BUREAU OF ALCOHOL, TOBACCO AND FIREARMS
                   DEPARTMENT OF THE TREASURY

                           JUN 11 1999

                                              903000:GLB
                                              5300

Dear Mr. Bardwell:

This is in response to your letter dated May 21, 1999, to the
Bureau of Alcohol, Tobacco and Firearms (ATF).  In your letter, you
questioned whether "an unlicensed person may lawfully transfer a
semi-automatic assault rifle, made before September 13, 1994, to an
out-of-state government entity, or an individual law enforcement
officer, with the same documentation which a dealer must obtain
before making such a transaction."

The Gun Control Act of 1968 was enacted to amend Title 18 of the
United States Code to provide for better control of the interstate
movement of firearms. As such 18 U.S.C. section 922(a)(5) states
that it shall be unlawful:

"for any person (other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector) to transfer,
sell, trade, give transport, or deliver any firearm to any person
(other than a licensed importer, licensed manufacturer, licensed
dealer, or licensed collector) who the transferor knows or has
reasonable cause to believe does not reside in (or if the person is
a corporation or other business entity, does not maintain a place
of business in) the State in which the transferor resides...."

Therefore, as a nonlicensed individual, you may not make such an
interstate transfer of a firearm.  While the law enforcement agency
or officer may be eligible to receive the firearm, you, as a
nonlicensed person, must make any

                              - 2 -

Mr. James O. Bardwell

such transfer through a Federal firearms licensee in the other
State.

We trust the foregoing has been responsive to your request.  Should
you require additional information or have any further questions,
please contact the Firearms Programs Division at 202-927-7770.

                        Sincerely yours,


                            [signed]
                       Terrence P. Austin
            Acting Chief, Firearms Programs Division

cc:  National Licensing Center (Atlanta, Georgia)
     Division Director (Houston, Texas)