January 5, 1997 Edward M. Owen, Jr. Chief, Firearms Technology Branch Bureau of Alcohol, Tobacco and Firearms Technology Branch Washington, DC 20226 Dear Sir: I am writing to inquire what the status of Gatling Guns are, with regard to the National Firearms Act of 1934 and the Gun Control Act of 1968. Would a Gatling Gun manufactured today be classified as an NFA firearm? If not, what are the distinguishing characteristics that separate a Gatling Gun from its modern offspring, the Mini Gun? Would a Gatling Gun using a motor to assist firing the weapon at an adjustable rate be viewed any different as one without a motor? Also, what type of ammunition feeding device would be acceptable on a modern Gatling Gun reproduction? Magazine, links or belt, attached feeding device? Thank you very much for any information you could provide. Sincerely, DEPARTMENT OF THE TREASURY BUREAU OF ALCOHOL, TOBACCO AND FIREARMS WASHINGTON, DC 20226 E:CE:FT:GKD 3311 JAN 28 1997 Dear Mr. : This refers to your letter of January 5, 1997, requesting information on the status of Gatling guns under the Gun Control Act (GCA) of 1968 and/or the National Firearms Act (NFA). Generally, a Gatling type hand crank operated firearm, having a bore diameter of 1/2-inch or less, as produced under the patents of 1862-1893, employing a cam action to accomplish the functions of repeat cocking, firing, and ejecting, in a caliber for which ammunition is commercially available, and manufactured after 1898, would be classified as a "firearm" as defined in Title 18 United States Code (U.S.C.), Chapter 44, section 921(a)(3), Title I of the GCA. A Gatling gun as described in the preceding paragraph and using an electric motor to fire the weapon instead of hand cranking, would be classified as a "firearm" and a "machinegun" as defined in Title 26 U.S.C., Chapter 53, section 5845(b), the NFA. Electrically driven machineguns such as the M-134 Minigun are firearms and machineguns subject to the provisions of the NFA. Frames or receivers of such weapons are also machineguns regardless of whether or not other components are present. With reference to acceptable ammunition feeding device(s) for a Gatling type gun, 18 U.S.C., Chapter 44, section 921(a)(31) defines the term "large capacity ammunition feeding device" as; -2- (A)... a magazine, belt, drum, feed strip, or similar device manufactured after the date of enactment of the Violent Crime Control and Law Enforcement Act of 1994 that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition; but (B) does not include an attached tubular device designed to accept, and capable of operating only with .22 caliber rimfire ammunition." The date of enactment of the Violent Crime Control and Law Enforcement Act of 1994 referred to above is September 13, 1994. Further, Title 18 U.S.C., Chapter 44, section 922(w)(1) provides that "Except as provided in paragraph (2), it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device" and "(2) Paragraph (1) shall not apply to the possession or transfer of any large capacity ammunition feeding device otherwise lawfully possessed on or before the date of the enactment of this subsection." Based on the above provisions, it would not be legal for you to manufacture any ammunition feeding device that fell within the above definition. You would be limited to manufacturing any type device that had a capacity of ten rounds or less. We have previously determined that hopper type feed mechanisms as used on certain original gatling guns or feed chutes such as the Bruce feed mechanism are not restricted under Section 922(w)(1). We trust that the foregoing has been responsive to your inquiry. If we can be of any further assistance, please contact us. Sincerely yours, Edward M. Owen, Jr. Chief, Firearms Technology Branch