LehighValleyLive.com (March 28, 2018), https://www.lehighvalleylive.com/news/2018/05/how_the_felon_killed_at_walmar.html;; `Ghost guns': Loophole allows felons to legally buy gun parts online, KIRO7.com, https://www.kiro7.com/news/local/ghost-guns-federal-loophole-allows-felons-to-legally-buy-gun-parts-online-build-assault-weapons/703695149/. Having reached the stage of manufacture or development where they became recognizable as one of the sporting goods described in Section 3406(a)(1) the rods upon being sold were subject to tax even though there remained one or more finishing operations to be performed.) (citations omitted). Such alternate records shall not be employed by the licensed manufacturer until approval in such regard is received from the Director. That proposed definition focused on housing the trigger group; however, it did not define trigger group and even if it did, it would not address firearms that do not house trigger components within a single housing, or which have a remote trigger outside the weapon. Hand-delivered comments will not be accepted. 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. Statutory and Executive Order Review, 1. 2005) (pistol with a broken firing pin and flattened firing-pin channel); United States. 5822; 26 U.S.C. (ii) Firearm muffler or silencer replacement parts transferred to qualified manufacturers or dealers to repair existing devices. PMFs currently in inventory that a licensee chooses not to mark may also be destroyed or voluntarily turned in to law enforcement within the 60-day period. that agencies use to create their documents. However, the Homeland Security Act of 2002, Public Law 107-296, 116 Stat. A process that is fairly or reasonably efficient, quick, and easy, but not necessarily the most efficient, speedy, or easy process. This proposed rule would affect a one-time surge of 6,044 respondents. 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. The term shall include any such identification on a privately made firearm, or an ATF issued serial number. documents in the last year, 90 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. (4) Firearm muffler or silencer parts(i) Firearm muffler or silencer parts transferred between qualified manufacturers to complete new devices. 74. Any pistol with a length of pull that is consistent with that of what would be found in a rifle would be considered an SBR. 36. 599A(c)(1). documents in the last year, 274 at 479.11. 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. All comments must reference this document's docket number ATF 2021R-05, be legible, and include the commenter's complete first and last name and full mailing address. The NFA is a national registry [] 212, 225-26 (1968); 18 U.S.C. See Broughman v. Carver, 624 F.3d 670 (4th Cir. 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). The serial number(s) must begin with the licensee's abbreviated Federal firearms license number as a prefix, which is the first three and last five digits, followed by a hyphen, and then followed by a number as a suffix, e.g., 12345678-[number]. 923(i), and regulated as a firearm, see 18 U.S.C. Importer's or manufacturer's serial number. Burden of Response: This includes recurring time burden of 1.05 minutes. A person who, as a service performed on existing firearms not for sale or distribution by a licensee, devotes time, attention, and labor to repairing or customizing firearms, making or fitting special barrels, stocks, or trigger mechanisms to firearms, or identifying firearms in accordance with this chapter, as a regular course of trade or business with the principal objective of livelihood or profit, but such term shall not include a person who occasionally repairs or customizes firearms, or occasionally makes or fits special barrels, stocks, or trigger mechanisms to firearms; Firearm. 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. 922(a)(1)(A); id. 2135 (2002), transferred the functions of ATF from the Department of the Treasury to the Department of Justice, under the general authority of the Attorney General. A firearm muffler or firearm silencer that contains all component parts necessary to function as designed whether or not assembled or operable. Such privately made firearms have and will continue to make their way to the primary market in firearms throughout the licensed community. Alternate Means or Period of Identification, 7. 922(a)(6) and 924(a)(1)(A), or State law. This leaked draft document from the ATF is just about as clear as mud: Definition of "Frame or Receiver" and Identification of Firearms. Firearm Frame or Receiver 5. section 44-1625(C)(5); Colo. Rev. 3. See Rev. 21. Document page views are updated periodically throughout the day and are cumulative counts for this document. The proposed rule provides new regulatory definitions of firearm frame or receiver and frame or receiver because they are outdated. [21], The GCA insists that the dealer keep certain records, to enable federal authorities both to enforce the law's verification measures and to trace firearms used in crimes. Abramski v. United States, 573 U.S. 169, 173 (2014) (citing H. Rep. No. 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. Descriptions of any Significant Alternatives to the Proposed Rule Which Accomplish the Stated Objectives of Applicable Statutes and Which Minimize any Significant Economic Impact of the Proposed Rule on Small Entities, E. Small Business Regulatory Enforcement Fairness Act of 1996, PART 447IMPORTATION OF ARMS, AMMUNITION AND IMPLEMENTS OF WAR, PART 478COMMERCE IN FIREARMS AND AMMUNITION, PART 479MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER FIREARMS, Read the 290029 public comments on this document, https://www.federalregister.gov/d/2021-10058, MODS: Government Publishing Office metadata, https://www.nytimes.com/2018/03/03/us/politics/ar-15-americas-rifle.html, https://www.forbes.com/sites/frankminiter/2017/01/20/a-star-is-born-u-s-army-chooses-sig-sauer-p320-for-its-new-service-pistol/, http://www.sadefensejournal.com/wp/a-matter-of-purpose-striker-fire-vs-hammer-fire/, https://www.military.com/daily-news/2017/01/19/army-picks-sig-sauer-replace-m9-service-pistol.html;, https://taskandpurpose.com/military-tech/modular-handgun-system-fielding/, https://apnews.com/article/396bbedbf4963a28bda99e7793ee6366, http://www.baltimoresun.com/news/crime/bs-pr-md-ci-cr-ghost-gun-ban-20210218-ae2dortu6ngn5llmfmq6yxtx6m-story.html;, https://www.wrvo.org/post/syracuse-joins-lawsuit-against-feds-amid-rise-ghost-guns#stream/0;, https://www.cbsnews.com/news/ghost-guns-untraceable-weapons-criminal-cases-60-minutes-2020-05-10/, https://www.mcall.com/news/pennsylvania/mc-nws-pa-philadelphia-ghost-guns-20200318-jzyt4thyvvgntproexbleyleay-story.html;, https://www.thetrace.org/2019/05/ghost-gun-california-crime/, https://www.wsj.com/articles/the-rise-of-untraceable-ghost-guns-1515061800;, https://www.npr.org/local/305/2020/03/02/811194978/how-d-c-is-addressing-an-ongoing-spike-in-gun-violence;, https://www.clickorlando.com/getting-results/2016/11/15/untraceable-ghost-guns-sold-across-central-florida/, https://www.justice.gov/usao-mdfl/pr/kissimmee-man-sentenced-five-years-prison-manufacturing-over-200-ghost-guns-without;, https://www.justice.gov/usao-edca/pr/grass-valley-man-sentenced-5-years-prison-unlawfully-manufacturing-ghost-guns-and;, https://www.justice.gov/usao-ri/pr/rhode-island-man-charged-building-selling-ghost-machine-gun;, https://www.justice.gov/usao-sdtx/pr/conroe-man-ordered-prison-making-ghost-guns;, https://www.justice.gov/usao-cdca/pr/seven-felons-indicted-dozens-firearms-seized-part-investigation-targeting-criminal-gun;, https://www.justice.gov/usao-edva/pr/man-sentenced-15-years-trafficking-ghost-guns-and-drugs;, https://www.justice.gov/usao-mdfl/pr/tampa-man-sentenced-over-five-years-manufacturing-counterfeit-credit-cards-fake-ids-and;, https://www.justice.gov/usao-edva/pr/alleged-dealer-ghost-guns-and-machinegun-conversion-devices-arraigned;, https://www.justice.gov/usao-ma/pr/connecticut-man-charged-firearm-trafficking;, https://www.justice.gov/usao-cdca/pr/operation-black-phoenix-leads-federal-charges-against-25-who-allegedly-engaged-illegal;, https://www.justice.gov/usao-md/pr/dc-felon-pleads-guilty-federal-court-maryland-illegal-possession-ghost-gun-firearm-and;, https://www.justice.gov/usao-edva/pr/ghost-gun-and-machine-gun-conversion-device-dealer-pleads-guilty;, https://www.justice.gov/usao-wdwa/pr/felon-sentenced-more-five-years-prison-arsenal-ghost-guns-and-smuggled-silencers;, https://www.justice.gov/usao-ndny/pr/montgomery-county-man-admits-unlawfully-selling-ghost-guns;, https://www.justice.gov/usao-ndia/pr/drug-dealer-who-sold-ghost-guns-silencers-and-machinegun-sentenced-thirty-years-federal;, https://www.justice.gov/usao-md/pr/baltimore-man-sentenced-21-years-federal-prison-five-bank-robberies-five-armed-robberies;, https://www.justice.gov/usao-edpa/pr/philadelphia-man-sentenced-12-12-years-trafficking-methamphetamine-and-weapons;, https://www.justice.gov/usao-cdca/pr/vineland-boys-gang-member-pleads-guilty-racketeering-offenses-including-attempted;, https://www.justice.gov/usao-cdca/pr/burbank-man-arrested-federal-complaint-alleging-he-sold-ghost-guns-out-his-hookah;, https://www.justice.gov/usao-ndny/pr/saratoga-county-man-admits-unlawfully-selling-ghost-guns-and-methamphetamine;, https://www.justice.gov/usao-cdca/pr/orange-county-man-sentenced-10-years-federal-prison-brokering-illegal-sales-ghost-guns, http://www.tucsonsentinel.com/local/report/020816_3d_printed_gun/cbp-3-d-printed-full-auto-rifle-seized-lukeville-crossing/, https://armamentresearch.com/3d-printed-firearms-seized-in-sweden/, https://time.com/5356179/3d-printed-guns-tsa/, https://www.justice.gov/opa/pr/indiana-residents-indicted-terrorism-and-firearms-charges;, https://www.independent.co.uk/news/world/europe/3d-gun-print-germany-synagogue-shooting-stephan-balliet-neo-nazi-a9152746.html;, https://www.nextgov.com/emerging-tech/2020/03/tsa-confiscated-3d-printed-guns-raleigh-durham-international-airport/163533/, https://www.justice.gov/usao-sdca/pr/man-sentenced-attempting-board-international-flight-loaded-firearm;, https://www.anu.edu.au/news/all-news/glock-ghost-guns-up-for-grabs-on-the-dark-web;, https://www.bbc.com/news/world-europe-56798743, https://reason.com/2013/11/22/philadelphia-becomes-first-city-to-ban-3/, https://mocoshow.com/blog/county-council-unanimously-approves-ghost-gun-bill/?fbclid=IwAR1KCyFal3AId31WKCTLanR-uEUj_-dW_T32lND5gfKmle_-nvIbZyT052, https://www.youtube.com/watch?v=ThzFOIYZgIg, https://www.youtube.com/watch?v=nO-8Pns9aq4;, https://www.youtube.com/watch?v=a0JM5v45vsg;, https://www.youtube.com/watch?v=5SaNLrhnnuA, https://www.justice.gov/usao-ct/pr/bridgeport-felon-sentenced-more-5-years-federal-prison-possessing-firearms;, https://www.boston.com/news/crime/2020/08/05/winthrop-man-had-homemade-ghost-guns-prosecutors-say;, https://www.pennlive.com/crime/2020/07/ghost-gun-used-in-shooting-that-killed-two-outside-snyder-county-restaurant.html;, https://www.cnn.com/2019/11/21/us/saugus-shooting-ghost-gun/index.html;, https://www.lehighvalleylive.com/news/2018/05/how_the_felon_killed_at_walmar.html;, https://www.kiro7.com/news/local/ghost-guns-federal-loophole-allows-felons-to-legally-buy-gun-parts-online-build-assault-weapons/703695149/, https://www.atf.gov/firearms/how-properly-destroy-firearms;. Moreover, without any markings, they are nearly impossible to trace. Adding this language would codify ATF Ruling 2012-1, and this ruling would become obsolete upon publication of the rule. This PDF is 18, 2020), https://www.mcall.com/news/pennsylvania/mc-nws-pa-philadelphia-ghost-guns-20200318-jzyt4thyvvgntproexbleyleay-story.html;; Ghost Guns Are Everywhere in California, The Trace (May 17, 2019), https://www.thetrace.org/2019/05/ghost-gun-california-crime/;;; The Rise of Untraceable Ghost Guns, Wall Street Journal (Jan. 4, 2018), https://www.wsj.com/articles/the-rise-of-untraceable-ghost-guns-1515061800;; How D.C. Is Addressing An Ongoing Spike In Gun Violence, NPR Washington (Mar. documents in the last year, 37 The ATF Form 4473 is the primary evidence used to prosecute straw purchasers who buy firearms from a Federal firearms licensee on behalf of prohibited persons, such as felons, and other persons who could use them to commit a violent crime. [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] 73. (cough West Virginia v. EPA and New York State Rifle and Pistol Association v. Bruen . ATF will carefully consider all comments, as appropriate, received on or before the closing date, and will give comments after that date the same consideration if practical to do so, but assurance of consideration cannot be given except as to comments received on or before the closing date. Licensed manufacturers and importers must also maintain permanent records of production or importation, as well as their receipt, sale, or other disposition of firearms, including frames or receivers. Due to the possibility that a firearm may have more than one frame or receiver as defined in this rule, and the changes to marking regulations, this rule would make technical amendments to these recordkeeping regulations to make certain words plural, (e.g., manufacturer(s), importer(s), and serial number(s)) in the regulations and for the formatting of their records as applicable. Be signed and contain the commenter's complete first and last name and full mailing address; and. [43] (4) Exceptions(i) Alternate means or period of identification. (b) Armor piercing ammunition. Except for silencer parts produced by qualified manufacturers for transfer to other licensees to complete or repair silencer devices (see Section II.H.9 of the preamble), parts defined as a frame or receiver, machinegun, or firearm muffler or firearm silencer that are not component parts of a complete weapon or device when disposed of would be allowed to be marked up to seven days following the date of completion of the active manufacturing process for the part, or prior to disposition, whichever is sooner. (iv) In the case of an imported firearm, the name of the country in which it was manufactured. [46] 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 industry cost for this section would be minimal because FFLs could drop off their overflow records to ATF or have ATF ship them directly. A firearm is defined by 18 U.S.C. 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.). See United States v. Dodson, 519 F. App'x 344, 352-53 (6th Cir. The term "Antique Firearm" means: A. Persons should consult the laws and officials in their own States and localities to determine the lawfulness of PMFs. [45] 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. See NFA Handbook, ATF E-Publication 5320.8 (April 2009), pp. For purposes of this paragraph, firearms actively awaiting materials, parts, or equipment repair to be completed are actively in the manufacturing process. 2003-3 (HK G3 type receivers); ATF Rul. 4, 2020), https://www.nextgov.com/emerging-tech/2020/03/tsa-confiscated-3d-printed-guns-raleigh-durham-international-airport/163533/;;; Man Sentenced for Attempting to Board International Flight with a Loaded Firearm, DOJ Office of Public Affairs (Mar. ii. 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. 340, 343 (Ct. Cl. For the most part, individuals currently make PMFs from parts kits produced commercially, not by using 3D printers. 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. 26 U.S.C. The additions and revisions read as follows: Complete muffler or silencer device. 1977) (holding that a weapon was a shotgun within the meaning of 26 U.S.C. Title: Licensed Firearms Manufactures Records of Production, Disposition, and Supporting Data. See Public Law 90-351, sec. Gen. Laws ch. Under Section 603(b) of the RFA, the regulatory flexibility analysis must provide or address: One of the reasons ATF is considering this proposed regulation is the failure of the market to compensate for negative externalities caused by commercial activity. See 18 U.S.C. 28. Making this deletion would codify ATF Procedure 2020-1, which sets forth an alternative method of complying with 478.124(f) for non-over-the-counter firearm transactions. 10. 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. States can require markings on firearms for individuals. 19. Ann. For more details, please refer to Chapter 8 of the Regulatory Impact Analysis. The proposed new regulatory definition of frame or receiver would be a multi-part definition added to 27 Start Printed Page 27727CFR 478.11 and 479.11 (referencing section 478.11). It would further make clear that [f]rames or receivers of different weapons that are combined to create a similar weapon each retain their respective classifications as frames or receivers provided they retain their original design and configuration., This supplement to the general definition addresses one of the core problems of the current definition of firearm frame or receiver; namely, that a majority of firearms now use a split or modular design in which more than one part houses a different fire control component and/or incorporates a striker instead of a hammer. 27 CFR 478.11 (implementing GCA, Title I); 27 CFR 479.11[5] 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. 76. As paper forms run out, FFLs would be able to order forms as part of their normal operations. (2) Privately made firearms. v. York, 830 F.2d 885, 891 (8th Cir. You may submit comments, identified by docket number ATF 2021R-05, by any of the following methods. A licensed manufacturer qualified under part 479 may transfer a replacement part defined as a firearm muffler or firearm silencer other than a frame or receiver to a qualified manufacturer or dealer without identifying or registering such part provided that, upon receipt, it is actively used to repair a complete muffler or silencer device that was previously identified and registered in accordance with this part. See 81 FR 26764 (May 4, 2016). section 134-10.2 (prohibiting unlicensed persons from producing 3D printed or parts kit firearms without a serial number); Mass. 922(p), which prohibits the manufacture and possession of firearms that are not as detectable as the Security Exemplar that contains 3.7 ounces of material type 17-4 PH stainless steel.[67]. Under the provisions of this proposed rule, there would be a one-time increase in paperwork burdens of identification markings placed on firearms as well as additional transaction records. section 18-2410; 720 Ill. Comp. Penal Code section 23900; Colo. Rev. This proposed rule does not duplicate or conflict with other Federal rules. 116-88, at 2. 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. [78] rendition of the daily Federal Register on FederalRegister.gov does not 235, 256 (E.D. 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. 70. Both the cover sheet and comment must reference this docket number (2021R-05). Register (ACFR) issues a regulation granting it official legal status. The Polymer 80 assembly, for example, may be completed in under thirty minutes. In paragraph (a)(2)(ii), remove manufacturer of the defense article and add in its place manufacturer(s) of the defense article or privately made firearm (if privately made in the United States); b. See Public Law 90-351, sec. The supplement describes what it means to be a destroyed frame or receiver: One permanently altered not to provide housing or a structure that may hold or integrate any fire control or essential internal component, and that may not readily be assembled, completed, converted, or restored to a functional state. 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. 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." . These tools are designed to help you understand the official document 22. 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. 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. The label shall include the words ARMOR PIERCING in block letters at least 1/4 inch in height. 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. pistols, that do not utilize a hammera named componentin the firing sequence. ATF anticipates the majority of affected entities are small entities and would experience any range of costs; therefore this rule would have a significant impact on a substantial number of small entities. sections 28-1207, 28-1208; Nev. Rev. 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). [4] 1. 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. (3) Meaning of marking terms. The information required by this paragraph shall be recorded not later than 15 days following the date of importation or other acquisition in a format with the applicable columns set forth in paragraph (b) of this section. 3507(d)), a copy of this proposed rule will be submitted to OMB for its review of the collections of information. 1973) (machinegun that would take around an eight-hour working day in a properly equipped machine shop was readily restored to shoot); United States v. 16,179 Molso Italian .22 Caliber Winler Derringer Convertible Starter Guns, 443 F.2d 463 (2d Cir. (a) Any explosive, incendiary, or poison gas (1) bomb, (2) grenade, (3) rocket having a propellent charge of more than 4 ounces, (4) missile having an explosive or incendiary charge of more than one-quarter ounce, (5) mine, or (6) similar device; (b) any type of weapon by whatever name known which will, or which may be . 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. Thus, for ease of reference, this notice of proposed rulemaking refers to the Attorney General throughout. For purposes of this paragraph, firearms actively awaiting materials, parts, or equipment repair to be completed are actively in the manufacturing process. 1988) (rejecting argument that a collection of rifle parts cannot be a weapon). In semiautomatic pistols, the frame or housing is sometimes referred to as the receiver.). 25. 5845(b). 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). 2017) (complete UZI parts kits could `readily be converted to expel a projectile by the action of an explosive,' meeting the statute's definition of firearm under section 921(a)(3)(A) because the kits contained all of the necessary components to assemble a fully functioning firearm with relative ease); United States v. Stewart, 451 F.3d 1071, 1073 n.2 (9th Cir. This rule is consistent with ATF enforcement policy. See 18 U.S.C. 1953) (True enough, [these fishing rod kits] might be called `blanks' by those engaged in the trade, but what could they be called or to what practical use could they be put other than `fishing rods?' To provide greater access to professional marking, as stated previously, this rule would clarify that the meaning of the term gunsmith includes persons who engage in the business of identifying firearms for nonlicensees so that gunsmiths may become licensed as dealer-gunsmiths solely to provide professional PMF marking services. 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 proposes to replace the respective regulatory definitions of firearm frame or receiver and frame or receiver in 27 CFR 478.11 and 479.11 because they too narrowly limit the definition of receiver with respect to most current firearms and have led to erroneous district court decisions. 18 U.S.C. [55] 140 section 79; Mich. Comp. Destructive Device Period of Identification, 9. Thus, while the alternative requested by that petition would reduce the cost by reducing the number of entities affected, it does not fully address the objectives of this proposed rule. The Attorney General is responsible for enforcing the GCA, as amended, and the NFA, as amended. 923(g)(7); see also JG Sales Ltd. v. Truscott, 473 F.3d 1043, 1045-46 (9th Cir. Stat. section 538.04(1)(b)(3),(9); Ga. Code section 44-12-132(4); Haw. Readily. See United States v. Marzzarella, 614 F.3d 85, 100 (3rd Cir. For additional requirements relating to imported firearms, see Customs regulations at 19 CFR part 134. Penal Law sections 265.50, 265.55 (prohibiting manufacture/possession of undetectable firearms); R.I. Gen. Laws section 11-47-8(e) (prohibiting possession of a ghost gun or an undetectable firearm or any firearm produced by a 3D printing process); Va. Code. Licensed manufacturers and licensed importers may continue to identify firearms (other than PMFs) 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)(i) and (ii) 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. 38. But serial number tracing also provides agencies with vital criminology statisticsincluding a detailed picture of the geographical source areas for firearms trafficking and time-to-crime statistics which measure the time between a firearm's initial retail sale and its recovery in a crimeas well as allowing for the identification of individual dealers involved in the trafficking of firearms and the matching of ballistics data with recovered firearms.); Following the Gun, Enforcing Federal Laws Against Firearms Traffickers, ATF Publication, pp.1, 26 (June 2000) (serial number obliteration is a clear indicator of firearms trafficking to, among other criminals, armed narcotics traffickers). Burden of Response: This includes recurring time burden of 1 minute. About the Federal Register This provision is intended to reduce production costs incurred by licensees. Any Federal firearms licensee that sells such kits to unlicensed individuals would need to complete ATF Forms 4473, conduct NICS background checks, and abide by the recordkeeping requirements applicable to fully completed and assembled firearms. More specifically, ATF believes that the majority of the industry currently complies with these requirements, so the cost would be minimal. 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] On Friday, January 13, the Biden administration's DOJ and ATF enacted perhaps the most anti-gun rule in a generation. See, e.g., United States v. Wick, 697 F. App'x 507, 508 (9th Cir. 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. Application of the rule, as proposed, would not alter these prior Start Printed Page 27729ATF classifications. 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. documents in the last year, 28 1997) (no firing pin); United States v. Reed, 114 F.3d 1053 (10th Cir. 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 the licensee showing that such other identification or period is reasonable and will not hinder the effective administration of this part. See 18 U.S.C. section 367.040(6)(b); Neb. (h) Feasibility, i.e., whether the process would damage or destroy the subject of the process, or cause it to malfunction. ATF considered various alternatives when preparing this proposed rule. 01/18/2023, 41 Because such weapons have been completely destroyed or permanently redesigned not to expel a projectile by the action of an explosive, and cannot readily be converted to do so, ATF would not consider them as either designed to or readily assembled, completed, converted, or restored to expel a projectile by the action of an explosive. To make this clear, this proposed rule would add another sentence to the end of the definition of firearm in 27 CFR 478.11 to provide that [t]he 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. (see Section II.B.5 of the preamble). Remove manufacturer and add in its place manufacturer(s), remove the words importer (if any) and add in their place importer(s) (if any) of the firearm or privately made firearm (if privately made in the United States), remove the words serial number, wherever they appear, and add in their place serial number(s), and remove as provided in paragraph (g) and add in its place as provided in paragraphs (g) and (i); ii. [6] Code section 5-73-107; Cal. 18 U.S.C. * * * For purposes of this part, the term shall not include the temporary conveyance of a lawfully possessed firearm to a manufacturer or dealer qualified under this part for the sole purpose of repair, identification, evaluation, research, testing, or calibration, and return to the same lawful possessor. Tenn. Oct. 19, 2012) (serial number obliterated on the visible exterior of a revolver); State v. Shirley, No. Criminal investigations and studies highlight this concern. 7801(a)(2); 28 U.S.C. This includes marking these parts with serial numbers for tracing purposes, recording these parts as firearms in required records, and running a National Instant Criminal Background Check System (NICS) background check when individuals purchase or acquire them. See United States v. Smith, 642 F.2d 1179, 1182 (9th Cir. See, e.g., United States v. Evans, 928 F.2d 858 (9th Cir. 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 . 12. 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. [68] on If a manufacturer produces or an importer imports a firearm falling within one of these designs as they exist as of the date of publication of a final rule, it can refer to this list to know which part is the frame or receiver. 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. Likewise, it will be difficult for licensees and ATF to accurately determine which PMFs were stolen or lost from inventory, and for police to locate stolen PMFs in the business inventories of pawnbrokers,[32] 8. 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). The term potential crime scenes is used because ATF does not know if the firearm being traced by the law enforcement agency was found at a crime scene as opposed to one recovered by them that was stolen or otherwise not from at the scene of a crime. 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. First, the marks are used by Federal firearms licensees to effectively track their firearms inventories and maintain all required records. 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. 2 Industrial Dr Suite G Keyport, NJ 07735, Copyright 2021 Modern Materiel. As a threshold matter, the new definition makes clear that a frame or receiver must be visible to the exterior when the complete weapon is assembled so that licensees can quickly record the identifying markings, and law enforcement officers who recover the weapon can easily see the identifying markings for tracing purposes. Stat. The term frame or receiver shall 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. Some states allow for person to person transfers. This proposed definition explains that PMFs are those firearms that were made by nonlicensees without the markings required by this part, and excludes those already marked and registered in the NFRTR, and any firearm made before enactment of the GCA which, unlike the repealed law it replaced, required all firearms to be marked under federal law. 20. Under the . Further, marks help prove in certain criminal prosecutions that firearms used in a crime have travelled in interstate or foreign commerce.). This repetition of headings to form internal navigation links The President of the United States issues other types of documents, including but not limited to; memoranda, notices, determinations, letters, messages, and orders. Page ID 482 (90 some percent of [semiautomatic pistols] do not have a part which has more than one of these four elements in it and, therefore, don't qualify, according to the definition in the CFR.). In 478.50(a), add the phrase or as otherwise provided in 478.129 after at the licensed premises served by such warehouse. Licensees shall identify in the manner prescribed by this section, or cause another licensee to so identify, each privately made firearm received or otherwise acquired (including from a personal collection) by the licensee before [EFFECTIVE DATE OF THE FINAL RULE] within sixty (60) days from that date, or prior to the date of final disposition (including to a personal collection), whichever is sooner. Rul. PMFs must be identified by placing on each part (or specific part(s) previously determined by the Director) of a weapon defined as a frame or receiver, the same serial number, but must not duplicate any serial number(s) placed by the licensee on any other firearm. a. 2003-1 (destruction of Browning M1919 type receivers); ATF Rul.2003-2 (FN FAL type receivers); ATF Rul. With the rise in popularity of striker-fired Glock semiautomatic pistols in the mid-1980s, other manufacturers began incorporating a striker-fired mechanism, rather than a hammer, in semiautomatic handguns. This proposed rule would affect a one-time number of responses of 12,088 responses (6,044 respondents * 2 responses). 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. 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. documents in the last year, by the Indian Affairs Bureau 52. [66] Title: Identification Markings Placed on Firearms. The title and description of the information collection, a description of those who must collect the information, and an estimate of the total annual burden follow. 30. By engraving, casting, stamping (impressing), or otherwise conspicuously placing or causing to be engraved, cast, stamped (impressed) or placed on each part (or specific part(s) previously determined by the Director) defined as a frame or receiver, or barrel or pistol slide (if applicable) thereof certain additional information. 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. The depth of all markings required by this section is measured from the flat surface of the metal and not the peaks or ridges. section 21-6306; Ky. Rev. 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. A licensed manufacturer who proposes to use alternate records shall submit a letter application to the Director and shall describe the proposed alternate record and the need therefor. [70] Thus, this definition includes only the major parts of the firearm, that is, the frame or receiver.); S. Rep. No. publication in the future. Since it began issuing firearm classifications under the GCA and NFA in private letter rulings and for criminal investigations, ATF has considered a variety of factors when examining firearms, including: (a) Which component the manufacturer intended to be the frame or receiver; (b) which component the firearms industry commonly considers to be the frame or receiver with respect to the same or similar firearms; (c) how the component fits within the overall design of the firearm when assembled; (d) the design and function of the fire control components to be housed, such as the hammer, bolt or breechblock, and firing mechanism; (e) whether the component could 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, in accordance with regulations; (f) whether classifying the particular component is consistent with the legislative intent of the GCA and implementing regulations; and (g) whether classifying the component as the frame or receiver is consistent with ATF's prior classifications. Army Picks Sig Sauer's P320 Handgun to Replace M9 Service Pistol, 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. 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.

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