on
the appropriate methodology and data for calculating those costs and
benefits.
All comments must reference this document's RIN 1140-AA68 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
[[Page 25164]]
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://regulations.gov">https://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-AA68. 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-AA68).
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 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
27 CFR Part 447
Administrative practice and procedure, Arms and munitions,
Chemicals, Customs duties and inspection, Imports, Penalties, Reporting
and recordkeeping requirements, Scientific equipment, Seizures and
forfeitures.
27 CFR Part 478
Administrative practice and procedure, Arms and munitions, Exports,
Freight, Imports, Intergovernmental relations, Law enforcement
officers, Military personnel, Penalties, Reporting and recordkeeping
requirements, Research, Seizures and forfeitures, Transportation.
For the reasons discussed in the preamble, ATF proposes to amend 27
CFR parts 447 and 478 as follows:
[[Page 25165]]
PART 447--IMPORTATION OF ARMS, AMMUNITION AND IMPLEMENTS OF WAR
0
1. The authority citation for part 447 continues to read as follows:
Authority: 22 U.S.C. 2778; E.O. 13637, 78 FR 16129 (Mar. 8,
2013).
0
2. Amend the title of part 447 to read ``Importing Arms, Ammunition,
and Defense Articles'';
0
3. Amend Sec. 447.11 by revising the definition of ``Import or
importation'', including its heading, to read as follows:
Sec. 447.11 Meaning of terms.
* * * * *
Importing (or importation). Bringing into the United States from a
foreign country any of the articles on the Import List. For purposes of
this definition, importing does not include intransit, temporary
import, or temporary export transactions subject to Department of State
controls under the International Traffic in Arms Regulations (ITAR) at
22 CFR parts 120-130 or to Department of Commerce controls under the
Export Administration Regulations (EAR) at 15 CFR parts 730-774, while
within the term of a valid ITAR authorization or a valid EAR entry
clearance. However, if an importer converts such articles to remain in
the United States permanently in compliance with the procedures at
Sec. 447.42, they fall under this definition.
* * * * *
0
4. Amend Sec. 447.42 by:
0
a. Revising the section heading and paragraphs (a) and (b); and
0
b. Adding a new paragraph (c).
Revisions and addition read as follows:
Sec. 447.42 Applying for permit.
(a) (1) Persons required to obtain a permit as provided in Sec.
447.41 must file a Form 5330.3A, Application/Permit to Import Firearms,
Ammunition, and Defense Articles (``Form 6, part I''). The application
must be signed and dated and must contain the information requested on
the form, including:
(i) Importer's name, address, telephone number, license and
registration number, if any (including expiration date);
(ii) Country from which importing the defense article;
(iii) Foreign seller and foreign shipper's name and address;
(iv) Description of the defense article being imported, including:
(A) Manufacturer's name and address (including for a ``privately
made firearm,'' if a firearm privately made in the United States);
(B) Type (e.g., rifle, shotgun, pistol, revolver, aircraft, vessel,
and in the case of ammunition only, ball, wadcutter, shot, etc.);
(C) Caliber, gauge, or size;
(D) Model;
(E) Length of barrel, if any (in inches);
(F) Overall length, if a firearm (in inches);
(G) Serial number, if known;
(H) Whether the defense article is new or used;
(I) Quantity;
(J) Firearm, firearm barrel, ammunition, or other defense article's
unit cost;
(K) Category of U.S. Munitions Import List under which the article
is regulated;
(v) Specific purpose for importing, including final recipient
information if different from the importer; and
(vi) Certification of origin.
(2) (i) If the appropriate ATF officer approves the application, it
serves as a permit to import the described defense article. The
licensed/registered importer (if applicable) may continue to import
such defense articles under the approved application (permit) during
the permit's specified period. The appropriate ATF officer 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 licensed/registered importer (if applicable) of the reason.
(b) If importing plastic explosives into the United States, see
Sec. 555.183 of this title for additional requirements.
(c) When a licensed importer wishes to permanently import items
that are already in the United States pursuant to a temporary import
license (DSP-61) issued by the Department of State (or an exemption
under 22 CFR 123.4) or pursuant to entry clearance requirements for
temporary imports maintained by the Department of Commerce under 15 CFR
758.10, the importer must submit a Form 6, part I to apply for approval
from ATF pursuant to the Arms Export Control Act.
(1) When importing under paragraph (c), importers must complete a
Form 6, part I as if the item were being imported directly from the
foreign source from which it was temporarily imported, except that
importers must attach to the Form 6, part I a copy of the DSP-61 issued
by the Department of State, entry documents showing that they claimed
an exemption under 22 CFR 123.4, or a copy of the temporary import
entry clearance documents the importer provided to U.S. Customs and
Border Protection pursuant to 15 CFR 758.10. Importers must also
indicate on Form 6, part I that they intend to convert the temporary
import to a permanent import.
(2) The Director will approve such applications if:
(i) The licensed importer submits the information as required by
paragraph (c)(1);
(ii) The items being converted may be imported consistent with the
provisions of this part, the Gun Control Act (18 U.S.C. chapter 44),
and the National Firearms Act (26 U.S.C. chapter 53);
(iii) Permanently importing the items would not violate any other
federal law or regulation; and
(iv) At the time the application was submitted, the firearms were
lawfully present in the United States pursuant to a valid temporary
import license (DSP-61) issued by the Department of State (or an
exemption under 22 CFR 123.4) or in compliance with entry clearance
requirements under 15 CFR 758.10.
(3) For applications approved under this paragraph, the Director
will indicate they are valid unless and until revoked.
PART 478--COMMERCE IN FIREARMS AND AMMUNITION
0
5. The authority citation for 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
6. Amend Sec. 478.112 by:
0
a. Revising the section heading and paragraph (a);
0
b. Amending paragraph (b);
0
c. Revising paragraphs (c) and (d); and
0
d. Adding a new paragraph (e).
The revisions, amendments, and addition read as follows:
Sec. 478.112 Importing by a licensed importer.
(a) No licensed importer (as defined in Sec. 478.11) may import or
bring into the United States any firearm, firearm barrel, or ammunition
unless the Director has authorized the importer to import the firearm,
firearm barrel, or ammunition.
(b)(1) The importer must submit an application for a permit, ATF
Form 5330.3A, Application/Permit to Import Firearms, Ammunition, and
Defense Articles (``Form 6, part I''), in triplicate, to the Director
to import or bring a firearm, firearm barrel, or ammunition into the
United States or a possession thereof under this section. The importer
must sign and date the application and must include the information
requested on the form, including:
(i) Importer's name, address, telephone number, and license number
(including expiration date);
[[Page 25166]]
(ii) Country from which importing;
(iii) Foreign seller and foreign shipper's name and address;
(iv) Firearm, firearm barrel, or ammunition's description,
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;
* * * * *
(I) Quantity;
(J) Firearm, firearm barrel, or ammunition's unit cost;
(v) Specific purpose for importing, including final recipient
information if different from the importer;
(vi) Verification that, if a firearm, it will be identified as
required by this part; and
* * * * *
(B) If a firearm or ammunition for competition or training pursuant
to 19 U.S.C. chapter 401, a statement describing such intended use; 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
* * * * *
(2)(i) If the Director approves the application, it serves as a
permit to import the firearm, firearm barrel, or ammunition, and the
licensed importer 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 applicant and retain two copies for
administrative use.
(ii) If the Director disapproves the application, ATF will notify
the importer-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 licensed importer may be released from U.S. Customs
and Border Protection (CBP) custody to the importer when the importer
presents a permit from the Director to release the imported firearm,
firearm barrel, or ammunition. The importer will also submit to CBP a
copy of the export license authorizing the importer to export the
firearm, firearm barrel, or ammunition from the exporting country. If
the exporting country does not issue an export license, the importer
must submit a certification, under penalty of perjury, to that effect.
(1) The importer 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 CBP officer
releasing the firearm, firearm barrel, or ammunition. The CBP officer
will, after certification, send the Form 6A to the address specified on
the form.
(2) Form 6A must contain the information requested on the form,
including the:
(i) Importer'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 (if known); and
(viii) Number of firearms, firearm barrels, or rounds of ammunition
released.
(d) Within 15 days after the date CBP releases the item from its
custody, the licensed importer must:
(1) Submit to ATF a copy of Form 6A (address on form) that reports
any error or discrepancy appearing on the Form 6A certified by CBP and
adds serial numbers if not previously provided on Form 6A;
(2) Pursuant to Sec. 478.92, place all required identification
data on each imported firearm that did not bear such identification
data when it was released from CBP custody; and
(3) Post all required information about the import in the records
the importer is required to maintain under subpart H of this part.
(e) For firearms imported under a Department of State authorization
or the Department of Commerce entry clearance requirements under 15 CFR
758.10 for temporary import that were not marked in accordance with
paragraph (d) of this section (e.g., pursuant to a marking exception)
and were later converted to a permanent import pursuant to 27 CFR
447.42(c), importers must add identifying markings as prescribed in
Sec. 478.92 or Sec. 479.102 of this part, as applicable, within 15
days after ATF approves the conversion.
(1) For firearms to which identifying markings were added after the
item was converted to a permanent import, importers must also submit a
Form 6A to ATF within the same 15-day period. Form 6A must identify the
converted items, include serial numbers for converted firearms in
accordance with paragraph (d) of this section, and note that they are
converted items. Importers do not need to submit a copy of Form 6A to
CBP, because these items were released from CBP custody when
temporarily imported.
(2) When ATF approves the conversion, it does not relieve importers
or owners from statutory or regulatory provisions, including record-
keeping or notice obligations, administered or enforced by the agency
that approved the items' temporary import.
Robert Cekada,
Director.
[FR Doc. 2026-09164 Filed 5-7-26; 8:45 am]
BILLING CODE 4410-FY-P
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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.