ATF Open Letter to Firearms and Munitions Importers on Retransfer of Certain Curio or Relic Firearms

The ATF explains that this open letter has been prepared in order to inform industry members about recent changes that may affect their day-to-day operations and/or long range plans.

State's Conditions for Retransfer of Curio, Relic Firearmsto U.S. Private Entities

According to the ATF's open letter, State's Bureau of Political Military Affairs will now, on a case-by-case basis, permit the retransfer of U.S. manufactured military firearms that were sold or granted by the U.S. Government and that are classified by ATF as curio or relic firearms, to U.S. private entities under the following conditions:

ATF has determined that such firearms are curios or relics and are importable for commercial resale under the National Firearms Act, Gun Control Act, and the Arms Export Control Act;

The foreign government to which the U.S. Government had furnished the firearms certifies to the U.S. Government that it owns such firearms;

The Department of Justice, ATF, Federal Bureau of Investigation, Department of Homeland Security, or Bureau of Political Military Affairs/Directorate of Defense Trade Controls, etc., have no derogatory information regarding the entity;

The ATF and relevant domestic agencies do not object to particular imports, subject to such provisos as they may require to assist them in any related monitoring or law enforcement efforts;

Title will not transfer until such items are in the customs jurisdiction of the U.S.; and

Importers provide appropriate end-use and retransfer assurances related to the importation of such items.

State's Policy Changes Will Not Affect How ATF Processes Permit Applications

The ATF states that prospective importers of U.S. manufactured military firearms should note that the above policy changes implemented by State will not affect how ATF processes applications for permits to import such firearms. Applicants for permits to import U.S. manufactured military firearms, among other things, must:

Attach to their permit application written retransfer authorization for such firearms from the State Department. ATF cautions that applications without written retransfer authorization will be denied.

Seek the importation of only those U.S. manufactured military firearms determined by ATF to be curio or relic firearms (27 CFR 478.11).

With respect to handguns, seek the importation of only those handguns that are of a type that is generally recognized as particularly suitable for or readily adaptable to sporting purposes per 18 USC 925(d)(3).

Seek the importation of only those U.S. manufactured military firearms that are assembled in their original military configuration.

According to the ATF, properly filed import applications for U.S. manufactured surplus military firearms classified as curios or relics do not require submission of a law enforcement purchase order, pursuant to 18 USC 925(e). As such, ATF Ruling 80-8 will be modified in part in the near future to reflect that purchase orders are not required for those specific items.

ATF Open Letter (dated 07/12/05) available athttp://www.atf.gov/firearms/071205openletter.pdf