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Firearms Verification - Gun Control Act Definitions 11

Firearm
18 U.S.C., § 921(a)(3)

NOTE: This section is intended to provide basic guidance in understanding firearm terminology.
Please bear in mind that these illustrations do not necessarily depict importable firearms.

The term "FIREARM" means:

A. 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;

B. The frame or receiver of any such weapon;

C. Any firearm muffler or firearm silencer; or

D. Any destructive device.

Firearm Frame or Receiver


Firearms Verification - Gun Control Act Definitions 12

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. 27 CFR § 478.11.

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Firearms Verification - Gun Control Act Definitions 13

Antique Firearm
18 U.S.C. § 921(a)(16)

The term "ANTIQUE FIREARM” means:

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 subparagraph (A) if such replica

i. is not designed or redesigned for using rimfire or conventional centerfire fixed


ammunition, or
ii. 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.
Firearms Verification - Gun Control Act Definitions 14

C. Any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is
designed to use black powder, or black powder substitute, and which cannot use fixed
ammunition. For purposes of this subparagraph, the term antique firearm shall not include
any weapon which includes a firearm frame or receiver, any firearm which is converted
into a muzzle loading weapon, or any muzzle loading weapon which can be readily
converted to fire fixed ammunition by replacing the barrel, bolt, breechblock or any
combination thereof.

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Firearms Verification - Gun Control Act Definitions 15

Ammunition
18 U.S.C. § 921(a)(17)(A)

The term "AMMUNITION" means ammunition or cartridge cases, primers, bullets, or propellant
powder designed for use in any 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. 27 CFR § 478.11

Armor piercing ammunition – 18 U.S.C., § 921(a)(17)(B)

• A projectile or projectile core which may be used in a handgun and which is constructed
entirely (excluding the presence of traces of other substances) from one or a combination
of tungsten alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium; or
• A full jacketed projectile larger than .22 caliber designed and intended for use in a
handgun and whose jacket has a weight of more than 25 percent of the total weight of
the projectile.

The term "armor piercing ammunition" does not include shotgun shot required by
Federal or State environmental or game regulations for hunting purposes, a frangible
projectile designed for target shooting, a projectile which the Attorney General finds is
primarily intended to be used for sporting purposes, or any other projectile or
projectile core which the Attorney General finds is intended to be used for industrial
purposes, including a charge used in an oil and gas well perforating device.
Firearms Verification - Gun Control Act Definitions 16

Silencer
18 U.S.C. § 921(a)(24)

The term "FIREARM SILENCER " or


"FIREARM MUFFLER" means any
device for silencing, muffling, or
diminishing the report of a portable
firearm, including any combination of
parts, designed or redesigned, and
intended for the use in assembling or
fabricating a firearm silencer or firearm
muffler, any part intended only for use in
such assembly or fabrication.

NOTE: Any device that meets the definition as stipulated above in 18 U.S.C. § 921(a)
(24) is also subject to controls of the National Firearms Act 26 U.S.C., Chapter 53.

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Firearms Verification - Gun Control Act Definitions 17

Pistol
18 U.S.C. § 921 (a)(29) And 27 CFR § 478.11

The term "PISTOL" means a weapon originally designed, made, and intended to fire a
projectile (bullet) from one or more barrels when held in one hand, and having:

• a chamber(s) as an integral part(s) of, or permanently aligned with, the bore(s);


• and a short stock designed to be gripped by one hand at an angle to and extending
below the line of the bore(s).

NOTE: This illustration shows the primary characteristics exhibited in the pistol
category. Since pistol configurations differ significantly, various models in this
classification may exhibit any of the illustrated components in a revised configuration,
but not necessarily all components shown will be incorporated in any given design.

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Firearms Verification - Gun Control Act Definitions 18

Revolver
18 U.S.C. § 921 (a)(29) And 27 CFR § 478.11

The term "REVOLVER" means a projectile weapon of the pistol type, having a breechloading
chambered cylinder so arranged that the cocking of the hammer or movement of the trigger
rotates it and brings the next cartridge in line with the barrel for firing.

NOTE: This illustration shows the primary characteristics exhibited in the


revolver category. Since revolver configurations differ significantly, various
models in this classification may exhibit any of the illustrated components in a
revised configuration but not necessarily all components shown will be
incorporated in any one given design.

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Firearms Verification - Gun Control Act Definitions 19

Rifle
18 U.S.C. § 921 (a)(7) And 27 CFR § 478.11

The term "RIFLE" means a weapon designed or redesigned, made or remade, and intended to
be fired from the shoulder and designed or redesigned and made or remade to use the energy
of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore
for each single pull of the trigger.

NOTE: This illustration shows the primary characteristics exhibited in the rifle
category. Since rifle configurations differ significantly, various models in this
classification may exhibit any of the illustrated components in a revised configuration
but not necessarily all components shown will be incorporated in any one given
design.

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Firearms Verification - Gun Control Act Definitions 20

Shotgun
18 U.S.C. § 921 (a)(5) And 27 CFR § 478.11

The term "SHOTGUN" means a weapon designed or redesigned, made or remade, and
intended to be fired from the shoulder, and designed or redesigned and made or remade to
use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a
number of ball shot or a single projectile for each single pull of the trigger.

NOTE: This illustration shows the primary characteristics exhibited in the shotgun
category. Since shotgun configurations differ significantly, various models in this
classification may exhibit any of the illustrated components in a revised configuration
but not necessarily all components shown will be incorporated in any one given
design.

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Firearms Verification - National Firearms Act Definitions 21

Firearm
26 U.S.C. Chapter 53

For the purposes of the National Firearms Act, the following definitions are used to define and verify the
different types of firearms:

§ 5845(d) – The term "SHOTGUN" means a weapon designed or redesigned, made or remade, and intended
to be fired from the shoulder, and designed or redesigned and made or remade to use the energy of the
explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single
projectile for each single pull of the trigger.

§ 5845(a)(1) – The term "FIREARM" means a shotgun having a barrel or barrels of less than 18 inches in
length;

§ 5845(a)(2) – The term "FIREARM" means a weapon made from a shotgun if such weapon as modified has
an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length;

Rifle– 26 U.S.C., § 5485(a)

For the purposes of the National Firearms Act, the following definitions are used to define and verify the
different types of firearms:
Firearms Verification - National Firearms Act Definitions 22

§ 5845(c) – The term "RIFLE" means a weapon designed or redesigned, made or remade, and intended to be
fired from the shoulder, and designed or redesigned and made or remade to use the energy of the explosive in
a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

§ 5845(a)(3) – The term "FIREARM" means a rifle having a barrel or barrels of less than 16 inches in length;

§ 5845(a)(4) – The term "FIREARM" means a weapon made from a rifle if such weapon as modified has an
overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length;

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Firearms Verification - National Firearms Act Definitions 23

Silencer
26 U.S.C. § 5845(a)(7)

For the purposes of the National


Firearms Act the term Silencer is
defined in 18 U.S.C. § 921(a)(24)

The term "FIREARM SILENCER " or


"FIREARM MUFFLER" means any
device for silencing, muffling, or
diminishing the report of a portable
firearm, including any combination of
parts, designed or redesigned, and
intended for the use in assembling or
fabricating a firearm silencer or firearm
muffler, any part intended only for use in
such assembly or fabrication.

NOTE: Any device that meets the definition as stipulated above in 18 U.S.C. § 921(a)
(24) is also subject to controls as defined in the National Firearms Act, 26 U.S.C.,
Chapter 53.

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Firearms Verification - National Firearms Act Definitions 24

Machinegun
26 U.S.C. § 5845(b)

For the
purposes of
the
National
Firearms
Act the
term

Machinegun means:

• Any weapon which shoots, is designed to shoot, or can be readily restored to shoot,
automatically more than one shot without manual reloading, by a single function of the
trigger
• The frame or receiver of any such weapon
• Any part designed and intended solely and exclusively or combination of parts designed
and intended for use in converting a weapon into a machinegun, or
• Any combination of parts from which a machinegun can be assembled if such parts are
in the possession or under the control of a person.

NOTE: Due to the similarity in appearance and general configuration of


semiautomatic firearms, a comprehensive examination of the firearm and/or its
component parts is required to correctly determine its classification.

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Firearms Verification - National Firearms Act Definitions 25

Any Other Weapon


26 U.S.C. § 5845(e)

For the purposes of the National Firearms Act, the term "ANY OTHER WEAPON " means:

• Any weapon or device capable of being concealed on the person from which a shot can
be discharged through the energy of an explosive;
• A pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a
fixed shotgun shell;
• Weapons with combination shotgun and rifle barrels 12 inches or more, less than 18
inches in length, from which only a single discharge can be made from either barrel
without manual reloading; and
• Any such weapon which may be readily restored to fire.

Such term shall not include a pistol or a revolver having a rifled bore, or rifled bores, or
weapons designed, made, or intended to be fired from the shoulder and not capable of firing
fixed ammunition.

Examples of "ANY OTHER WEAPON" include:


Firearms Verification - National Firearms Act Definitions 26

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Firearms Verification - National Firearms Act Definitions 27

Destructive Device
26 U.S.C. § 5845(f)

For the
purposes of
the National
Firearms Act,
the term

"DESTRUCTIVE DEVICE” means:

• A missile having an explosive or incendiary charge of more than 1/4 oz.


• Any type of weapon by whatever name known which will, or which may readily be
converted to expel a projectile, by the action of an explosive or other propellant, the
barrel or barrels of which have a bore greater than one-half inch in diameter.
• A combination of parts designed and intended for use in converting a device into a
destructive device and from which a destructive device can be readily assembled.

Exemptions:

• A shotgun or shotgun shell which is determined by the Attorney General to be generally


recognized as particularly suitable for sporting purposes.
• a device which is neither designed nor redesigned for use as a weapon,
• a device which is designed or redesigned for use as a signaling, pyrotechnic, line-
throwing, safety, or similar device,
• surplus ordnance sold, loaded, or given by the Secretary of the Army pursuant to law
such as antique, obsolete bronze or iron cannon,
• a device which the Attorney General determines is not likely to be used as a weapon.
• An antique firearm, or
• a rifle which the owner intended to use solely for sporting purposes.
Firearms Verification - National Firearms Act Definitions 28

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Firearms Verification - National Firearms Act Definitions 29

Antique Firearm
26 U.S.C. § 5845(g)

For the purposes of the National Firearms Act, the term "ANTIQUE FIREARM" means any
firearm not intended or redesigned for using rim fire or conventional center fire ignition with
fixed ammunition and manufactured in or before 1898 (including any matchlock, flintlock,
percussion cap or similar type of ignition system or replica thereof, whether actually
manufactured before or after the year 1898) and also any firearm using fixed ammunition
manufactured in or before 1898, for which ammunition is no longer manufactured in the United
States and is not readily available in the ordinary channels of commercial trade.

Examples of "ANTIQUE WEAPONS" include:

1. Muzzleloading Rifle (made in or before 1898 or a Replica thereof)

◦ Determinants for Classification: Even though this weapon may exhibit a barrel
shorter than 16 inches and/or an overall length less than 26 inches, it is not
subject to NFA regulations governing those dimensions because it employs a
primitive ignition system identified as an exempting characteristic.

2. Original Percussion Shotgun

◦ Determinants for Classification: Even though this weapon may exhibit a barrel
shorter than 18 inches and/or an overall length less than 26 inches, it is not
Firearms Verification - National Firearms Act Definitions 30

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subject to NFA regulations governing those dimensions because it employs a


primitive ignition system identified as an exempting characteristic.

3. Original Antique Rifle

◦ Determinants for Classification: Even though this weapon may exhibit a barrel
shorter than 16 inches, it is subject to NFA regulations governing those
dimensions because it employs a conventional ignition system and uses fixed
ammunition that is readily available through ordinary channels of commercial
trade. Consequently, this weapon would be classified as a "Short-barreled
Shotgun" and therefore all NFA regulations apply.

4. Original Antique Shotgun


Firearms Verification - National Firearms Act Definitions 31

◦ Determinants for Classification: Even though this weapon may exhibit a barrel
shorter than 18 inches, it is subject to NFA regulations governing minimum
dimensions because it employs a conventional ignition system and uses fixed
ammunition that is readily available through ordinary channels of commercial
trade. Consequently, this weapon would be classified as a "short-barreled
Shotgun" and therefore all NFA regulations.

5. Original Antique Rifle

◦ Determinants for Classification: Even though this weapon may exhibit a barrel
shorter than 16 inches and is less than 16 inches in overall length, it is subject to
NFA regulations governing those dimensions because it employs a conventional
ignition system and uses fixed ammunition that is readily available through
ordinary channels of commercial trade. Consequently, this weapon would be
Firearms Verification - National Firearms Act Definitions 32

classified as a "Weapon made from a Rifle" and therefore all NFA regulations
apply.

6. Original Antique Shotgun

◦ Determinants for Classification: Even though this weapon may exhibit a barrel
shorter than 18 inches and is less than 16 inches in overall length, it is subject to
NFA regulations governing those dimensions because it employs a conventional
ignition system and uses fixed ammunition that is readily available through
ordinary channels of commercial trade. Consequently, this weapon would be
classified as a "Weapon made from a Rifle" and therefore all NFA regulations
apply.

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