Like changes to the recordkeeping regulations, these amendments would make certain words plural, (e.g., manufacturer(s), importer(s), and serial number(s)) to ensure that the Federal firearms licensee is recording more than one manufacturer, importer, and serial number, if appropriate, on Forms 4473. Indeed, most firearms currently in circulation in the United States do not have a specific part that expressly falls within the current frame or receiver regulatory definitions. Stat. 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; but the term shall not include an antique firearm. This prototype edition of the The plain language of the definition of firearm in 18 U.S.C. What is the ATF definition of a firearm? Among other changes (see Section II.H.9 of the preamble, below), this rule defines the term frame or receiver as it applies to a firearm muffler or silencer frame or receiver and adds the term complete muffler or silencer device (see Section II.D of the preamble). 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). Burden of Response: This includes recurring time burden of 1 minute. (d) Gunsmith. See also H.R. at 5845(a)(7). [31] Federal Register. ATF final rule 2021R-05F was initially posted on April 26, 2022, and there . 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). 19. United States v. Sands, 948 F.3d 709, 719 (6th Cir. Some technical amendments would be needed at 27 CFR 478.124 pertaining to information recorded on the ATF Form 4473. [49], ATF anticipates that, under this supplemental definition, the outer tube of a complete muffler or silencer device would be considered the frame or receiver with respect to most commercial silencer designs currently on the market. 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. The term "Antique Firearm" means: A. on FederalRegister.gov [23], ATF traces firearms found by law enforcement at a crime scene by first contacting the licensed manufacturer or importer marked on the frame or receiver who maintains permanent records of their manufacture or importation and disposition. The NFA requires firearm manufacturers, importers, and makers to identify each firearm, including a firearm muffler or silencer, with a serial number and such other identification as may be prescribed by regulations. Under the GCA and implementing regulations, the term firearm includes: (A) 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. 18 U.S.C. (vi) Privately made firearms acquired before [EFFECTIVE DATE OF THE FINAL RULE]. section 2C:39-3(n) (prohibiting possession of firearms manufactured or assembled without serial number); N.Y. See Ala. Code section 5-19A-3(1); Alaska Stat. The proposed definitions would take into account the fact that modern firearms do not house all the components as defined in the current definition. Except as provided in paragraph (a)(4)(v) of this section, the additional information shall include: (A) The model, if such designation has been made; (C) When applicable, the name of the foreign manufacturer; and. tit. 2020) (This `naked eye test' best comports with the ordinary meaning of `altered'; it is readily applied in the field and in the courtroom; it facilitates identification of a particular weapon; it makes more efficient the larger project of removing stolen guns from circulation; it operates against mutilation that impedes identification as well as mutilation that frustrates it; and it discourages the use of untraceable weapons without penalizing accidental damage or half-hearted efforts.). Alternate Means or Period of Identification, 7. 32. documents in the last year, 973 Form Used: The ATF 5300.9 - 4473 Firearms Transaction Record is required if you are purchasing your Title I firearm from a FFL Dealer. 1997) (no firing pin); United States v. Reed, 114 F.3d 1053 (10th Cir. on 27. Additionally, persons who engage in the business of selling or distributing such weapon parts kits cannot avoid licensing, marking, recordkeeping, or excise taxation by selling or shipping the parts in more than one box or shipment to the same person, or by conspiring with another person to do so. 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. 5 U.S.C. 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; B. See, e.g., United States v. Wick, 697 F. App'x 507, 508 (9th Cir. 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. of licensee; or Form 4473 Serial No. Because under the NFA each individual part of a firearm muffler or silencer is a firearm[47] [22] 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). b. 22. 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). [13] Start Printed Page 2773928 U.S.C. [76] In determining whether a partially complete, disassembled, or inoperable frame or receiver may readily be assembled, completed, converted, or restored to a functional state, the Director may consider any available instructions, guides, templates, jigs, equipment, tools, or marketing materials. 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] a. Upon completion of the examination, the Director may return the sample to the person who made the request unless a determination is made that return of the sample would be or place the person in violation of law. The ATF is weighing changes to the definition of "firearm" in order to target guns built from kits and/or parts printed on 3D printers. B. Rep. 90-1577, at 4416 (June 21, 1968) (This provision makes it clear that so-called unserviceable firearms come within the definition.); S. Rep. No. section 45-6-326; Neb. Thus, this definition includes only the major parts of the firearm, that is, the frame or receiver.); S. Rep. No. Firearm Frame or Receiver Submit comments in any of three ways (but do not submit the same comment multiple times or by more than one method). Register, and does not replace the official print version or the official 2013) (damaged pistol with corroded, missing and broken components); United States v. Rivera, 415 F.3d 284, 285-87 (2nd Cir. Gen. Laws 269 section 11E (prohibiting manufacture or delivery of unserialized firearms to licensed dealer); N.J. Stat. This would eliminate a significant source of confusion among regulated industry members and the public as to who needs a license to manufacture firearms. The ATF is asserting that tools and information on how to make frames or receivers are, essentially frames and receivers. 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). First, there would be a general definition of frame or receiver with non-exclusive examples that illustrate the definition. section 510/5(a); Ind. The amended definition of "rifle" shall include a weapon that is equipped with an accessory, component, or other rearward attachment (e.g., "stabilizing brace) that provides surface area that allows the weapon to be fired from the shoulder or indicates that the weapon is designed, made, and intended to be fired from the shoulder. 44. ATF's predecessor agency, the Alcohol, Tobacco and Firearms Division within the Internal Revenue Service, derived this limitation on the application of definitions from the Internal Revenue Code (IRC), 26 U.S.C. 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. The DOJ and the Bureau of Alcohol, Tobacco, Firearms, and Explosives announced the new rule submission Friday, and it will go into effect after it's published in the Federal Register.. 5527 (March 22, 1965).[2]. [45] (a) Each licensed importer shall record the name of the importer(s), manufacturer(s) and/or privately made firearm (if privately made in the United States), type, model, caliber or gauge, country or countries of manufacture (if imported), and serial number(s) of each firearm imported or otherwise acquired (including a frame or receiver to be disposed of separately), the date of such importation 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. that has reached a stage in manufacture where it can readily be made into a functional frame or receiver, that article would be a frame or receiver under the GCA. 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. Because frames or receivers are included in the definition of firearm, any person who engages in the business of manufacturing, importing, or dealing in frames or receivers must obtain a license from ATF. As defined in 5 CFR 1320.3(c), collection of information comprises reporting, recordkeeping, monitoring, posting, labeling, and other similar actions. . A Proposed Rule by the Alcohol, Tobacco, Firearms, and Explosives Bureau on 05/21/2021. 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. 921(a)(24); 26 U.S.C. 5841(a)(1); id. 17. section 134-10.2 (prohibiting unlicensed persons from producing 3D printed or parts kit firearms without a serial number); Mass. ATF may not consider, or respond to, comments that do not meet these requirements or comments containing profanity. The NFA is a national registry [] See, e.g., United States v. Powell, 467 F. Supp. 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. Should the current definition remain in place and courts continue to interpret it such that no part or parts of most firearms are defined as the frame or receiver, these unserialized parts, easily purchased and assembled to create functioning firearms, would be untraceable, thereby putting the public at risk. 18 U.S.C. [15] 4. better and aid in comparing the online edition to the print edition. 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. Rev. (6) Meaning of marking terms. 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. The term frame or receiver shall have the same meaning as in 27 CFR 478.11. [79] section 166.450; 18 Pa. Cons. For more details, please refer to Chapters 1 and 10 of the Regulatory Impact Analysis. Frame or receiver. 5812; 26 U.S.C. The proposed procedure would assist ATF more efficiently to determine the design and intent of the manufacturer of the item through its written statements, and by examining the objective design features of an actual sample along with any instructions, guides, templates, jigs, equipment, tools, or marketing materials that are made available to the purchaser or recipient of the item (though ATF is not limited to examining the items submitted to make its determination). In the past few years, however, some courts have treated the regulatory definition as exhaustive when applied to the lower portion of the AR-15-type rifle, which is the semiautomatic version of the M-16-type machinegun originally designed for the U.S. military. 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. 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. 6. 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). 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. section 943.37(3). Code section 2923.201; Okla. Stat. However, no ATF Form 4473 or NICS background check would be required upon return of the marked firearm to the person from whom it was received, pursuant to 27 CFR 478.124(a). Not only is it difficult for manufacturers to apply identifying markings, there is also the administrative difficulty in timely filing and processing numerous ATF Forms 2, Notice of Firearms Manufactured or Imported upon manufacture of each part, and ATF Forms 3, Application for Tax-Exempt Transfer of Firearm and Registration to Special Occupational Taxpayer upon sale or other disposition of each part to another qualified licensee. 31. 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. 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. 60, Hrg. However, the cost would increase considerably and the GCA only regulates the manufacture of firearms by Federal firearm licensees, not the making of firearms for personal use by private unlicensed individuals. 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. 3d 1038, 1041 (N.D. Cal. See Bridgeport Felon Sentenced to More Than 5 Years in Federal Prison for Possessing Firearms, Justice.gov (Jan. 7, 2021), https://www.justice.gov/usao-ct/pr/bridgeport-felon-sentenced-more-5-years-federal-prison-possessing-firearms;; Winthrop man had homemade `ghost' guns and 3,000 rounds of ammunition, prosecutors say, 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). Existing law recognizes that the definition of frame or receiver need not be limited to a strict application of the regulation. In paragraph (b)(1)(iv)(G), remove the words serial number and add in Start Printed Page 27749their place the words serial number(s); c. In paragraph (c)(2)(ii), remove the word manufacturer and add in its place the word manufacturer(s); d. In paragraph (c)(2)(iii), remove country of manufacturer and add in its place country or countries of manufacturer(s) of the firearm or privately made firearm (if privately made in the United States); and. (3) Adoption of identifying markings. In paragraph (a)(1)(ii), remove the word country and add in its place the term country or countries; b. An Identification, to the Extent Practicable, of All Relevant Federal Rules Which May Duplicate, Overlap or Conflict With the Proposed Rule, 5. 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. 52. When the size and depth of markings regulations were first promulgated, ATF recognized that all markings can be removed by someone who wishes to make a deliberate effort to remove the markings. It has been impractical to treat each small part of a firearm as if it were a weapon. daily Federal Register on FederalRegister.gov will remain an unofficial 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 annualized cost of this proposed rule would be $147,048 and $135,750, also at 7 percent and 3 percent, respectively. This rule does not require individuals to mark their personal firearms. These figures were extracted on May 5, 2021, and include traces for both U.S. and international law enforcement agencies. Counts are subject to sampling, reprocessing and revision (up or down) throughout the day. The Federal Firearms Act of 1938 (repealed), the predecessor to the GCA, made it unlawful for a person to receive a firearm that had the manufacturer's serial number removed, obliterated or altered. 2. 62-169 (IRS RRU), 1962-2 C.B. 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. For the purposes of the National Firearms Act, the term "Any Other Weapon" means: Any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive; A pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell; Application of the rule, as proposed, would not alter these prior Start Printed Page 27729ATF classifications. (b) Exceptions(1) Alternate means or period of identification. 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). 923(g)(1)(A); 27 CFR 478.125(e), (f). 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. The revised definition substitutes the words `frame or receiver' for the words `any part or parts.' Otherwise, we will not have tracing capability. Ann. 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. tit. In the case of a destructive device, the Director may authorize other means of identification or period of time to identify that weapon upon receipt of a letter application or Form 3311.4 from you. Any interested person who desires an opportunity to comment orally at a public hearing should submit his or her request, in writing, to the Director of ATF within the 90-day comment period. While every effort has been made to ensure that Upon completion of the examination, the Director may return the sample to the person who made the request unless a determination is made that return of the sample would be or place the person in violation of law. 212, 225-26 (1968); 18 U.S.C. section 790.27; Ga. Code. 601 et seq.). (c) Partially complete, disassembled, or inoperable frame or receiver. 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. In the case of a licensed collector, the term shall mean only curios and relics. , Mocoshow.com (April 6, 2021), https://mocoshow.com/blog/county-council-unanimously-approves-ghost-gun-bill/?fbclid=IwAR1KCyFal3AId31WKCTLanR-uEUj_-dW_T32lND5gfKmle_-nvIbZyT052. Submitted comments may not be available to be read until the agency has approved them. See 111 Cong. The authority citation for 27 CFR part 447 continues to read as follows: Authority: Stat. 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. 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. For more specific details regarding the need for regulation, please refer to the specific chapters pertaining to each provision of this proposed rule. ATF requests comments on the proposed rule from all interested persons. Furthermore, finding information in support of criminal cases may be hindered because records are destroyed after 20 years despite the fact that firearms may last longer than 20 years and be used in criminal activities. (d) Records of importation and manufacture. Voluntary Classification of Firearms and Armor Piercing Ammunition, 3. The burden resulting from this proposed Start Printed Page 27740rule is 0.25 hours per set of submittals by licensed dealers and licensed pawnbrokers to licensed manufacturers. See Public Law 90-351, sec. 1987) (revolver with no firing pin and cylinder did not line up with barrel). Notice of proposed rulemaking; request for comment. Add definitions for Complete muffler or silencer device and Complete weapon; b. Codified Laws 22-14-5; Tenn. Code Ann. 18 U.S.C. ATF's position has long been that the weapon should be examined with a view toward determining if [either] the upper or lower half of the receiver more nearly fits the legal definition of `receiver,' and more specifically, for machineguns, whether the upper or lower portion has the ability to accept machinegun parts. This could potentially pose an enforcement issue that may not be resolved for years if not decades. That information helps to fight serious crime. Id. 6. It was viewed 1141 times while on Public Inspection. However, for frames or receivers, and individual machinegun conversion or silencer parts defined as firearms that are disposed of separately, the model designation and caliber or gauge may be omitted if it is unknown at the time the part is identified.Start Printed Page 27732. 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). if Forms 4473 filed numerically would be retitled Address of nonlicensee; License No. 24. documents in the last year, 12 17. Pursuant to 18 U.S.C. The records prepared by licensed dealers and licensed collectors of the sale or other disposition of firearms and the corresponding record of receipt of such firearms shall be retained until business or licensed activity is discontinued, either on paper, or in an electronic alternative method approved by the Director, at the business or collection premises readily accessible for inspection under this part. See footnote 72 infra. section 637:7-a; N.J. Stat. 01/18/2023, 284 at 5845(a), (b). 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. developer tools pages. No. 74. documents in the last year, 274 See When a firearm is disposed to an unlicensed person, licensees are required to complete a Firearms Transaction Record, ATF Form 4473 (Form 4473). 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). 60. Further, the Department proposes amendments to ATF's regulations on marking and recordkeeping that are necessary to implement these new or amended definitions. 921(a)(10); 26 U.S.C. 902(i). section 44-1625(C)(5); Colo. Rev. Licensed and qualified firearm muffler or silencer manufacturers routinely transfer small internal muffler or silencer components to each other to produce complete devices, and between qualified licensees when repairing existing devices. For more details, please refer to Chapter 2 of the Regulatory Impact Analysis.[77]. 2019); Commonwealth v. Baxter, 956 A.2d 465 (Pa. Super 2008). 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. (implementing GCA, Title II). Register documents. 1577, 90th Cong., 2d Sess., 14 (1968)). 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. The Office of Management and Budget (OMB) has determined that while this proposed rule is not economically significant, it is a significant regulatory action under section 3(f)(4) of Executive Order 12866 because this proposed rule raises novel legal or policy issues arising out of legal mandates. documents in the last year, 37 include documents scheduled for later issues, at the request 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. Each licensed manufacturer or licensed importer of armor piercing ammunition shall clearly and conspicuously label each package in which armor piercing ammunition is contained, e.g., each box, carton, case, or other container. Code section 62.1-03-05; Ohio Rev. section 202.277; N.H. Rev. Federal Register provide legal notice to the public and judicial notice 1997) (shotgun with broken breech bolt); United States v. Hunter, 101 F.3d 82 (9th Cir. The OFR/GPO partnership is committed to presenting accurate and reliable This leaked draft document from the ATF is just about as clear as mud: Definition of "Frame or Receiver" and Identification of Firearms. There is only a minimal inconvenience for the dealer, yet obtaining and recording this information is critical to avoid serious damage to the Firearm Tracing Program.). #modernmateriel #patriotbrown #slateg. 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. Code section 5-73-107; Cal. Stat. 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/. See, e.g., United States v. Evans, 928 F.2d 858 (9th Cir. The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. [71] However, 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. The size of serial numbers required by this section is measured as the distance between the latitudinal ends of the character impression bottoms (bases). 921(a)(11)(B); id. (a) Identification required. For more details, please refer to Chapter 8 of the Regulatory Impact Analysis. Further, this NPRM proposes new terms and definitions to take into account technological developments and modern terminology in the firearms industry, as well as amendments to the marking and recordkeeping requirements that would be necessary to implement these definitions. [17] 1991) (conspiracy to cause and aid and abet the possession of unregistered machineguns where one defendant sold parts kits containing all component parts of Sten machineguns except receiver tubes, and the other sold customers blank receiver tubes along with detailed instructions on how to complete them); Internal Revenue Service Technical Advice Memorandum 8709002, 1986 WL 372494, at 4 (Nov. 13, 1986) (for purposes of imposing Firearms Excise Tax it is irrelevant whether the components of a revolver in an unassembled knockdown condition are sold separately to the same purchaser in various related transactions, rather than sold as a complete kit in a single transaction). 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] Alternative 3Grandfather all existing firearms and receivers. Licensed importers must identify imported firearms within the period prescribed in 478.112. (b) A record of each firearm disposed of by a manufacturer 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 manufacturer on the licensed premises. ATF estimates that this rule could potentially affect 132,023 entities, including all FFLs and non-FFL manufactures and retailers of firearm kits, but anticipates that the majority of entities affected by this rule would experience minimal or no additional costs. Accordingly, prohibited persons have easily obtained them. ATF regulates firearms as defined by the Gun Control Act of 1968 and National Firearms Act, and therefore, in general, ATF does not regulate accessories such as "stabilizing braces." . 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. 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). 01/18/2023, 249 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. Stat. Requiring Federal firearms licensees to mark in this manner on each part defined as a frame or receiver would make it possible for ATF to trace the firearm if the manufacturer's or importer's name, city, or state is marked on the slide or barrel, and the original components are later separated. Document Drafting Handbook These proposed rules are intended to reduce the practical and administrative problems of marking and registering silencer parts by the regulated industry, and avoid a potential resource burden on ATF to process numerous tax-exempt registration applications with little public safety benefit.[72]. 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. That are necessary to implement these new or amended definitions the Department proposes amendments to 's! 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