The Commerce Control List
The CCL
Just as the State Department has its USML and the ATF regulates imports through its USMIL, the Department of Commerce has its own list pertaining to international trade in small arms and ammunition, and that is the Commerce Control List, or CCL for short. The CCL contains all of the different small arms categories that were removed from the USML in 2020, and their attendant parts and accessories, as well as ammunition for which they are chambered.
The comprehensive entries for small arms under the CCL include all non-automatic firearms (rifles, carbines, pistols, revolvers, etc.) with a caliber up to .50”/12.7mm land diameter (it is specifically noted that that the .50 BMG caliber, which has a groove diameter of .51”, is covered) in any action. That means anything not fully-automatic, so semi-automatic, bolt-action, slide/pump-action, trigger-actuated (e.g., double-action revolvers) firearms fall into this category. That first comprehensive category also covers some firearms even that are not normally legal for civilian ownership in the United States, such as non-automatic and non-semi-automatic rifles, carbines, pistols, and revolvers with bore diameters greater than .50”/12.7mm (larger than .50 BMG), but less than .72”/18mm. In addition to covering the various types of firearms and antique arms and reproductions thereof, the first provision includes parts and accessories, making special mention of parts “specifically designed” for firearms on both the CCL and USML, furniture (stocks, grips, handguards, etc.), receivers and frames, magazines that hold as few as 17 and as many as 50 cartridges, and bayonets.
The next entry concerns shotguns and their parts and accessories, excepting those used for non-standard purposes like slaughtering or tranquilizing domestic animals, or signaling. Following this, the next entry covers both those exceptions to the controlled shotguns, and non-lethal and less-than-lethal launchers and devices, such as tear gas launchers, stun guns, tasers, etc. Rounding out the CCL’s regulation of small arms are specific entries on optical sighting devices - and components thereof - for firerearms, and a subsection on ammunition.
The subsections for the various categories of small arms and related components and ammunition covered by the CCL also list the regulatory objectives for each type of item. Notably, and reflecting the rationale behind the transfer of such small arms and their attendant assemblies, accessories, and ammunition from the USML to the CCL, the only categories that are listed as being controlled for a National Security-related purpose (subject to tighter export restrictions and license requirements than other regulatory goals) are parts “specifically designed” for, and ammunition for, firearms that are subject to the USML but not specifically enumerated, and shotguns with barrels shorter than 18”, which are also items not generally legal for civilian ownership in the United States.
Similarly to its sister lists, the CCL has its own quirks and surprises, and the fact that it interfaces and even requires activity under the ITAR, means that it is one of the most difficult of the small arms regulatory lists to navigate. Luckily for you, the Managing Attorney has cracked its code, knows its ins and outs, and can apply it seamlessly to ensure compliance for your business.
The Range Date Part II: Conclusion
After discussing the ITAR with your lawyer friend Joe, you are irritated to learn that there is an entire additional body of regulations governing the export of small arms; an activity that you have just learned means much more than just shipping firearms, parts, or ammunitions out of the country. These “Export Administration Regulations” are the ones that cover most firearms in general civilian use in America, and regulate their subject matter similarly to the ITAR. However, there are some differences. Instead of dealing with “defense articles,” the EAR concern themselves with “items” and “technology.”
First, since all your firearms, parts, accessories, and ammo are coming home with you after this date, you would not be considered to be exporting an item, so what the EAR have to say about technology is what is important for your weekend plans. Their definition of technology is quite broad, and includes “[i]nformation necessary for the ‘development,’ ‘production,’ ‘use,’ operation,” etc., of controlled items, and this information “may be in any tangible or intangible form, such as written or oral communications,” or “revealed through visual inspection.” 15 C.F.R. § 772.1. Moreover, this definition of technology that includes instruction in how to “use” or “operat[e]” an item applies specifically to firearms. 15 C.F.R. § 774.2.
However, unlike the ITAR, there are some important exceptions that apply to situations like yours, and you are relieved when your fishing buddy tells you about them. The EAR provide a general exemption to the requirement for a license for the export of “operation technology,” which is “the minimum technology necessary for the installation, operation, maintenance (checking), or repair” of controlled items. 15 C.F.R. § 740.13. Furthermore, there is no equivalent applicable to you to that sneaky ITAR provision concerning “training military personnel.” In fact, the EAR provide that their classification of “military training ‘equipment’” does not include even “‘equipment’ ‘specially designed’ for training in the use of hunting or sporting weapons.” 15 C.F.R. § 774.2.
In summation, Joe tells you that bringing to the range your M15s or AR-10s, various Benelli shotguns (you confirm that none of your shotguns are NFA Class III weaopns), Glock handguns, or even one of your treasured retro builds like your 601 clone with their standard-capacity magazines (they all hold 50 or fewer rounds for your firearms) is perfectly legal without an export license, and wishes you good luck and happy shooting on your date!