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Industry Circular

Number: 70-7
Date: February 2, 1970

Department of the Treasury
Internal Revenue Service
Alcohol, Tobacco, and Firearms Division
Washington, D.C. 20224

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GUIDELINES FOR AMMUNITION DISPOSITION RECORDS

Firearms Licensees Under Title 18, United States Code, Chapter 44 and Others Concerned:

Purpose. The purpose of this circular is to announce guidelines for ammunition disposition records maintained under the provisions of Title 18, United States Code, Chapter 44 and Section 178.125(c) of Title 26, Code of Federal Regulations as modified by the enactment of Public Law 91-128.

Background. The provisions of Public Law 91-128 modified the recordkeeping requirements on ammunition sales under the Gun Control Act of 1968. (See Industry Circular No. 69-26, dated December 4, 1969) Under the Gun Control Act of 1968 and regulations issued thereunder, a person selling ammunition is required to obtain the purchaser's name, address, date of birth, and some form of identification, and to note certain additional information in his records. Public Law 91-128 in effect repeals these requirements in the case of sales of shotgun ammunition, ammunition suitable for use only in rifles generally available in commerce, or component parts thereof. Purchases of ammunition presently interchangeable between rifles and handguns, such as .22 caliber rimfire ammunition, continue to be subject to the recordkeeping requirements. Because of the many questions which have arisen concerning the keeping of records under the provisions of Public Law 91-128, the following guidelines are established.

Guidelines for Ammunition Disposition Records. No records need be kept of retail sales of shotgun ammunition and ammunition suitable for use only in rifles or components for such shotgun and rifle ammunition.

Sales of ammunition which may be used in pistol and revolvers, even if interchangeable between rifles and handguns, must be recorded.

Pistol, Revolver and Interchangeable Calibers. The following list contains most of the calibers likely to be sold as pistol, revolver or interchangeable calibers; however, this list is not all inclusive.

4 mm Rimfire .32-20 Winchester
.17 Bumble Bee and Ackley Bee .357 Mag.
.17 Hornet and "K" Hornet .357-44 B & D
.17 Mach IV 9 mm Pistol and Revolver (All types)
.17-222 and .17-223 .38 Revolver (All types)
.22, .25 and .32 Rimfire .38 Special Pistol and Revolver (All types)
.22 Rem. Jet Mag. and .22 Win. Mag. .38-40 Winchester
.22 Hornet and .22 "K" Hornet .38-44 Special
.221 Remington Fireball .38 Super
.222 Remington .38 AMU
.25 (6.35 mm) ACP .38 ACP
.256 Winchester Mag. .380 ACP
7.5 mm Revolver .41 Revolver (All types)
.30 Luger (7.65 mm) .41 Mag.
.30 Mauser (7.63 mm) .44 Revolver (All types)
7.62 mm Tokarev .44 Special (All types)
7.65 mm French Long .44 Mag.
.30 Caliber Carbine .45-38 Automatic
.32 Revolver (All types) .45 Pistol and Revolver (All types)
.32 (7.65 mm) ACP .455 Pistol and Revolver (All types)

Last Updated: January 19th, 2:00 PM

Guidelines for Ammunition Components. Propellent powders and primers which are advertised and sold as suitable for both long gun ammunition (shotguns and rifles) and handgun ammunition continue to be subject to the disposition recordkeeping requirements unless the dealer obtains a positive declaration from the purchaser that the materials are for use in producing only shotgun or rifle ammunition.

Propellent powders and primers which are generally recognized and sold as primarily for use in handgun ammunition continue to be subject to the disposition recordkeeping requirements.

Cartridge cases and bullets are subject to the same provisions as the finished ammunition that they were designed for; i.e., rifle cases and bullets are exempt; cases and bullets which are interchangeable between rifle ammunition and handgun ammunition, as well as cases and bullets primarily for use in handgun ammunition continue to be subject to the disposition recordkeeping requirements of the law and regulations.

Alternate Format Approved for Records Required by Section 178.125(c). The following format is approved as an alternate to that required by Section 178.125(c) of Title 26, CFR:

Attachment 1

Instructions.

1. You must enter in the appropriate columns of this Ammunition Disposition Record (a) the date of sale; (b) the manufacturer; (c) for sales of .22 caliber ammunition (in quantities of 10 boxes or less) a check mark in the appropriate column.

2. You must enter the name, address and age of the purchaser in the appropriate column. 3. If the purchaser is personally known to you, simply enter a check mark in the "Known" column. If the purchaser is not known to you, you must check his identification and enter in the appropriate column the method by which he has identified himself.

Harold Serr

Harold A. Serr,

Director Alcohol, Tobacco and Firearms Division

 
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