Department of the Treasury
               Bureau of Alcohol, Tobacco and Firearms
                     Washington, DC  20226-0001

                          January 18, 1994

OPEN LETTER TO ALL COMMON AND CONTRACT CARRIERS:

The purpose of this letter is to advise common and contract
carriers of the impact that the recent passage of Public Law
103-159, "Brady Handgun Violence Prevention Act", will have on
their business operations.

On November 30, 1993, the President signed Public Law 103-159,
107 Stat. 1536 (hereafter, the "Act") which included the
Federal Firearms License Reform Act of 1993.  Although the Act
also includes other amendments to the Gun Control Act of 1968
(GCA), which the Bureau of Alcohol, Tobacco and Firearms (ATF)
enforces, we will confine our comments to those amendments that
specifically address common and contract carriers.  These
amendments became effective on November 30, 1993. 

First, 18 U.S.C. 922(e) is the section of the GCA that
generally requires any person to provide written notice to a
common or contract carrier anytime a package or container in
which there is any firearm or ammunition to be shipped. This
section was amended by the Act by adding a restriction on how
the common carrier will mark the package during shipment.  The
new provision of the law provides: 

     "No common or contract carrier shall require or cause any
     label, tag, or other written notice to be placed on the
     outside of any package, luggage, or other container that
     such package, luggage, or other container contains a
     firearm."

Apparently the drafters of this amendment were concerned that
outside labels or tags specifying that the packages contain
firearms simply invite thefts.  This labeling prohibition
applies both to packages being shipped and to situations where
a passenger delivers the firearm(s) into the custody of the
pilot, captain, conductor or operator for the duration of the
trip.  This provision does not prevent a common carrier from
employing internal codes or markings that allow the carrier to
identify the contents.  The Act does not apply to the
transportation or shipment of ammunition.

Secondly, 18 U.S.C 922(f) is the section of the GCA that
generally prohibits common or contract carriers from knowingly
transporting or delivering in interstate or foreign commerce any
firearm or ammunition with knowledge or reasonable cause to
believe that the shipment, transportation, or receipt thereof 




                                      -2-


OPEN LETTER TO ALL
COMMON AND CONTRACT CARRIERS


would violate the Federal firearms laws.  This provision was
amended to impose a new requirement on common carriers to obtain
written receipts when delivering firearms.  The amended provision
provides:

     "It shall be unlawful for any common or contract carrier to
     deliver in interstate or foreign commerce any firearm
     without obtaining written acknowledgement of the receipt
     from the recipient of the package or other container in
     which there is a firearm."

In the past there have been situations where firearms have been
drop shipped and left unattended, and where unauthorized persons
have appeared to accept deliveries.  This new requirement is
simply aimed at maintaining an adequate paper trail of the
firearms.  The provision does not apply to deliveries of
ammunition.  Furthermore, section 922(f) would not require the
receipt for the return of a firearm by a carrier to a passenger
who places his or her firearms in the carrier's custody for the
duration of the trip.

ATF is preparing regulations for the implementation of the Act. 
The proposed regulations will cover the Act's changes to the GCA
including those affecting common and contract carriers.  You will
have the opportunity to comment on these regulations during the
public comment period.  The regulations will be published in the
Federal Register in the near future. 

Please find enclosed an "Important Notice" addressed to all
common and contract carriers that summarizes the content of this
letter.  We strongly encourage you to distribute this notice to
the appropriate personnel throughout your organization.

Should you have any questions or require additional information
regarding this letter, please contact your local ATF office.  For
your convenience, we have enclosed a list of ATF offices.

                          Sincerely yours,



                              (signed)



                            John W. Magaw
                              Director