6.5

Restricted firearms

Destructive devices, machine guns, and short-barreled weapons

Four categories of firearm carry a condition the ordinary counter procedure does not. The sale or delivery by a licensee of any destructive device, machine gun, short-barreled shotgun, or short-barreled rifle to any person OTHER THAN another licensee who is licensed to deal in such a device or firearm is prohibited — unless the person receiving it furnishes a sworn statement. Note where the line falls: a transfer to a licensee entitled to deal in these items is outside this rule altogether, and the requirement bites on transfers to everyone else.

The sworn statement has to establish two things, and they are matters of judgment rather than of fact about the buyer. It must set forth the reasons why there is a reasonable necessity for that person to purchase or otherwise acquire the device or weapon, and that the person’s receipt or possession would be consistent with public safety. That statement is not a shop document: § 478.98 requires it to be made on the application to transfer and register the firearm required by Part 479 — the National Firearms Act side of the business Chapter 1 introduced.

The timing condition is the one that most changes how a dealer handles the transaction. The sale or delivery shall not be made until the application for transfer is APPROVED BY THE DIRECTOR and returned to the licensee as transferor. A deposit, a completed 4473, and a cleared background check take you no further forward here — the firearm stays where it is until an approved application comes back. This is where a dealer meets the two-parts-at-once point from § 1.1 in its most practical form: the commerce rules in this part and the registration process in the other both apply, and the slower one governs when the customer can collect.

Key terms

destructive devicemachine gunshort-barreled shotgunsworn statementreasonable necessity