and amended by T.D. ATF-48, 44 FR 55841, Sept. 28, 1979; T.D. ATF-63, 45 FR 5694, Jan. 24, 1980; T.D. ATF-172, 49 FR 14941, Apr. 16, 1984]

§ 170.688 Marks and labels.

Each container of nonbeverage wine shall be marked or labeled in a plain and durable manner with:

(a) A serial number,

(b) The name of the proprietor and the registry number and location (city and State) of the bonded wine cellar,

(c) The formula number under which the nonbeverage wine was produced,

(d) The contents of the container in wine gallons,

(e) The date of removal or shipment, and

(f) The legend "NOT FOR SALE OR USE AS A BEVERAGE”.

The provisions of this section do not carry or import any relief from other statutory or regulatory labeling requirements. Further, if nonbeverage wine or products made therefrom are placed in bottles or other consumer packages, and the marks or labels 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records required by Part 240 of this chapter, showing the following for each formula of nonbeverage wine produced and withdrawn: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]

178.53 Change in trade name.

178.54 Change of control.

178.55 Continuing partnerships.

178.56 Right of succession by certain per

sons.

178.57

Discontinuance of business.

178.58 State or other law.

178.59 Abandoned application.

178.60 Certain continuances of business.

178.71

Subpart E-License Proceedings

Denial of an application for license. 178.72 Hearing after application denial. 178.73 Notice of revocation.

178.74 Request for hearing after notice of revocation.

178.75 Service on applicant or licensee. 178.76 Representation at a hearing. 178.77 Designated place of hearing.

178.78 Operations by licensees after notice.

Subpart F-Conduct of Business

178.91 Posting of license.

178.92 Identification of firearms and armor piercing ammunition.

178.93 Authorized operations by a licensed

collector.

178.94 Sales or deliveries between licensees.

178.95 Certified copy of license.

178.96 178.97

Out-of-State and mail order sales. Loan or rental of firearms. 178.98 Sales or deliveries of destructive devices and certain firearms.

178.99 Certain prohibited sales or deliveries.

178.100 Conduct of business away from licensed premises.

178.101 Record of transactions.

178.111

Subpart G-Importation
General.

178.112 Importation by a licensed import

er.

178.113 Importation by other licensees.

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) as amended by Pub. L. 99-308 (100 Stat. 449) and Pub. L. 99-360 (100 Stat. 766).

(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 and importers of firearms and ammunition, collectors of firearms, and dealers in firearms;

(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.

[T.D. ATF-241, 51 FR 39614, Oct. 29, 1986]

§ 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 38 of the Arms Export Control Act (22 U.S.C. 2778) and regulations thereunder and Part 47 of this chapter. For statutes applicable to nonmailable firearms, see 18 U.S.C. 1715 and regulations thereunder.

[T.D. ATF-241, 51 FR 39614, Oct. 29, 1986]

car

Act. 18 U.S.C. Chapter 44. Ammunition. Ammunition or tridge 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.

Armor-piercing ammunition. Projectiles or projectile cores which may be used in a handgun and which are constructed entirely (excluding the presence of traces or other substances) from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium. The term does not include shotgun shot required by Federal or State environmental or game regulations for hunting purposes, frangible projectiles designed for target shooting, projectiles which the Director finds are primarily

intended to be used for sporting purposes, or any other projectiles or projectile cores which the Director finds are intended to be used for industrial purposes, including charges used in oil and gas well perforating devices.

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 the manufacturing or importing of firearms or ammunition or the dealing in firearms 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 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 Federal, State or foreign 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 regulation of business practices or (b) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of 2 years or less. What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged or set aside or for which a person has been pardoned or

has had civil rights restored shall not be considered a conviction for the purposes of the Act or this part, unless such pardon, expunction, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms, or unless the person is prohibited by the law of the jurisdiction in which the proceedings were held from possessing any firearms.

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

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

(b) Firearms 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 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 under this category may be established by evidence of present value and evidence that like firearms are not available except as collector's items, or that the value of like firearms 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 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. The term shall include any person

who engages in such business or occupation on a part-time basis.

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.

Engaged in the business—(a) Manufacturer of firearms. A person who devotes time, attention, and labor to manufacturing firearms as a regular course of trade or business with the principal objective of livelihood and