U.S. Department of Justice
Bureau of Alcohol, Tobacco,
Firearms and Explosives
Assistant Director
August 12, 2005
REVISED OPEN LETTER TO FEDERALLY LICENSED FIREARMS IMPORTERS
AND REGISTERED IMPORTERS OF U.S. MUNITIONS IMPORT LIST ARTICLES
The purpose of this open letter is to provide important updated information to importers
concerning the lawful importation of certain frames, receivers and barrels.
Extension of Time to Effect Importation of Approved Permits for Frames, Receivers or
Barrels of Firearms Under Title 18 U.S.C. § 925(d)(3)
As noted in our prior Open Letter dated July 13, 2005, section 925(d) provides “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.” ATF concluded that this language permits no exceptions that
would allow frames, receivers or barrels for otherwise nonimportable firearms to be imported
into the United States. Accordingly, ATF announced that it would no longer approve ATF Form
6 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 “repair or replacement” of existing firearms, will be allowed.
In the July 13, 2005, Open Letter, ATF recognized that importers relying upon ATF’s prior
policy may suffer economic harm, particularly those who hold approved permits. To mitigate
the impact of the new policy, ATF provided that it would forego enforcement of section
925(d)(3) for 60 calendar days from the date of the Open Letter for those importers who had
obtained import permits for barrels and receivers for nonimportable firearms for "repair or
replacement."
Following consultations with the industry and further examination of the number and types of
barrels and receivers authorized for importation on approved permits, ATF has decided to extend
the period of time for importers to act upon previously approved import permits. ATF believes
this extended period affords ample time for importers who have entered into binding contracts in
reliance upon approved permits to bring their shipments into the United States for entry into
commerce. Importers holding ATF approved permits to import frames, receivers, or
barrels for otherwise nonimportable firearms for repair or replacement may continue to
use such permits through December 31, 2005. Effective January 1, 2006, these permits will
be suspended.
-2-
Importers holding unexpired approved permits will be receiving a letter notifying them that their
permits will be suspended effective January 1, 2006. ATF will advise Customs and Border
Protection that in no event should these permits be accepted to release these items for entry into
the United States on or after January 1, 2006.
Importers are reminded that no new permits for these items will be issued, including the issuance
of permits that would be necessary to remove frames, receivers or barrels that are currently held
or may be placed in a Customs Bonded Warehouse or Foreign Trade Zone. Importers are also
advised that ATF previously approved permits for nonimportable barrels and receivers are for
repair or replacement only, and this restriction was stamped on the face of the permit. Importers
who import such components for any purpose other than repair or replacement of existing
firearms, e.g., for assembly into new firearms, will be exceeding the scope of the import
authorization in violation of law. If ATF determines, through inspection or otherwise, that an
importer willfully violates the import provisions of the GCA, the importer's license is subject to
revocation pursuant to 18 U.S.C. § 923(e).
Maintaining open lines of communication is vital to the successful future of ATF’s partnership
with the import community. The Firearms and Explosives Imports Branch staff is available to
answer your questions about the issues addressed in this letter. You may reach us by phone at
(202) 927-8320 or by fax at (202) 927-2697. Additional information regarding this issue will be
provided on our Website at www.atf.gov.
Sincerely yours,
Lewis P. Raden
Assistant Director
Enforcement Programs and Services
Bureau of Alcohol, Tobacco,
Firearms and Explosives
Assistant Director
August 12, 2005
REVISED OPEN LETTER TO FEDERALLY LICENSED FIREARMS IMPORTERS
AND REGISTERED IMPORTERS OF U.S. MUNITIONS IMPORT LIST ARTICLES
The purpose of this open letter is to provide important updated information to importers
concerning the lawful importation of certain frames, receivers and barrels.
Extension of Time to Effect Importation of Approved Permits for Frames, Receivers or
Barrels of Firearms Under Title 18 U.S.C. § 925(d)(3)
As noted in our prior Open Letter dated July 13, 2005, section 925(d) provides “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.” ATF concluded that this language permits no exceptions that
would allow frames, receivers or barrels for otherwise nonimportable firearms to be imported
into the United States. Accordingly, ATF announced that it would no longer approve ATF Form
6 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 “repair or replacement” of existing firearms, will be allowed.
In the July 13, 2005, Open Letter, ATF recognized that importers relying upon ATF’s prior
policy may suffer economic harm, particularly those who hold approved permits. To mitigate
the impact of the new policy, ATF provided that it would forego enforcement of section
925(d)(3) for 60 calendar days from the date of the Open Letter for those importers who had
obtained import permits for barrels and receivers for nonimportable firearms for "repair or
replacement."
Following consultations with the industry and further examination of the number and types of
barrels and receivers authorized for importation on approved permits, ATF has decided to extend
the period of time for importers to act upon previously approved import permits. ATF believes
this extended period affords ample time for importers who have entered into binding contracts in
reliance upon approved permits to bring their shipments into the United States for entry into
commerce. Importers holding ATF approved permits to import frames, receivers, or
barrels for otherwise nonimportable firearms for repair or replacement may continue to
use such permits through December 31, 2005. Effective January 1, 2006, these permits will
be suspended.
-2-
Importers holding unexpired approved permits will be receiving a letter notifying them that their
permits will be suspended effective January 1, 2006. ATF will advise Customs and Border
Protection that in no event should these permits be accepted to release these items for entry into
the United States on or after January 1, 2006.
Importers are reminded that no new permits for these items will be issued, including the issuance
of permits that would be necessary to remove frames, receivers or barrels that are currently held
or may be placed in a Customs Bonded Warehouse or Foreign Trade Zone. Importers are also
advised that ATF previously approved permits for nonimportable barrels and receivers are for
repair or replacement only, and this restriction was stamped on the face of the permit. Importers
who import such components for any purpose other than repair or replacement of existing
firearms, e.g., for assembly into new firearms, will be exceeding the scope of the import
authorization in violation of law. If ATF determines, through inspection or otherwise, that an
importer willfully violates the import provisions of the GCA, the importer's license is subject to
revocation pursuant to 18 U.S.C. § 923(e).
Maintaining open lines of communication is vital to the successful future of ATF’s partnership
with the import community. The Firearms and Explosives Imports Branch staff is available to
answer your questions about the issues addressed in this letter. You may reach us by phone at
(202) 927-8320 or by fax at (202) 927-2697. Additional information regarding this issue will be
provided on our Website at www.atf.gov.
Sincerely yours,
Lewis P. Raden
Assistant Director
Enforcement Programs and Services