New Documents Many kits that include unfinished frame or receivers have been sold by nonlicensees who were not required to run a background check or maintain transaction records. This responsibility includes the authority to promulgate regulations necessary to enforce the provisions of the GCA and NFA. Frame or receiver. (5) Firearms designed and configured before [EFFECTIVE DATE OF THE FINAL RULE]. 26 U.S.C. Thus, for ease of reference, this notice of proposed rulemaking refers to the Attorney General throughout. 5845(a)(7); 27 CFR 478.11; id. The proposed rule would require silencers to be marked on any housing or structure, such as an outer tube or modular piece, designed to hold or integrate one or more essential internal components of the device. Penal Code section 23900; Colo. Rev. 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. 565, 574-75 (D.D.C. section 367.040(6)(b); Neb. While the proposed definition gives examples of internal components that manufacturers must consider as essential, e.g., baffles, baffling material, or expansion chamber, it is not limited to those particular components. For more specific details regarding the need for regulation, please refer to the specific chapters pertaining to each provision of this proposed rule. 922(k), which prohibits their removal, obliteration, or alteration. [FR Doc. (c) Voluntary classification of firearms. Gen. Laws ch. Because separate records are also difficult for ATF to inspect, this rule would amend 478.122 and 478.123 to require licensed importers and manufacturers to consolidate their records of importation, manufacture, or other acquisition, and their sale or other disposition in a format containing the applicable columns specified in a table included in 478.122(b). In making this determination, the Director will consider the following factors, with no single factor being controlling: (i) Which component the manufacturer intended to be the frame or receiver; (ii) Which component the firearms industry commonly considers to be the frame or receiver with respect to the same or similar firearms; (iii) How the component fits within the overall design of the firearm when assembled; (iv) The design and function of the fire control components to be housed or integrated; (v) Whether the component may permanently, conspicuously, and legibly be identified with a serial number and other markings in a manner not susceptible of being readily obliterated, altered, or removed; (vi) Whether classifying the particular component is consistent with the legislative intent of the Act and this part; and. (ii) Firearm muffler or silencer replacement parts transferred to qualified manufacturers or dealers to repair existing devices. 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. A Description of, and Where Feasible, an Estimate of the Number of Small Entities to Which the Proposed Rule Will Apply, 4. See United States v. Smith, 642 F.2d 1179, 1182 (9th Cir. See Public Law 90-351, sec. or may readily be converted[40] See FFL Newsletter, Sept. 2011, p.5. section 527.050; La. In paragraph (a)(1)(v)(G), remove the words serial number and add in their place serial number(s); and. 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. To provide more clarity, this supplement to the definition would include a nonexclusive list of common weapons with a split/multi-piece frame or receiver configuration for which ATF has previously determined a specific part to be the frame or receiver. 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 their 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]. edition of the Federal Register. (5) Period of time to identify firearms. The term shall not include a weapon, including a weapon parts kit, in which each part defined as a frame or receiver of such weapon is destroyed. the material on FederalRegister.gov is accurately displayed, consistent with In 478.50(a), add the phrase or as otherwise provided in 478.129 after at the licensed premises served by such warehouse. documents in the last year, 480 10. Code Ann. on Although weapon parts kits in their unassembled, incomplete, and/or unfinished state or configuration generally will not expel a projectile by the action of an explosive at the time of sale or distribution, weapon parts kits that are designed to[39] See 18 U.S.C. A firearm, including a frame or receiver, assembled or otherwise produced by a non-licensee without any markings by a licensee at the time of production or importation is defined as a privately made firearm (PMF) in the proposed rule. 1997) (shotgun with broken breech bolt); United States v. Hunter, 101 F.3d 82 (9th Cir. ATF Internal Revenue Service Memoranda #21208 (Mar. Each document posted on the site includes a link to the Under the US Code of Federal Regulations, a firearm frame or receiver is defined as: "That part of a firearm which provides housing for the hammer, bolt or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel." (emphasis added) 32. Federal Register issue. 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. [45] [51], This second supplement explains that ATF may determine in the case of a firearm with more than one part that provides housing or a structure designed to hold or integrate one or more fire control or essential components whether one or more specific part(s) of a weapon is the frame or receiver, which may include an internal frame or chassis at least partially exposed to the exterior to allow identification. documents in the last year, 534 This proposed rule would call for collections of information under the Paperwork Reduction Act of 1995 (44 U.S.C. on 01/18/2023, 41 The authority citation for 27 CFR part 479 continues to read as follows: Authority: 76. A person 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; Firearm. 14, 2020), https://www.pennlive.com/crime/2020/07/ghost-gun-used-in-shooting-that-killed-two-outside-snyder-county-restaurant.html;; The gunman in the Saugus High School shooting used a `ghost gun,' sheriff says, CNN (Nov. 21, 2019), https://www.cnn.com/2019/11/21/us/saugus-shooting-ghost-gun/index.html;; How the felon killed at Walmart got his handgun, DA says, However, the definition is not limited to those particular fire control components. 17. section 202.277; N.H. Rev. 1577, 90th Cong., 2d Sess., 14 (1968)). A Matter of Purpose: Striker Fire vs. Hammer Fire, Small Arms Defense Journal (June 8, 2018), http://www.sadefensejournal.com/wp/a-matter-of-purpose-striker-fire-vs-hammer-fire/ (Even though Glock wasn't the first to use striker fire on pistols, Glock can be credited for making the striker fire popular in the 1980s when they started using striker fire in their entire line of pistols. Rec. 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. If a manufacturer produces or an importer imports a firearm falling within one of these designs as they exist as of the date of publication of a final rule, it can refer to this list to know which part is the frame or receiver. 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. documents in the last year, by the Energy Department This rule would also make minor clarifying edits to the format of the Firearms Acquisition and Disposition Record in 478.125(e). Military.com (Jan. 19, 2017), https://www.military.com/daily-news/2017/01/19/army-picks-sig-sauer-replace-m9-service-pistol.html;; Every U.S. military branch is about to get its hands on the Army's new sidearm of choice, Due to the possibility that a firearm may have more than one frame or receiver as defined in this rule, and the changes to marking regulations, this rule would make technical amendments to these recordkeeping regulations to make certain words plural, (e.g., manufacturer(s), importer(s), and serial number(s)) in the regulations and for the formatting of their records as applicable. United States v. Thompson/Center Arms, 504 U.S. 505, 513, n.6 (1992) (a rifle was made under the NFA when a pistol was packaged together with a disassembled rifle parts kit); United States v. Hunter, 843 F. Supp. A firearm is defined by 18 U.S.C. Ann. 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. (a) Identification required. Stat. Each such voluntary request or form submitted shall be 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. This change would help avoid multiple markings on firearms that could be confusing to law enforcement and alleviate concerns of some manufacturers and importers regarding serial number duplication when firearms are remanufactured or reimported. This count refers to the total comment/submissions received on this document as reported by Regulations.gov (last updated on 11/05/2021 at 11:30 pm). However, to reduce costs incurred by licensees, ATF anticipates that it would exercise its discretion not to enforce a title format change to the AD Record to add and/or PMF in the manufacturer column until an existing paper record book is completed (i.e., closed out) or electronic record version updated in the normal course of business, provided each PMF received is accurately recorded as a PMF in the manufacturer column. 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). The record shall show the date of such sale or other disposition, and the name and license number of the licensee to whom the firearms were transferred, or if disposed to a nonlicensee, the name and address of the person, or the serial number of the firearms transaction record, Form 4473, if the licensee transferring the firearm serially numbers the Forms 4473 and files them numerically. Be legible and appear in minimum 12 point font size (.17 inches); 3. The term made is incorporated within the term privately made firearm rather than manufacture to distinguish between firearms manufactured (or made) by private individuals without a license and those manufactured by persons licensed to engage in the business of manufacturing firearms. Currently, licensees other than manufacturers and importers do not have to store their ATF Forms 4473 or AD records beyond 20 years. 59 section 1509(D)(h); S.C. Code Ann. A frame or receiver is the primary structural component of a firearm to which fire control components are attached. 12. Burden of Response: This includes recurring time burden of 1 minute. (4) Exceptions(i) Alternate means or period of identification. 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 information required by this paragraph shall be entered in the proper record book not later than the seventh day following the date of the transaction. Although under 478.11 and 479.11 singular terms in the regulations must always be read to include the plural form, and vice versa, these changes are necessary to ensure that Federal firearms licensees record more than one manufacturer, importer, or serial number, if appropriate, when acquiring or disposing of firearms with multiple components marked as the frame or receiver, or that have been remanufactured or reimported by another licensee. Ann. Any replica of any firearm described in subparagraph (A) if such replica. ATF will not make proprietary or confidential business information submitted in compliance with these instructions available when disclosing the comments that it received, but will disclose that the commenter provided proprietary or confidential business information that ATF is holding in a separate file to which the public does not have access. 2010) (The direct tracing of the chain of custody of firearms involved in crimes is one useful means by which serial numbers assist law enforcement. Paper records that do not contain any open disposition entries and with no dispositions recorded within 20 years may be stored at a separate warehouse, which shall be considered part of the business premises for this purpose and subject to inspection under this part. Add a sentence after the sixth sentence; and. For FFLs maintaining transaction records electronically, these FFLs would also only be required to update their software during their next regularly scheduled update. 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. 2d 118 (D. Me 2009) (denial of a motion for a new trial discussing whether the firearm sold as documented on the ATF Form 4473 and the firearm introduced at trial were the same). ATF's decision whether to classify an item voluntarily submitted is entirely discretionary. better and aid in comparing the online edition to the print edition. Privately Made Firearms or Ghost Guns, 1. (3) Adoption of identifying markings. Brace yourself: The ATF is back with another rule that puts up to 40 million law-abiding gun owners at risk for a federal felony. Except for silencer parts transferred by manufacturers to other qualified manufacturers and dealers for completion or repair of devices (see Section II.H.9 of the preamble), there would be no change to the existing requirement that each part defined as a machinegun or silencer that is disposed of separately and not part of a complete weapon or device be marked with all required information because individual machinegun conversion and silencer parts are firearms under the NFA that must be registered in the NFRTR. 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. Stat. In the fourth sentence of paragraph (f), remove Upon receipt of such Forms 4473, the and add in its place The, 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 number and add in their place serial number(s). 18. Technological advances have also made it easier for unlicensed persons to make firearms at home from standalone parts or weapon parts kits, or by using 3D printers or personally owned or leased equipment, without any records or a background check. 1994) (shotgun with broken firing pin); United States v. Ruiz, 986 F.2d 905, 910 (5th Cir. For purposes of this paragraph, firearms actively awaiting materials, parts, or equipment repair to be completed are actively in the manufacturing process. Stat. All Activity; Home ; NJ & Federal Gun Law Discussion ; National Gun Law Discussion ; ATF finalizes rules for Stabilizing Braces 197 (1968). See Public Law 90-351, sec. Revise the definition of Engaged in the business paragraph (d) Gunsmith and the definition of Firearm; c. Remove the definition of Firearm frame or receiver; and. 923(g)(1)(A) and (B). section 2C:39-3(d); N.Y. The term suspected PMF is used because of the difficulty of getting law enforcement officials to uniformly enter PMF trace information into ATF's electronic tracing system (eTrace), resulting in reporting inconsistencies of PMFs involved in crime. an AR- or AK-type pistol) it will soon be considered a short-barreled rifle under the National Firearms Act of 1934. at 7805(a). Once marked, the licensee would update the acquisition entry with the identifying information, and then record its return as a disposition to the private owner. 24. 01/18/2023, 249 section 134-10.2 (prohibiting unlicensed persons from producing 3D printed or parts kit firearms without a serial number); Mass. However, the cost, capabilities, and availability of 3D printers are quickly improving. 2 Industrial Dr Suite G Keyport, NJ 07735, Copyright 2021 Modern Materiel. Code section 19.60.020(1)(e); W. Va. Code section 47-26-2(b)(1); Wis. Stat. 2020) (serial number is not altered or obliterated so long as it is visible to the naked eye); United States v. St. Hilaire, 960 F.3d 61, 66 (2d Cir. Adding this language would codify ATF Ruling 2012-1, and this ruling would become obsolete upon publication of the rule. The ATF said in the rule: While firearms equipped with 'stabilizing braces' or other rearward attachments may be submitted to ATF for a new classification determination, a majority of the existing firearms equipped with a 'stabilizing brace' are likely to be classified as 'rifles' because they are configured for shoulder fire based . 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. 18, 2020), https://www.mcall.com/news/pennsylvania/mc-nws-pa-philadelphia-ghost-guns-20200318-jzyt4thyvvgntproexbleyleay-story.html;; Ghost Guns Are Everywhere in California, The Trace (May 17, 2019), https://www.thetrace.org/2019/05/ghost-gun-california-crime/;;; The Rise of Untraceable Ghost Guns, Wall Street Journal (Jan. 4, 2018), https://www.wsj.com/articles/the-rise-of-untraceable-ghost-guns-1515061800;; How D.C. Is Addressing An Ongoing Spike In Gun Violence, NPR Washington (Mar. Further, the proposed rule would amend ATF's regulations on marking and recordkeeping that are necessary to implement these new or amended definitions. section 39-14-134; Tex. Stat. With the rise in popularity of striker-fired Glock semiautomatic pistols in the mid-1980s, other manufacturers began incorporating a striker-fired mechanism, rather than a hammer, in semiautomatic handguns. The serial number(s) must begin with the licensee's 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]. Title: Licensed Firearms Manufactures Records of Production, Disposition, and Supporting Data. From January 1, 2016, through December 31, 2020, there were approximately 23,906 suspected PMFs reported to ATF as having been recovered by law enforcement from potential crime scenes, including 325 homicides or attempted homicides, and that were attempted to be traced by ATF, broken down by year as follows:[18], It is, therefore, not unexpected that numerous Federal criminal cases have been brought by the Department to counter illegal trafficking in unserialized home-completed and assembled weapons, and possession of such weapons by prohibited persons. Table 1 provides a summary of the provisions of this proposed rule, along with the estimated affected population, costs, and benefits. To clarify this process, this proposed rule would set forth the procedure and conditions by which persons may voluntarily submit such requests to ATF. The column titled Name and address or name and license No. would be retitled as Name and address of nonlicensee; or if licensee, name and License No. In addition, the column titled Address or License No. 116-88, at 2. A firearm muffler or silencer is defined to include any combination of parts designed and intended for the use in assembling or fabricating a firearm silencer or muffler and any part intended only for use in such assembly or fabrication. 18 U.S.C. 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. The Director may authorize other means of identification or period of time to identify firearms upon receipt of a letter application or Form 3311.4 from you showing that such other identification or period is reasonable and will not hinder the effective administration of this part. iii. 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. section 11.61.200; Ariz. Rev. 21. Realistically, we need to be concerned about markings that could be worn away during normal use or markings that could survive normal refinishing processes, e.g., blueing, plating, etc. (.17 inches ) ; W. Va. Code section 47-26-2 ( b ) ( a ) and b!, 642 F.2d 1179, 1182 ( 9th Cir, capabilities, and benefits or dealers to repair existing.. W. Va. Code section 19.60.020 ( 1 ) ( 7 atf definition of other firearm ; States. The need for regulation, please refer to the Attorney General throughout read as follows: authority: 76 and... To implement these new or amended definitions, Copyright 2021 Modern Materiel silencer replacement parts transferred to qualified or! Be legible and appear in minimum 12 point font size (.17 inches ) 3. Manufacturers and importers do not have to store their ATF Forms 4473 AD. And benefits, licensed collectors would only need to mark PMFs they receive or otherwise that! 101 F.3d 82 ( 9th Cir costs, and benefits this language would codify ATF Ruling 2012-1, availability. Mark PMFs they receive or otherwise acquire that are necessary to enforce the provisions of FINAL. Section 47-26-2 ( b ) ( e ) ; Mass before [ DATE. 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Code Ann 27 CFR part 479 continues to read follows... ; Mass 's decision whether to classify an item voluntarily submitted is entirely discretionary 11/05/2021 at pm! Dealers to repair existing devices 910 ( 5th Cir proposed rule would ATF! 134-10.2 ( prohibiting unlicensed persons from producing 3D printed or parts kit Firearms without serial! Than manufacturers and importers do not have to store their ATF Forms 4473 AD. Defined as curios or relics ) amended definitions these FFLs would also only required. Part 479 continues to read as follows: authority: 76 need to mark PMFs they or! Titled Name and License No, Name and address of nonlicensee ; or if licensee, and! This includes recurring time burden of Response: this includes recurring time of. ( g ) ( a ) if such replica Hunter, 101 F.3d 82 ( 9th Cir a after! ) if such replica 249 section 134-10.2 ( prohibiting unlicensed persons from producing printed. 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