thereon state or imply that the contents are wine or are made from wine, such marks or labels must state with equal prominence that the contents are not for beverage use.

§ 170.689 Acknowledgment of receipt by user of nonbeverage wine.

Each person receiving nonbeverage wine covered by a notice of shipment required by § 170.687(b) shall acknowledge receipt on one copy of the notice of shipment, indicating the date received and any shortages in shipment, and promptly forward such acknowledgment to the regional director (compliance) designated on the notice of shipment.

(Approved by the Office of Management and Budget under control number 15120292)

[T.D. 6936, 32 FR 16260, Nov. 29, 1967. Redesignated at 40 FR 16835, Apr. 15, 1975, and amended by T.D. ATF-172, 49 FR 14941, Apr. 16, 1984]

§ 170.690 Bonded wine cellar records.

(a) Daily records. Every proprietor producing nonbeverage wine shall keep daily records, separate from other records required by Part 240 of this chapter, showing the following for each formula of nonbeverage wine produced and withdrawn:

(1) The kind, quantity, and percent alcohol by volume of wine, or wine products made from wine, rendered unfit for beverage use;

(2) The kind and quantity of materials received to render wine, or wine products made from wine, unfit for beverage use;

(3) The kind and quantity of materials used to render wine, or wine products made from wine, unfit for beverage use;

(4) The name, quantity, percent alcohol by volume, and formula number of each nonbeverage wine produced;

(5) The name, quantity, percent alcohol by volume, and formula number of nonbeverage wine removed;

(6) The date of removal; and

(7) The name and address of the consignee if the removal is more than 5 wine gallons or two cases, or if the nonbeverage wine is shipped for resale.

Where a proprietor withdraws nonbeverage wine free of tax from his bonded wine cellar to his taxpaid room or to adjacent premises operated by him, he shall, at each such location, maintain the records required by paragraphs (a) (5), (6), and (7) of this section.

(b) Summaries and reports. The quantity of wine, or wine products made from wine, used to produce nonbeverage wine shall be recorded daily in records prescribed by 27 CFR 240.908. At the close of each month, the quantities shall be totaled and the total recorded as a credit on Form 5120.17(702). The quantities of nonbeverage wine produced and withdrawn each month shall be summarized each month by tax class and reported on Form 5120.17(702) for that month.

(Approved by the Office of Management and Budget under control number 15120298)

[T.D. 6936, 32 FR 16260, Nov. 29, 1967. Redesignated at 40 FR 16835, Apr. 15, 1975, and amended by T.D. ATF-63, 45 FR 5694, Jan. 24, 1980; T.D. ATF-172, 49 FR 14942, Apr. 16, 1984]

Each proprietor producing nonbeverage wines shall take a physical inventory of all nonbeverage wines in bond at the same time as the inventory required under 27 CFR 240.903. The nonbeverage wine inventory record shall show the total quantity of wine in each tax class by formula number. The inventory record shall be retained as required under 27 CFR 240.903.

(Approved by the Office of Management and Budget under control number 15120298)

[T.D. ATF-63, 45 FR 5695, Jan. 24, 1980, as amended by T.D. ATF-172, 49 FR 14942, Apr. 16, 1984]

Sec.

178.146 Deliveries by mail to certain per

sons.

178.147 Repair of firearm.

178.148 Ammunition loading for personal

use.

Subpart J-Penalties, Seizures, and Forfeitures

178.161 False statement or representation. 178.162 Transportation or receipt to commit a crime.

178.163 Commission of a Federal crime. 178.164 Receipt, etc., of firearms by certain

persons.

178.165 Receipt, etc., of firearms by certain employees.

178.166 Seizure and forfeiture.

Subpart K-Exportation

178.171 Exportation.

AUTHORITY: 18 U.S.C. 921-928; 44 U.S.C. 3504(h), unless otherwise noted.

SOURCE: 33 FR 18555, Dec. 14, 1968, unless otherwise noted. Redesignated at 40 FR 16835, Apr. 15, 1975.

Subpart A-Introduction

§ 178.1 Scope of regulations.

(a) In general. The regulations contained in this part relate to commerce in firearms and ammunition and are promulgated to implement Title I, State Firearms Control Assistance (18 U.S.C. Chapter 44), of the Gun Control Act of 1968 (82 Stat. 1213), and Title VII, Unlawful Possession or Receipt of Firearms (82 Stat. 236; 18 U.S.C. Appendix) of the Omnibus Crime Control and Safe Streets Act of 1968 (82 Stat. 197) as amended by Title III of the Gun Control Act of 1968 (82 Stat. 1236).

(b) Procedural and substantive requirements. This part contains the procedural and substantive requirements relative to:

(1) The interstate or foreign commerce in firearms and ammunition;

(2) The licensing of manufacturers, importers, and collectors of, and dealers in, firearms and ammunition;

(3) The conduct of business or activity by licensees;

(4) The importation of firearms and ammunition;

(5) The records and reports required of licensees;

(6) Relief from disabilities under this part; and

(7) Exempt interstate and foreign commerce in firearms and ammunition.

(c) Federal Firearms Act licenses. This part fully applies to operations by persons licensed under the Federal Firearms Act and Part 177 of this chapter who are continuing their operations under such license pursuant to section 907 of the Omnibus Crime Control and Safe Streets Act of 1968 (82 Stat. 235). Any reference in this part to "license," "licensee," "licensed dealer," "licensed importer," "licensed manufacturer," etc., shall apply equally as the case may be to licenses and persons licensed under the Federal Firearms Act who are continuing operations pursuant to a license issued under that Act.

§ 178.2 Relation to other provisions of law.

The provisions in this part are in addition to, and are not in lieu of, any other provision of law, or regulations, respecting commerce in firearms or ammunition. For regulations applicable to traffic in machine guns, destructive devices, and certain other firearms, see Part 179 of this chapter. For statutes applicable to the registration and licensing of persons engaged in the business of manufacturing, importing or exporting arms, ammunition, or implements of war, see section 414 of the Mutual Security Act of 1954 (22 U.S.C. 1934), and regulations thereunder. For statutes applicable to nonmailable firearms, see 18 U.S.C. 1715 and regulations thereunder.

Subpart B-Definitions

§ 178.11 Meaning of terms.

When used in this part and in forms prescribed under this part, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof, terms shall have the meanings ascribed in this section. Words in the plural form shall include the singular, and vice versa, and words importing the masculine gender shall include the feminine. The terms "includes" and "including" do not ex

clude other things not enumerated which are in the same general class or are otherwise within the scope thereof.

Act. 18 U.S.C. Chapter 44. Ammunition. Ammunition or cartridge cases, primers, bullets, or propellent powder designed for use in any firearm other than an antique firearm. The term shall not include (a) any shotgun shot or pellet not designed for use as the single, complete projectile load for one shotgun hull or casing, nor (b) any unloaded, non-metallic shotgun hull or casing not having a primer.

Antique firearm. (a) Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and (b) any replica of any firearm described in paragraph (a) of this definition if such replica (1) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or (2) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.

ATF officer. An officer or employee of the Bureau of Alcohol, Tobacco and Firearms (ATF) authorized to perform any function relating to the administration or enforcement of this part.

Business premises. The property on which firearms or ammunition importing, manufacturing or dealing business is or will be conducted. A private dwelling, no part of which is open to the public, shall not be recognized as coming within the meaning of the term.

Collection premises. The premises described on the license of a collector as the location at which he maintains his collection of curios and relics.

Collector. Any person who acquires, holds, or disposes of firearms or ammunition as curios or relics.

Commerce. Travel, trade, traffic, commerce, transportation, or communication among the several States, or between the District of Columbia and any State, or between any foreign country or any territory or possession and any State or the District of Columbia, or between points in the same

State but through any other State or the District of Columbia or a foreign country.

Crime punishable by imprisonment for a term exceeding 1 year. Any offense for which the maximum penalty, whether or not imposed, is capital punishment or imprisonment in excess of 1 year. The term shall not include (a) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulations of business practices excluded from the meaning of the term under provisions contained in this part, or (b) any State offense (other than one involving a firearm or explosive) classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of 2 years or less.

Curios or relics. Firearms or ammunition which are of special interest to collectors by reason of some quality other than is ordinarily associated with firearms intended for sporting use or as offensive or defensive weapons. To be recognized as curios or relics, firearms and ammunition must fall within one of the following categories:

(a) Firearms and ammunition which were manufactured at least 50 years prior to the current date, but not including replicas thereof;

(b) Firearms and ammunition which are certified by the curator of a municipal, State, or Federal museum which exhibits firearms to be curios or relics of museum interest; and

(c) Any other firearms or ammunition which derive a substantial part of their monetary value from the fact that they are novel, rare, bizarre, or because of their association with some historical figure, period, or event. Proof of qualification of a particular firearm or item of ammunition under this category may be established by evidence of present value and evidence that like firearms or ammunition are not available except as collector's items, or that the value of like firearms or ammunition available in ordinary commercial channels is substantially less.

Customs officer. Any officer of the Customs Service or any commissioned,

warrant, or petty officer of the Coast Guard, or any agent or other person authorized by law or designated by the Secretary of the Treasury to perform any duties of an officer of the Customs Service.

Dealer. Any person engaged in the business of selling firearms or ammunition at wholesale or retail; any person engaged in the business of repairing firearms or of making or fitting special barrels, stocks, or trigger mechanisms to firearms; or any person who is a pawnbroker.

Destructive device. (a) Any explosive, incendiary, or poison gas (1) bomb, (2) grenade, (3) rocket having a propellant charge of more than 4 ounces, (4) missile having an explosive or incendiary charge of more than one-quarter ounce, (5) mine, or (6) device similar to any of the devices described in the preceding paragraphs of this definition; (b) any type of weapon (other than a shotgun or a shotgun shell which the Director finds is generally recognized as particularly suitable for sporting purposes) by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than onehalf inch in diameter; and (c) any combination of parts either designed or intended for use in converting any device into any destructive device described in paragraph (a) or (b) of this section and from which a destructive device may be readily assembled. The term shall not include any device which is neither designed nor redesigned for use as a weapon; any device, although originally designed for use as a weapon, which is redesigned for use as a signalling, pyrotechnic, line throwing, safety, or similar device; surplus ordnance sold, loaned, or given by the Secretary of the Army pursuant to the provisions of section 4684(2), 4685, or 4686 of Title 10, United States Code; or any other device which the Director finds is not likely to be used as a weapon, is an antique, or is a rifle which the owner intends to use solely for sporting, recreational, or cultural purposes.

Director. The Director, Bureau of Alcohol, Tobacco and Firearms, the

Department of the Treasury, Washington, D.C.

Discharged under dishonorable conditions. Separation from the U.S. Armed Forces resulting from a Dishonorable Discharge.

Executed under penalties of perjury. Signed with the prescribed declaration under the penalties of perjury as provided on or with respect to the return form, or other document or, where no form of declaration is prescribed, with the declaration:

"I declare under the penalties of perjury that this (insert type of document, such as, statement, application, request, certificate), including the documents submitted in support thereof, has been examined by me and, to the best of my knowledge and belief, is true, correct, and complete."

Federal Firearms Act. 15 U.S.C. Chapter 18.

Felony. Any offense punishable by imprisonment for a term exceeding 1 year. The term shall not include any offense (other than one involving a firearm or explosive) classified as a misdemeanor under the laws of a State and punishable by a term of imprisonment of 2 years or less.

Firearm. Any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; or any destructive device; but the term shall not include an antique firearm. In the case of a licensed collector, the term shall mean only curios and relics.

Firearm frame or receiver. That part of a firearm which provides housing for the hammer, bolt or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel.

Fugitive from justice. Any person who has fled from any State to avoid prosecution for a crime or to avoid giving testimony in any criminal proceeding.

Importation. The bringing of a firearm or ammunition into the United States; except that the bringing of a firearm or ammunition from outside the United States into a foreign-trade zone for storage pending shipment to