DEPARTMENT OF THE TREASURY
                Bureau of Alcohol, Tobacco and Firearms
                        Washington, D.C.  20226

                                July 16, 1992

Mr. Eric Larson
P. O. Box 5497
Takoma Park, Maryland  20913-5497

Dear Mr. Larson:

This is in response to your July 10, 1992, request for the position of 
the Bureau of Alcohol, Tobacco and Firearms (ATF) concerning the status 
of an H&R Handygun receiver only, not accompanied by a barrel of any 
type.

An H&R Handygun receiver with no barrel would clearly fall under the 
definition of "firearm" as contained in Section 921(a)(3)(B) of the Gun 
Control Act of 1968 (GCA) but would not be subject to the provisions of 
the National Firearms Act.

You mention having seen, and puchased, all the parts for an H&R 
Handy-Gun, except for the receiver.  These parts, minus the receiver, 
would not be a firearm either under the GCA or NFA provisions.

However, if you should obtain a receiver which, using the above 
referenced parts, a complete H&R Handygun may be assembled, you would 
have a firearm subject to the provisions of both the GCA and NFA.

As we advised in earlier correspondence with you, a person who possessed 
the unassembled parts of an H&R Handygun possesses a weapon subject to 
regulation unless the parts are registered to the person.  The person 
would be considered to be in "possession" of the weapon even though
its parts are not in close proximity.  Furthermore, the possessor of an 
unregistered NFA weapons cannot lawfully register the weapon in the 
National Firearms Registration and Transfer Record.  Such a weapon is 
contraband and is subject to seizure and forfeiture.  Weapons may only
be
registered under the NFA pursuant to their lawful importation, 
manufacture, making, or transfer or a weapon by its registered owner.

page 2

We further advised you that a person who desires to "make" an NFA weapon 
by acquiring the parts for such weapon must first obtain approval of an 
application to make the weapon on ATF Form 1.  See 26 U.S.C. 5822 and 27 
C.F.R. 179.62.  However, any person who seeks to legitimize and register 
a contraband NFA weapon, whether assembled or not, by filing an 
application purporting to "make" the weapon would violate 18 U.S.C. 1001 
and 26 U.S.C. 5861(l), i.e., the making of a false application to the 
Government.

We trust this adequately addresses your request.

                                Sincerely,

                                (signed--Wayne Miller)

                                Wayne Miller
                              Chief, NFA Branch