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Re-transfer Policy Changes?

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From Gun Week September 10, 2004 Business Page


By Robert M. Hausman


The US government's policy on the reimportation of US origin firearms is about to change, and details on the status of post-ban over-10-round firearm magazines if the federal ban expires in September, were among the issues addressed at the third annual edition conference of "ATF & The Imports Community," held July 19-20 in Alexandria, VA.


Re-transfer Policy


An anticipated change (within the next several weeks) in the US government's re-transfer policy (of presumptive denial) on importation of US-origin defense articles (to one of presumptive approval) was detailed during the meeting by David Quinn, deputy director, US Department of State's Bureau of Political-Military Affairs, Office of Regional Security and Arms Transfer Policy.



The change may or may not affect the importation of US-origin ammunition. Foreign-produced copies of firearms, the designs for which originated in the US, such as the M-l Garand, would be treated as qualifying for US importation, Quinn said.


He added, however, that the US government will likely seek reimbursement for the firearms if they were provided to the foreign government under a foreign assistance program. Reimbursement would also be sought for foreign-produced copies of firearms that originated in the US (such as the M-l Garand) under the theory that the copies were produced based on US technology. He acknowledged that it was possible for the Dept.of State to consider waiver applications for the reimbursement fees if the individual situation was deemed to warrant it.


Though the government's position will change to look more favorably on such imports, every transfer would still have to be reviewed by the State Dept. to ensure the proposed transfer is legally appropriate. Importers seeking to re-import such goods would have to have the seller seek authorization to transfer the goods to the importer for reimportation into the US in advance of the transaction.


Also, the divesting government is required to have the prior consent of the President of the US (or the Secretary of State by delegation) prior to the transfer of US government-origin defense articles to another country or a private entity. The Secretary of State has statutory control over the re-transfer of such defense articles, Quinn explained.


For transfers of "significant military equipment" (such as cannon, mortars and the like) the presumption of denial policy will apparently remain in place. The very limited exceptions to a presumption of denial would be a proposed importation in support of a government contract or for use in a demilitarized static museum display. A US private entity desiring to import such articles would have to provide end-use and retransfer assurances and title may not transfer until the goods are within the territory of the US.


Quinn added that the Directorate of Defense Trade Controls has become much, busier in recent years. It is now processing 60,000 applications a year, compared to 40,000 annually seven years ago.


Lewis P. Raden, ATF assistant director, office of enforcement, programs and services, noted that the National Firearms Act (NFA) Forms 2 and 9 are expected to become available electronically next year. Problems in developing an E-signature process are holding back the debut of the

electronic versions of the forms. Raden emphasized, however, that "ATF is committed to making its regulation of the industry more efficient."


The ATF Imports Branch is still operating without a chief and Raden said the agency is working to find a qualified person who will want to stay in the position. ATF has experienced a high turnover rate of Imports Branch chiefs in recent years.

Edited by Brkdnc
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QUOTE (hardrede @ Oct 2 2004, 07:57 PM)
This is what I have been preaching about!!!!!!! And, FWIW, "Lend-Lease" from Russia is a definite NO-GO, even if they change the rules. You can find out for yourselves by going to the US State Department website and looking it up. As well, in the Guide to Federal Firearms Regulations there is a specific section devoted to the VERY NARROW circumstances that weapons and ammo can be exported to the US. It mostly contains .22 LR rifles, some WWII bolt-action Mausers, and some ammo. There is clearly NO exceptions for NFA parts, "Lend-Lease" parts etc. If there was, don't you think that there would be a flood of RUSSIAN AK parts sets?????

yes"" and some svd sniper para model's that i tried to get here....can only do one for r&d..and it must be returned within 3 year's..not worth the effort........after that fiasco...i sold my svd collection....since i could not complete it!!i sold it!


and i had some nice stuff......afghan war bringback's also,and south african merc.war stuff.......

take care,ron

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QUOTE (hardrede @ Oct 3 2004, 12:02 PM)
No, you will still have to apply to the US State Department for the approval. That has not changed. And, FWIW, I have been questioning all of these parts that are coming in because I have not seen, nor heard of, approval by DOS.

So........ Back to Mars Ron!!!!

what now you think i am somebody else making up posts??jeez gimme a break already on this one...


i guess this new guy has valid questions or points to make...for me......i'm moving on to widgit's made of wood....and replica gun's....no paperwork to fill out...does not go bang!!


take care,ron

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Hey guy’s I didn’t want to start anything here. It Is that I know a Class 3 dealer and a couple C2's and I had just read that post on those Russian parts kits and you guys were debating back and forth about the legality of them.


So I asked those guys if they knew about the lend-lease act, because I didn’t know all the details about it. That is when they said that it is changing. He said they have been working on this for over a year and the last hurtle was that the Homeland Security guys had to approve the change. He said they just did that. I asked if he had any documentation because I couldn’t find any thing about it on the web. That’s when I got the Clip from Gun Week that I posted.


Yes you have to get the forms approved, but from the way I read the article they are changing it from a no you can’t do it to yes they are going to approve the forms. Sure you will still have to pay the government back the money, but it is a small amount and Companies can still make a reasonable profit when they resell the items imported.


Yea I am new here I registered here months ago when I wanted more information on Thompson’s. I stopped back after the Ban because I saw on UziTalk.com that there might be a group buy on drums.


No. I don’t own a TSMG but thru the people I know I can shoot at least 3 different ones at our Club shoots. Our Club web page can be seen HERE. But I do have a West Hurley made semi.



David A.K.A. Brkdnc

Pseudo webmaster for WINS (WIsconsin Nfa Shooters)

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i really like "Elvira" in all black around this time of the year...


i thought fred norris on the howard stern show was the "man from mar's"i guess i can have that moniker also... respected mar's man...


mr=m-203 or mr krink!!


i am the original "KRINKOV" on the ak boards anyhow..have been so for over four years now...


too many title's never -e-nuff time!! wink!!


take care ron

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Thanks PhilOhio.


However, I already own 3 garands, 1 from CMP directly and two through other's resales. Idiots. http://www.machinegunbooks.com/forums/invboard1_1_2/upload/html/emoticons/biggrin.gif


The one directly from CMP was a Springfield 545XXX April 1942 with original barrel. Beautiful green gray park.


I encourage everyone to take advantage of that organization's sale of these great weapons.



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