18 U.S.C. Senator Dodd explained that [t]he present definition of this term includes `any part or parts' of a firearm. 17. on By "clarifying" that a certain firearm accessory, the pistol brace, is illegal without special registration and regulation, they have pulled the rug from under millions of Americans who own them. 2. Commenters should be aware that the electronic Federal Docket Management System will not accept comments after Midnight Eastern Time on the last day of the comment period. 15 U.S.C. The definition of transfer in the NFA only includes selling, assigning, pledging, leasing, loaning, giving away, or otherwise disposing of a firearm. 3. For purposes of this paragraph, firearms actively awaiting materials, parts, or equipment repair to be completed are actively in the manufacturing process. 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. e. In paragraph (c)(2)(vii), remove the words serial number and add in their place serial number(s). 2d 1079 (D. Or. 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. It then sets forth the factors ATF considers in making this determination: (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 or integrated; (e) 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; (f) whether classifying the particular component is consistent with the legislative intent of the Act and this part; and (g) whether classifying the component as the frame or receiver is consistent with the Director's prior classifications. No single factor is controlling. A licensed manufacturer qualified under part 479 may transfer a part defined as a firearm muffler or firearm silencer to another qualified manufacturer without immediately identifying or registering such part provided that, upon receipt, it is actively used to manufacture a complete muffler or silencer device. The Director, however, reserves the right to determine, in light of all circumstances, whether a public hearing is necessary. (iv) capacity to accept an ammunition magazine that attaches to the pistol outside of the pistol grip; (v) a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer; (vi) a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm The authority citation for 27 CFR part 447 continues to read as follows: Authority: 140 section 79; Mich. Comp. 24, 35 (2009) (even though a Limited Liability Company was not among any of the named entities defined in section 7701, it would be manifestly incompatible with the Federal estate and gift tax statutes to exclude them); Bunnel v. Commissioner, 50 T.C. 1980) (weapons could not be readily restored to fire when restoration required master gunsmith in a gun shop and $65,000 worth of equipment and tools). 49. This responsibility includes the authority to promulgate regulations necessary to enforce the provisions of the GCA and NFA. 922(a)(1)(A); id. documents in the last year, 90 The application shall show that engraving, casting, or stamping (impressing) such a weapon as required by this section would be dangerous or impracticable, or that the requested period is reasonable and will not hinder the effective administration of this part. Notice of proposed rulemaking; request for comment. on 25. See United States v. Smith, 642 F.2d 1179, 1182 (9th Cir. Stat. 37. 3:12-0522, 2012 WL 5198090, at *4 (M.D. Army Picks Sig Sauer's P320 Handgun to Replace M9 Service Pistol, 1993) (revolver with hammer filed down); United States. 46. 35. 29. See Once Banned, Now Loved and Loathed: How the AR-15 Became `America's Rifle', New York Times (Mar. In paragraph (c)(4), remove manufacturer and add in its place manufacturer(s), remove the words importer (if any) and add in their place importer(s) (if any) of the firearm or privately made firearm (if privately made in the United States), and remove the words serial number and add in their place serial number(s); and. on Specifically, under the Gun Control Act of 1968 ("GCA") and the National Firearms Act of 1934 ("NFA") the definition of "rifle" shall include a weapon that is equipped with an accessory, component, or other rearward attachment (e.g., a "stabilizing brace") that provides surface area that allows the weapon to be fired from the . tit. 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. 2010) (concluding that even if strict scrutiny were to apply, 18 U.S.C. Basically, according to the definition set forth by the ATF it is not a pistol, not a rifle and not under the jurisdiction of the NFA therefore it classifies as an "other firearm." 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. In other words, this alternative would fall short of addressing all technologies or designs of firearms that are currently available, or may become available in the future. documents in the last year, 830 A licensed manufacturer qualified under this part may transfer a part defined as a muffler or silencer to another qualified manufacturer without immediately identifying or registering such part provided that, upon receipt, it is actively used to manufacture a new complete muffler or silencer device. First, there would be a general definition of frame or receiver with non-exclusive examples that illustrate the definition. [20] (6) Meaning of marking terms. The serial number(s) must be placed in a manner otherwise in accordance with this section, including the requirements that the serial number(s) be at the minimum size and depth, and not susceptible of being readily obliterated, altered, or removed. better and aid in comparing the online edition to the print edition. Minor technical amendments would also be needed in 27 CFR 447.42, 447.45, 478.112, 478.113, 478.114, and 479.112, pertaining to the importation of firearms. Therefore, in accordance with section 6 of Executive Order 13132 (Federalism), the Attorney General has determined that this proposed rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. This would resolve a significant problem that ATF Industry Operations Investigators have when trying to reconcile the inventory of a Federal firearms licensee, and that Federal firearms licensees have when timely responding to trace requests, particularly when old AD Records are closed out and stored, which, under this proposed rule, could be in a separate warehouse depending on their age (see Section II.J of the preamble). 53. section 21-6306; Ky. Rev. 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. Frequency of Response: There will be a recurring response for all currently existing 13,595 licensed manufactures and licensed importers. Transfer. Estimate of Total Annual Burden: The current burden listed in this collection of information is 201,205 hours. During debate on the GCA and related bills introduced to address firearms trafficking, Congress recognized that regulation of all firearm parts was impractical. Except as provided in paragraph (b)(4) of this section, each part defined as a frame or receiver, machine gun, or firearm muffler or firearm silencer, that is not a component part of a complete weapon or device at the time it is sold, shipped, or otherwise disposed of by you must be identified as required by this section with a serial number not duplicated on any other firearm and all additional identifying information, except that the model designation and caliber or gauge may be omitted if that information is unknown at the time the part is identified. 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. on This proposed rule would not alter the Director's ability to authorize other means of identification, or a marking variance, for any part defined as a firearm (including a machinegun or silencer) upon receipt of a letter application or an Application for Alternate Means of Identification of Firearms (Marking Variance), ATF Form 3311.4, showing that such other identification is reasonable and does not hinder the effective administration of the regulations. However, to reduce costs incurred by licensees, ATF anticipates that it would exercise its discretion not to enforce these format changes to the AD Record until an existing paper record book is completed (i.e., closed out) or electronic record version updated in the normal course of business, provided the information is accurately recorded as required in the existing record. Non-FFL manufacturers are anticipated to be small and would potentially have a significant impact on their individual revenue. All Rights Reserved. Stat. 19. 922(k) and 26 U.S.C. Both the cover sheet and comment must reference this docket number (2021R-05). 15. See Public Law 90-351, sec. Provides clarity to courts on what constitutes a firearm frame or receiver. 212, 225-26 (1968); 18 U.S.C. section 56-12-9(A)(3); N.C. Gen. Stat. This would not affect future production because this work would be part of their normal operations in creating new firearms. An accurate firearm description is necessary to trace a firearm and is required to be recorded by a person licensed to engage in the business of manufacturing, importing, or dealing in firearms, or by a licensed collector of curio or relic firearms, regardless of whether it is a business or personal firearm. 923(g)(1)(D); 27 CFR 478.125(f) (disposition records of a Federal firearms licensee's personal collection firearms must contain a complete description of the firearm); House Consideration and Passage of S.2414, 99th Cong., 2d Sess., 132 Cong. 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. 56. Licensees would have 60 days to mark PMFs already in inventory after a final rule becomes effective. offers a preview of documents scheduled to appear in the next day's Although the new definition would more broadly define the term frame or receiver than the current definition, it is not intended to alter any prior determinations by ATF of what it considers the frame or receiver of a particular split/modular weapon. documents in the last year, 876 The agency announced plans to publish the final version of their rule reclassifying pistol braces, a popular firearm accessory, on Friday. 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. 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. Revise the definition of Frame or receiver; d. Add a sentence at the end of the definition of Transfer. 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. 926(a); 26 U.S.C. (v) Period of time to identify firearms. 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]. Description and Number of Respondents: Currently there are 12,252 licensed manufacturers of firearms and 1,343 licensed importers. documents in the last year, 946 a. Federal Register provide legal notice to the public and judicial notice Currently, licensees other than manufacturers and importers do not have to store their ATF Forms 4473 or AD records beyond 20 years. 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; 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. 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. 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. A Succinct Statement of the Objectives of, and Legal Basis for, the Proposed Rule, 3. [31] This may result in no part of a firearm being regulated as a frame or receiver contrary to the requirements in the GCA that ensure tracing to solve crime and help prevent prohibited persons from coming into possession of weapons. 48. 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. the document also amended 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," "multi-piece frame or receiver," "privately made firearm," and "readily" for purposes of clarity given advancements in firearms 450, 453 (D. Conn. 1973) (a sawed-off shotgun was readily restorable to fire where it could be reassembled in one hour and the necessary missing parts could be obtained at a Smith Wesson plant); compare with United States v. Seven Miscellaneous Firearms, 503 F. Supp. See HandleBandle, DIY: How to Build a Gun at Home (That Shoots) Part 1, YouTube (Oct. 7, 2018), https://www.youtube.com/watch?v=nO-8Pns9aq4;; HandleBandle, Polymer 80 with No Experience Tips (Build Part 2), YouTube (Oct. 7, 2018), https://www.youtube.com/watch?v=a0JM5v45vsg; HandleBandle, Legally Building a Gun in My Living Room (5D Tactical Glock Kit), YouTube (Oct. 18, 2018), https://www.youtube.com/watch?v=5SaNLrhnnuA. The term frame or receiver shall not include a frame or receiver that is destroyed. Rep. 90-1577, at 4416 (June 21, 1968) (Under former definitions of `firearm,' any part or parts of such a weapon were included. 3501-20). The Attorney General may also inspect or examine any records relating to firearms involved in a criminal investigation that is traced to the licensee, or firearms that may have been disposed of during the course of a bona fide criminal investigation. Rev. [41], In recent years, individuals have been purchasing firearm parts kits with incomplete frames or receivers, commonly called 80% receivers,[42] tit. As stated above, Congress replaced the term part or parts in the FFA definition of firearm with frame or receiver, the major parts of a weapon regulated under the GCA. The NFA further defines the term make, and the various derivatives of that word, to include manufacturing (other than by one qualified to engage in the business under this chapter), putting together, altering, any combination of these, or otherwise producing a firearm. 26 U.S.C. 18 U.S.C. This is an unprecedented expansion of government control over the private. 28. This rule proposes to authorize licensed manufacturers and importers to adopt an existing serial number, caliber/gauge, model, or other markings already identified on a firearm provided they legibly and conspicuously place, or cause to be placed, on each part (or part(s) previously determined by the Director) defined as a frame or receiver either: Their name (or recognized abbreviation), and city and State (or recognized abbreviation) where they maintain their place of business; or their name (or recognized abbreviation) and their abbreviated FFL number, which is the first three and last five digits followed by a hyphen, and then followed by the existing serial number (including any other abbreviated FFL prefix) as a suffix, e.g., 12345678-[serial number], to ensure the traceability of the firearm. 921(a)(24); 26 U.S.C. 462, 466-67 (1958) (strict geographical application of the term United States in 26 U.S.C. 601 et seq.). b. 12. Defining what a receiver or frame is, however, was left up to regulating agencies - in this case, the ATF. Register documents. ATF specifically requests comments on the feasibility of implementing the new definition of firearm frame or receiver in 27 CFR 478.11 and 27 CFR 479.11, and related definitions and amendments that ensure the proper marking, recordkeeping, and traceability of all firearms manufactured, imported, acquired and disposed by Federal firearms licensees. Stat. [27] For more details, please refer to Chapter 4 of the Regulatory Impact Analysis.Start Printed Page 27737. section 13-3102; Ark. Additionally, a firearm frame or receiver that is not a component part of a complete weapon at the time it is sold, shipped, or disposed of must be identified in the manner prescribed with a serial number and all of the other required markings. A muffler or silencer that contains all component parts necessary to function as designed whether or not assembled or operable. 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