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. 69. 5842(b), or were accidentally removed, damaged, or worn due to routine use or other innocent reason. Neither the GCA nor the NFA explain at what point in the manufacturing process the required markings must be placed. This rule does not require individuals to mark their personal firearms. i. As defined in 5 CFR 1320.3(c), collection of information comprises reporting, recordkeeping, monitoring, posting, labeling, and other similar actions. 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). Unknown number of FFLs manufacturers and importers (Definition of Receiver). It has been impractical to treat each small part of a firearm as if it were a weapon. Stat. Further, marks help prove in certain criminal prosecutions that firearms used in a crime have travelled in interstate or foreign commerce.). The total 10-year undiscounted cost of this proposed rule is estimated to be $1.3 million. You may submit comments, identified by docket number ATF 2021R-05, by any of the following methods. documents in the last year, 946 Except as provided in paragraph (a)(4)(iv) of this section, licensed manufacturers must identify 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 of no later than seven days following the date of completion of the active manufacturing process for the part, or prior to disposition, whichever is sooner. section 11.61.200; Ariz. Rev. The plain language of the definition of firearm in 18 U.S.C. ATF does not believe the production of 3D printed frames or receivers is substantial at this time when compared with commercially produced firearms. This section addresses non-FFL manufacturers who manufacture partially complete, disassembled, or inoperable frame or receiver kits, to include both firearm parts kits that allow a person to make only a frame or receiver, and those kits that allow a person to make a complete weapon. In paragraph (b)(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. The application shall show that engraving, casting, or stamping (impressing) such a weapon as required by this section would be dangerous or impracticable, or that the requested time period is reasonable and will not hinder the effective administration. Boston.com (Aug. 5, 2020), https://www.boston.com/news/crime/2020/08/05/winthrop-man-had-homemade-ghost-guns-prosecutors-say;; `Ghost Gun' used in shooting that killed two outside Snyder County restaurant, Penn Live (Jul. The NFA is a national registry [] [79] section 16-9-70; Haw. Copies of this proposed rule and the comments received in response to it will be available through the Federal eRulemaking portal, at www.regulations.gov (search for ATF 2021R-05), and for public inspection by appointment during normal business hours at: ATF Reading Room, Room 1E-063, 99 New York Ave. NE, Washington, DC 20226; telephone: (202) 648-8740. (h) Feasibility, i.e., whether the process would damage or destroy the subject of the process, or cause it to malfunction. The nonexclusive list identifies the frame or receiver for the following firearms: (i) Colt 1911-type, Beretta/Browning/FN Herstal/Heckler Koch/Ruger/Sig Sauer/Smith Wesson/Taurus hammer fired semiautomatic pistols; (ii) Glock-type striker fired semiautomatic pistols; (iii) Sig Sauer P320-type semiautomatic pistols; (iv) certain locking block rail system semiautomatic pistols; (v) AR-15-type and Beretta AR-70-type firearms; (vi) Steyr AUG-type firearms; (vii) Thompson M1A1-type machineguns and semiautomatic variants, and L1A1, FN FAL, FN FNC, MP 38, MP 40, and SIG 550 type firearms, and HK-type machineguns and semiautomatic variants; (viii) Vickers/Maxim, Browning 1919, and M2-type machineguns, and box-type machineguns and semiautomatic variants thereof; and (ix) Sten, Sterling, and Kel-tec Sub-2000-type firearms. Destructive device. See United States v. Smith, 642 F.2d 1179, 1182 (9th Cir. (iii) Frame or receiver, machinegun conversion part, or muffler or silencer part disposed of separately. The term "Firearm" means: Any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; The frame or receiver of any such weapon; Any firearm muffler or firearm silencer; or Any destructive device. Licensed manufacturers and licensed importers of firearms must legibly identify each firearm they manufacture or import as follows: (i) Serial number, name, place of business. Currently, the regulations assume that each part defined as a muffler or silencer must be marked and registered. Except as provided in paragraph (b)(4) of this section, each part defined as a frame or receiver, machine gun, 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 you 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. Since PMFs are not Start Printed Page 27735commercially manufactured, if a PMF were received or otherwise acquired by a licensee or disposed of, or imported, the abbreviation PMF would be recorded as the manufacturer in the appropriate column on a licensee's acquisition and disposition record, ATF Form 4473, or import application, as well as the PMF serial number beginning with the abbreviated FFL number in the serial number column. Stat. ATF will make all comments meeting the requirements of this section, whether submitted electronically or on paper, available for public viewing at ATF and on the internet through the Federal eRulemaking Portal, and subject to the Freedom of Information Act (5 U.S.C. Also, this proposed rule would not require Federal firearms licensees to accept any PMFs, or to mark them themselves. In 2016, ATF issued an Advance Notice of Proposed Rulemaking in response to a petition for rulemaking from a firearms industry trade association recommending that regulations be amended to require that a silencer be marked on the outer tube (as opposed to other locations), unless a variance is granted by the Director on a case-by-case basis for good cause. 7801(a)(2)(A), 7805(a). 2016) ([A] receiver must have the housing for three elements: hammer, bolt or breechblock, and firing mechanism.); United States v. Joseph Roh, SACR 14-167-JV, Minute Order p. 6 (C.D. Of the potential number of licensed dealers and licensed pawnbrokers, ATF estimates that those directly affected would be a one-time surge of 5,298 licensed dealers, 710 licensed pawnbrokers, and 36 non-licensed dealers that would be affected. This alternative would grandfather in all existing firearms that would not meet the serialization standard for partially complete and split frames or receivers. However, this result has caused confusion and concern among many silencer manufacturers because some silencer parts defined as silencers, such as baffles, are difficult to mark, and make little sense to mark for tracing purposes when the outer tube or Start Printed Page 27728housing of the complete device is marked and registered. This provision simply requires that a bound volume be maintained by the dealer of the sales of firearms which would include a complete description of the firearm, including its manufacturer, model number, and its serial number and the verified name, address, and date of birth of the purchaser. 62. 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. Such information shall be recorded in a format containing the applicable columns prescribed by 478.122, except that for armor piercing ammunition, the information and format shall also include the quantity of projectiles. ATF's new rule does not change the definition of a Firearm Frame or Receiver to include 3D printed firearms. 901(b), 82 Stat. [54] 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. These changes would supersede ATF Rulings 2011-1 and 2016-3, and those rulings would become obsolete upon publication of a final rule. A licensed manufacturer qualified under part 479 may transfer a part defined as a firearm muffler or firearm silencer to another qualified manufacturer without immediately identifying or registering such part provided that, upon receipt, it is actively used to manufacture a complete muffler or silencer device. 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. 1980) (weapons could not be readily restored to fire when restoration required master gunsmith in a gun shop and $65,000 worth of equipment and tools). To ensure traceability if the parts are separated, there would no longer be an option only to mark the FFL's name, city, and state on the slide or barrel. General Definition of Frame or Receiver, 2. Each document posted on the site includes a link to the See How to Properly Destroy Firearms, ATF.gov, https://www.atf.gov/firearms/how-properly-destroy-firearms;; ATF Rul. Accordingly, prohibited persons have easily obtained them. 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. There is no cost associated with this section. Acceptable methods of destruction include completely melting, crushing, or shredding the frame or receiver, or by completely severing at least three critical areas of the frame or receiver using a cutting torch having a tip of sufficient size to displace at least 1/4 inch of material at each location. 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. The additional information required to be marked on each frame or receiver (i.e., name, city and state, or name and abbreviated serial number) would only apply to new designs or configurations of firearms manufactured or imported after publication of the rule. For more details, please refer to Chapter 4 of the Regulatory Impact Analysis.Start Printed Page 27737. Rul. As Glock became popular, other manufacturers started using striker fire as well, proliferating it across the firearms manufacturing community on a grand scale.). 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 more than one name, manufacturer, country, importer, or serial number, if appropriate, is recorded when completing importation forms. Order 13637, 78 FR 16129 (Mar. 2019); Commonwealth v. Baxter, 956 A.2d 465 (Pa. Super 2008). Add definitions for Complete muffler or silencer device and Complete weapon; b. Ann. This third supplement would define frame or receiver to include in the case of a frame or receiver that is partially complete, disassembled, or inoperable, a frame or receiver that has reached a stage in manufacture where it may readily be completed, assembled, converted, or restored to a functional state. To determine this status, the Director may consider any available instructions, guides, templates, jigs, equipment, tools, or marketing materials. For clarification, partially complete for purposes of this definition 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., This supplement addresses another core challenge of the existing, definition of firearm frame or receiver; namely, that it does not address the question when an object becomes a frame or receiver. See FFL Newsletter, May 2012, p.5 (If a firearm is marked with two manufacturer's names, or multiple manufacturer and importer names, FFLs should record each manufacturers' and importers' name in the AD record.). [25], With the proliferation of PMFs, ATF has also received numerous requests from licensees seeking clarity on how they may be accepted and recorded so that they can track their inventories, process warranty claims, reconcile any missing inventory, respond to trace requests, and report lost or stolen PMFs to police and insurance companies. Burden of Response: This includes recurring time burden of 1 minute. documents in the last year, 480 section 14-160.2; N.D. Voluntary Classification of Firearms and Armor Piercing Ammunition, 3. [35] Congress and the Attorney General have delegated the responsibility for administering and enforcing the GCA and NFA to the Director of ATF, subject to the direction of the Attorney General and the Deputy Attorney General. Manufacturers of such parts kits must be licensed, abide by the marking and recordkeeping requirements, and pay Federal Firearms Excise Tax on their sales price. In accordance with the Regulatory Flexibility Act (RFA), ATF prepared an Initial Regulatory Flexibility Analysis (IRFA) that examines the impacts of the proposed rule on small entities (5 U.S.C. nothing in this rule would restrict persons not otherwise prohibited from possessing firearms from making their own firearms at home without markings solely for personal use (not for sale or distribution) in accordance with Federal, State, and local law. For purposes of this section, the terms legible and legibly mean that the identification markings use exclusively Roman letters (e.g., A, a, B, b, C, c) and Arabic numerals (e.g., 1, 2, 3), or solely Arabic numerals, and may include a hyphen, and the terms conspicuous and conspicuously mean that the identification markings are capable of being easily seen with normal handling of the firearm and unobstructed by other markings when the complete weapon is assembled. 1996) (pistol with broken firing pin); United States v. Yannott, 42 F.3d 999, 1005 (6th 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. 3d 469 (N.D. Ohio 2019), Testimony of ATF Firearms Enforcement Officer Daniel Hoffman at Doc. In paragraph (b)(1)(iv)(G), remove serial number and add in its place serial number(s). The prefatory paragraph to the definitional section of 27 CFR 478.11 (Meaning of Terms) states: [w]hen used in this part and in forms Start Printed Page 27722prescribed under this part, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof, terms shall have the meanings ascribed in this section.[12] 17. (b) A record of each firearm disposed of by an importer and a separate record of armor piercing ammunition dispositions to governmental entities, for exportation, or for testing or experimentation authorized under the provision of 478.149, shall be maintained by the licensed importer on the licensed premises. [26] A Proposed Rule by the Alcohol, Tobacco, Firearms, and Explosives Bureau on 05/21/2021. See Webster's Third New International Dictionary, pp. section 445-134.11(c)(10); 205 Ill. Comp. In paragraph (b)(1)(iv)(A), remove the word manufacturer and add in its place manufacturer(s) of the firearm or privately made firearm (if privately made in the United States); b. Paper forms over 20 years of age 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. In this Issue, Documents 12, 2021), https://www.justice.gov/usao-sdca/pr/man-sentenced-attempting-board-international-flight-loaded-firearm;; Glock ghost guns up for grabs on the dark web, Australian National University (Mar. 7805. a. There may be future changes in firearms technology or terminology resulting in housings or holding structures for new or different components that initiate, complete, or continue the firing sequence of weapons that expel a projectile by the action of an explosive. 5527 (March 22, 1965). 1994) (shotgun with broken firing pin); United States v. Ruiz, 986 F.2d 905, 910 (5th Cir. Code section 35-47-2-18; Kan. Stat. 5845(i). The lettering shall be located on the exterior surface of the package which contains information concerning the caliber or gauge of the ammunition. 2, 2020), https://www.npr.org/local/305/2020/03/02/811194978/how-d-c-is-addressing-an-ongoing-spike-in-gun-violence;; Untraceable `Ghost Guns' sold across Central Florida, WKMG-TV Orlando (Nov. 15, 2016), https://www.clickorlando.com/getting-results/2016/11/15/untraceable-ghost-guns-sold-across-central-florida/. 599A(b)(1); 28 CFR 0.130(a)(1)-(2). Add a sentence after the sixth sentence; and. 923(g)(5)(A), licensed dealers along the Southwest border are also required by demand letter to report to ATF multiple sales of certain rifles during five consecutive business days to the same person on ATF Form 3310.12, including the rifle's serial number, manufacturer, importer, model, and caliber. This article appeared online at TheNewAmerican.com on Monday, January 16, 2023: Back in 2012, the ATF (the Bureau of Alcohol, Tobacco, Firearms and Explosives) ruled that pistol stabilizing braces didn't turn pistols into short-barreled rifles, and therefore they were exempt from inclusion under the 1934 National Firearms Act (NFA). See footnote 72 infra. See Design of AR-15 could derail charges tied to popular rifle, APnews.com (Jan. 13, 2020), https://apnews.com/article/396bbedbf4963a28bda99e7793ee6366. Title II Firearms: Title II firearms are machine guns, silencers/suppressors/mufflers, short barreled-rifles, short-barreled shotguns, any other weapons (AOW). section 18.2-311.1; Wash. Rev. . 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 information required by this paragraph shall be recorded in a format containing the applicable columns prescribed by 478.122.Start Printed Page 27750. section 226.040(1)(d)(7); La. Clarifying this issue is needed to deter the increased sale or distribution of unlicensed and unregulated partially complete or unassembled frames or receivers often sold within parts kits that can readily be completed or assembled to a functional state. However, as with current regulations, silencer parts sold, shipped, or otherwise disposed of separately would still be considered silencers that require all markings prior to disposition except when transferred between qualified manufacturers for the production of new devices, and to qualified manufacturers and dealers for the repair of existing devices (see Section II.H.9 of the preamble). documents in the last year, 1401 (d) Records of importation and manufacture. The term "Firearm" means: Any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; The frame or receiver of any such weapon; Any firearm muffler or firearm silencer; or. 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. 23. 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 Attorney General is responsible for enforcing the Gun Control Act of 1968 (GCA), as amended, and the National Firearms Act of 1934 (NFA), as amended. 15 U.S.C. Minor technical amendments would also be needed in 27 CFR 479.62, 479.84, 479.88, 479.90, and 479.141, pertaining to NFA Form 1 (Application to Make), NFA Form 4 (Application to Transfer), NFA Form 3 (Tax Exempt TransfersSOTs), NFA Form 5 (Tax Exempt TransfersGovernmental Entities), and the Stolen or Lost Firearms report, respectively. 2010) (distinguishing dealer-gunsmiths from manufacturers). 922(b)(2) (prohibiting licensees from selling or delivering any firearm to any person in a State where the purchase or possession by such person of such firearm would be in violation of any State law or published ordinance applicable at the place of sale, delivery, or other disposition); id. The Public Inspection page (D) In the case of an imported firearm, the name of the country in which it was manufactured. 923(g)(1)(A); 27 CFR 478.124. The term 80% receiver is a term used by some industry members, the public, and the media to describe a frame or receiver that has not yet reached a stage in manufacture to be classified as a frame or receiver under Federal law. Before the requirements for this collection of information becomes effective, we will publish a notice in the Federal Register and request additional comments regarding the collection of information prior to OMB's decision to approve, modify, or disapprove the proposed collection. It was found impractical to have controls over each small part of a firearm. A Succinct Statement of the Objectives of, and Legal Basis for, the Proposed Rule, 3. documents in the last year, 1487 The proposed rule would require acquisition and disposition record changes to accommodate recording multiple frames or receivers that have different serial numbers if the original frames or receivers (with the same serial number) become separated and are reassembled with frames or receivers bearing different serial numbers. 27 CFR 478.92(a)(2); id. (a) Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and (b) any replica of any firearm described in paragraph (a) of this definition if such replica (1) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or (2) uses rimfire or . rendition of the daily Federal Register on FederalRegister.gov does not (5) Firearms designed and configured before [EFFECTIVE DATE OF THE FINAL RULE]. Note: This section is intended to provide basic guidance in understanding firearm terminology. [13] Stat. [60], The proposed rule would define the term importer's or manufacturer's serial number in 27 CFR 478.11 as: [t]he identification number, licensee name, licensee city or state, or license number placed by a licensee on a firearm frame or receiver in accordance with this part. [66] This proposed rule is not a major rule as defined by section 251 of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 60, Hrg. A complete weapon would be defined as 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. Likewise, a complete muffler or silencer device would be defined as a firearm muffler or firearm silencer that contains all of the component parts necessary to function as designed whether or not assembled or operable. These definitions are needed to explain when a frame or receiver of a firearm, including a firearm muffler or silencer, as the case may be, must be marked. legal research should verify their results against an official edition of This is consistent with prior ATF guidance to the firearms industry. 2006) ([T]he Defendant weapon here had all of the necessary parts for restoration and would take no more than six hours to restore.); United States v. Woods, 560 F.2d 660, 664 (5th Cir. section 2C:39-3(n) (prohibiting possession of firearms manufactured or assembled without serial number); N.Y. With respect to polymer firearms, including those that are produced using additive manufacturing (also known as 3D printing), the method of marking would typically require the licensee to embed (or use pre-existing) metal serial number plates within the plastic to ensure they cannot be worn away during normal use. Travelled in interstate or foreign commerce. ) ( N.D. Ohio 2019 ) ; United States v. 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