Quoted: OK I read your link- I wound up with a letter from the ATF declaring a barrel ban. It was the only substantial evidence on either side.
www.atf.gov/firearms/071305openletter.htm
ATF wins, your post goes spinning out of control, flames and parts flying off on the way down. |
There's more...
OPEN LETTER TO FEDERALLY LICENSED FIREARMS IMPORTERS
AND REGISTERED IMPORTERS OF U.S. MUNITIONS IMPORT LIST ARTICLES
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) strives to keep industry
members informed of relevant statutory and regulatory developments that may affect their day-to-
day business operations. The purpose of this open letter is to update licensed and registered
importers of firearms, ammunition and other regulated commodities on the lawful importation of
certain firearm barrels into the United States for commercial purposes.
In an open letter dated July 13, 2005, licensed and registered importers were advised that the
provisions of 18 U.S.C. § 925(d)(3) established the standards for the importation of firearms and
ammunition into the United States. In particular, section 925(d)(3) provides that the Attorney
General shall authorize a firearm to be imported if it meets several conditions: (1) it is not
defined as a firearm under the National Firearms Act (NFA); (2) it is generally recognized to be
particularly suitable for or readily adaptable to sporting purposes; and (3) it is not a surplus
military firearm. However, the subsection further provides that “in any case where the Attorney
General has not authorized the importation of the firearm pursuant to this paragraph, it shall be
unlawful to import any frame, receiver, or barrel of such firearm which would be prohibited if
assembled.”
Importers were further advised that ATF has determined that the language of section 925(d)(3)
permits no exceptions that would allow the frames, receivers, or barrels for otherwise
nonimportable firearms to be imported into the United States. As a result, ATF would no longer
approve ATF Form 6 import permit applications for importation of any frames, receivers, or
barrels for firearms that would be prohibited from importation if assembled. No exceptions to
the statutory language, for example for the repair or replacement of existing firearms, will be
allowed.
ATF recognizes that certain firearm barrels may be used to assemble either an importable or a
nonimportable firearm. With this fact in mind, ATF believes that such “dual use” barrels would
be eligible for importation into the United States under section 925(d)(3) for commercial
purposes, provided prospective importers of such barrels make representations indicating that
neither the importer nor subsequent purchasers of the barrels will use the barrels to assemble
nonimportable firearms. Importers of such barrels must provide sufficient information, e.g.,
specific model designation(s) of the firearm(s) that the barrels will be used to assemble, in the
“Specific Purpose of Importation” section of the ATF Form 6 that would enable ATF personnel
to establish that the barrels sought for importation are being imported for the assembly into
importable firearms. If the dual use barrels are being imported for resale to third parties, the
importer must state in the “Specific Purpose of Importation” section of the ATF Form 6 that
purchasers have been or will be advised that the barrels may only be used for assembly into
certain importable models and must list the specific models for which the barrels will be sold.
Inclusion of a model not known to be sporting may require the submission of a sample for
evaluation to determine if importation of the barrels will be approved.The Firearms and Explosives Imports Branch staff is available to answer your questions about
the issues addressed in this letter. You may reach them by telephone at 202-927-8320 or by fax
at 202-927-2697.
www.atf.gov/firearms/112205openletter.pdf (PDF file)
Code of Federal Regulations]
[Title 27, Volume 2]
[Revised as of April 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 27CFR478.113a]
[Page 61-62]
TITLE 27--ALCOHOL, TOBACCO PRODUCTS, AND FIREARMS
CHAPTER II--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES,
DEPARTMENT OF JUSTICE
PART 478_COMMERCE IN FIREARMS AND AMMUNITION--Table of Contents
Subpart G_Importation
Sec. 478.113a Importation of firearm barrels by nonlicensees.
(a) A permit will not be issued for a firearm barrel for a handgun
not generally recognized as particularly suitable for or readily
adaptable to sporting purposes. No firearm barrel shall be imported or
brought into the United States or possession thereof by any nonlicensee
unless the Director issues a permit authorizing the importation of the
firearm barrel.
(b)(1) An application for a permit, ATF Form 6--Part I, to import or
bring a firearm barrel into the United States or a possession thereof
under this section must be filed, in triplicate, with the Director. The
application must be signed and dated and must contain the information
requested on the form, including:
(i) The name, address, and telephone number of the applicant;
(ii) The country from which the firearm barrel is to be imported;
(iii) The name and address of the foreign seller and foreign
shipper;
(iv) A description of the firearm barrel to be imported, including:
(A) The name and address of the manufacturer;
(B) The type (e.g., rifle, shotgun, pistol, revolver);
(C) The caliber, gauge, or size;
(D) The model;
(E) The barrel length (in inches);
(F) The quantity;
(G) The unit cost of the firearm barrel;
(v) The specific purpose of importation, including final recipient
information if different from the importer; and
(vi) If a handgun barrel, an explanation of why the barrel is for a
handgun that is generally recognized as particularly suitable for or
readily adaptable to sporting purposes.
(2)(i) If the Director approves the application, such approved
application will serve as the permit to import the firearm barrel, and
importation of such firearm barrels may continue to be made by the
applicant under the approved application (permit) during the period
specified thereon. The Director will furnish the approved application
(permit) to the applicant and retain two copies thereof for
administrative use.
(ii) If the Director disapproves the application, the applicant will
be notified of the basis for the disapproval.
(c) A firearm barrel imported or brought into the United States or a
possession thereof under the provisions of this section may be released
from Customs custody to the person importing the firearm barrel upon
showing that the person has obtained a permit from the Director for the
importation of the firearm barrel to be released.
(1) In obtaining the release from Customs custody of a firearm
barrel authorized by this section to be imported through the use of a
permit, the person importing the firearm barrel will prepare ATF Form
6A, in duplicate, and furnish the original ATF Form 6A to
[[Page 62]]
the Customs officer releasing the firearm barrel. The Customs officer
will, after certification, forward the ATF Form 6A to the address
specified on the form.
(2) The ATF Form 6A must contain the information requested on the
form, including:
(i) The name and address of the person importing the firearm barrel;
(ii) The name of the manufacturer of the firearm barrel;
(iii) The country of manufacture;
(iv) The type;
(v) The model;
(vi) The caliber or gauge of the firearm barrel so released; and
(vii) The number of firearm barrels released.
(Paragraph (b) approved by the Office of Management and Budget under
control number 1512-0017; paragraph (c) approved by the Office of
Management and Budget under control number 1512-0019)
[T.D. ATF-270, 53 FR 10499, Mar. 31, 1988, as amended by T.D. ATF-426,
65 FR 38200, June 20, 2000]
a257.g.akamaitech.net/7/257/2422/10apr20061500/edocket.access.gpo.gov/cfr_2006/aprqtr/27cfr478.113a.htmIf I understand any of that correctly, barells will still be allowed to be imported as they might have a "dual use" for importable/non-importable firearms, but, they can not be assembled into a 'non-importable" firearm.