28 C.F.R. § 0.130

General functions

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Subject to the direction of the Attorney General and the Deputy Attorney General, the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives shall:

(a) Investigate, administer, and enforce the laws related to alcohol, tobacco, firearms, explosives, and arson, and perform other duties as assigned by the Attorney General, including exercising the functions and powers of the Attorney General under the following provisions of law:

(1) 18 U.S.C. chapters 40 (related to explosives); 44 (related to firearms), except for 18 U.S.C. 925(c); 59 (related to liquor trafficking); and 114 (related to trafficking in contraband cigarettes);

(2) Chapter 53 of the Internal Revenue Code of 1986, 26 U.S.C. chapter 53 (related to certain firearms and destructive devices);

(3) Chapters 61 through 80, inclusive, of the Internal Revenue Code of 1986, 26 U.S.C. chapters 61-80, insofar as they relate to activities administered and enforced with respect to chapter 53 of the Internal Revenue Code of 1986, 26 U.S.C. chapter 53;

(4) 18 U.S.C. 1952 and 3667, insofar as they relate to liquor trafficking;

(5) 49 U.S.C. 80303 and 80304, insofar as they relate to contraband described in section 80302(a)(2) or 80302(a)(5); and

(6) 18 U.S.C. 1956 and 1957, insofar as they involve violations of:

(i) 18 U.S.C. 844(f) or (i) (relating to explosives or arson),

(ii) 18 U.S.C. 922(l) (relating to the illegal importation of firearms),

(iii) 18 U.S.C. 924(n) (relating to illegal firearms trafficking),

(iv) 18 U.S.C. 1952 (relating to traveling in interstate commerce in aid of racketeering enterprises insofar as they concern liquor on which Federal excise tax has not been paid);

(v) 18 U.S.C. 2341-2346 (trafficking in contraband cigarettes);

(vi) Section 38 of the Arms Export Control Act, as added by Public Law 94-329, section 212(a)(1), as amended, 22 U.S.C. 2778 (relating to the importation of items on the U.S. Munitions Import List), except violations relating to exportation, in transit, temporary import, or temporary export transactions;

(vii) 18 U.S.C. 1961 insofar as the offense is an act or threat involving arson that is chargeable under State law and punishable by imprisonment for more than one year; and

(viii) Any offense relating to the primary jurisdiction of Bureau of Alcohol, Tobacco, Firearms, and Explosives that the United States would be obligated by a multilateral treaty either to extradite the alleged offender or to submit the case for prosecution if the offender were found within the territory of the United States;

(b)(1) Investigate, seize, and forfeit property involved in a violation or attempted violation within the investigative jurisdiction set out in paragraph (a), under 18 U.S.C. 981 and 982;

(2) Seize, forfeit, and remit or mitigate the forfeiture of property in accordance with 21 U.S.C. 881 and applicable Department of Justice regulations.

(c) Subject to the limitations of 3 U.S.C. 301, exercise the authorities of the Attorney General under section 38 of the Arms Export Control Act, 22 U.S.C. 2778, relating to the importation of defense articles and defense services, including those authorities set forth in 27 CFR part 47; and

(d) Perform any other function related to the investigation of violent crime or domestic terrorism as may be delegated to the Bureau of Alcohol, Tobacco, Firearms, and Explosives by the Attorney General.

[Order No. 2650-2003, 68 FR 4926, Jan. 31, 2003, as amended at 77 FR 51699, Aug. 27, 2012; AG Order No. 3421-2014, 79 FR 12062, Mar. 4, 2014; AG Order No. 3495-2015, 80 FR 9989, Feb. 25, 2015; AG Order No. 6212-2025, 90 FR 13084, Mar. 20, 2025]

Notes of Decisions

Cited in 72 cases (35 in the last 5 years), 1985–2026 · leading case: Rickey I. Kanter v. William P. Barr, 919 F.3d 437 (7th Cir. 2019).

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Rickey I. Kanter v. William P. Barr, 919 F.3d 437 (7th Cir. 2019). · cites it 2× “28 C.F.R. § 0.130 (a)(1). 4 No. 18-1478 felons whose gun ownership rights were restored went on to commit violent crimes with firearms.”

Mock v. Garland, 75 F.4th 563 (5th Cir. 2023). · cites it 4× “28 C.F.R. § 0.130 . 3 Case: 23-10319 Document: 00516842296 Page: 4 Date Filed: 08/01/2023 No.”

McCutchen v. United States, 14 F.4th 1355 (Fed. Cir. 2021). · cites it 6× “28 C.F.R. § 0.130 (a)(1)–(2). B A rifle is semiautomatic if, after it has been fired, rechambering of ammunition is automatic but refiring is not.”

Clifford Tyler v. Hillsdale Cnty. Sheriff's Dep't, 837 F.3d 678 (6th Cir. 2016). · cites it 2× “28 C.F.R. § 0.130 (a)(1); 27 C.F.R. § 478.”

Guedes v. Bureau of Alcohol, Tobacco, Firearms, 920 F.3d 1 (D.C. Cir. 2019). “See 28 C.F.R. § 0.130 (a). B 1 Machine guns are generally prohibited by federal law.”

Gun Owners of Am., Inc. v. Merrick B. Garland, 19 F.4th 890 (6th Cir. 2021). · cites it 4× “28 C.F.R. § 0.130 (a). On December 26, 2018, ATF published a rule clarifying that bump-stock- type devices fall within the definition of “machinegun” as defined in the National Firearms Act and the Gun Control Act.”

Jay Isaac Hollis v. Loretta Lynch, 827 F.3d 436 (5th Cir. 2016). “28 C.F.R. § 0.130 (a)(l)-(2). The National Firearms Act regulates the manufacturing of maehineguns.”

Garrett Kajmowicz v. Matthew Whitaker, 42 F.4th 138 (3rd Cir. 2022). · cites it 3× “See 28 C.F.R. § 0.130 (a)(1)-(2); Organization of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, 68 Fed.”

Clifford Tyler v. Hillsdale Cnty. Sheriff's Dep't, 775 F.3d 308 (6th Cir. 2014). · cites it 2× “28 C.F.R. § 0.130 (a)(1). ATF regulations prescribe the form and contents of an application for relief from disabilities.”

Black v. Snow, 272 F. Supp. 2d 21 (D.D.C. 2003). · cites it 2× “See 28 C.F.R. § 0.130 (a)(1); 68 Fed. Reg. 4923 , 4926 (Jan.”

Am. Arms Int'l v. Herbert, 563 F.3d 78 (4th Cir. 2009). “28 C.F.R. § 0.130 (a)(1) (2008). 6 . Section 924(a)(1)(D) of Title 18 of the U.”

Gun Owners of Am. v. Barr, 363 F. Supp. 3d 823 (W.D. Mich. 2019). “28 C.F.R. § 0.130 (a). Using the formal rulemaking process, ATF reviewed the statute and promulgated both new interpretations and new regulations.”

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— 28 C.F.R. § 0.130(a)(1) — 1 case

Randy Dale Sixta, Appellant, vs. Lincoln Cnty. Sheriff’s Off., Respondent (Minn. Ct. App. 2025).

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