3 Comments

  1. Jim Bartlett said:

    This is an excellent summary. Who wrote it? The author should receive credit for good work.

    Jim Bartlett
    Co-Author, United States Export Controls, Sixth Edition (Aspen Publishers, 2011), by Liebman, Thomsen & Bartlett
    Author, The Annotated ITAR (2012)

    January 19, 2012
  2. Kim Pritula said:

    The author is incorrect in the paragraph “Obtain Export Approval from TTB and CBP”. First, the ATF Form 9 permit quoted by the author is only required for National Firearms Act (NFA) firearms, NOT all firearm exports. NFA firearms have a higher level of control, and encompass items such as machine guns, silencers, etc. These regulations do NOT apply to exports of sporting and hunting firearms, which constitute 95% of total firearm exports. Second, TTB does not grant any authorities under the Gun Control Act – ATF does. TTB is only responsible for the taxation portion of the regulations.

    January 23, 2012
    • said:

      The article does not make a distinction between NFA firearms and other firearms. Thank you Kim for pointing this out. National Firearms Act has been codified into 26 U.S.C. §5801 et. seq. §5845 is the section dealing with definitions (also stated under 27 CFR §479.11):

      Firearm.–The term “firearm” means (1) a shotgun having a barrel or barrels of less than 18 inches in length; (2) a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length; (3) a rifle having a barrel or barrels of less than 16 inches in length; (4) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length; (5) any other weapon, as defined in subsection (e); (6) a machinegun; (7) any silencer (as defined in section 921 of Title 18, United States Code); and (8) a destructive device. The term “firearm” shall not include an antique firearm or any device (other than a machinegun or destructive device) which, although designed as a weapon, the Secretary finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector’s item and is not likely to be used as a weapon.

      Rifle.–The term “rifle” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger, and shall include any such weapon which may be readily restored to fire a fixed cartridge.

      So one can see that a hunting rifle having a barrel of 16 inches or longer may fall outside NFA firearm definition, and therefore fall outside of 27 C.F.R. §479.116, which states that a “shipment may not be made until the permit, Form 9 (Firearms), is received from the Director.”

      Comment on ATF/TTB is also fair. In 2002, ATF was split into ATF and TTB pursuant to The Homeland Security Act of 2002, Pub. L. No. 107-296, 116 Stat. 2135. ATF became part of the Justice Department, while TTB remained with the Treasury Department.

      February 6, 2012

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