[This letter appears to introduce some new policy information in the 
removal of unregistered NFA firearms from purview of the NFA, when a 
person comes into possession of an NFA firearm that is not registered to 
him or her.  The ATF letter states that "where facts and circumstances 
are such that the violation is nonwillful, and criminal prosecution is 
not warranted, the ATF District Director can authorize modification of a 
firearm so that it is no longer subject to registration requirements."  
Prior to the amendments to the NFA under Title II of the Gun Control Act 
of 1968, District Directors routinely approved the registration of 
unregistered NFA firearms under a "nonwillful violation" interpretation 
of the NFA.

Under ATF's current practices in defining "rifle" and "handgun" 
ammunition, it appears that a .410 bore shotgun cartridge would be "a 
conventional pistol cartridge" that could be used in a modified  smooth 
bore .410 H&R Handy-Gun, or a .410 bore Stevens Off Hand Shot Gun or No. 
35 Auto Shot pistol, so long as the barrel is rifled.  ATF also states 
that ATF must retain any firearm for which an owner or possessor desires 
to be removed from the NFA by removing the features which brought the 
firearm under purview of the NFA.  It seems unclear how such 
modifications can be made if the firearm is in ATF custody, unless ATF 
itself undertakes the modifications.]


				DEPARTMENT OF THE TREASURY
			BUREAU OF ALCOHOL, TOBACCO AND FIREARMS
				WASHINGTON, D.C.  20226

							903050:CHB
							3311
					NOV 30 1999

Mr. Eric M. Larson
Post Office Box 5497
Takoma Park, Maryland 20913

Dear Mr. Larson:

This refers to your letter of July 30, 1999, in which you ask about 
procedures for removing firearms from the provisions of the National 
Firearms Act.

Certain smoothbore pistols are "firearms" subject to the provisions of 
the National Firearms Act (NFA).  You mention "rifled-barrel" handguns 
designed to fire .410 bore shotgun cartridges which are excluded from the 
"any other weapon" definition in section 5845(e) of Title 26, United 
States Code.  However, we are not aware of any such handguns using what 
you refer to as "straight (i.e. parallel) rifling" which qulaify for the 
exclusion from the "any other weapon" definition.

You also mention that ATF has approved in writing, the practice of 
modifying weapons so that they are no longer subject to the purview of 
the NFA.  As you are aware, it is unlawful for anyone to make, transfer, 
or possess an NFA firearm which is not registered to such person in 
accordance with the provisions of the NFA.  An NFA firearm which is not 
registered is contraband and is subject to seizure and forfeiture.  An 
unregistered firearm cannot lawfully be registered to any person.

A person who unlawfully possesses a firearm such as an unregistered .410 
H&R Handy Gun or a Stevens .410 No. 35 Auto Shot pistol should 
immediately contact their local ATF office and arrange for lawful 
disposition of the firearm.

Page 2

Where facts and circumstances are such that the violation is nonwillful, 
and criminal prosecution is not warranted, the ATF District Director can 
authorize modification of a firearm so that it is no longer subject to 
registration requirements.

An individual may apply in writing for instructions on removing a firearm 
from NFA controls.  The firearm must be retained by ATF during the 
modification process and not left in the custody of the owner.  The 
firearm shall not be returned to the owner until modifications are 
completed.  All arrangements and payment for the modifications ar the 
sole responsibility of the owner.  The arrangements shall be made within 
a reasonable time period after the detention.  The firearm shall be 
inspected by ATF following modifications.

An acceptable method of modifying an H&R Handy Gun to remove it from the 
purview of the NFA would include reaming of the chamber and installation 
of a rifled sleeve in the barrel so that a conventional pistol cartridge 
can be used.  The sleeve must be silver soldered or welded to the barrel.

We trust that the foregoing has been responsive to your inquiry.  If you 
have questions regarding other matters, please contact us.

			Sincerely yours,

			(signed---Edward M. Owen, Jr.

			Edward M. Owen, Jr.
			Chief, Firearms Technology Branch