This definition and factors considered in determining whether a weapon, including a weapon parts kit, or unfinished or damaged frame or receiver may readily be assembled, completed, converted, or restored to function are based on case law interpreting the terms may readily be converted to expel a projectile in 18 U.S.C. Such alternate records shall not be employed by the licensed importer until approval in such regard is received from the Director. While the GCA and implementing regulations define a firearm to include the frame or receiver, neither delineates when a frame or receiver is created. The proposed rule would result in a one-time cost for contract gunsmithing, estimated to be $180,849. 60, Hrg. 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. It was viewed 1141 times while on Public Inspection. 2005) (pistol with a broken firing pin and flattened firing-pin channel); United States. Not only does the inability to distinguish between unmarked firearms Start Printed Page 27725make it extremely difficult for law enforcement to trace PMFs involved in crime, it also makes it more difficult for Federal, State, and local law enforcement to identify and prosecute illegal firearms traffickers who are often tied to violent criminals and armed narcotics traffickers. A determination made by the Director under this paragraph shall not be deemed by any person to be applicable to or authoritative with respect to any other sample, design, model, or configuration. (b) Split or modular frame or receiver. The term frame or receiver shall have the same meaning as in 27 CFR 478.11. In recent years, the number of PMFs recovered from crime scenes throughout the country has increased. 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. section 166.450; 18 Pa. Cons. However, because PMFs do not have markings identifying the name of a licensed manufacturer or importer, model, serial number, or caliber/gauge, licensees might only record a type of firearm (e.g., pistol, revolver, rifle, or shotgun) in their AD Records and on ATF Forms 4473. 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]. For purposes of this definition, the term destroyed means that the frame or receiver has been permanently altered not to provide housing or a structure that may hold or integrate any fire control or essential internal component, and may not readily be assembled, completed, converted, or restored to a functional state. b. This information is not part of the official Federal Register document. Rep. 90-1577, at 4416 (June 21, 1968) (Under former definitions of `firearm,' any part or parts of such a weapon were included. ATF final rule 2021R-05F was initially posted on April 26, 2022, and there . You, as a manufacturer, importer, or maker of a firearm, must legibly identify the firearm as follows: (1) Serial number, name, place of business. Each such voluntary request or form submitted shall be executed under the penalties of perjury with a complete and accurate description of the item, the name and address of the manufacturer or importer thereof, and a sample of such item for examination along with any instructions, guides, templates, jigs, equipment, tools, or marketing materials that are made available to the purchaser or recipient of the item. 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. 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. Firearm Frame or Receiver 25. 804. section 325J.04(Sub.1)(1); Miss. Firearm Frame or Receiver Moreover, without any markings, they are nearly impossible to trace. The authority citation for 27 CFR part 447 continues to read as follows: Authority: v. York, 830 F.2d 885, 891 (8th Cir. 2006) (upholding district court's finding that .50 caliber rifle kits with incomplete receivers were firearms under 921(a)(3)(A) because they could easily be converted to expel a projectile); United States v. Morales, 280 F. Supp. (d) Records of importation and manufacture. Also under that statute, licensed dealers with 15 or more trace requests with a time-to-crime of three years or less must report to ATF the acquisition date, model, caliber or gauge, and the serial number of a secondhand firearm transferred by the dealer. Transfer. 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. Va. 2020) (indictment charging false statements on ATF Form 4473 in connection with the purchase of specific handguns listed by date of purchase, make, caliber, model, serial number, and name of FFL); United States v. McCurdy, 634 F. Supp. 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). on 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. 25. 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. The column titled Name and address or name and license No. would be retitled as Name and address of nonlicensee; or if licensee, name and License No. In addition, the column titled Address or License No. If these people don't act to register or destroy their property or . This proposed rule would update the existing definition of frame or receiver to account for the majority of technological advances in the industry and ensure that these firearms continue to remain under the regulatory regime as intended by the enactment of the GCA, including accounting for manufacturing of firearms using multiple manufacturers. At the same time, it would give an option for manufacturers and importers to avoid marking their city and state as currently required at 478.92(a)(1)(ii)(D), (E) and 479.102(a)(1)(iv) and (v), or obtain a marking variance from this requirement, by allowing them to mark their abbreviated license number as a prefix to the serial number as an alternative because this information can be obtained by looking up the licensee's information. The total 10-year discounted cost of the rule is $1.0 million and $1.2 million at 7 percent and 3 percent respectively. Add definitions for Complete muffler or silencer device and Complete weapon; b. The 107-page document was made public by Stephen Gutowski at The Reload last month, and . Both the cover sheet and comment must reference this docket number (2021R-05). The frame or receiver of any such weapon; C. Any firearm muffler or firearm silencer; or D. Any destructive device. 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. 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 the licensee. 6. 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. However, if there is a present or future split or modular design for a firearm that is not comparable to an existing classification, then the definition of frame or receiver would advise that more than one part is the frame or receiver subject to marking and other requirements, unless a specific classification or marking variance is obtained from ATF, as described above. Likewise, the proposed rule would allow qualified manufacturers to transfer muffler or silencer replacement parts to qualified manufacturers and dealers to repair existing devices already identified and registered in the NFRTR. This proposed rule would modify existing forms and records, such as ATF Forms 4473, NFA forms, importation forms, the Stolen or Lost Firearms Reports, and AD Records, to help ensure that if more than one manufacturer or serial number is identified on any firearm, those names or serial numbers are recorded. 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. documents in the last year, 675 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. Provides clarity to courts on what constitutes a firearm frame or receiver. 462, 466-67 (1958) (strict geographical application of the term United States in 26 U.S.C. Because this proposed rule affects different populations in different ways, the analysis for the IRFA has been broken up by provision. 601 et seq.). 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. States can require markings on firearms for individuals. 7801(a)(2)(A); id. 2017) (pistol with broken trigger and numerous missing internal parts was a weapon designed to expel a projectile by the action of an explosive); United States v. Dotson, 712 F.3d 369 (7th Cir. Increases tracing of crime scene firearms to prosecute criminals. If no portion of split/multi-piece frames or receivers were subject to any existing regulations, such as marking, recordkeeping, or background checks, law enforcement's ability to trace semiautomatic firearms later used in crime would be severely impeded. Alternative 3Grandfather all existing firearms and receivers. This is consistent with prior ATF guidance to the firearms industry. 21. Accordingly, the rule has been reviewed by OMB. Next, the new definition more broadly describes a frame or receiver as one that provides housing or a structure designed to hold or integrate any fire control component. 11 section 1459; Fla. Stat. Add, in alphabetical order, definitions for Complete muffler or silencer device and Complete weapon; b. 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. This table of contents is a navigational tool, processed from the 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. Stat. From the ATF's website, the proposed changes would: Provide new definitions of "firearm frame or receiver" and "frame or receiver, amend the definition of: "firearm" to clarify when a firearm parts kit is considered a "firearm," and "gunsmith" to clarify the meaning of that term and to explain that gunsmiths may be licensed . 32. Title: Licensed Firearms Manufactures Records of Production, Disposition, and Supporting Data. The proposed rule would require silencers to be marked on any housing or structure, such as an outer tube or modular piece, designed to hold or integrate one or more essential internal components of the device. This proposed rule would not change the existing requirements for size and depth of markings in 27 CFR 478.92(a)(1) and 479.102(a), but for sake of clarity, consolidates them into a standalone paragraph along with the existing method of measuring the size and depth of markings set forth in 27 CFR 478.92(a)(5) and 479.102(b). section 18.2-311.1; Wash. Rev. 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. 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). section 14-160.2; N.D. Rev. Estimate of Total Annual Burden: The current burden listed in this collection of information is 201,205 hours. Add a sentence after the fifth sentence; c. In paragraph (f)(2) table Firearms Collectors Acquisition and Disposition Record, 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 No. and add in their place Serial number(s); and, (e) * * * 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. daily Federal Register on FederalRegister.gov will remain an unofficial See United States v. Rowold, 429 F. Supp. of licensee; or Form 4473 Serial No. FFLs would have the option to mark their existing PMFs themselves. 37. (2) Labeling of packages. After publication of a final rule, each frame or receiver of a new firearm design or configuration manufactured or imported after the date of publication of the final rule would need to be marked with a serial number, and either: (a) The manufacturer's or importer's name (or recognized abbreviation), and city and State (or recognized abbreviation) where the manufacturer or importer maintains their place of business, or in the case of a maker of an NFA firearm, where the firearm was made; or (b) the manufacturer's or importer's name (or recognized abbreviation), and the serial number beginning with the licensee's abbreviated FFL number as a prefix, which is the first three and last five digits followed by a hyphen, and then followed by a number (which may incorporate letters and a hyphen) as a suffix, e.g., 12345678-[number]. The serial number (with or without the FFL prefix) identified on each part of a weapon defined as a frame or receiver must be the same number, but must not duplicate any serial number(s) placed by the licensee on any other firearm. The IRFA is included here and as part of the RFA. 70. Ohio May 16, 2019) (same); cf. section 445-134.11(c)(10); 205 Ill. Comp. 921(a)(3)(C), 923(i). Accordingly, the Department and ATF have promulgated regulations implementing both the GCA and the NFA. 24. 22. Code section 9.41.190 (prohibiting the manufacture with intent to sell of undetectable and untraceable firearms); see also Philadelphia Becomes First City To Ban 3D-Printed Gun Manufacturing, A licensed manufacturer qualified under this part may transfer a replacement part defined as a muffler or 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. 27 CFR 478.92(a)(2); id. 2006) (a starter gun that can be modified in less than one hour by a person without any specialized knowledge to fire may be considered readily convertible under the GCA); United States v. One TRW, Model M14, 7.62 Caliber Rifle, 441 F.3d 416, 422-24 (6th Cir. Each request would be submitted in writing or on an ATF form executed under the penalties of perjury with a complete and accurate description of the item, the name and address of the manufacturer or importer thereof, and a sample of such item for examination along with any instructions, guides, templates, jigs, equipment, tools, or marketing materials that are made available to the purchaser or recipient of the item. 921(a)(11)(B); id. For this reason, manufacturers may wish to submit samples to ATF for classification of one or more particular components as the frame or receiver so that they need only mark a specific part or parts of a weapon, rather than all qualifying parts (see Section II.H.10 of the preamble) or obtain a marking variance (see Section II.H.6 of the preamble). The Director, however, reserves the right to determine, in light of all circumstances, whether a public hearing is necessary. After commencing business, licensees must record all firearms received and disposed of by the business in the AD Record to include the following information separated into columns: Manufacturer and/or importer, model, serial no., type, and caliber or gauge. section 18-12-103; Conn. Gen. Stat. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995, Public Law 104-4, 109 Stat. (2) Privately made firearms. The government cost for this provision is $68,939 annually. ATF Letter to Private Counsel #907010 (Mar. This fourth supplement would exclude from the definition of frame or receiver any frame or receiver that is destroyed. Therefore, to reflect existing case law, this proposed rule would add a sentence at the end of the definition of firearm in 27 CFR 478.11 providing that [t]he term shall include a weapon parts kit that is designed to or may readily be assembled, completed, converted, or restored to expel a projectile by the action of an explosive., Nonetheless, this amendment is not intended to affect the classification of a weapon, including a weapon parts kit, in which each frame or receiver (as defined in this proposed rule) of such weapon is properly destroyed in accordance with ATF standards. A licensed importer who proposes to use alternate records shall submit a letter application to the Director and shall describe the proposed alternate records and the need therefor. [28] 73. See also ATF Ruling 2009-5, p.2 (The unique marks of identification of firearms serve several purposes. For more specific details regarding the need for regulation, please refer to the specific chapters pertaining to each provision of this proposed rule. 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. Because privately made firearms do not have the identifying markings required of commercially manufactured firearms, this rule proposes to amend 27 CFR 478.92 to require FFLs to mark, or supervise the marking of, the same serial number on each frame or receiver (as defined in this rule) of a weapon that begins with the FFL's abbreviated license number (first three and last five digits) as a prefix followed by a hyphen on any privately made firearm (as defined) that the licensee acquired (e.g., 12345678-[number]). 922(i) (transporting or shipping stolen firearms in interstate or foreign commerce); id. 63. However, as with current regulations, silencer parts sold, shipped, or otherwise disposed of separately would still be considered silencers that require all markings prior to disposition except when transferred between qualified manufacturers for the production of new devices, and to qualified manufacturers and dealers for the repair of existing devices (see Section II.H.9 of the preamble). This rule is consistent with ATF enforcement policy. In addition to Federal law, 18 U.S.C. (e) Records of dealers and collectors. For more details, please refer to Chapter 6 of the Regulatory Impact Analysis. The depth of all markings required by this section is measured from the flat surface of the metal and not the peaks or ridges. Va. 2002) (ATF has a statutory duty pursuant to the GCA to trace firearms to keep them out of the hands of criminals). 17. section 45-6-326; Neb. This regulation meets the applicable standards set forth in sections 3(a) and 3(b)(2) of Executive Order 12988 (Civil Justice Reform). 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. 20. 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] Acceptable methods of destruction include completely melting, crushing, or shredding the frame or receiver, or by completely severing at least three critical areas of the frame or receiver using a cutting torch having a tip of sufficient size to displace at least 1/4 inch of material at each location. 2003) (partially disassembled Tec-9 pistol that could be assembled within a short period of time could readily be converted to expel a projectile); United States v. Catanzaro, 368 F. Supp. 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/. For comments submitted by mail or facsimile, information contained on the cover sheet will not appear when posted on the internet but any personal identifying information that appears within a comment will not be redacted by ATF and it will appear on the internet. 12. 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. documents in the last year, 1401 See, e.g., Silverback Reviews, Polymer 80 Lower Completion/Parts Kit Install, YouTube (Aug. 19, 2019), https://www.youtube.com/watch?v=ThzFOIYZgIg (21-minute video of completion of a Polymer 80 lower parts kit with no slide). In paragraph (b)(1)(iv)(A), remove the word manufacturer and add in its place manufacturer(s) of the firearm or privately made firearm (if privately made in the United States); b. This would require all firearms purchased by individuals to be retroactively serialized. This proposed rule would affect a one-time surge of 6,044 respondents. 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. 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. 2d 262, 272-73 (S.D.N.Y. ATF recently issued that procedure in light of changes to ATF Form 4473 (May 2020), which now requires completion of the form in an order different from that provided in 478.124(f). (cough West Virginia v. EPA and New York State Rifle and Pistol Association v. Bruen . An additional amendment to 27 CFR 478.92 and 478.102 would clarify the meaning of the terms legible and legibly to ensure that the identification markings use exclusively Roman letters (e.g., A, a, B, b, C, c) and Arabic numerals (e.g., 1, 2, 3), or solely Arabic numerals, and may include a hyphen, and that the terms conspicuous and conspicuously are understood to mean that the identification markings are capable of being easily seen with normal handling of the firearm and unobstructed by other markings when the complete weapon is assembled. This would codify the meaning of those terms as explained in ATF Ruling 2002-6 (legible), and ATF's final rule at 66 FR 40599 (Aug. 3, 2001) (referencing U.S. Customs Service regulations on the definition of conspicuous). Description and Number of Respondents: Currently there are 12,252 licensed manufacturers of firearms and 1,343 licensed importers. This could potentially pose an enforcement issue that may not be resolved for years if not decades. [46] [1] 921(a)(10); 26 U.S.C. A firearm muffler or silencer is defined to include any combination of parts designed and intended for the use in assembling or fabricating a firearm silencer or muffler and any part intended only for use in such assembly or fabrication. 18 U.S.C. The manufacturer or importer can then mark without needing to ask ATF for a classification. While millions of AR-15s/M-16s existed at the time ATF promulgated the definitions, they were manufactured almost exclusively for military use. While this alternative minimizes cost, it does not meet any of the objectives outlined in this proposed rule. The serial number identified on each part of a weapon defined as a frame or receiver must be the same number, but must not duplicate any serial number(s) placed by the licensee on any other firearm. In addition, ATF will disclose such proprietary or confidential business information to the extent required by other legal process. Indeed, the current definitions were never intended to be, or understood to be, exhaustive; at the time the current definitions were adopted there were numerous models of firearms that did not contain a part that fully met the regulatory definition of frame or receiver, such as the Colt 1911, FN-FAL, and the AR-15/M-16, all of which were originally manufactured almost exclusively for military use, and ATF has long applied these factors in determining which component of those weapons qualifies as the frame or receiver.[11]. Once the new device with such part is completed, the manufacturer of the device shall identify and register it in the manner and within the period specified in this part for a complete muffler or silencer device. With prior ATF guidance to the specific chapters pertaining to each provision of this proposed rule ( the marks! 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Impact analysis meaning as in 27 CFR 478.11 ATF will disclose such proprietary or confidential information. Markings, they are nearly impossible to trace alternative minimizes cost, it does meet. Atf guidance to the extent required by this section is measured from flat.

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