(c) Voluntary classification of firearms and armor piercing ammunition. Licensees shall maintain records of the importation, manufacture, or other acquisition of firearms, including ATF Forms 6 and 6A as required by subpart G of this part, until business is discontinued. 5845(i). 921(a)(3)(A) and can be readily restored to shoot in 26 U.S.C. 47. documents in the last year, 274 Specifically, the House Report cited a January 11, 2019, Joint Intelligence Bulletin issued by DHS, FBI, and NCTC concluding that these rapidly evolving technologies pose an ongoing, metastasizing challenge to law enforcement in understanding, tracking, and tracing ghost guns, and an April 19, 2019, DHS intelligence assessment that repeated the warning that ghost guns pose an urgent and evolving threat to the homeland, particularly in the hands of ideologically motivated lone wolf actors. H.R. [34] (2) Labeling of packages. Licensed manufacturers and licensed importers may adopt the serial number(s) or other identifying markings previously placed on a firearm in accordance with this section provided that, within the period and in the manner herein prescribed, the licensee legibly and conspicuously places, or causes to be placed, on each part (or specific part(s) previously determined by the Director) defined as a frame or receiver either: Their name (or recognized abbreviation), and city and State (or recognized abbreviation) where they maintain their place of business; or their name (or recognized abbreviation) and abbreviated Federal firearms license number, which is the first three and last five digits, followed by a hyphen, and then followed by the existing serial number (including any other abbreviated FFL prefix) as a suffix, e.g., 12345678-[serial number]. In 479.141, remove the word manufacturer and add in its place manufacturer(s) and remove the words serial number and add in their place serial number(s). To clarify this process, this proposed rule would set forth the procedure and conditions by which persons may voluntarily submit such requests to ATF. It was viewed 1141 times while on Public Inspection. A firearm is defined by 18 U.S.C. See Rev. For purposes of this definition, the term partially complete, as it modifies frame or receiver, means a forging, casting, printing, extrusion, machined body or similar article that has reached a stage in manufacture where it is clearly identifiable as an unfinished component part of a weapon. See, e.g., Kissimmee Man Sentenced To Five Years In Prison For Manufacturing Over 200 Ghost Guns Without A License, D.O.J Office of Public Affairs (June 12, 2018), https://www.justice.gov/usao-mdfl/pr/kissimmee-man-sentenced-five-years-prison-manufacturing-over-200-ghost-guns-without;; Grass Valley Man Sentenced to 5 Years in Prison for Unlawfully Manufacturing Ghost Guns and Selling Them on Dark Web, DOJ Office of Public Affairs (Sept. 21, 2018), https://www.justice.gov/usao-edca/pr/grass-valley-man-sentenced-5-years-prison-unlawfully-manufacturing-ghost-guns-and;; Rhode Island Man Charged with Building, Selling Ghost Machine Gun, DOJ Office of Public Affairs (Dec. 12, 2018), https://www.justice.gov/usao-ri/pr/rhode-island-man-charged-building-selling-ghost-machine-gun;; Conroe Man Ordered to Prison for Making Ghost Guns, DOJ Office of Public Affairs (Feb. 21, 2019) https://www.justice.gov/usao-sdtx/pr/conroe-man-ordered-prison-making-ghost-guns;; Seven Felons Indicted, Dozens of Firearms Seized as Part of Investigation Targeting Criminal Gun Sales in Orange County, DOJ Office of Public Affairs (Oct. 10, 2019), https://www.justice.gov/usao-cdca/pr/seven-felons-indicted-dozens-firearms-seized-part-investigation-targeting-criminal-gun;; Man Sentenced to 15 Years for Trafficking Ghost Guns and Drugs, DOJ Office of Public Affairs (Feb. 14, 2020), https://www.justice.gov/usao-edva/pr/man-sentenced-15-years-trafficking-ghost-guns-and-drugs;; Tampa Man Sentenced To Over Five Years For Manufacturing Counterfeit Credit Cards, Fake IDs, And Illegal Firearms, DOJ Office of Public Affairs (June 26, 2020), https://www.justice.gov/usao-mdfl/pr/tampa-man-sentenced-over-five-years-manufacturing-counterfeit-credit-cards-fake-ids-and;; Alleged Dealer of Ghost Guns and Machinegun Conversion Devices Arraigned, DOJ Office of Public Affairs (July 15, 2020), https://www.justice.gov/usao-edva/pr/alleged-dealer-ghost-guns-and-machinegun-conversion-devices-arraigned;; Connecticut Man Charged with Firearm Trafficking, DOJ Office of Public Affairs (Aug. 12, 2020), https://www.justice.gov/usao-ma/pr/connecticut-man-charged-firearm-trafficking;; Operation `Black Phoenix' Leads to Federal Charges Against 25 Who Allegedly Engaged in Illegal Narcotics and Firearms Sales, DOJ Office of Public Affairs (Sept. 15, 2020), https://www.justice.gov/usao-cdca/pr/operation-black-phoenix-leads-federal-charges-against-25-who-allegedly-engaged-illegal;; D.C. See Internal Colt Memorandum from B. Northrop, Feb. 2, 1973, p.2 (noting that there were 2,752,812 military versus 25,774 civilian (Sporters) serialization of AR-15/M-16 rifles then manufactured). 24, section 2302(a)(1)(b); DC Code section 47-2884.11(d); Fla. Stat. This language would supersede ATF Ruling 2013-3 as it applies to licensed manufacturers and importers, but the ruling would remain effective for makers of NFA firearms. Over time, as more PMFs are accepted into inventory, it will become increasingly difficult, if not impossible, for licensees and ATF (during inspections) to distinguish between those PMFs physically in the firearms inventory and those recorded in required AD Records, as well as determine which PMFs recorded as disposed on ATF Form 4473, were those recorded as disposed in the AD Record. 3d 360, 368, 374 (E.D. Some of them include jigs, templates, instructions, drill bits, and tools that allow the purchaser to complete the weapon to a functional state with minimal effort, expertise, or equipment. [38], Due to judicial developments as well as continued technological advancements in firearms manufacturing, maintaining the current definitions negatively affects both public safety and the regulated firearms industry. 3504(h). Stat. The definition of transfer in the NFA only includes selling, assigning, pledging, leasing, loaning, giving away, or otherwise disposing of a firearm. Licensed manufacturers and importers must also maintain permanent records of production or importation, as well as their receipt, sale, or other disposition of firearms, including frames or receivers. The FFA and implementing regulations defined the term firearm to mean any weapon, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosive and a firearm muffler or firearm silencer, or any part or parts of such weapon. Public Law 75-785, 52 Stat. Additionally, a firearm frame or receiver that is not a component part of a complete weapon at the time it is sold, shipped, or disposed of must be identified in the manner prescribed with a serial number and all of the other required markings. Complete weapon. documents in the last year, 1487 For example, often PMFs resemble commercially manufactured firearms, or incorporate parts from commercially manufactured firearms bearing that manufacturer's name, so some firearms suspected of being PMFs were entered into eTrace using a commercial manufacturer's name rather than as one privately made by an individual. 35 Non-FFL manufacturers (Definition of Receiver). This requirement would be added to an existing approved collection covered by OMB control number 1140-0050 and 1140-0067. Frame or receiver. (v) Period of time to identify firearms. (c) Voluntary classification of firearms. Stat. 462, 466-67 (1958) (strict geographical application of the term United States in 26 U.S.C. Code section 4727.07; Okla. Stat. The authority citation for 27 CFR part 478 continues to read as follows: Authority: (3) Adoption of identifying markings. In other words, this alternative would fall short of addressing all technologies or designs of firearms that are currently available, or may become available in the future. On May 28, 2019, citing intelligence reports by the Department of Homeland Security (DHS), the Federal Bureau of Investigation (FBI), and the National Counterterrorism Center (NCTC), the House Committee on Homeland Security issued a report concluding that [g]host guns not only pose a challenge on the front end, enabling prohibited buyers to purchase deadly weapons with just a few clicks online, but also on the back end, hamstringing law enforcement's ability to investigate crimes committed with untraceable weapons and that the wide availability of ghost guns and the emergence of functional 3D-printed guns are a homeland security threat. 5845(b) (The term [machinegun] shall also include the frame or receiver of any such weapon [which shoots is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger].). However, because PMFs do not have markings identifying the name of a licensed manufacturer or importer, model, serial number, or caliber/gauge, licensees might only record a type of firearm (e.g., pistol, revolver, rifle, or shotgun) in their AD Records and on ATF Forms 4473. 56. 116-88, at 2. With respect to the fire control components housed by the frame or receiver, the definition would include, at a minimum, any housing or holding structure for a hammer, bolt, bolt carrier, breechblock, cylinder, trigger mechanism, firing pin, striker, or slide rails. Taskandpurpose.com (Nov. 18, 2020), https://taskandpurpose.com/military-tech/modular-handgun-system-fielding/ (Sig Sauer delivered its 200,000th P320 variant pistol to the military despite the obstacles posed by the novel coronavirus). The term "pistol" and the term "revolver", as used in sections 29 . Privately made firearm (PMF). For purposes of this paragraph, firearms actively awaiting materials, parts, or equipment repair to be completed are actively in the manufacturing process. A firearm, including a frame or receiver, assembled or otherwise produced by a person other than a licensed manufacturer, and without a serial number or other identifying markings Start Printed Page 27747placed by a licensed manufacturer at the time the firearm was produced. Ann. 1997) (no firing pin); United States v. Reed, 114 F.3d 1053 (10th Cir. This proposed rule would make minor amendments to 27 CFR 478.122, 478.123, 478.125, and 478.125a, pertaining to the acquisition and disposition records maintained by importers, manufacturers, and dealers. This is because the recovery location or correlated crime is not always communicated by the agency to ATF in the tracing process. For PMFs acquired by licensees before the effective date of the rule, licensees would be required to mark or cause them to be marked by another licensee either within 60 days from that date, or before the date of final disposition (including to a personal collection), whichever is sooner. The NFA is a national registry [] 2003-3 (HK G3 type receivers); ATF Rul. Add a sentence after the fifth sentence; c. In paragraph (f)(2) table Firearms Collectors Acquisition and Disposition Record, remove Manufacturer and add in its place Manufacturer(s), remove the words importer (if any) and add in their place importer(s) (if any) of the firearm or privately made firearm (if privately made in the United States), and remove the words Serial No. and add in their place Serial number(s); and, (e) * * * In the event the licensee records a duplicate entry with the same firearm and acquisition information, whether to close out an old record book or for any other reason, the licensee shall record a reference to the date and location of the subsequent entry (e.g., date of new entry, book name/number, page number, and line number) as the disposition. The intent of Congress, as indicated by the plain language and the statutory scheme of the GCA, is to regulateas a firearmthe frame or receiver of a firearm. 5. In this regard, the proposed rule would make a distinction between the manufacture or making of a complete weapon or complete muffler or silencer device, and each part, including a replacement part, defined as a frame or receiver, machinegun, or firearm muffler or firearm silencer that is not a component part of a complete weapon or device at the time it is sold, shipped, or otherwise disposed. 19, 2021), https://www.bbc.com/news/world-europe-56798743. Further, under the proposed rule, weapon parts kits with partially complete frames or receivers containing the necessary parts such that they may readily be completed, assembled, converted, or restored to expel a projectile by the action of an explosive would be firearms for which each frame or receiver of the weapon, as defined under this rule, would need to be marked. section 21-41(c); Del. section 37:1782(16)(a); Mass. The government cost for this provision is $68,939 annually. Basically, according to the definition set forth by the ATF it is not a pistol, not a rifle and not under the jurisdiction of the NFA therefore it classifies as an other firearm. The caliber and type of projectile is not factored into the classification. A negative externality can be the by-product of a transaction between two parties that is not accounted for in the transaction. Counts are subject to sampling, reprocessing and revision (up or down) throughout the day. . At the behest of President Joe Biden, the unelected bureaucrats at . The crucial inquiry, then, is the point at which an unregulated piece of metal, plastic, or other material becomes a regulated item under Federal law. (iii) Adoption of identifying markings. PMFs currently in inventory that a licensee chooses not to mark may also be destroyed or voluntarily turned in to law enforcement within the 60-day period. ii. . See 18 U.S.C. c. In paragraph (a)(1)(iv)(G), remove serial number and add in its place serial number(s). section 202.277; N.H. Rev. (4) Exceptions(i) Alternate means or period of identification. 922(p), which prohibits the manufacture and possession of firearms that are not as detectable as the Security Exemplar that contains 3.7 ounces of material type 17-4 PH stainless steel.[67]. In turn, these firearms are progressively finding their way to licensees who may wish to acquire them so they can advertise and market them broadly, or who may repair, customize, or accept them as security in pawn for a loan. 3d 469 (N.D. Ohio 2019), Testimony of ATF Firearms Enforcement Officer Daniel Hoffman at Doc. The conveyance may also be accomplished by submission of a letter from the registrant to the qualified FFL advising the FFL that the registrant is shipping or delivering the firearm for repair/identification and describing the repair or identification. As Glock became popular, other manufacturers started using striker fire as well, proliferating it across the firearms manufacturing community on a grand scale.). Description and Number of Respondents: Currently there are 12,252 licensed manufacturers of firearms and 1,343 licensed importers. You need not respond to a collection of information unless it displays a currently valid control number from OMB. This is the point at which a substantial step has been taken, or a critical line crossed, so that the item in question may be so classified under the law. [28] Upon completion of the examination, ATF may return the sample to the person who made the request unless a determination is made that return of the Start Printed Page 27734sample would be or place the person in violation of law. Plaintiff says that it would be extremely difficult if not impossible to case with a `blank' rod and this is true, but we can conceive of no other practical use for them except as fishing rods. See FFL Newsletter, Sept. 2011, p.5. section 40-39-80(B)(1)(l)(iii),(ix); Tenn. Code Ann. 601 et seq.). 67. A muffler or silencer that contains all component parts necessary to function as designed whether or not assembled or operable. the material on FederalRegister.gov is accurately displayed, consistent with are not part of the published document itself. 923(g)(1)(A) and (B). at 479.102(e); ATF Ruling 2012-1. This rule is not intended to supersede State requirements unless there is a direct and positive conflict between them such that they cannot be reconciled or consistently stand together. 922(k), which prohibits their removal, obliteration, or alteration. Please bear in mind that these illustrations do not necessarily depict importable firearms. 921(a)(10); 26 U.S.C. For purposes of this paragraph, firearms actively awaiting materials, parts, or equipment repair to be completed are actively in the manufacturing process. Code section 28-7-5-19(a)(4); Ky. Rev. In paragraph (a)(1)(iv)(A), remove manufacturer and add in its place manufacturer(s) of the firearm or privately made firearm (if privately made in the United States); and. A firearm other than a firearm muffler or firearm silencer that contains all component parts necessary to function as designed whether or not assembled or operable. 70. at 7805(a). either directly from manufacturers of the kits or retailers, without background checks or recordkeeping. B. Not only does the inability to distinguish between unmarked firearms Start Printed Page 27725make it extremely difficult for law enforcement to trace PMFs involved in crime, it also makes it more difficult for Federal, State, and local law enforcement to identify and prosecute illegal firearms traffickers who are often tied to violent criminals and armed narcotics traffickers. documents in the last year, 973 921-931; 44 U.S.C. 3d 469, 475-77 (N.D. Ohio 2019) (The language of the regulatory definition in 478.11 lends itself to only one interpretation: namely, that under the GCA, the receiver of a firearm must be a single unit that holds three, not two components: 1) the hammer, 2) the bolt or breechblock, and 3) the firing mechanism.); United States v. Jimenez, 191 F. Supp. Except as provided in paragraph (a)(4)(iv) of this section, each part defined as a frame or receiver, machinegun, or firearm muffler or firearm silencer that is not a component part of a complete weapon or device at the time it is sold, shipped, or otherwise disposed of by the licensee must be identified as required by this section with a serial number not duplicated on any other firearm and all additional identifying information, except that the model designation and caliber or gauge may be omitted if that information is unknown at the time the part is identified. (cough West Virginia v. EPA and New York State Rifle and Pistol Association v. Bruen . 2019); Commonwealth v. Baxter, 956 A.2d 465 (Pa. Super 2008). documents in the last year, 12 22. 921(a)(3)(B).[16]. documents in the last year, 37 For further clarity, the definition would then give four nonexclusive examples with illustrations of common single-framed firearms: (1) Hinged or single frame revolver (structure to hold the trigger, hammer, and cylinder); (2) bolt-action rifle (structure to hold the bolt and firing pin, and attach the trigger mechanism); (3) break action, lever action, or pump action rifle or shotgun (housing for the bolt and firing pin, or a structure designed to integrate the breechblock); and (4) semiautomatic firearm or machinegun with a single receiver housing all fire control components (housing for the hammer, bolt, trigger mechanism, and firing pin, e.g., AK-type firearms). Information Required To Be Marked on the Frame(s) or Receiver(s), 6. should verify the contents of the documents against a final, official The new burden, as a result of this proposed rulemaking, is a one-time hourly burden of 3,022 (6,044 respondents * 2 responses * 0.25 hourly burden per respondent). 15. The depth of all markings required by this section is measured from the flat surface of the metal and not the peaks or ridges. This responsibility includes the authority to promulgate regulations necessary to enforce the provisions of the GCA and NFA. Alternate Means or Period of Identification, 7. The total 10-year undiscounted cost of this proposed rule is estimated to be $1.3 million. Neither the GCA nor the NFA explain at what point in the manufacturing process the required markings must be placed. The form is typically the key evidence that the straw purchaser who bought the firearm (and who can pass a background check) made a false statement to the Federal firearms licensee concerning the identity of the actual purchaser when acquiring that firearm, in violation of 18 U.S.C. 2d 535, 537 (E.D. This change would be consistent with the definition of transfer in 26 U.S.C. Except as provided in paragraph (a)(4)(v) of this section, each frame or receiver thereof must also be marked with either: Their name (or recognized abbreviation), and city and State (or recognized abbreviation) where they maintain their place of business; or their name (or recognized abbreviation) and abbreviated Federal firearms license number as a prefix, which is the first three and last five digits, followed by a hyphen, and then followed by a number as a suffix, e.g., 12345678-[number]; and. 21. 30. By engraving, casting, stamping (impressing), or otherwise conspicuously placing or causing to be engraved, cast, stamped (impressed) or otherwise placed on each part (or specific part(s) previously determined by the Director) defined as a frame or receiver thereof, a serial number, in a manner not susceptible of being readily obliterated, altered, or removed. The NFA further defines the term make, and the various derivatives of that word, to include manufacturing (other than by one qualified to engage in the business under this chapter), putting together, altering, any combination of these, or otherwise producing a firearm. 26 U.S.C. 7801(a)(2); 28 U.S.C. A process that is fairly or reasonably efficient, quick, and easy, but not necessarily the most efficient, speedy, or easy process. For purposes of this definition, the term fire control component means a component necessary for the firearm to initiate, complete, or continue the firing sequence, including any of the following: Hammer, bolt, bolt carrier, breechblock, cylinder, trigger mechanism, firing pin, striker, or slide rails. . The columns may be in a different order than the specified format provided they contain all required information. The commenter shall place any portion of a comment that is proprietary or confidential business information under law on pages separate from the balance of the comment with each page prominently marked PROPRIETARY OR CONFIDENTIAL BUSINESS INFORMATION at the top of the page. To provide greater access to professional marking, as stated previously, this rule would clarify that the meaning of the term gunsmith includes persons who engage in the business of identifying firearms for nonlicensees so that gunsmiths may become licensed as dealer-gunsmiths solely to provide professional PMF marking services. 5845(a)(7); 27 CFR 478.11; id. All comments must reference this document's docket number ATF 2021R-05, be legible, and include the commenter's complete first and last name and full mailing address. The Polymer 80 assembly, for example, may be completed in under thirty minutes. See, e.g., United States v. Hardin, 889 F.3d 945, 946 (8th Cir. In addition, the proposed changes to 478.124 would include a minor technical amendment to paragraph (f) by removing a phrase that indicates that a Federal firearms licensee must fill out the firearm description information only after filling out the information about the transferee. Stat. Ohio May 16, 2019) (same); cf. 55. The authority citation for 27 CFR part 479 continues to read as follows: Authority: ATF anticipates a one-time hourly burden of 0.25 hours per respondent. 3. Code section 35-47-2-18; Kan. Stat. Penal Code section 31.11; Utah Code section 76-10-521 (handguns); Va. Code Ann. Except as provided in paragraph (b)(5) of this section, the additional information shall include: (i) The model, if such designation has been made; (iii) When applicable, the name of the foreign manufacturer or maker; and. Estimate of Total Annual Burden: The current burden listed in this collection of information is 85,630 hours. The significant alternatives considered are set forth in Section IV(A)(9) of this preamble. The intent in promulgating these definitions was to provide guidance as to which portion of a firearm was the frame or receiver for purposes of licensing, serialization, and recordkeeping, thereby ensuring that a necessary component of the weapon could be traced if later involved in a crime. 46. By "clarifying" that a certain firearm accessory, the pistol brace, is illegal without special registration and regulation, they have pulled the rug from under millions of Americans who own them. The Public Inspection page Licensed manufacturers must identify a complete weapon or complete muffler or silencer device no later than seven days following the date of completion of the active manufacturing process for the weapon or device, or prior to disposition, whichever is sooner. (2) Destructive devices. In other words, they're re-re-defining their definition of a firearm, despite years of people building partially completed (80%) guns at home without government regulation. 61-189 (IRS RRU), 1961-2 C.B. Over the years, licensed importers and manufacturers have asked ATF to allow them to consolidate their records of importation or manufacture and acquisition and disposition of firearms, rather than maintaining separate records as required by 27 CFR 478.122(d) and 478.123(d). It also does not address potential changes in firearms terminology. 565, 574-75 (D.D.C. 68. Most states require pawnbrokers to record or report any serial number and other identifying markings on pawned merchandise so that police can determine their origin. Notice of proposed rulemaking; request for comment. Code section 9.41.190 (prohibiting the manufacture with intent to sell of undetectable and untraceable firearms); see also Philadelphia Becomes First City To Ban 3D-Printed Gun Manufacturing, i. 18 U.S.C. [65] While the new definitions would mostly affect new designs or configurations of firearms, manufacturers would still be able to receive a determination or a variance on the design from ATF; therefore, they may not experience an additional cost or burden. Under this rule, licensed collectors would only need to mark PMFs they receive or otherwise acquire that are defined as curios or relics. See 27 CFR 478.11 (definitions of firearm and curios or relics). See also ATF Ruling 2009-5, p.2 (The unique marks of identification of firearms serve several purposes. 2003) (partially disassembled Tec-9 pistol that could be assembled within a short period of time could readily be converted to expel a projectile); United States v. Catanzaro, 368 F. Supp. In 478.129, revise paragraphs (b), (d), and (e) to read as follows: (b) Firearms Transaction Record. This would eliminate a significant source of confusion among regulated industry members and the public as to who needs a license to manufacture firearms. section 29180 (prohibiting ownership of firearms that do not bear a serial number or other mark of identification provided by the State); Conn. Gen. Stat. 26 U.S.C. 921(a)(3) to include not only a weapon that will, is designed to, or may readily be converted to expel a projectile, but also the frame or receiver of any such weapon. Stat. It has been impractical to treat each small part of a firearm as if it were a weapon. 116-88, at 2 (May 28, 2019). From January 1, 2016, through March 4, 2021, ATF could only complete traces of suspected PMFs recovered by law enforcement to an individual purchaser in approximately 151 out of 23,946 attempts, generally by tracing a serial number engraved on a handgun slide, barrel, or other firearm part not currently defined as a frame or receiver, but recorded by licensees in the absence of other markings. section 40:1788; Me. Currently, licensees other than manufacturers and importers do not have to store their ATF Forms 4473 or AD records beyond 20 years. 37. 3, 2018), https://www.nytimes.com/2018/03/03/us/politics/ar-15-americas-rifle.html (Once the patent expired in 1977, it opened the way for dozens of weapons manufacturers to produce their own models, using the same technology. The Department of Justice (Department) proposes amending Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) regulations to provide new regulatory definitions of firearm frame or receiver and frame or receiver because the current regulations fail to capture the full meaning of those terms. Partially Complete, Disassembled, or Inoperable Firearm Kits, 1. b. Criminal investigations and studies highlight this concern. States can require markings on firearms for individuals. Cal. section 13-3102; Ark. by the Farm Credit System Insurance Corporation ATF anticipates the majority of affected entities are small entities and would experience any range of costs; therefore this rule would have a significant impact on a substantial number of small entities. Stat. In semiautomatic pistols, the frame or housing is sometimes referred to as the receiver.). 1988) (rejecting argument that a collection of rifle parts cannot be a weapon). Even though they generally cannot function to expel a projectile when sold, weapon parts kits are still weaponsreal combat instruments, such as pistols, revolvers, rifles, or shotgunsin an unassembled, unfinished, and/or incomplete state or configuration. The information required by this paragraph shall be recorded not later than the close of the next business day following the date of such manufacture or other acquisition, except that, when a commercial record is held by the licensed manufacturer separately from other commercial documents and readily available for inspection, containing all acquisition information required for the record, the period for making the required entry into the record may be delayed not to exceed the seventh day following the date of receipt. that agencies use to create their documents. better and aid in comparing the online edition to the print edition. Open for Comment, Rules of Practice and Procedure; Adjusting Civil Money Penalties for Inflation, Economic Sanctions & Foreign Assets Control, Revised Definition of Waters of the United States, Certain Preserved Mushrooms From France Determination, Energy Conservation Program: Test Procedure for Dishwashers, Prior Label Approval System: Expansion of Generic Label Approval, Rate Adjustments for Indian Irrigation Projects, Establishing the President's Advisory Council on African Diaspora Engagement in the United States, Alcohol, Tobacco, Firearms, and Explosives Bureau, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Definition of Receiver.RIA.5-7-21 - final, Definition of Frame or Receiver and Identification of Firearms, A. ATF's Application of the Definitions To Split Frames or Receivers, B. To provide guidance on how the term readily is used to classify firearms, including frame or receiver parts kits or weapon parts kits sold with incomplete or unassembled frames or receivers, the NPRM adds this term to 27 CFR 478.11 and 479.11 and defined as a process that is fairly or reasonably efficient, quick, and easy, but not necessarily the most efficient, speedy, or easy process. It would further list factors relevant in making this determining to include: (a) Time, i.e., how long it takes to finish the process; (b) ease, i.e., how difficult it is to do so; (c) expertise, i.e., what knowledge and skills are required; (d) equipment, i.e., what tools are required; (e) availability, i.e., whether additional parts are required, and how easily they can be obtained; (f) expense, i.e., how much it costs; (g) scope, i.e., the extent to which the subject of the process must be changed to finish it; and (h) feasibility, i.e., whether the process would damage or destroy the subject of the process, or cause it to malfunction. Specifically, under the Gun Control Act of 1968 ("GCA") and the National Firearms Act of 1934 ("NFA") the definition of "rifle" shall include a weapon that is equipped with an accessory, component, or other rearward attachment (e.g., a "stabilizing brace") that provides surface area that allows the weapon to be fired from the . [74] section 510/5(a); Ind. General Definition of Frame or Receiver, 2. Until the ACFR grants it official status, the XML Licensees must respond to ATF trace requests within 24 hours. The frame or receiver of any such weapon; C. Any firearm muffler or firearm silencer; or D. Any destructive device. rendition of the daily Federal Register on FederalRegister.gov does not The Public Inspection page may also In 478.50(a), add the phrase or as otherwise provided in 478.129 after at the licensed premises served by such warehouse. This critical stage of manufacture is when the article becomes sufficiently complete to function as a frame or receiver, or may readily be completed, assembled, converted, or restored to accept the parts it is intended to house or hold.[53]. Tr. On April 11, 2022, the US Attorney General signed the new ATF final rule 2021R-05F - Definition of "Frame or Receiver" and Identification of Firearms. See Broughman v. Carver, 624 F.3d 670 (4th Cir. This would be followed by supplements that further explain the meaning of the term frame or receiver for certain firearm designs and configurations, as follows: (a) Firearm muffler or silencer frame or receiver; (b) split or modular frame or receiver, also followed by examples of the frames or receivers for common firearm designs that are distinguishable because of differences in firing cycle, method of operation, or physical design characteristics; (c) partially complete, disassembled, or inoperable frame or receiver; and (d) destroyed frame or receiver. Commonly referred to as ghost guns, these privately made firearms (PMFs), when made for personal use, are not required by the GCA to have a serial number placed on the frame or receiver, making it difficult for law enforcement to determine where, by whom, or when they were manufactured, and to whom they were sold or otherwise disposed. For detailed instructions on submitting comments and additional information on the rulemaking process, see the Public Participation heading of the SUPPLEMENTARY INFORMATION section of this document. Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and. In paragraph (a)(1)(ii), remove the word country and add in its place the term country or countries; b. Likewise, the proposed rule would allow qualified manufacturers to transfer muffler or silencer replacement parts to qualified manufacturers and dealers to repair existing devices already identified and registered in the NFRTR. This result would thereby undermine the intent of Congress in requiring the frame or receiver of every firearm to be identified, see 18 U.S.C. electronic version on GPOs govinfo.gov. of the issuing agency. 20. Some of these parts kits contain most or all of the components (finished or unfinished) necessary to complete a functional weapon within a short period of time. section 75-67-305(1)(a)(iii),(ix); Mo. Be legible and appear in minimum 12 point font size (.17 inches); 3. regulatory information on FederalRegister.gov with the objective of Transfer. [73] Millions of Americans face the threat of federal felony charges over guns they purchased legally thanks to a new rule released by the ATF. Also under that statute, licensed dealers with 15 or more trace requests with a time-to-crime of three years or less must report to ATF the acquisition date, model, caliber or gauge, and the serial number of a secondhand firearm transferred by the dealer. iii. section 39-14-134; Tex. The Department also proposes amending ATF's definitions of firearm and gunsmith to clarify the meaning of those terms, and to provide definitions of terms such as complete weapon, complete muffler or silencer device, privately made firearm, and readily for purposes of clarity given advancements in firearms technology. This means that in order to legally possess the firearm in this configuration, it must be registered with the ATF and the owner . In the first sentence of paragraph (a)(4), remove manufacturer and importer (if any) and add in its place manufacturer(s) and importer(s) (if any) of the firearm or privately made firearm (if privately made in the United States), remove the words serial number and add in their place serial number(s), remove Manufacturer and importer (if any) and add in its place Manufacturer(s) and importer(s) (if any), and remove the words Serial No. and add in their place serial number(s). A firearm muffler or firearm silencer that contains all component parts necessary to function as designed whether or not assembled or operable. Some technical amendments would be needed at 27 CFR 478.124 pertaining to information recorded on the ATF Form 4473. Likewise, the absence of identifying firearm information on multiple sales forms and theft/loss reports makes it more difficult for ATF to identify firearms traffickers and thieves. Handguns that are 3D printed are also subject to the registration and taxation requirements of the NFA if they have a smooth bore and are capable of being concealed on the person, thereby falling within the definition of any other weapon. See 26 U.S.C. United States v. Rowold, 429 F. Supp. Except as provided in paragraph (b)(5) of this section, each frame or receiver thereof must also be marked with either: Your name (or recognized abbreviation), and city and State (or recognized abbreviation) where you as a manufacturer or importer maintain your place of business, or in the case of a maker, where you made the Start Printed Page 27752firearm; or if a licensee, your name (or recognized abbreviation) and abbreviated Federal firearms license number as a prefix, which is the first three and last five digits, followed by a hyphen, and then followed by a number as a suffix, e.g., 12345678-[number]; and. Executive Order 12866 (Regulatory Planning and Review) directs agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic benefits, environmental benefits, public health and safety effects, distributive impacts, and equity). Alternative 2Everytown for Gun Safety petition. ATF requests comments on the proposed rule from all interested persons. 60. Stat. Because under the NFA each individual part of a firearm muffler or silencer is a firearm[47] Firearm Muffler or Silencer Parts Transferred Between Qualified Licensees, 10. Ann. The serial number identified on each part of a weapon defined as a frame or receiver must be the same number, but must not duplicate any serial number(s) placed by the licensee on any other firearm. The Omnibus Crime Control and Safe Streets Act of 1968 repealed the FFA, replacing it with the GCA. ATF recently issued that procedure in light of changes to ATF Form 4473 (May 2020), which now requires completion of the form in an order different from that provided in 478.124(f). The agency announced plans to publish the final version of their rule reclassifying pistol braces, a popular firearm accessory, on Friday. That information helps to fight serious crime. Id. The term shall not include a firearm identified and registered in the National Firearms Registration and Transfer Record pursuant to chapter 53, title 26, United States Code, or any firearm made before October 22, 1968 (unless remanufactured after that date). Army Chooses Sig Sauer P320 For Its New Service Pistol, This is consistent with prior ATF guidance to the firearms industry. Both the cover sheet and comment must reference this docket number (2021R-05). Such alternate records shall not be employed by the licensed importer until approval in such regard is received from the Director. Code tit. A licensed manufacturer qualified under this part may transfer a part defined as a muffler or silencer to another qualified manufacturer without immediately identifying or registering such part provided that, upon receipt, it is actively used to manufacture a new complete muffler or silencer device. These figures were extracted on May 5, 2021, and include traces for both U.S. and international law enforcement agencies. at the business or collection premises readily accessible for inspection. Pen. [1] Code Ann. 65. In this Issue, Documents 44. Only official editions of the The rule will go into effect on August 24, 2022; 120 days from the date of publication in the Federal Register. Both the GCA and NFA define the term manufacturer as any person engaged in the business of manufacturing firearms, and the GCA further defines the term licensed manufacturer as any such person licensed under the provisions of this chapter. 18 U.S.C. CBP: 3-D-printed full-auto rifle seized at Lukeville crossing, tucsonsentinel.com (Feb. 8, 2016), http://www.tucsonsentinel.com/local/report/020816_3d_printed_gun/cbp-3-d-printed-full-auto-rifle-seized-lukeville-crossing/;;; Firearms using 3D-printed components seized in Sweden, Armament Research Services (May 19, 2017), https://armamentresearch.com/3d-printed-firearms-seized-in-sweden/;;; The TSA Has Found 3D-Printed Guns at Airport Checkpoints 4 Times Since 2016, Time (Aug. 2, 2018), https://time.com/5356179/3d-printed-guns-tsa/;;; Indiana Residents Indicted on Terrorism and Firearms Charges, DOJ Office of Public Affairs (July 11, 2019), https://www.justice.gov/opa/pr/indiana-residents-indicted-terrorism-and-firearms-charges;; Use of 3D printed guns in German synagogue shooting must act as warning to security services, experts say, Both FFLs and non-FFLs would have the option to contract with an FFL, such as a gunsmith, for this purpose, dispose of them, or send them to ATF or another law enforcement agency for disposal. Each request would be submitted in writing or on an ATF form executed under the penalties of perjury with a complete and accurate description of the item, the name and address of the manufacturer or importer thereof, and a sample of such item for examination along with any instructions, guides, templates, jigs, equipment, tools, or marketing materials that are made available to the purchaser or recipient of the item. 52. Once the new device with such part is completed, the manufacturer of the device shall identify and register it in the manner and within the period specified in this part for a complete muffler or silencer device. The short answer is that an "other firearm" is one that is designed to be fired with 2 hands, does not have a stock and has an overall length that exceeds 26. Under Section 603(b) of the RFA, the regulatory flexibility analysis must provide or address: One of the reasons ATF is considering this proposed regulation is the failure of the market to compensate for negative externalities caused by commercial activity. Table 1Summary of Affected Population, Costs, and Benefits, The proposed definition of this term would maintain current classifications and current marking requirements of firearm frames or receivers, except that the licensed manufacturer or importer must mark on new designs or configurations either: Their name (or recognized abbreviation), and city and State (or recognized abbreviation) where they maintain their place of business; or their name (or recognized abbreviation) and their abbreviated FFL number, on each part defined as a frame or receiver, along with the serial number. During debate on the GCA and related bills introduced to address firearms trafficking, Congress recognized that regulation of all firearm parts was impractical. The ATF will use a six-factor system to determine whether a modified firearm meets the clarified definition of a rifle, and would hence be subject to additional regulations. This rule does not require individuals to mark their personal firearms. Unlike the prior definitions of frame or receiver that were rigidly tied to three specific fire control components (i.e., those necessary for the firearm to initiate or complete the firing sequence), the new regulatory definition is intended to be general enough to encompass changes in technology and parts terminology. The definition of frame or receiver in 479.11 differs slightly from the definition in 478.11 in that it omits an Oxford comma between bolt or breechblock and firing mechanism.. The proposed amendments would enhance public safety by ensuring that records of active licensees will be available for tracing purposes. Va. 2020) (indictment charging false statements on ATF Form 4473 in connection with the purchase of specific handguns listed by date of purchase, make, caliber, model, serial number, and name of FFL); United States v. McCurdy, 634 F. Supp. (5) Firearms designed and configured before [EFFECTIVE DATE OF THE FINAL RULE]. Under the GCA, licensed manufacturers and importers must identify the frame or receiver of each firearm, including a firearm muffler or silencer, with a serial number in accordance with regulations. Specifically, this proposed rule would amend the definition of engaged in the business as it applies to a gunsmith in 27 CFR 478.11 to clarify the meaning of that term as someone who, as a service performed on existing firearms not for sale or distribution by a licensee, devotes time, attention, and labor to repairing or customizing firearms, making or fitting special barrels, stocks, or trigger mechanisms to firearms, or identifying firearms in accordance with this chapter, as a regular course of trade or business with the principal objective of livelihood or profit, but such term shall not include a person who occasionally repairs or customizes firearms, or occasionally makes or fits special barrels, stocks, or trigger mechanisms to firearms.. The United States military services have adopted variants of the Sig Sauer P320 as their official side arm, and are in the process of purchasing up to 500,000 of these striker-fired pistols. The engraving, casting, or stamping (impressing) of the serial number and additional information must be to a minimum depth of .003 inch and in a print size no smaller than 1/16 inch. Having reached the stage of manufacture or development where they became recognizable as one of the sporting goods described in Section 3406(a)(1) the rods upon being sold were subject to tax even though there remained one or more finishing operations to be performed.) (citations omitted). The President of the United States issues other types of documents, including but not limited to; memoranda, notices, determinations, letters, messages, and orders. at 922(u) (stealing a firearm that has been shipped or transported in interstate or foreign commerce from the person or premises of an FFL); id. 17-A section 705(E); Md. Title II Firearms: Title II firearms are machine guns, silencers/suppressors/mufflers, short barreled-rifles, short-barreled shotguns, any other weapons (AOW). 450, 453 (D. Conn. 1973) (a sawed-off shotgun was readily restorable to fire where it could be reassembled in one hour and the necessary missing parts could be obtained at a Smith Wesson plant); compare with United States v. Seven Miscellaneous Firearms, 503 F. Supp. 76. include documents scheduled for later issues, at the request This would resolve a significant problem that ATF Industry Operations Investigators have when trying to reconcile the inventory of a Federal firearms licensee, and that Federal firearms licensees have when timely responding to trace requests, particularly when old AD Records are closed out and stored, which, under this proposed rule, could be in a separate warehouse depending on their age (see Section II.J of the preamble). the document also amended atf's definitions of "firearm" and "gunsmith" to clarify the meaning of those terms, and to provide definitions of terms such as "complete weapon," "complete muffler or silencer device," "multi-piece frame or receiver," "privately made firearm," and "readily" for purposes of clarity given advancements in firearms As the Supreme Court stated in District of Columbia v. Heller, 554 U.S. 570, 626-27 n.26 (2008), presumptively lawful regulatory measures include those imposing conditions and qualifications on the commercial sale of arms. See also United States v. Marzzarella, 614 F.3d 85, 99 (3d Cir. Remove manufacturer and add in its place manufacturer(s), remove the words importer (if any) and add in their place importer(s) (if any) of the firearm or privately made firearm (if privately made in the United States), remove the words serial number and add in their place serial number(s); and. However, that term is neither found in Federal law nor accepted by ATF. Antique firearm. At the rear of the receiver, the butt or stock is fastened. Rev. Ann. For more details, please refer to Chapter 4 of the Regulatory Impact Analysis.Start Printed Page 27737. at 923(d)(1)(F) (requiring license applicants to certify compliance with the requirements of State and local law applicable to the conduct of business). Indeed, the current definitions were never intended to be, or understood to be, exhaustive; at the time the current definitions were adopted there were numerous models of firearms that did not contain a part that fully met the regulatory definition of frame or receiver, such as the Colt 1911, FN-FAL, and the AR-15/M-16, all of which were originally manufactured almost exclusively for military use, and ATF has long applied these factors in determining which component of those weapons qualifies as the frame or receiver.[11]. Such information shall be recorded in a format containing the applicable columns below, except that for armor piercing ammunition, the information and format shall also include the quantity of projectiles: Importer's or Manufacturer's Firearms Acquisition and Disposition Record, Importer's or Manufacturer's Armor Piercing Ammunition Disposition Record. Indeed, several States and municipalities have banned or severely restricted unserialized or 3D printed firearms. For non-FFL manufacturers of firearm parts kits containing a part defined as a firearm frame or receiver, ATF anticipates there would be a significant impact on these individual companies, but notes that the overall industry impact would also be minimal. 34. See 27 CFR 479.101(b); 478.92(a)(4)(iii); 479.102(f)(1). [13] [29] 4. This does not include a firearm identified and registered in the NFRTR pursuant to chapter 53, title 26, United States Code, or any firearm made before October 22, 1968 (unless remanufactured after that date). 5845(m). documents in the last year, 90 11 section 1459; Fla. Stat. an AR- or AK-type pistol) it will soon be considered a short-barreled rifle under the National Firearms Act of 1934. 923(g)(6); 27 CFR 478.39a(b). Code Ann. Certain provisions may have a significant impact on certain small entities, such as non-FFL manufactures of firearm parts kits with incomplete firearm frames or receivers. 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