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 significant alternatives considered are set forth in Section IV(A)(9) of this preamble. In addition, if ATF cannot read your comment due to technical difficulties and cannot contact you for clarification, ATF may not be able to consider your comment. 1, 1971) (lower portion of the M-16 is the frame or receiver because it comes closest to meeting the definition of frame or receiver in 26 CFR 178.11 (now 27 CFR 478.11), and is the receiver of a machinegun as defined in the NFA); ATF Memorandum #22334 (Jan. 24, 1977) (upper half of the FN FAL rifle is the frame or receiver because it was designed to accept the components that allow fully automatic fire). Proposed Use of Information: The Bureau of Alcohol, Tobacco, Firearms, and Explosives would use this information for criminal investigation or regulatory compliance with the Gun Control Act of 1968. Rev. [44] Ann. Millions of Americans face the threat of federal felony charges over guns they purchased legally thanks to a new rule released by the ATF. [4] Rec. During debate on the GCA and related bills introduced to address firearms trafficking, Congress recognized that regulation of all firearm parts was impractical. Stat. at 7805(a). Alternative 3Grandfather all existing firearms and receivers. by the Farm Credit System Insurance Corporation 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. The proposed amendments would enhance public safety by ensuring that records of active licensees will be available for tracing purposes. Further, the proposed rule would amend ATF's regulations on marking and recordkeeping that are necessary to implement these new or amended definitions. 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. ATF considered various alternatives when preparing this proposed rule. 923(g)(6); 27 CFR 478.39a(b). (iv) Size and depth of markings. has no substantive legal effect. 5845(d) and stating [t]he fact that the weapon was in two pieces when found is immaterial considering that only a minimum of effort was required to make it operable.); United States v. Smith, 477 F.2d 399, 400-01 (8th Cir. This classification is not new but has become more popular as new other firearm models like the Modern Materiel MODMAT-SBF and MODMAT WARTIME SBF have come to market. For PMFs received prior to the effective date of a final rule that are to be identified by the licensee in accordance with 478.92, or by another licensee at the licensee's request, the licensee would be required to first record the firearm as an acquisition in the licensee's AD Records upon receipt from the private owner (whether or not the licensee keeps the PMF overnight). [7], Although ATF's regulatory definitions of frame or receiver do not expressly capture these types of firearms (i.e., split/multi-piece receivers) that now constitute the majority of firearms in the United States,[8] However, there was an exception from the serial number and model requirements for any shotgun or .22 caliber rifle unless that firearm was also subject to the NFA. See Public Law 90-351, sec. (v) Period of time to identify firearms. This proposed rule would require licensed dealers and collectors to store their Forms 4473 or AD records indefinitely. 2003) (partially disassembled Tec-9 pistol that could be assembled within short period of time could readily be converted to expel a projectile). 48. 19. Second, the marks enable law enforcement officers to trace specific firearms used in crimes from the manufacturer or importer to individual purchasers, and to identify particular firearms that have been lost or stolen. Also, while licensed manufacturers who sell or distribute firearms to law enforcement agencies would be subject to this rule, law enforcement agencies (not engaged in the business of manufacturing firearms for sale or distribution) would be excluded from this rule, including associated amendments to the marking and recordkeeping requirements necessary to implement its definitions.Start Printed Page 27726. Under the proposed rule, FFLs would be required to mark PMFs within 7 days of the firearm being received by a licensee, or before disposition, whichever first occurs. For more details, please refer to Chapters 1 and 10 of the Regulatory Impact Analysis. 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. 5 U.S.C. A Succinct Statement of the Objectives of, and Legal Basis for, the Proposed Rule, 3. 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. Title: Identification Markings Placed on Firearms. [910]. 2004) (firearms redesigned as ornaments that would take a great deal of time, expertise, equipment, and materials to attempt to reactivate were no longer designed to expel a projectile by the action of an explosive and could not readily be converted to do so). This leaked draft document from the ATF is just about as clear as mud: Definition of "Frame or Receiver" and Identification of Firearms. 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. Licensed manufacturers and licensed importers may continue to identify firearms of the same design and configuration as they existed before [EFFECTIVE DATE OF THE FINAL RULE] with the information required to be marked by paragraphs (a)(1) and (2) of this section that were in effect prior to that date, and any rules necessary to ensure such identification shall remain effective for that purpose. 18 U.S.C. or may readily be converted[40] Further, Rule 2021R-05 does not prohibit you from building a firearm using an 80% receiver. This resulted in some traces of firearms involved in crimes to be returned incomplete for lack of records. 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. See FFL Newsletter, Sept. 2011, p.5. Add definitions for Complete muffler or silencer device and Complete weapon; b. 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. 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. So it appears that not only are they going to soon restrict 80% receivers, but they also want to call an AR-15 Upper Receiver a "firearm." Just how this would be implemented is not clear. 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. Also, this proposed rule would not require Federal firearms licensees to accept any PMFs, or to mark them themselves. The record shall show the date of such sale or other disposition, and the name and license number of the licensee to whom the firearm was 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. [79] The plain language of the definition of firearm in 18 U.S.C. See 18 U.S.C. Any such part identified with a serial number shall be presumed, absent an official determination by the Director or other reliable evidence to the contrary, to be a frame or receiver. 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). Single-framed firearms incorporate the hammer, bolt or breechblock, and firing mechanism within the same housing. ATF also requests comments on the costs or benefits of the proposed rule and on the appropriate methodology and data for calculating those costs and benefits. ATF will retain all comments as part of this rulemakings administrative record. 15229 (June 24, 1986) (Statement of Rep. Hughes) (In order for the law enforcement Firearm Tracing Program to operate, some minimal level of recordkeeping is required [for sales from dealers' personal collections]. 27. [19], The problem of untraceable firearms being acquired and used by violent criminals and terrorists is international in scope. Licensees are also required by law to report the theft or loss of firearms on a Federal Firearms Licensee Theft/Loss Report, ATF Form 3310.11, which includes a description of the manufacturer, importer, model, serial number, type, and caliber/gauge of each firearm stolen or lost. Start Printed Page 2773928 U.S.C. 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. 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. Penal Law section 265.02(3); N.C. Gen. Stat. ATF may not consider, or respond to, comments that do not meet these requirements or comments containing profanity. 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. 57. section 29-36; Del. 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. These tools are designed to help you understand the official document In other words, FFLs using paper forms requested from ATF are not anticipated to incur any additional cost. 7805. a. 921(a)(3)(A) even if they cannot expel a projectile in their present form or configuration. Regulations implementing the relevant statutes spell the term machine gun rather than machinegun. E.g., 27 CFR 478.11, 479.11. Ann. The President of the United States issues other types of documents, including but not limited to; memoranda, notices, determinations, letters, messages, and orders. 901(a), 82 Stat. See 28 U.S.C. 59 section 1509(D)(h); S.C. Code Ann. section 21-41(c); Del. Firearm Muffler or Silencer Frame or Receiver, 4. 15 U.S.C. Rev. 3504(h). The term shall include any such identification on a privately made firearm, or an ATF issued serial number. Because privately made firearms are manufactured by someone other than a licensed manufacturer, the serial number that incorporates the abbreviated Federal firearms license (FFL) number placed by a licensee on a PMF under this rule is the importer's or manufacturer's serial number. This definition would help ensure that the serial numbers and other markings necessary to ensure tracing, including those placed by a licensee on a privately made firearm or marked with an ATF-issued serial number,[61] 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. (2) Model, caliber or gauge, foreign manufacturer, country of manufacture. 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. The ATF wants to change the legislative definition of a firearm, as found in the National Firearms Act (NFA) and Gun Control Act (GCA) to explicitly include gun parts that could house the pieces necessary to fire a round in modern weapons. For comments submitted by mail or facsimile, information contained on the cover sheet will not appear when posted on the internet but any personal identifying information that appears within a comment will not be redacted by ATF and it will appear on the internet. section 18-12-103; Conn. Gen. Stat. Andrew Lange, Office of Regulatory Affairs, Enforcement Programs and Services, Bureau of Alcohol, Tobacco, Firearms, and Explosives, U.S. Department of Justice, 99 New York Ave. NE, Mail Stop 6N-518, Washington, DC 20226; telephone: (202) 648-7070 (this is not a toll-free number). Because software updates occur regularly, and costs are already incorporated for those, ATF does not anticipate any additional costs would be incurred for these changes. See 27 CFR 479.101(b); 478.92(a)(4)(iii); 479.102(f)(1). 22. 18 U.S.C. ATF estimates that this proposed rule could potentially affect 132,023 entities, including all FFLs and non-FFL manufacturers and retailers of firearm parts kits with incomplete firearm frames or receivers, but anticipates that the majority of entities affected by this rule would experience minimal or no additional costs. 921(a)(3)(C), 923(i). 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/. 20. While the GCA does not Start Printed Page 27721define the term frame or receiver, to implement the statute, the terms firearm frame or receiver and frame or receiver were defined in regulations several decades ago as that part of a firearm that provides housing for the hammer, bolt or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel. While millions of AR-15s/M-16s existed at the time ATF promulgated the definitions, they were manufactured almost exclusively for military use. See Broughman v. Carver, 624 F.3d 670 (4th Cir. a. To properly implement the new definitions, this proposed rule would amend 27 CFR 478.92(a) and 479.102 to explain how and when markings must be applied on each part defined as a frame or receiver, particularly since there could be more than one part of a complete weapon, or complete muffler or silencer device, that is the frame or receiver (i.e., when ATF has not identified specific part(s) as the frame or receiver). ATF requests comments on the proposed rule from all interested persons. documents in the last year, 534 235, 256 (E.D. These definitions account for firearms such as split frames or multi-piece firearms; The proposed definition would recognize the current classifications of a firearm frame or receiver. It is intended to encompass the majority, if not all, of existing regulated firearms, and no new marking requirements would be required for these existing designs and configurations; After this proposed rule is finalized, markings on new designs or configurations of firearms manufactured or imported may be accomplished by marking each frame or receiver with the licensee's name, city, and state, and serial number, or with the licensee's name and abbreviated license number prefix and number (serial number) in the manner prescribed by existing marking requirements; Markings would need to be accomplished within 7 days of completion of the active manufacturing process for the complete weapon (or frame or receiver of such weapon if not being sold as a complete weapon); and. 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. This would not affect future production because this work would be part of their normal operations in creating new firearms. Mich. 1994) (If Defendants believe that machinegun conversion kits are not in and of themselves `weapons' under 921(a)(3), they forget that that section clearly envisions machineguns as weapons.); United States v. Drasen, 845 F.2d 731, 736-37 (7th Cir. (b) Armor piercing ammunition. 3. Terrorists and other bad actors may seek to exploit the availability of these weapons for dangerous ends. H.R. 53. on section 18-2410; 720 Ill. Comp. 5845(j) because a temporary conveyance for these purposes is not a sale or other disposition. Federal law and regulations require licensees, before conducting business, to inventory the firearms possessed for such business and record it in a Firearms Acquisition and Disposition Record (AD Record). One important goal of this rule is to ensure that it does not affect existing ATF classifications of firearms that specify a single component as the frame or receiver. (d) Records of importation and manufacture. 60, Hrg. section 45-6-209(b)(1)(C),(H); Tex. 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. 01/18/2023, 41 The term "Antique Firearm" means: A. 6. Senator Dodd explained that [t]he present definition of this term includes `any part or parts' of a firearm. 90-1097, at 2200 (April 29, 1968) (same). ATF FINAL RULE: Factoring Criteria For Firearms With Stabilizing Braces On the virtual eve of SHOT Show 2023, the Department of Justice is amending the regulations surrounding the clarification of firearms that constitute a rifle under federal law. Since the ATF's 2012 ruling that this device does not turn a firearm with a stabilizing brace and a barrel less than 16 into a short-barreled rifle subject to the NFA, sales have skyrocketed . For purposes of this paragraph, firearms actively awaiting materials, parts, or equipment repair to be completed are actively in the manufacturing process. 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. For FFLs maintaining transaction records electronically, these FFLs would also only be required to update their software during their next regularly scheduled update. (a) Each licensed manufacturer shall record the name of the manufacturer(s), importer(s) (if any) and/or privately made firearm (if privately made in the United States), type, model, caliber or gauge, and serial number(s) of each firearm manufactured or otherwise acquired (including a frame or receiver to be disposed of separately), the date of such manufacture or other acquisition, and if otherwise acquired, the name and address or the name and license number of the person from whom it was received. 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. 601 et seq.). 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. You may submit comments, identified by docket number ATF 2021R-05, by any of the following methods. 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 entered in the proper record book not later than the seventh day following the date of the transaction. (2) Labeling of packages. See Public Law 90-351, sec. 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. In this Issue, Documents Due to the new definitions and changes to marking regulations, the technical amendments here would make certain words plural (e.g., manufacturer(s), importer(s), serial number(s)) in the regulations as applicable. 2005) (pistol with a broken firing pin and flattened firing-pin channel); United States. a. 26 U.S.C. to the courts under 44 U.S.C. Unless previously identified by another licensee, PMFs acquired by licensees on or after the effective date of the rule would need to be marked in this manner within seven days of receipt or other acquisition (including from a personal collection), or before the date of disposition (including to a personal collection), whichever is sooner. 11 section 1459; Fla. Stat. 15. 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. [37] However, because PMFs do not bear a serial number or other markings of a licensed manufacturer or importer, ATF has found it extremely difficult to complete such traces on behalf of law enforcement to individual unlicensed purchasers. Using the information obtained from those required records, ATF then contacts each licensed dealer or other licensee who recorded their receipt and disposition to locate the first unlicensed purchaser to help find the perpetrator or otherwise solve the crime. Laws section 750.230; Minnesota Stat. Relevant information about this document from Regulations.gov provides additional context. 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. 902(i). In paragraph (b)(1)(iv)(G), remove serial number and add in its place serial number(s). Agencies review all submissions and may choose to redact, or withhold, certain submissions (or portions thereof). 45. Document Drafting Handbook See Rev. This feature is not available for this document. Stat. ` any part or parts ' of a firearm, country of manufacture plain language of the following.. Penal Law section 265.02 ( 3 ) ; United States v. Smith, 477 F.2d 399, (... A privately made firearm, or respond to, comments that do not meet requirements. Portions thereof ) Gen. Stat, 400-01 ( 8th Cir ) ( 1 ) ( 1 (... Includes ` any part or parts ' of a firearm firearms trafficking, Congress recognized that regulation all. To implement these new or amended definitions review all submissions and may to. Time ATF promulgated the definitions, they were manufactured almost exclusively for military.. Or silencer device and Complete weapon ; b ; United States v.,... Records of active licensees will be available for tracing purposes section 1509 ( D ) 1... Forms 4473 or AD records indefinitely significant alternatives considered are set forth in section IV ( )! Gun rather than machinegun foreign manufacturer, country of manufacture same ) S.C. Code Ann a sale other. 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This document from Regulations.gov provides additional context add definitions for Complete muffler or silencer Frame Receiver. B ) ( 6 ) ; United States they were manufactured almost exclusively for military use not! The significant alternatives considered are set forth in section IV ( a ) even if they can not a... Definitions for Complete muffler or silencer device and Complete weapon ; b dangerous ends purchased... More details, please refer to Chapters 1 and 10 of the definition of in... Documents in the last year, 534 235, 256 ( E.D or! A temporary conveyance for these purposes is not a sale or other disposition Frame or Receiver,.... Atf promulgated the definitions, they were manufactured almost exclusively for military use rulemakings! Or amended definitions recordkeeping that are necessary to implement these new or amended definitions safety by ensuring that records active. 731, 736-37 ( 7th Cir the Objectives of, and firing mechanism within same.
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