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<br />~ 178.32 Prohibited shipment, transporta-
<br />tion, possession, or receipt of firearms
<br />and ammunition by certain persons.
<br />
<br />-(a) No person may ship or transport any
<br />"arm 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 />
<br />(1) Has been convicted in any court of a
<br />crime punishable by imprisonment for a term
<br />exceeding 1 year;
<br />
<br />(2) Is a fugitive from justice;
<br />
<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 />
<br />(4) Has been adjudicated as a mental
<br />defective or has been committed to a mental
<br />institution;
<br />
<br />(5) Is an alien illegally or unlawfully in the
<br />United States;
<br />
<br />(6) Has been discharged from the Armed
<br />Forces under dishonorable conditions; or
<br />
<br />(7) Having been a citizen of the United
<br />States, has renounced citizenship. [~922(g)]
<br />
<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 />ammunition which has been shipped or trans-
<br />_ed in interstate or foreign commerce.
<br />.2 (n)]
<br />
<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 />[9922(h)]
<br />
<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 />
<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 />
<br />(2) Is a fugitive from justice;
<br />
<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 />
<br />(4) Has been adjudicated as a mental
<br />defective or has been committed to a mental
<br />institution;
<br />
<br />(5) Is an alien illegally or unlawfully in the
<br />United States;
<br />
<br />(6) Has been discharged from the Armed
<br />Forces under dishonorable conditions; or
<br />
<br />.) Having been a citizen of the United
<br />~ es, has renounced citizenship. m922(d)]
<br />(T.O. ATF.241. 51 FA 39617, Oct 29. 1986J
<br />
<br />28
<br />
<br />"
<br />
<br />~ 178.33 Stolen firearms and ammunition.
<br />No person shall transport or ship in inter-
<br />state or foreign commerce any stolen firearm
<br />or stolen ammunition or pledge or accept as
<br />security for a loan any stolen firearm or
<br />ammunition knowing or having reasonable
<br />cause to belive that the firearm or ammunition
<br />was stolen, and no person shall receive,
<br />conceal, store, barter, sell, or dispose of any
<br />stolen firearm or stolen ammunition which is
<br />moving as, which is a part of, or which
<br />constitutes interstate or foreign commerce,
<br />knowing or having reasonable cause to be-
<br />lieve that the firearm or ammunition was
<br />stolen [~922(i),Gl]
<br />~178.34 Removed, obliterated, or al-
<br />tered serial number.
<br />No person shall knowingly transport, ship,
<br />or receive in interstate or foreign commerce
<br />any firearm which has had the importer's or
<br />manufacturer's serial number removed, oblit-
<br />erated, or altered. [9922(k)]
<br />~ 178.35 Skeet, trap, target, and similar
<br />shooting activities.
<br />Licensing and record keeping require-
<br />ments, including permissible alternate re-
<br />cords, for skeet, trap, target, and similar
<br />organized activities shall be determined by
<br />the regional director (compliance) on a case
<br />by case basis.
<br />~ 178.36 Transfer or possession of ma-
<br />chlneguns.
<br />No person shall transfer or possess a
<br />machinegun except:
<br />(a) A transfer to or by, or possession by
<br />or under the authority of, the United States, or
<br />any department or agency thereof, or a State,
<br />or a department, agency, or political subdivi-
<br />sion thereof (See Part 179 of this chapter); or
<br />(b) Any lawful transfer or lawful posses-
<br />sion of a machinegun that was lawfully pos-
<br />sessed before May 19, 1986 (See Part 179 of
<br />this chapter). [9922(0)]
<br />[T.O. AFT.241 , 51 FA 39618, Ocl. 29. 19861
<br />~ 178.37 Manufacture, Importation and
<br />sale of armor piercing ammunition.
<br />No person shall manufacture or import,
<br />and no manufacturer or importer shall sell or
<br />deliver, armor piercing ammunition, except:
<br />(a) The manufacture or importation, or
<br />the sale or delivery by any manufacturer or
<br />importer, of armor piercing ammunition for the
<br />use of the United States or any department or
<br />agency thereof or any State or any depart-
<br />ment, agency or political subdivision thereof;
<br />(b) The manufacture, or the sale or deliv-
<br />ery by a manufacturer or importer, of armor
<br />piercing ammunition for the purpose of expor-
<br />tation; or
<br />(c) The sale or delivery by a manufacturer
<br />or importer of armor piercing ammunition for
<br />the purposes of testing or experimentation as
<br />authorized by the Director under the provi-
<br />sions of 9 178.149. [9922(a)(7),(8)]
<br />[T.O. ATF.247, 52 FA 2049, Jan. 16. 19871
<br />~ 178.38 Transportation of firearms.
<br />Notwithstanding any other provision of
<br />any law or any rule or regulation of a State or
<br />any political subdivision thereof, any person
<br />who is not otherwise prohibited by this chap-
<br />
<br />AT~ACHMENT A
<br />
<br />ter from transporting, shipping, or receiving a
<br />firearm shall be entitled to transport a firearm
<br />for any lawful purpose from any place where
<br />such person may lawfully possess and carry
<br />such firearm to any other place where such
<br />person may lawfully possess and carry such
<br />firearm if, during such transportation the fire-
<br />arm is unloaded, and neither the firearm nor
<br />any ammunition being transported is readily
<br />accessible or is directly accessible from the
<br />passenger compartment of such transporting
<br />vehicle:
<br />
<br />Provided, That in the case of a vehicle
<br />without a compartment separate from the
<br />driver's compartment the firearm or ammuni-
<br />tion shall be contained in a locked container
<br />other than the ent or co
<br />
<br />IT.Ol;.270, 53 FA 10480, Mar. 31, 19881 ~
<br />
<br />Subpart D-~icenses ~
<br />
<br />17 .41 General.
<br />
<br />(a ac person In ending to engage in
<br />business as an importer or manufacturer of
<br />firearms or ammunition, or a dealer in fire-
<br />arms, shall, before commencing such busi-
<br />ness, obtain the license required by this
<br />subpart for the business to be operated. Each
<br />person who desires to obtain a license as a
<br />collector of curios or relics may obtain such a
<br />license under the provisions of this subpart.
<br />
<br />(b) Each person intending to engage in
<br />business as a firearms or ammunition import-
<br />er or manufacturer, or dealer in firearms shall
<br />file an application, with the required fee (see 9
<br />178.42), with A TF in accordance with the
<br />instructions on the form (see ~ 178.44), and,
<br />pursuant to 9 178.47, receive the license
<br />required for such business from the regional
<br />director (compliance).
<br />
<br />Except as provided in ~ 178.50, a license
<br />must be obtained for each business and each
<br />place at which the applicant is to do business.
<br />[Also, see 9 178.100.]
<br />
<br />A license as an importer or manufacturer
<br />of firearms or ammunition, or a dealer in
<br />firearms shall, subject to the provisions of the
<br />Act and other applicable provisions of law,
<br />entitle the licensee to transport, ship, and
<br />receive firearms and ammunition covered by
<br />such license in interstate or foreign com-
<br />merce and to engage in the business speci-
<br />fied by the license, at the location described
<br />on the license, and for the period stated on
<br />the license.
<br />
<br />However, it shall not be necessary for a
<br />licensed importer or a licensed manufacturer
<br />to also obtain a dealer's license in order to
<br />engage in business on the licensed premises
<br />as a dealer in the same type of firearms
<br />authorized by the license to be. imported or
<br />manufactured.
<br />
<br />Payment of the license fee as an importer
<br />or manufacturer of destructive devices, am-
<br />munition for destructive devices or armor
<br />piercing ammunition or as a dealer in destruc-
<br />tive devices includes the privilege of import-
<br />ing or manufacturing firearms other than de-
<br />structive devices and ammunition for other
<br />than destructive devices or ammunition other
<br />than armor piercing ammunition, or dealing in
<br />
<br />
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