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<br />! 178.32 Prohibited shipment, transporta-
<br />tion, possession, or receipt of firearms
<br />ad ammunition by certain persons.
<br />
<br />. (a) No person may ship or transport any
<br />firearm or ammunition in interstate or foreign
<br />commerce, or receive any firearm or ammuni-
<br />tion which has been shipped or transported in
<br />interstate or foreign commerce, or possess
<br />any firearm or ammunition in or affecting
<br />commerce, who:
<br />(1) Has been convicted in any court of a
<br />crime punishable by imprisonment for a term
<br />exceeding 1 year;
<br />(2) Is a fugitive from justice;
<br />(3) Is an unlawful user of or addicted to
<br />any controlled substance (as defined in sec-
<br />tion 102 of the Controlled Substance Act, 21
<br />U.S.C. 802);
<br />(4) Has been adjudicated as a mental
<br />defective or has been committed to a mental
<br />institution;
<br />(5) Is an alien illegally or unlawfully in the
<br />United States;
<br />(6) Has been discharged from the Armed
<br />Forces under dishonorable conditions; or
<br />(7) Having been a citizen of the United
<br />States, has renounced citizenship. [i922(g)]
<br />(b) No person who is under indictment for
<br />a crime punishable by imprisonment for a
<br />term exceeding one year may ship or trans-
<br />port any firearm or ammunition in interstate or
<br />foreign commerce or receive any firearm or
<br />.munition which has been shipped or trans-
<br />ed in interstate or foreign commerce.
<br />22(n)]
<br />(c) Any individual, who to that individual's
<br />knowledge and while being employed by any
<br />person described in paragraph (a) of this
<br />section, may not, in the course of such
<br />employment receive, possess, or transport
<br />any firearm or ammunition in commerce or
<br />affecting commerce or receive any firearm or
<br />ammunition which has been shipped or trans-
<br />ported in interstate or foreign commerce.
<br />[i922(h)}
<br />(d) No person may sell or otherwise dis-
<br />pose of any firearm or ammunition to any
<br />person knowing or having reasonable cause
<br />to believe that such person:
<br />(1) Is under indictment for, or has been
<br />convicted in any court of, a crime punishable
<br />by imprisonment for a term exceeding 1 year;
<br />(2) Is a fugitive from justice;
<br />(3) Is an unlawful user of or addicted to
<br />any controlled substance (as defined in sec-
<br />tion 102 of the Controlled Substances Act, 21
<br />U.S.C. 802);
<br />(4) Has been adjudicated as a mental
<br />defective or has been committed to a mental
<br />institution;
<br />(5) Is an alien illegally or unlawfully in the
<br />United States;
<br />(6) Has been discharged from the Armed
<br />tlrces under dishonorable conditions; or
<br />(7) Having been a citizen of the United
<br />tates, has renounced citizenship. [i922(d)]
<br />[T.O. ATF-241, 51 FR 39617. Oct 29, 1986)
<br />
<br />28
<br />
<br />ATTACHMENT A
<br />
<br />! 178.33 Stolen firearms and ammunition. ter from transporting, shipping, or receiving a
<br />No person shall transport or ship in inter- firearm shall be entitled to transport a firearm
<br />state or foreign commerce any stolen firearm for any lawful purpose from any place where
<br />or stolen ammunition or pledge or accept as such person may lawfully possess and carry
<br />security for a loan any stolen firearm or such firearm to any other place where such
<br />ammunition knowing or having reasonable person may lawfully possess and carry such
<br />cause to belive that the firearm or ammunition firearm if, during such transportation the fire-
<br />was stolen, and no person shall receive, arm is unloaded, and neither the firearm oor
<br />conceal, store, barter, sell, or dispose of any any ammunition being transported is readily
<br />stolen firearm or stolen ammunition which is accessible or is directly accessible from the
<br />moving as, which is a part of, or which passenger compartment of such transporting
<br />constitutes interstate or foreign commerce, vehicle:
<br />knowing or having reasonable cause to be- Provided, That in the case of a vehicle
<br />Iieve that the firearm or ammunition was without a compartment separate from the
<br />stolen [i922(i),O)] driver's compartment the firearm or ammuni-
<br />!178.34 Removed, obliterated, or al- tion shall be contained in a locked container
<br />tered serial number. other than the nln".. nt or c .
<br />
<br />or r:eiv:r:~'n~:~~~o:n~lyre~~~:~~~~~ ~;'Ot;'270' 53 FR 10480, Mar. 31, 1988] *
<br />
<br />any firearm which has had the importer's or ~ .
<br />manufacturer's serial number removed, oblit- Subpart D-j-icenses
<br />erated, or altered. [i922(k)] .~ i 17 .41 General. .........
<br />! 178.35 Skeet, trap, target, and similar . . .
<br />shooting activities. ~a)l:acn per~n Imendlng to engage In
<br />. . .. bUSiness as an Importer or manufacturer of
<br />LicenSing and record keeping reqUlre- firearms or ammunition or a dealer in fire-
<br />ments, including permissible alternat~ .re- arms, shall, before co~mencing such busi-
<br />cords: for sk.e?~, trap, target, and. Similar ness, obtain the license required by this
<br />orgamz~d act~vlties shall b~ determined by subpart for the business to be operated. Each
<br />the regional ~Irector (comphance) on a case person who desires to obtain a license as a
<br />by case baSIS. collector of curios or relics may obtain such a
<br />! 178.36 Transfer or possession of ma- license under the provisions of this subpart.
<br />chlneguns. (b) Each person intending to engage in
<br />No person shall transfer or possess a business as a firearms or ammunition import-
<br />machinegun except: er or manufacturer, or dealer in firearms shall
<br />(a) A transfer to or by, or possession by file an application, with the required fee (see i
<br />or under the authority of, the United States, or 178.42), with A TF in accordance with the
<br />any department or agency thereof, or a State, instructions on the form (see i 178.44), and,
<br />or a department, agency, or political subdivi- pursuant to S 178.47, receive the license
<br />sion thereof (See Part 179 of this chapter); or required for such business from the regional
<br />(b) Any lawful transfer or lawful posses- director (compliance).
<br />sion of a machinegun that was lawfully pos- Except as provided in i 178.50, a license
<br />sessed before May 19, 1986 (See Part 179 of must be obtained for each business and each
<br />this chapter). [i922(0)] place at which the applicant is to do business.
<br />[T.O. AFT.241, 51 FA 39618, Oct 29, 1986] [Also, see i 178.100.]
<br />! 178.37 Manufacture, Importation and A license as an importer or manufacturer
<br />sale of armor piercing ammunition. of firearms or ammunition, or a dealer in
<br />No person shall manufacture or import, firearms shall, subje~t to the pr~v!sions of the
<br />and no manufacturer or importer shall sell or Act. and oth~r apphcable prOVISions ,of law,
<br />deliver, armor piercing ammunition, except: entit~e the hcensee to tran~~ort, Ship, and
<br />. . receive firearms and ammuOltion covered by
<br />(a) The m~nufacture or Importation, or such license in interstate or foreign com-
<br />~e sale or dehve~ by. any man~f~cturer or merce and to engage in the business speci-
<br />Importer, of ~mor piercing ammuOltlon for the fied by the license, at the location described
<br />use of the Umted States or any department or on the license, and for the period stated on
<br />agency thereof or ~~y State ~~ ~ny depart- the license.
<br />ment, agency or pohtical subdiVISion thereof;
<br />. However, it shall not be necessary for a
<br />(b) The manufacture, ~r the sale or dehv- licensed importer or a licensed manufacturer
<br />e!y ~y a manuf~~turer or Importer, of armor to also obtain a dealer's license in order to
<br />pl~rcl~g ammuOltion for the purpose of expor- engage in business on the licensed premises
<br />tation, or as a dealer in the same type of firearms
<br />(c) The sale or delivery by a manufacturer authorized by the license to be. imported or
<br />or importer of armor piercing ammunition for manufactured.
<br />the pu~oses of testi~g or experimentation a~ Payment of the license fee as an import r
<br />authonzed by the DI/'ector under the provl- . . e
<br />s of I:. 178.149. [1:.922(a)(7) (8)] or ~~nufacturer of d~structlv~ deVIces, am-
<br />lons::t ::t, mUOltlon for destructive deVices or armor
<br />[T.O. ATF-247, 52 FR 2049. Jan. 16, 1967] piercing ammunition or as a dealer in destruc-
<br />! 178.38 Transportation of firearms. tive devices includes the privilege of import-
<br />Notwithstanding any other provision of ing or manufacturing firearms other than de-
<br />any law or any rule or regulation of a State or structive devices and ammunition for other
<br />any political subdivision thereof, any person than destructive devices or ammunition other
<br />who is not otherwise prohibited by this chap- than armor piercing ammunition, or dealing in
<br />
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