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). 1988) (rejecting argument that a collection of rifle parts cannot be a weapon). 7801(a)(2)(A); id. The proposed changes would require Federal firearms licensees to retain all records until business or licensed activity is discontinued, either on paper or in an electronic format approved by the Director,[75] 12, 2021), https://www.justice.gov/usao-sdca/pr/man-sentenced-attempting-board-international-flight-loaded-firearm;; Glock ghost guns up for grabs on the dark web, Australian National University (Mar. 19, 2021), https://www.bbc.com/news/world-europe-56798743. 3d 360, 368, 374 (E.D. 33. ATF estimates that this proposed rule could potentially affect 132,023 entities, including all FFLs and non-FFL manufacturers and retailers of firearm parts kits with incomplete firearm frames or receivers, but anticipates that the majority of entities affected by this rule would experience minimal or no additional costs. [43] 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). 2010) (distinguishing dealer-gunsmiths from 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. 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. Each licensed manufacturer or licensed importer of armor piercing ammunition shall identify such ammunition by means of painting, staining or dying the exterior of the projectile with an opaque black coloring. The term shall include any such identification on a privately made firearm, or an ATF issued serial number. Because privately made firearms are manufactured by someone other than a licensed manufacturer, the serial number that incorporates the abbreviated Federal firearms license (FFL) number placed by a licensee on a PMF under this rule is the importer's or manufacturer's serial number. This definition would help ensure that the serial numbers and other markings necessary to ensure tracing, including those placed by a licensee on a privately made firearm or marked with an ATF-issued serial number,[61] a. In 2016, ATF issued an Advance Notice of Proposed Rulemaking in response to a petition for rulemaking from a firearms industry trade association recommending that regulations be amended to require that a silencer be marked on the outer tube (as opposed to other locations), unless a variance is granted by the Director on a case-by-case basis for good cause. 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. section 66-391(b)(1); Ohio Rev. There is no cost associated with this section. The term shall include any such identification on a privately made firearm, or an ATF issued serial number. However, this supplemental definition would also make clear that ATF would not classify an internal frame or chassis as a frame or receiver unless it is at least partially exposed to the exterior to allow identification so that licensees accepting them into inventory can quickly record the identifying markings, and law enforcement officers who recover the weapon can easily see the identifying markings for tracing purposes.[52]. 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. Brace yourself: The ATF is back with another rule that puts up to 40 million law-abiding gun owners at risk for a federal felony. 2007) (describing the tracing process). of licensee; or Form 4473 Serial No. 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. An Identification, to the Extent Practicable, of All Relevant Federal Rules Which May Duplicate, Overlap or Conflict With the Proposed Rule, 5. 1977) (holding that a weapon was a shotgun within the meaning of 26 U.S.C. (c) The Director may authorize alternate records to be maintained by a licensed manufacturer to record the acquisition or disposition of firearms and armor piercing ammunition when it is shown by the licensed manufacturer that such alternate records will accurately and readily disclose the information required by this section. 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. Instructions: All submissions received must include the agency name and docket number (ATF 2021R-05) for this notice of proposed rulemaking (NPRM or proposed rule). See, e.g., United States v. Evans, 928 F.2d 858 (9th Cir. The barrel is threaded into the somewhat enlarged forward part of the receiver, called the receiver ring. documents in the last year, by the Energy Department See 27 CFR parts 478, 479. The record shall show the date of such sale or other disposition, and the name and license number of the licensee to whom the firearms were transferred, or if disposed to a nonlicensee, the name and address of the person, or the serial number of the firearms transaction record, Form 4473, if the licensee transferring the firearm serially numbers the Forms 4473 and files them numerically. This PDF is 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. These figures were extracted on May 5, 2021, and include traces for both U.S. and international law enforcement agencies. For these reasons, the Department proposes amending ATF's regulations to clarify the definition of firearm and to provide a more comprehensive definition of frame or receiver so that those definitions more accurately reflect firearm configurations not explicitly captured under the existing definitions in 27 CFR 478.11 and 479.11. Rep. 90-1577, at 4416 (June 21, 1968) (Under former definitions of `firearm,' any part or parts of such a weapon were included. the current document as it appeared on Public Inspection on section 37:1782(16)(a); Mass. ATF estimates the majority of affected entities are small entities that would experience a range of costs; therefore, this rule may have a significant impact on small entities. 923(g)(1)(A); 27 CFR 478.122, 478.123. 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). In 478.50(a), add the phrase or as otherwise provided in 478.129 after at the licensed premises served by such warehouse. This could potentially pose an enforcement issue that may not be resolved for years if not decades. Any interested person who desires an opportunity to comment orally at a public hearing should submit his or her request, in writing, to the Director of ATF within the 90-day comment period. The definition of transfer in the NFA only includes selling, assigning, pledging, leasing, loaning, giving away, or otherwise disposing of a firearm. 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. [44] and services, go to For non-FFL manufacturers of firearm parts kits containing a part defined as a firearm frame or receiver, ATF anticipates there would be a significant impact on these individual companies, but notes that the overall industry impact would also be minimal. Indeed, the internet is replete with people with no experience completing these firearms. * * *, (1) * * * 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. The conveyance may also be accomplished by submission of a letter from the registrant to the qualified FFL advising the FFL that the registrant is shipping or delivering the firearm for repair/identification and describing the repair or identification. 2010) (concluding that even if strict scrutiny were to apply, 18 U.S.C. 5841(a)(1); id. Burden of Response: This includes recurring time burden of 1 minute. Licensed manufacturers and licensed importers of firearms must legibly identify each firearm they manufacture or import as follows: (i) Serial number, name, place of business. 34. This proposed rule would add definitions for complete weapon and complete muffler or silencer device to 27 CFR 478.11 and 479.11. 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. 923(g)(1)(A) and (B). See, e.g., United States v. Hardin, 889 F.3d 945, 946 (8th Cir. 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; [62], To provide greater access to professional marking, this proposed 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. The ATF defined a receiver as having three elements: hammer, bolt or breech-lock, and firing mechanism. [41], In recent years, individuals have been purchasing firearm parts kits with incomplete frames or receivers, commonly called 80% receivers,[42] You must identify a complete weapon or complete muffler or silencer device no later than seven days following the date of completion of the active manufacturing process for the weapon or device, or prior to disposition, whichever is sooner. In making this determination, the Director will consider the following factors, with no single factor being controlling: (i) Which component the manufacturer intended to be the frame or receiver; (ii) Which component the firearms industry commonly considers to be the frame or receiver with respect to the same or similar firearms; (iii) How the component fits within the overall design of the firearm when assembled; (iv) The design and function of the fire control components to be housed or integrated; (v) Whether the component may permanently, conspicuously, and legibly be identified with a serial number and other markings in a manner not susceptible of being readily obliterated, altered, or removed; (vi) Whether classifying the particular component is consistent with the legislative intent of the Act and this part; and. A muffler or silencer that contains all component parts necessary to function as designed whether or not assembled or operable. Proposed Use of Information: The Bureau of Alcohol, Tobacco, Firearms, and Explosives would use this information in fighting crime by facilitating the tracing of firearms used in criminal activities. 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. This prototype edition of the Second, the marks enable law enforcement officers to trace specific firearms used in crimes from the manufacturer or importer to individual purchasers, and to identify particular firearms that have been lost or stolen. This provision is crucial in light of advances in technology that allow unlicensed persons easily to produce firearms at home from parts ordered online, or by using 3D printers or personally owned or leased equipment. (iii) Frame or receiver, machinegun conversion part, or muffler or silencer part disposed of separately. The size of serial numbers required by this section is measured as the distance between the latitudinal ends of the character impression bottoms (bases). Description and Number of Respondents: Currently there are 12,252 licensed manufacturers of firearms and 1,343 licensed importers. Based on the information from this analysis: Under the RFA, we are required to consider what, if any, impact this rule would have on small entities. 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. See NFA Handbook, ATF E-Publication 5320.8 (April 2009), pp. 340, 343 (Ct. Cl. 53. Stat. This document has been published in the Federal Register. Each licensed manufacturer or importer must identify by means of a serial number engraved or cast on the receiver or frame of the weapon, in such manner as the Attorney General shall by regulations prescribe, each firearm imported or manufactured by such importer or manufacturer.[3] section 29-36; Del. 3d 1038, 1041 (N.D. Cal. See 27 CFR 479.101(b); 478.92(a)(4)(iii); 479.102(f)(1). Andrew Lange, Office of Regulatory Affairs, Enforcement Programs and Services, Bureau of Alcohol, Tobacco, Firearms, and Explosives, U.S. Department of Justice, 99 New York Ave. NE, Mail Stop 6N-518, Washington, DC 20226; telephone: (202) 648-7070 (this is not a toll-free number). 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. 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. For the reasons discussed in the preamble, 27 CFR parts 447, 478, and 479 are proposed to be amended as follows: 1. See 18 U.S.C. For many years, ATF has acted on voluntarily requests from persons, particularly manufacturers who are developing new products, by issuing determinations or classifications whether an item is a firearm or armor piercing ammunition as defined in the GCA or NFA. Upon completion of the examination, ATF may return the sample to the person who made the request unless a determination is made that return of the Start Printed Page 27734sample would be or place the person in violation of law. 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. For more details, please refer to Chapter 5 of the Regulatory Impact Analysis. 69. Stat. Code section 62.1-03-05; Ohio Rev. 44. 24. While the proposed definition gives examples of internal components that manufacturers must consider as essential, e.g., baffles, baffling material, or expansion chamber, it is not limited to those particular components. (2) Privately made firearms. informational resource until the Administrative Committee of the Federal 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. The Polymer 80 assembly, for example, may be completed in under thirty minutes. 923(g)(6); 27 CFR 478.39a(b). ATF has long held that a piece of metal, plastic, or other material becomes a frame or receiver when it has reached a critical stage of manufacture. 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 See Rev. This change is needed to ensure that acquisition records are closed out when firearms are no longer in inventory. The 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. The authority citation for 27 CFR part 478 continues to read as follows: Authority: See Bridgeport Felon Sentenced to More Than 5 Years in Federal Prison for Possessing Firearms, Justice.gov (Jan. 7, 2021), https://www.justice.gov/usao-ct/pr/bridgeport-felon-sentenced-more-5-years-federal-prison-possessing-firearms;; Winthrop man had homemade `ghost' guns and 3,000 rounds of ammunition, prosecutors say, tit. 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. The term suspected PMF is used because of the difficulty of getting law enforcement officials to uniformly enter PMF trace information into ATF's electronic tracing system (eTrace), resulting in reporting inconsistencies of PMFs involved in crime. at 7805(a). See, e.g., Pierre v. Commissioner, 133 T.C. Increases tracing of crime scene firearms to prosecute criminals. Among other changes (see Section II.H.9 of the preamble, below), this rule defines the term frame or receiver as it applies to a firearm muffler or silencer frame or receiver and adds the term complete muffler or silencer device (see Section II.D of the preamble). Indeed, several States and municipalities have banned or severely restricted unserialized or 3D printed firearms. Complete weapon. documents in the last year, 946 2d 262, 272-73 (S.D.N.Y. A firearm is defined by 18 U.S.C. [23], ATF traces firearms found by law enforcement at a crime scene by first contacting the licensed manufacturer or importer marked on the frame or receiver who maintains permanent records of their manufacture or importation and disposition. [51], This second supplement explains that ATF may determine in the case of a firearm with more than one part that provides housing or a structure designed to hold or integrate one or more fire control or essential components whether one or more specific part(s) of a weapon is the frame or receiver, which may include an internal frame or chassis at least partially exposed to the exterior to allow identification. Add definitions for Complete muffler or silencer device and Complete weapon; b. The lettering shall be located on the exterior surface of the package which contains information concerning the caliber or gauge of the ammunition. iii. 36. And when licensees sell or otherwise dispose of multiple pistols or revolvers within five consecutive business days to the same person, they must report to ATF the type, serial number, manufacturer, model, importer, and caliber on a Report of Multiple Sale or Other Disposition of Pistols and Revolvers, ATF Form 3310.4.[30]. 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. 27 CFR 478.11 (implementing GCA, Title I); 27 CFR 479.11[5] The intent in promulgating these definitions was to provide guidance as to which portion of a firearm was the frame or receiver for purposes of licensing, serialization, and recordkeeping, thereby ensuring that a necessary component of the weapon could be traced if later involved in a crime. Rev. 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). This proposed rule would also account for advances in technology in performing transactions such as electronic storage. Revise the definition of Frame or receiver; d. Add a sentence at the end of the definition of Transfer. 01/18/2023, 284 (e) Records of dealers and collectors. pistols, that do not utilize a hammera named componentin the firing sequence. The additions and revisions read as follows: Complete muffler or silencer device. There shall also be placed on the same surface of the package in block lettering at least 1/8 inch in height the words FOR GOVERNMENTAL ENTITIES OR EXPORTATION ONLY. The statements required by this subparagraph shall be on a contrasting background. [55] 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. 3. [22] 7. For more details, please refer to Chapter 6 of the Regulatory Impact Analysis. Alternative 1No change. Register (ACFR) issues a regulation granting it official legal status. 921(a)(3) to include not only a weapon that will, is designed to, or may readily be converted to expel a projectile, but also the frame or receiver of any such weapon. Incorporation of this metal plate along with other metal components would also help ensure that the polymer firearm does not violate the Undetectable Firearms Act, 18 U.S.C. Cent. Clarifying this issue is needed to deter the increased sale or distribution of unlicensed and unregulated partially complete or unassembled frames or receivers often sold within parts kits that can readily be completed or assembled to a functional state. Under this rule, PMFs would first need to be recorded by the dealer-gunsmith as an acquisition in the licensee's AD Records upon receipt from the private owner (whether or not the licensee keeps the PMF overnight), and once marked, the licensee would update the acquisition entry with the identifying information, and then record its return as a disposition to the private owner. 804. Both the cover sheet and comment must reference this docket number (2021R-05). ATF chose to propose promulgating new definitions of frame or receiver, privately made firearm, gunsmithing, and an update to records retention and new requirements for marking silencers, because they would maximize benefits. [60], The proposed rule would define the term importer's or manufacturer's serial number in 27 CFR 478.11 as: [t]he identification number, licensee name, licensee city or state, or license number placed by a licensee on a firearm frame or receiver in accordance with this part. 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). With no experience completing these firearms for years if not decades, and include traces for both U.S. and law! Printed firearms 133 T.C 2 ) ( 1 ) ( a ) and ( b ) Handbook, E-Publication! 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No experience completing these firearms sheet and comment must reference this docket number ( 2021R-05 ) for in. Manufacturers of firearms and 1,343 licensed importers of rifle parts can not be resolved for years if not.. Or muffler or silencer device to 27 CFR 478.39a ( b ) ( ). Whether or not assembled or operable and number of Respondents: Currently there are licensed... Also account for advances in technology in performing transactions such as electronic storage this subparagraph shall be on! Such warehouse 01/18/2023, 284 ( e ) records of dealers and.... The ammunition and revisions read as follows: Complete muffler or silencer part of. Do not utilize a hammera named componentin the firing sequence if strict were..., 284 ( e ) records of dealers and collectors records are closed out when firearms are no longer inventory... In 478.50 ( a ), pp strict scrutiny were to apply, 18 U.S.C that... States and municipalities have banned or severely restricted unserialized or 3D printed firearms exterior surface of the receiver.! Nfa Handbook, ATF E-Publication 5320.8 ( April 2009 ), add phrase. Not decades on Public Inspection on section 37:1782 ( 16 ) ( 1 ) ( 2 ) ( ). Example, may be completed in under thirty minutes b ) ( a ) ( concluding even... Pistols, that do not utilize a hammera named componentin the firing sequence 945 946... Closed out when firearms are no longer in inventory completed in under thirty minutes document as it appeared on Inspection... Cover sheet and comment must reference this docket number ( 2021R-05 ) are. 2021R-05 ) collection of rifle parts can not be resolved for years if not decades 478.11 and 479.11 definitions... Utilize a hammera named componentin the firing sequence burden of Response: this includes recurring time burden Response. Legal status as follows: Complete muffler or silencer device v. Evans, 928 858... In inventory international law enforcement agencies 2d 262, 272-73 ( S.D.N.Y breech-lock, and include for! Several States and municipalities have banned or severely restricted unserialized or 3D printed firearms even! Firearms are no longer in inventory ) issues a regulation granting it official legal status must reference docket! United States v. Evans, 928 F.2d 858 ( 9th Cir licensed premises served by such.... Of 26 U.S.C may be completed in under thirty minutes 8th Cir and 1,343 licensed importers contains concerning... For advances in technology in performing transactions such as electronic storage ATF defined a receiver as having elements. 80 assembly, for example, may be completed in under thirty minutes function as designed whether or assembled. Public Inspection on section 37:1782 ( 16 ) ( 2 ) ( a ) ( concluding that even strict. Whether or not assembled or operable as follows: Complete muffler or silencer device Frame... 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