ATF NFA Handbook (2009), Appendix B — Rulings and ATF Articles
APPENDIX B
RULINGS AND ATF ARTICLES
27 CFR 479.11232: MEANING OF TERMS
The AR15 auto sear is a machine gun as defined by 26 U.S.C. 5845(b)
ATF Rul. 81-4
The Bureau of Alcohol, Tobacco and Firearms has examined an auto sear known by the various trade
names including “AR15 Auto Sear,” “Drop In Auto Sear,” and “Auto Sear II,” which consists of a sear
mounting body, sear, return spring, and pivot pin. The Bureau finds that the single addition of this auto
sear to certain AR15 type semiautomatic rifles, manufactured with M16 internal components already
installed, will convert such rifles into machine guns.
The National Firearms Act, 26 U.S.C. 5845(b) defines “machine gun” to include any combination of
parts designed and intended for use in converting a weapon to shoot automatically more than one shot,
without manual reloading, by a single function of the trigger.
Held: The auto sear known by various trade names including “AR15 Auto Sear,” “Drop In Auto Sear,”
and “Auto Sear II,” is a combination of parts designed and intended for use in converting a weapon to
shoot automatically more than one shot, without manual reloading, by a single function of the trigger.
Consequently, the auto sear is a machine gun as defined by 26 U.S.C. 5845(b).
With respect to the machine gun classification of the auto sear under the National Firearms Act,
pursuant to 26 U.S.C. 7805(b), this ruling will not be applied to auto sears manufactured before
November 1, 1981. Accordingly, auto sears manufactured on or after November 1, 1981, will be subject
to all of the provisions of the National Firearms Act and 27 C.F.R. Part 479.
Editor’s Note: Regardless of the date of manufacture of a drop in auto sear, possession of such a
sear and certain M16 fire control parts is possession of a machine gun as defined by the NFA.
Specifically, these parts are a combination of parts designed and intended for use in converting a
weapon into a machine gun as defined in the NFA. (See “Important Information Concerning
AR15-Type rifles” which follows)
IMPORTANT INFORMATION CONCERNING AR-15 TYPE RIFLES
ATF has encountered various AR-15 type rifles such as those manufactured by Colt, E.A. Company,
SGW, Sendra and others which have been assembled with fire control components designed for use in
M16 machine guns.
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The citations to 27 CFR part 179 have been rewritten as 27 CFR part 479 in conformance with the reorganization of title
27 CFR which became effective on January 24, 2003.
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The vast majority of these rifles which have been assembled with an M16 bolt carrier, hammer, trigger,
disconnector and selector will fire automatically merely by manipulation of the selector or removal of
the disconnector. Many of these rifles using less than the 5 M16 parts listed above will also shoot
automatically by manipulation of the selector or removal of the disconnector.
Any weapon which shoots automatically, more than 1 shot, without manual reloading, by a single
function of the trigger, is a machine gun as defined in 26 U.S.C. 5845(b), the National Firearms Act
(NFA). In addition, the definition of machine gun also includes any combination of parts from which a
machine gun may be assembled, if such parts are in possession or under the control of a person. An AR15 type assault rifle which fires more than one shot by a single function o the trigger is a machine gun
under the NFA. Any machine gun is subject to the NFA and the possession of an unregistered machine
gun could the possessor to criminal prosecution.
Additionally, these rifles could pose a safety hazard in that they may fire automatically without the user
being aware that the weapon will fire more than 1 shot with a single pull of the trigger.
In order to avoid violations of the NFA, M16, hammers, triggers, disconnectors, selectors and bolt
carriers must not be used in assembly of AR-15 type semiautomatic rifles, unless the M16 parts have
been modified to AR-15 Model SP1 configuration. Any AR-15 type rifles which have been assembled
with M16 internal components should have those parts removed and replaced with AR-15 Model SP1
type parts which are available commercially. The M16 components also may be modified to AR-15
Model SP1 configuration.
It is important to note that any modification of the M16 parts should be attempted by fully qualified
personnel only.
Should you have any questions concerning AR-15 type rifles with M16 parts, please contact your
nearest ATF office. Our telephone numbers are listed in the “United States Government” section of
your telephone directory under the “United States Department of Justice.”
27 CFR 479.11: MEANING OF TERMS
The KG-9 pistol is a machinegun as defined in the National Firearms Act.
ATF Rul. 82-2
The Bureau of Alcohol, Tobacco and Firearms has examined a firearm identified as the KG-9 pistol. The
KG-9 is a 9 millimeter caliber, semiautomatic firearm which is blowback operated and which fires from
the open bolt position with the bolt incorporating a fixed firing pin. In addition, a component part of the
weapon is a disconnector which prevents more than one shot being fired with a single function of the
trigger.
The disconnector is designed in the KG-9 pistol in such a way that a simple modification to it, such as
cutting, filing, or grinding, allows the pistol to operate automatically. Thus, this simple modification to
the disconnector together with the configuration of the above design features (blowback operation, firing
from the open bolt position, and fixed firing pin) in the KG-9 permits the firearm to shoot automatically,
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more than one shot, without manual reloading, by a single function of the trigger. The above
combination of design features as employed in the KG-9 is normally not found in the typical sporting
firearm.
The National Firearms Act, 26 U.S.C. 5845(b), defines a machine gun to include any weapon which
shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot,
without manual reloading, by a single function of the trigger.
The “shoots automatically” definition covers weapons that will function automatically. The “readily
restorable” definition defines weapons which previously could shoot automatically but will not in their
present condition. The “designed” definition includes those weapons which have not previously
functioned as machine guns but possess design features which facilitate full automatic fire by simple
modification or elimination of existing component parts.
Held: The KG-9 pistol is designed to shoot automatically more than one shot, without manual reloading,
by a single function of the trigger. Consequently, the KG-9 pistol is a machine gun as defined in section
5845(b) of the Act.
With respect to the machine gun classification of the KG-9 pistol under the National Firearms Act,
pursuant to 26 U.S.C. § 7805(b), this ruling will not be applied to KG-9 pistols manufactured before
January 19, 1982. Accordingly, KG-9 pistols manufactured on or after January 19, 1982, will be subject
to all the provisions of the National Firearms Act and 27 C.F.R., Part 479.
27 CFR 479.11: MEANING OF TERMS
The SM10 and SM11A1 pistols and SAC carbines are machineguns as defined in the National
Firearms Act.
ATF Rul. 82-8
The Bureau of Alcohol, Tobacco and Firearms has reexamined firearms identified as SM10 pistols,
SM11A1 pistols, and SAC carbines .The SM10 is a 9 millimeter or .45ACP caliber, semiautomatic
firearm; the SM11A1 is a .380ACP caliber, semiautomatic firearm. And the SAC carbine is a 9
millimeter or .45ACP caliber, semiautomatic firearm. The weapons are blowback operated, fire from the
open bolt position with the bolt incorporating a fixed firing pin, and the barrels of the pistols are
threaded to accept a silencer. In addition, component parts of the weapons are a disconnector and a trip
which prevent more than one shot being fired with a single function of the trigger.
The disconnector and trip are designed in the SM10 and SM11A1 pistols and in the SAC carbine
(firearms) in such a way that a simple modification to them, such as cutting, filing, or grinding, allows
the firearms to operate automatically. Thus, this simple modification to the disconnector or trip together
with the configuration of the above design features (blowback operation, firing from the open bolt
position, and fixed firing pin) in the SM10 and SM11A1pistols and in the SAC carbine, permits the
firearms to shoot automatically, more than one shot, without manual reloading, by a single function of
the trigger. The above combination of design features as employed in the SM10 and SM11A1 pistols
and the SAC carbine are normally not found in the typical sporting firearm.
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The National Firearms Act, 26 U.S.C. § 5845(b), defines a machine gun to include any weapon which
shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot,
without manual reloading, by a single function of the trigger.
The “shoots automatically” definition covers weapons that will function automatically. The “readily
restorable” definition defines weapons which previously could shoot automatically but will not in their
present condition. The “designed” definition includes those weapons which have not previously
functioned as machine guns but possess design features which facilitate full automatic fire by simple
modification or elimination of existing component parts.
Held: The SM10 and SM11A1 pistols and the SAC carbine are designed to shoot automatically more
than one shot, without manual reloading, by a single function of the trigger. Consequently, the SM10
and SM11A1 pistols and SAC carbines are machine guns as defined in Section 5845(b) of the Act.
With respect to the machine gun classification of the SM10 and SM11A1 pistols and SAC carbines,
under the National Firearms Act, pursuant to 26 U.S.C. 7805(b), this ruling will not be applied to SM10
and SM11A1 pistols and SAC carbines manufactured or assembled before June, 21, 1982. Accordingly,
SM10 and SM11A1 pistols and SAC carbines, manufactured or assembled on or after June 21, 1982,
will be subject to all the provisions of the National Firearms Act and 27 C.F.R., Part 479.
27 CFR 479.11: MEANING OF TERMS
The YAC STEN MK II carbine is a machine gun as defined in the National Firearms Act.
ATF Rul. 83-5
The Bureau of Alcohol, Tobacco and Firearms has examined a firearm identified as YAC STEN MK II
carbine. The YAC STEN MKII carbine is a 9 millimeter caliber, semiautomatic firearm which has
identical design characteristics to the original selective fire STEN submachine gun designed by Reginald
Vernon Shepherd and Harold John Turpin. The weapon is blowback operated and fires from the open
bolt position with the bolt incorporating a fixed firing pin. In addition, a component part of the weapon
is a trip lever (disconnector) which has been modified to prevent more than one shot being fired with a
single function of the trigger.
The trip lever (disconnector) is designed in such a way that a simple modification to it, such as bending,
breaking or cutting, allows the weapon to operate automatically. Thus, this simple modification to the
trip lever (disconnector) or trip together with STEN submachine gun design features and components in
the YAC STEN MK II carbine, permits the firearm to shoot automatically, more than one shot, without
manual reloading, by a single function of the trigger. The above combination of machine gun design
features as employed in the YAC STEN MK II carbine are normally not found in the typical sporting
firearm.
The National Firearms Act, 26 U.S.C. 5845(b), defines a machine gun to include any weapon which
shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot,
without manual reloading, by a single function of the trigger.
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The “shoots automatically” definition covers weapons that will function automatically. The “readily
restorable” definition defines weapons which previously could shoot automatically but will not in their
present condition. The “designed” definition includes those weapons which have not previously
functioned as machine guns but possess specific machine gun design features which facilitate full
automatic fire by simple modification or elimination of existing component parts.
Held: The YAC STEN MK II carbine is designed to shoot automatically more than one shot, without
manual reloading, by a single function of the trigger. Consequently, the YAC STEN MK II
semiautomatic carbine is a machine gun as defined in Section 5845(b) of the Act.
27 CFR 479.111: IMPORTATION PROCEDURE
A National Firearms Act (NFA) firearm may not be imported for use as a sample for sales to law
enforcement agencies if the firearm is a curio or relic unless it is established that the firearm is
particularly suitable for use as a law enforcement weapon.
ATF Rul. 85-2
The Bureau of Alcohol, Tobacco and Firearms has approved a number of applications to import
National Firearms Act (NFA) firearms for the use of registered importers to generate orders for such
firearms from law enforcement agencies.
A review of the characteristics of the NFA firearms approved for importation as sales samples indicates
that some of the firearms are not being imported for the purposes contemplated by the statute. Some of
the NFA firearms imported are, in fact, curios or relics and are more suitable for use as collector’s items
than law enforcement weapons.
Importations of NFA firearms are permitted by 26 U.S.C. 5844, which provides in pertinent part:
“No firearms shall be imported or brought into the United States or any territory under its control or
jurisdiction unless the importer establishes, under regulations as may be prescribed by the Secretary, that
the firearm to be imported or brought in is:
(1) being imported or brought in for the use of the United States or any department., independent
establishment, or agency thereof or any State or possession or any political subdivision thereof;
or
(2) ***
(3) being imported or brought in solely for … use as a sample by a registered importer or registered
dealer;
except that, the Secretary may permit the conditional importation or bringing in of a firearm for
examination and testing in connection with classifying the firearm.”
The sole purpose of the statute permitting the importation of NFA firearms as sales samples is to permit
registered importers to generate orders for firearms from government agencies, on the basis of the
sample.
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The implementing regulation, 27 CFR Section 479.111, provides that the person importing or bringing a
firearm into the United States or any territory under its control or jurisdiction has the burden of proof to
affirmatively establish that the firearm is being imported or brought in for one of the authorized
purposes. In addition, a detailed explanation of why the importation falls within one of the authorized
purposes must be attached to the application to import. The mere statement that an NFA firearm is being
imported as a sales sample for demonstration to law enforcement agencies does not meet the required
burden of proof and is not a detailed explanation of why the importation falls within the import
standards.
Held, an application to import a National Firearms Act firearm as a sample in connection with sales of
such firearms to law enforcement agencies will not be approved if the firearm is determined to be a curio
or relic unless it is established by specific information that the firearm is particularly suitable for use as a
law enforcement weapon. For example, the importer must provide detailed information as to why a sales
sample of a particular weapon is suitable for law enforcement purposes and the expected customers who
would require a demonstration of the weapon. Information as to the availability of firearms to fill
subsequent orders would help meet the burden of establishing use as a sales sample. Also, letters from
law enforcement agencies expressing a need for a particular model or interest in seeing a demonstration
of a particular firearm would be relevant.
Editor’s Note:
The importation of machine guns for use as sales samples must also meet the requirements of 27
CFR 479.105(d).
26 U.S.C. § 5845(f)(2): DESTRUCTIVE DEVICE (Nonsporting shotgun having a bore of more
than one-half inch in diameter)
The USAS-12 shotgun has a bore of more than one-half inch in diameter and is not generally
recognized as particularly suitable for sporting purposes. Therefore, it is classified as a destructive
device for purposes of the National Firearms Act, 26 U.S.C. Chapter 53.
ATF Rul. 94-1
The Bureau of Alcohol, Tobacco and Firearms (ATF) has examined a firearm identified as the USAS-12
shotgun to determine whether it is a destructive device as that term is used in the National Firearms Act
(NFA), 26 U.S.C. Chapter 53.
The USAS-12 is a 12 gauge, gas-operated, autoloading semiautomatic shotgun which is chambered for
12 gauge 2 ¾-inch ammunition. It has an 18 ¼-inch barrel, is approximately 38 inches long, and weighs
12.4 pounds unloaded and approximately 15 pounds with a loaded magazine, depending on the capacity
of the magazine. The USAS-12 is equipped with a 12 round detachable box magazine, but a 28 round
detachable drum magazine is also available. The shotgun is approximately 11 inches deep with a box
magazine. There is an integral carrying handle on top of the receiver which houses a rifle –type aperture
rear and adjustable post-type front sight. The USAS-12 has a separate combat-style pistol grip located
on the bottom of the receiver, forward of the buttstock. An optional telescopic sight may be attached to
the carrying handle. The barrel is located below the operating mechanism in such fashion that the barrel
is in a straight line with the center of the buttstock.
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Section 5845(f), Title 26 U.S.C., classifies certain weapons as “destructive devices” which are subject to
the registration and tax provisions of the NFA. Section 5845(f)(2) provides the following:
(f) Destructive Device – The term “destructive device” means* * *
(2) any type of weapon by whatever name known which will, or which may be readily converted to,
expel a projectile by the action of an explosive or other propellant, the barrel or barrels of which have a
bore of more than one-half inch in diameter, except a shotgun or shotgun shell the Secretary or his
delegate finds is generally recognized as particularly suitable for sporting purposes.
A “sporting purpose” test which is almost identical to that in section 5845(f)(2) appears in 18 U.S.C. §
925(d)(3). This provision of the Gun Control Act of 21968 (GCA) provides that the Secretary shall
authorize a firearm to be imported into the United States if the firearm is “generally recognized as
particularly suitable for or readily adaptable to sporting purposes.” With the exception of the “readily
adaptable” language, this provision is identical to the sporting shotgun exception to the destructive
device definition. The definition of “destructive device” in the GCA (18 U.S.C. § 921(a)(4)) is identical
to that in the NFA.
In determining whether shotguns with a bore diameter of more than one-half inch in diameter are
“generally recognized as particularly suitable for sporting purposes” and thus are not destructive devices
under the NFA, we believe it is appropriate to use the same criteria used for evaluating shotguns under
the “sporting purposes” test of section 925(d)(3). Congress used virtually identical language in
describing the weapons subject to the two statutory schemes, and the language was added to the GCA
and the NFA at the same time.
In connection with the determination of importability, ATF determined that the USAS-12 shotgun was
not eligible for importation under the sporting purposes test in section 925(d)(3). In reaching this
determination, ATF evaluated the weight, size, bulk, designed magazine capacity, configuration, and
other characteristics of the USAS-12. It was determined that the weight of the USAS-12, 12.4 pounds,
made it much heavier than traditional 12 gauge sporting shotguns, which made it awkward to carry for
extended periods, as in hunting, and cumbersome to fire at multiple small moving targets, as in skeet and
trap shooting. The width of the USAS-12 with drum magazine, approximately 6 inches, and the depth
with box magazine, in excess of 11 inches, far exceed that of traditional sporting shotguns, which do not
exceed 3 inches in width and 4 inches in depth. The large size and bulk of the USAS-12 made it
extremely difficult to maneuver quickly enough to engage moving targets as is necessary in hunting,
skeet, and trap shooting. The detachable box magazine with 12 cartridge capacity and the detachable
drum magazine with 28 cartridge capacity were or a larger capacity than traditional repeating sporting
shotguns, which generally contain tubular magazines with a capacity of 3 – 5 cartridges. Additionally,
detachable magazines permit more rapid reloading than do tubular magazines. Finally, the combat-style
pistol grip, the barrel-to-buttstock configuration, the bayonet lug, and the overall appearance and general
shape of the weapon were radically different from traditional sporting shotguns and strikingly similar to
shotguns designed specifically for or modified for combat and law enforcement use.
Section 7805(b), title 26 U.S.C., provides that the Secretary may prescribe the extent, if any, to which
any ruling relating to the internal revenue laws shall be applied without retroactive effect. Accordingly,
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all rulings issued under the Internal Revenue Code are applied retroactively unless they specifically
provide otherwise. Pursuant to section 7805(b), the Director, as the delegate of the Secretary, may
prescribe the extent to which any ruling will apply without retroactive effect.
Held: TheUSAS-12 is a shotgun with a bore of more than one-half inch in diameter which is not
particularly suitable for sporting purposes. The weight, size, bulk, designed magazine capacity,
configuration, and other factors indicate that the USAS-12 is a semiautomatic version of a military type
assault shotgun. Accordingly, the USAS-12 is a destructive device as that term is used in 26 U.S.C. §
5845(f)(2). Pursuant to section 7805(b), this ruling is applied prospectively effective March 1, 1994,
with respect to the making, transfer, and special (occupational) taxes imposed by the NFA. All other
provisions of the NFA apply retroactively effective March 1, 1994.
26 U.S.C. § 5845(f)(2): DESTRUCTIVE DEVICE (Non-sporting shotgun having a bore of more
than one-half inch in diameter)
The Striker-12/Streetsweeper shotgun has a bore of more than one-half inch in diameter and is
not generally recognized as particularly suitable for sporting purposes. Therefore, it is classified
as a destructive device for purposes of the National Firearms Act, 26 U.S.C. Chapter 53.
ATF Rul. 94-2
The Bureau of Alcohol, Tobacco and Firearms (ATF) has examined a firearm identified as the Striker12/Streetsweeper shotgun to determine whether it is a destructive device as that term is used in the
National Firearms Act (NFA), 26 U.S.C. Chapter 53.
The Striker-12 and Streetsweeper shotguns are virtually identical 12 - gauge shotguns with a springdriven revolving magazine. The magazine has a 12 round capacity, The shotgun has a fixed stock or
folding stock and may be fired with the folding stock collapsed. The shotgun with 18-inch barrel is 37
inches in length with the stock extended, and 26 .5 inches in length with the stock folded. The shotgun is
5.7 inches in width and weighs 9.24 pounds unloaded. The Striker/Streetsweeper has two pistol grips,
one in the center of the firearm below the buttstock, and one on the forearm. The Striker/Streetsweeper
was designed and developed in South Africa as a military, security, and anti-terrorist weapon. Various
types of 12-gauge cartridges can be fired from the shotgun, and a rapid indexing procedure allows
various types of ammunition to be loaded into the cylinder and selected for firing. All 12 rounds can be
fired from the shotgun in 3 seconds or less.
Section 5845(f), Title 26 U.S.C., classifies certain weapons as “destructive devices” which are subject to
the registration and tax provisions of the NFA. Section 5845(f)(2) provides as follows:
(f) Destructive Device – The term “destructive device” means* * *
(2) any type of weapon by whatever name known which will, or which may be readily converted to,
expel a projectile by the action of an explosive or other propellant, the barrel or barrels of which have a
bore of more than one-half inch in diameter, except a shotgun or shotgun shell the Secretary or his
delegate finds is generally recognized as particularly suitable for sporting purposes.
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A “sporting purpose” test which is almost identical to that in section 5845(f)(2) appears in 18 U.S.C. §
925(d)(3). This provision of the Gun Control Act of 21968 (GCA) provides that the Secretary shall
authorize a firearm to be imported into the United States if the firearm is “generally recognized as
particularly suitable for or readily adaptable to sporting purposes.” With the exception of the “readily
adaptable” language, this provision is identical to the sporting shotgun exception to the destructive
device definition. The definition of “destructive device” in the GCA (18 U.S.C. § 921(a)(4)) is identical
to that in the NFA.
In determining whether shotguns with a bore diameter of more than one-half inch in diameter are
“generally recognized as particularly suitable for sporting purposes” and thus are not destructive devices
under the NFA, we believe it is appropriate to use the same criteria used for evaluating shotguns under
the “sporting purposes” test of section 925(d)(3). Congress used virtually identical language in
describing the weapons subject to the two statutory schemes, and the language was added to the GCA
and the NFA at the same time.
1n 1984, ATF ruled that the Striker – 12 was not eligible for importation under section 925(d)(3) since it
is not particularly suitable for or readily adaptable to sporting purposes. In making this determination,
the 1984 letter-ruling notes that the Striker was being used in a number of “combat” shooting events. In
a letter dated June 30, 1986, ATF again denied importation of the Striker – 12, on the basis that it did not
meet the “sporting purposes” test of section 925(d)(3). This letter states that, “We believe the weapon to
have been specifically designed for military and law enforcement uses.”
In evaluating the physical characteristics of the Striker – 12 /Streetsweeper, ATF concludes that the
weight, bulk, designed magazine capacity, configuration, and other features indicate that it was designed
primarily for military and law enforcement use and is not particularly suitable for sporting purposes.
The weight of the Striker – 12/Streetsweeper, 9.24 pounds unloaded, is on the high end for traditional
12-gauge sporting shotguns, which generally weigh between 7 and 10 pounds. Thus, the weight of the
Striker – 12/Streetsweepe, makes it awkward to carry for extended periods, as in hunting, and
cumbersome to fire at multiple small moving targets, as in skeet and trap shooting. The width of the
Striker – 12/Streetsweeper, 5.7 inches, far exceeds that of traditional sporting shotguns, which do not
exceed three inches in width or four inches in depth. The large size and bulk of the Striker –
12/Streetsweeper make it extremely difficult to maneuver quickly enough to engage moving targets as is
necessary in hunting, skeet and trap shooting. The spring driven revolving magazine with 12 –cartridge
capacity is a much larger capacity than traditional repeating shotguns, which generally contain tubular
magazines with a capacity of 3 – 5 cartridges. The folding shoulder stock and the two pistol grips are not
typical of sporting-type shotguns. Finally, the overall appearance and general shape of the weapon are
radically different from traditional sporting shotguns and strikingly similar to shotguns designed
specifically for or modified for combat and law enforcement use.
Section 7805(b), title 26 U.S.C., provides that the Secretary may prescribe the extent, if any, to which
any ruling relating to the internal revenue laws shall be applied without retroactive effect. Accordingly,
all rulings issued under the Internal Revenue Code are applied retroactively unless they specifically
provide otherwise. Pursuant to section 7805(b), the Director, as the delegate of the Secretary, may
prescribe the extent to which any ruling will apply without retroactive effect.
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Held: The Striker – 12/Streetsweeper is a shotgun with a bore of more than one-half inch in diameter
which is not particularly suitable for sporting purposes. The weight, size, bulk, designed magazine
capacity, configuration, and other factors indicate that the Striker – 12/Streetsweeper is a military-type
shotgun, as opposed to a shotgun particularly suitable for sporting purposes. Accordingly, the Striker –
12/Streetsweeper is a destructive device as that term is used in 26 U.S.C. § 5845(f)(2). Pursuant to
section 7805(b), this ruling is applied prospectively effective March 1, 1994, with respect to the making,
transfer, and special (occupational) taxes imposed by the NFA. All other provisions of the NFA apply
retroactively effective March 1, 1994.
18 U.S.C. § 921(a)(4)
DESTRUCTIVE DEVICE
26 U.S.C. § 5845(f)(2):
DESTRUCTIVE DEVICE
(Firearm having a bore of more than one-half inch in diameter)
37/38 mm gas/flare guns possessed with cartridges containing wood pellets, rubber pellets or balls,
or bean bags are classified as destructive devices for purposes of the Gun Control Act, 18 U.S.C.
Chapter 44, and the National Firearms Act, 26 U.S.C. Chapter 53.
ATF Rul. 95-3
The Bureau of Alcohol, Tobacco and Firearms (ATF) has examined various 37/38 mm gas/flare guns in
combination with certain types of ammunition to determine whether these are destructive devices as
defined in the Gun Control Act (GCA), 18 U.S.C. Chapter 44, and the National Firearms Act (NFA), 26
U.S.C. Chapter 53.
Section 5845(f), Title 26 U.S.C., classifies certain weapons as “destructive devices” which are subject to
the registration and tax provisions of the NFA. Section 5845(f)(2) provides the following:
(f) Destructive Device – The term “destructive device” means* * *
(2) any type of weapon by whatever name known which will, or which may be readily converted to,
expel a projectile by the action of an explosive or other propellant, the barrel or barrels of which have a
bore of more than one-half inch in diameter, except a shotgun or shotgun shell the Secretary or his
delegate finds is generally recognized as particularly suitable for sporting purposes: . .”
Section 5845(f)(3) excludes from the term “destructive device” any device which is neither designed or
redesigned for use as a weapon and any device, although originally designed for use as a weapon, which
is redesigned for use as a signaling, pyrotechnic,Line throwing, safety, or similar device.
The definition of “destructive device” in the GCA (18 U.S.C. § 921(a)(4)) is identical to that in the
NFA.
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ATF has previously held that devices designed for expelling tear gas or pyrotechnic signals are not
weapons and are exempt from the destructive device definition. However, ammunition designed to be
used against individuals is available for these 37/38 mm devices. This “anti-personnel” ammunition
consists of cartridges containing wood pellets, rubber pellets or balls, and bean bags.
When a gas/flare gun is possessed with “anti-personnel” type ammunition, it clearly becomes an
instrument of offensive or defensive combat and is capable of use as a weapon. Since these gas/flare
guns have a bore diameter greater than one-half inch, fire a projectile by means or an explosive, and,
when possessed with “anti-personnel” ammunition, are capable of use as weapons, the combination of
the gas/flare gun and “anti-personnel” ammunition is a destructive as defined in the GCA and the NFA.
As a result, registration as a destructive device is required. Any person possessing a gas/flare gun with
which “anti-personnel” ammunition will be used must register the making of a destructive device prior
to the acquisition of any “anti-personnel” ammunition. In addition, the gas/flare guns are classified as
firearms as defined by the GCA when possessed with “anti-personnel” type ammunition.
Each gas/flare gun possessed with ant–personnel ammunition will be required to be identified as
required by law and regulations (27 C.F.R. §§ 478.92and 479.102), including a serial number. Any
person manufacturing the gas/flare gun and “anti-personnel” ammunition must, if selling them in
combination, have the appropriate Federal firearms license as a manufacturer of destructive devices and
must have paid the special (occupational) tax as a manufacturer of National Firearms Act firearms. Any
person importing the gas/flare gun and the “anti-personnel” type ammunition must, if importing them in
combination, have the appropriate Federal firearms license as an importer of destructive devices and
must have paid the special (occupational) tax as an importer of National Firearms Act firearms.
Further, the “anti-personnel” ammunition to be used in the gas/flare launchers is ammunition for
destructive devices for purposes of the GCA. Any person manufacturing the “anti-personnel”
ammunition ,must have the appropriate Federal firearms license as a manufacturer of ammunition for
destructive devices. Any person importing the “anti-personnel” ammunition must have the appropriate
Federal firearms license as an importer of ammunition for destructive devices.
HELD: 37/38 mm gas/flare guns possessed with “anti-personnel” ammunition, consisting of cartridges
containing wood pellets, rubber pellets or balls, or bean bags, are destructive devices as that term is used
in 18 U.S.C. § 921(a)(4) and 26 U.S.C. 5845(f)(2).
26 USC 5844, 18 USC 922(o), 22 USC 2778: IMPORTATION OF BROWNING M1919 TYPE
RECEIVERS FOR UNRESTRICTED COMMERCIAL SALE.
An ATF – approved method of destruction for the Browning M 1919 type machinegun will result in the
severed portions of the receiver being importable for unrestricted commercial sale.
ATF Rul. 2003-1
The Bureau of Alcohol, Tobacco and Firearms (ATF) has received inquiries about modifications
necessary to the receiver of a Browning M1919 type machinegun to make it importable under 26 U.S.C.
5844 and 18 U.S.C. 922(o) for unrestricted commercial sale.
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The Browning M1919 is a machinegun as defined in 26 U.S.C. 5845(b). The receiver of a Browning
M1919 is also a machinegun as defined. Various manufacturers made Browning M1919 style
machineguns in caliber .30-06 and 7.62x51mm (.308). The M1919 is a recoil operated, belt-fed
machinegun designed to be fired from a mount.
Section 5844 of title 26, United States Code, makes it unlawful to import any firearm into the United
States, unless the firearm to be imported or brought in is: (1) being imported for use by the United States
or any department, independent establishment, or agency thereof or any State or possession or any
political subdivision thereof; or (2) the firearm is being imported for scientific or research purposes; or
(3) it is being imported solely for testing or use as a model by a registered or dealer. Additionally, the
Secretary may permit the conditional importation of a firearm for examination and testing in connection
with classifying the firearm.
Section 922(o) of Title 18, United States Code, makes it unlawful for any person to transfer or possess a
machinegun, except a transfer to or by the United States or any department or agency thereof or a State
or department, agency or political subdivision thereof; or any lawful transfer or lawful possession of a
machinegun lawfully possessed before May 19, 1986.
A review of the statutes above indicates that machinegun and machinegun receivers cannot be lawfully
imported for unrestricted commercial sale. Accordingly. Machinegun receivers may be imported for
commercial sale only if they are destroyed in a manner that will prevent their function and future use as
a firearm. The resulting severed receiver portions would not be subject to the provisions of 26 U.S.C.
5844 or 18 U.S.C. 922(o); however, these articles would be subject the provisions of the Arms Export
Control Act, 18 U.S.C. 925, 22 U.S.C. 2778, and implementing regulation at 27 CFR Part 47. It is
important to note that these machinegun receivers must be destroyed and cannot be imported whether
they are serviceable or unserviceable.
An ATF-approved method of destruction for a Browning M1919 type machinegun receiver requires
three diagonal torch cuts that sever or pass through the following areas: (1) the trunion or barrel
mounting block (corner to corner), (2) the center area of the bolt handle slot, and (3) the cover catch and
back plate spline. All cutting must be done with a cutting torch having a tip of sufficient size to displace
at least ¼ inch of material at each location. Each cut must completely sever the receiver in the
designated areas and must be done with a diagonal torch cut. Using a bandsaw or a cut-off wheel to
destroy the receiver does not ensure destruction of the weapon.
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This method of destruction is illustrated in the diagram below.
Alternative methods of destruction may also be acceptable. These alternative methods must be
equivalent in degree to the approved method of destruction. Receivers that are not sufficiently modified
cannot be approved for importation. To ensure compliance with the law, it is recommended that the
importer submit in writing the alternative method of destruction to the ATF Firearms Technology
Branch (FTB) for review and approval prior to importation.
Held, an ATF-approved method of destruction for a Browning M1919 type machinegun receiver will
result in the severed portions of the receiver being importable for unrestricted commercial sale. The
severed articles would not be subject to the provisions of 26 U.S.C. 5844 or 18 U.S.C. 922(o), but would
continue to be subject to the provisions of the Arms Export Control Act, 22 U.S.C. 2778. Alternative
methods of destruction may also be acceptable. It is recommended that such methods be reviewed and
approved by the ATF Firearms Technology Branch prior to the weapon’s importation.
Date signed: January 24, 2003
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26 USC 5844, 18 USC 922(o), 22 USC 2778: IMPORTATION OF FN FAL TYPE RECEIVERS
FOR UNRESTRICTED COMMERCIAL SALE.
An ATF – approved method of destruction for the FN FAL type machinegun will result in the severed
portions of the receiver being importable for unrestricted commercial sale.
ATF Rul. 2003-2
The Bureau of Alcohol, Tobacco and Firearms (ATF) has received inquiries about modifications
necessary to the receiver of an FN FAL type machinegun to make it importable under 26 U.S.C. 5844
and 18 U.S.C. 922(o) for unrestricted commercial sale.
The FN FAL is a machinegun as defined in 26 U.S.C. 5845(b). The receiver of an FAL is also a
machinegun as defined. Various manufacturers made FAL style machineguns in caliber 7.62x51mm
(.308). The FAL is a gas operated, shoulder fired, magazine fed, selective fire machinegun.
Section 5844 of title 26, United States Code, makes it unlawful to import any firearm into the United
States, unless the firearm to be imported or brought in is: (1) being imported for use by the United States
or any department, independent establishment, or agency thereof or any State or possession or any
political subdivision thereof; or (2) the firearm is being imported for scientific or research purposes; or
(3) it is being imported solely for testing or use as a model by a registered or dealer. Additionally, the
Secretary may permit the conditional import