CFR-2012-title27-vol3-sec479-62

Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice

basis of the exemption shall be attached to the Form 1 (Firearms).

the tax on the making of a firearm
shall be represented by a $200 adhesive
stamp bearing the words ‘‘National
Firearms Act.’’ The stamps are maintained by the Director.

[T.D. ATF–270, 53 FR 10508, Mar. 31, 1988]

§ 479.63 Identification of applicant.
If the applicant is an individual, the
applicant shall securely attach to each
copy of the Form 1 (Firearms), in the
space provided on the form, a photograph of the applicant 2 × 2 inches in
size, clearly showing a full front view
of the features of the applicant with
head bare, with the distance from the
top of the head to the point of the chin
approximately 11⁄4 inches, and which
shall have been taken within 1 year
prior to the date of the application.
The applicant shall attach two properly completed FBI Forms FD–258 (Fingerprint Card) to the application. The
fingerprints must be clear for accurate
classification and should be taken by
someone properly equipped to take
them. A certificate of the local chief of
police, sheriff of the county, head of
the State police, State or local district
attorney or prosecutor, or such other
person whose certificate may in a particular case be acceptable to the Director, shall be completed on each copy of
the Form 1 (Firearms). The certificate
shall state that the certifying official
is satisfied that the fingerprints and
photograph accompanying the application are those of the applicant and that
the certifying official has no information indicating that possession of the
firearm by the maker would be in violation of State or local law or that the
maker will use the firearm for other
than lawful purposes.

[T.D. ATF–270, 53 FR 10508, Mar. 31, 1988]

APPLICATION TO MAKE A FIREARM

erowe on DSK5CLS3C1PROD with CFR

§ 479.62

§ 479.64

Application to make.

No person shall make a firearm unless the person has filed with the Director a written application on Form 1
(Firearms), Application to Make and
Register a Firearm, in duplicate, executed under the penalties of perjury, to
make and register the firearm and has
received the approval of the Director to
make the firearm which approval shall
effectuate registration of the weapon
to the applicant. The application shall
identify the firearm to be made by serial number, type, model, caliber or
gauge, length of barrel, other marks of
identification, and the name and address of original manufacturer (if the
applicant is not the original manufacturer). The applicant must be identified on the Form 1 (Firearms) by name
and address and, if other than a natural
person, the name and address of the
principal officer or authorized representative and the employer identification number and, if an individual,
the identification must include the
date and place of birth and the information prescribed in § 479.63. Each applicant shall identify the Federal firearms license and special (occupational)
tax stamp issued to the applicant, if
any. The applicant shall also show required information evidencing that
making or possession of the firearm
would not be in violation of law. If the
making is taxable, a remittance in the
amount of $200 shall be submitted with
the application in accordance with the
instructions on the form. If the making
is taxable and the application is approved, the Director will affix a National Firearms Act stamp to the original application in the space provided
therefor and properly cancel the stamp
(see § 479.67). The approved application
will be returned to the applicant. If the
making of the firearm is tax exempt
under this part, an explanation of the

[T.D. ATF–270, 53 FR 10509, Mar. 31, 1988]

§ 479.64 Procedure for approval of application.
The application to make a firearm,
Form 1 (Firearms), must be forwarded
directly, in duplicate, by the maker of
the firearm to the Director in accordance with the instructions on the form.
The Director will consider the application for approval or disapproval. If the
application is approved, the Director
will return the original thereof to the
maker of the firearm and retain the duplicate. Upon receipt of the approved
application, the maker is authorized to
make the firearm described therein.

99

VerDate Nov<24>2008

08:41 Apr 27, 2010

Jkt 220106

PO 00000

Frm 00109

Fmt 8010

Sfmt 8010

Y:\SGML\220106.XXX

220106