(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 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. 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. at 182; see also Identification Markings Placed on Firearms, 66 FR 40597 (Aug. 3, 2001) (Firearms tracing is an integral part of Start Printed Page 27724any investigation involving the criminal use of firearms.); Blaustein Reich, Inc. v. Buckles, 220 F. Supp. Codified Laws 22-14-5; Tenn. Code Ann. section 14-160.2; N.D. 2778; Exec. This information must be placed in a manner not susceptible of being readily obliterated, altered, or removed. [38], Due to judicial developments as well as continued technological advancements in firearms manufacturing, maintaining the current definitions negatively affects both public safety and the regulated firearms industry. 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. But see United States v. Wada, 323 F. Supp. a. See 27 CFR 479.101(b); 478.92(a)(4)(iii); 479.102(f)(1). 35. Complete weapons or complete muffler or silencer devices, as defined in this rule, would be allowed to be marked up to seven days from completion of the active manufacturing process for the weapon or device, or prior to disposition, whichever is sooner. The Rule just changes the process of building your firearm this way. Upon completion of the examination, the Director may return the sample to the person who made the request unless a determination is made that return of the sample would be or place the person in violation of law. It was found impractical to have controls over each small part of a firearm. Indeed, the internet is replete with people with no experience completing these firearms. Partially Complete, Disassembled, or Inoperable Firearm Kits, 1. Stat. Code tit. Marking the outer tube, as distinguished from a smaller non-housing component like an end cap that can be damaged upon expulsion of projectiles, best preserves the ability of law enforcement to trace the silencer device if used in crime, and is consistent with recommendations ATF has received from the firearms industry. 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] 65. Consistent with the language and purpose of the GCA, this proposed provision is necessary to allow ATF to trace all firearms acquired and disposed of by licensees, prevent illicit firearms trafficking, and provide guidance to FFLs and the public with respect to PMF transactions with the licensed community. The FFA and implementing regulations defined the term firearm to mean any weapon, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosive and a firearm muffler or firearm silencer, or any part or parts of such weapon. Public Law 75-785, 52 Stat. 5845(a)(7); 27 CFR 478.11; id. In determining whether a partially complete, disassembled, or inoperable frame or receiver may readily be assembled, completed, converted, or restored to a functional state, the Director may consider any available instructions, guides, templates, jigs, equipment, tools, or marketing materials. Rev. In 479.62(b)(3), remove manufacturer and add in its place manufacturer(s) and remove the words serial number and add in their place serial number(s). Rulemaking is therefore necessary to ensure that PMFs are not unlawfully manufactured for sale to licensees who may wish to acquire them for resale, or accept them as security in pawn for a loan, as this would undermine the important public safety goals of the GCA to reduce violent crime, which includes assisting State and local law enforcement in their efforts to control the traffic of firearms within their borders. at 7805(a). . 212, 225-26 (1968); 18 U.S.C. 2d 262, 272-73 (S.D.N.Y. 68. See, e.g., Abramski v. United States, 573 U.S. 169 (2014); Marshall v. Commonwealth, 822 S.E.2d 389 (Va. App. In semiautomatic pistols, the frame or housing is sometimes referred to as the receiver.). The total 10-year discounted cost of the rule is $1.0 million and $1.2 million at 7 percent and 3 percent respectively. Relevant information about this document from Regulations.gov provides additional context. 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 . 2. better and aid in comparing the online edition to the print edition. The record shall show the date of such sale or other disposition, and the name and license number of the licensee to whom the firearm was transferred, or if disposed to a nonlicensee, the name and address of the person, or the serial number of the firearms transaction record, Form 4473, if the licensee transferring the firearm serially numbers the Forms 4473 and files them numerically. The information required by this paragraph shall be recorded in a format containing the applicable columns prescribed by 478.122.Start Printed Page 27750. 44. It is not an official legal edition of the Federal [43] 1981) (We cannot agree that Congress intended to impose a transfer tax and require registration whenever mere physical possession of a firearm is surrendered for a brief period.). headings within the legal text of Federal Register documents. 67. 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 and add in their place serial number(s); and. In the first sentence of paragraph (a)(4), remove manufacturer and importer (if any) and add in its place manufacturer(s) and importer(s) (if any) of the firearm or privately made firearm (if privately made in the United States), remove the words serial number and add in their place serial number(s), remove Manufacturer and importer (if any) and add in its place Manufacturer(s) and importer(s) (if any), and remove the words Serial No. and add in their place serial number(s). This change is needed to ensure that acquisition records are closed out when firearms are no longer in inventory. See Public Law 90-351, sec. (c) Voluntary classification of firearms. 3d 1038, 1041 (N.D. Cal. In addition, ATF will disclose such proprietary or confidential business information to the extent required by other legal process. 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. However, when a frame or receiver is broken or has been disassembled into pieces that can readily be made into a frame or receiver, or is a partially complete frame or receiver forging, casting, or additive printing[56] Over the years, licensed importers and manufacturers have asked ATF to allow them to consolidate their records of importation or manufacture and acquisition and disposition of firearms, rather than maintaining separate records as required by 27 CFR 478.122(d) and 478.123(d). 3:12-0522, 2012 WL 5198090, at *4 (M.D. [59] 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; This "receiver," even without the rest of the weapon, is legally considered a firearm in itself. Frame or receiver. A Description of the Reasons Why Action by the Agency Is Being Considered, 2. First, there would be a general definition of frame or receiver with non-exclusive examples that illustrate the definition. The Director shall not issue a determination regarding a firearm accessory or attachment unless it is installed on the firearm(s) in the configuration for which it is designed and intended to be used. 601(6). at 923(a). Over time, as more PMFs are accepted into inventory, it will become increasingly difficult, if not impossible, for licensees and ATF (during inspections) to distinguish between those PMFs physically in the firearms inventory and those recorded in required AD Records, as well as determine which PMFs recorded as disposed on ATF Form 4473, were those recorded as disposed in the AD Record. Except as provided in paragraph (a)(4)(v) of this section, each frame or receiver thereof must also be marked with either: Their name (or recognized abbreviation), and city and State (or recognized abbreviation) where they maintain their place of business; or their name (or recognized abbreviation) and abbreviated Federal firearms license number as a prefix, which is the first three and last five digits, followed by a hyphen, and then followed by a number as a suffix, e.g., 12345678-[number]; and. 34. 61-189 (IRS RRU), 1961-2 C.B. Register, and does not replace the official print version or the official 36. Boston.com (Aug. 5, 2020), https://www.boston.com/news/crime/2020/08/05/winthrop-man-had-homemade-ghost-guns-prosecutors-say;; `Ghost Gun' used in shooting that killed two outside Snyder County restaurant, Penn Live (Jul. Estimate of Total Annual Burden: The current burden listed in this collection of information is 201,205 hours. 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. (1) Marking of ammunition. Public Law 90-351, section 907, 82 Stat. 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. The caliber and type of projectile is not factored into the classification. Large interests are at stake, and inspection is a crucial part of the regulatory scheme, since it assures that weapons are distributed through regular channels and in a traceable manner and makes possible the prevention of sales to undesirable customers and the detection of the origin of particular firearms. (citation omitted). Stat. 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. 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. 922(a)(1)(A); id. This language would supersede ATF Ruling 2013-3 as it applies to licensed manufacturers and importers, but the ruling would remain effective for makers of NFA firearms. Document Drafting Handbook section 37:1782(16)(a); Mass. In recent years, the number of PMFs recovered from crime scenes throughout the country has increased. 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. section 44-1625(C)(5); Colo. Rev. Rep. No. daily Federal Register on FederalRegister.gov will remain an unofficial The Public Inspection page may also (4) Firearm muffler or silencer parts(i) Firearm muffler or silencer parts transferred between qualified manufacturers to complete new devices. This would be followed by supplements that further explain the meaning of the term frame or receiver for certain firearm designs and configurations, as follows: (a) Firearm muffler or silencer frame or receiver; (b) split or modular frame or receiver, also followed by examples of the frames or receivers for common firearm designs that are distinguishable because of differences in firing cycle, method of operation, or physical design characteristics; (c) partially complete, disassembled, or inoperable frame or receiver; and (d) destroyed frame or receiver. 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?' 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. The engraving, casting, or stamping (impressing) of the serial number and additional information must be to a minimum depth of .003 inch and in a print size no smaller than 1/16 inch. When used in this part, the term serial number shall mean the importer's or manufacturer's serial number.. Handguns that are 3D printed are also subject to the registration and taxation requirements of the NFA if they have a smooth bore and are capable of being concealed on the person, thereby falling within the definition of any other weapon. See 26 U.S.C. [17] (b) Armor piercing ammunition. Ann. Indeed, most firearms currently in circulation in the United States do not have a specific part that expressly falls within the current frame or receiver regulatory definitions. This could potentially pose an enforcement issue that may not be resolved for years if not decades. Rec. Otherwise, we will not have tracing capability. These changes would supersede ATF Rulings 2011-1 and 2016-3, and those rulings would become obsolete upon publication of a final rule. [44] This was considered and incorporated into the proposed alternative, where feasible. Be legible and appear in minimum 12 point font size (.17 inches); 3. 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. Currently, the regulations assume that each part defined as a muffler or silencer must be marked and registered. Both the GCA and NFA define the term manufacturer as any person engaged in the business of manufacturing firearms, and the GCA further defines the term licensed manufacturer as any such person licensed under the provisions of this chapter. 18 U.S.C. Licensees are also required by law to report the theft or loss of firearms on a Federal Firearms Licensee Theft/Loss Report, ATF Form 3310.11, which includes a description of the manufacturer, importer, model, serial number, type, and caliber/gauge of each firearm stolen or lost. 59 section 1509(D)(h); S.C. Code Ann. Moreover, without any markings, they are nearly impossible to trace. 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. This article appeared online at TheNewAmerican.com on Monday, January 16, 2023: Back in 2012, the ATF (the Bureau of Alcohol, Tobacco, Firearms and Explosives) ruled that pistol stabilizing braces didn't turn pistols into short-barreled rifles, and therefore they were exempt from inclusion under the 1934 National Firearms Act (NFA). 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. 3:27 pm. Neither the GCA nor the NFA explain at what point in the manufacturing process the required markings must be placed. 33. 11 section 1459; Fla. Stat. The rule, which President Joe Biden requested as part of . See Once Banned, Now Loved and Loathed: How the AR-15 Became `America's Rifle', New York Times (Mar. [65] documents in the last year, 37 This proposed rule will not have substantial direct effects on the States, the relationship between the Federal Government and the States, or the distribution of power and responsibilities among the various levels of government. Minor technical amendments would also be needed in 27 CFR 479.62, 479.84, 479.88, 479.90, and 479.141, pertaining to NFA Form 1 (Application to Make), NFA Form 4 (Application to Transfer), NFA Form 3 (Tax Exempt TransfersSOTs), NFA Form 5 (Tax Exempt TransfersGovernmental Entities), and the Stolen or Lost Firearms report, respectively. 60, Hrg. ATF requests comments on the proposed rule from all interested persons. 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 term small entities comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of fewer than 50,000 people. This rule is not intended to supersede State requirements unless there is a direct and positive conflict between them such that they cannot be reconciled or consistently stand together. [27] c. In paragraph (b)(2)(ii), add or privately made firearm (if privately made in the United States) after ammunition. 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] (5) Firearms designed and configured before [EFFECTIVE DATE OF THE FINAL RULE]. 565, 574-75 (D.D.C. CBP: 3-D-printed full-auto rifle seized at Lukeville crossing, tucsonsentinel.com (Feb. 8, 2016), http://www.tucsonsentinel.com/local/report/020816_3d_printed_gun/cbp-3-d-printed-full-auto-rifle-seized-lukeville-crossing/;;; Firearms using 3D-printed components seized in Sweden, Armament Research Services (May 19, 2017), https://armamentresearch.com/3d-printed-firearms-seized-in-sweden/;;; The TSA Has Found 3D-Printed Guns at Airport Checkpoints 4 Times Since 2016, Time (Aug. 2, 2018), https://time.com/5356179/3d-printed-guns-tsa/;;; Indiana Residents Indicted on Terrorism and Firearms Charges, DOJ Office of Public Affairs (July 11, 2019), https://www.justice.gov/opa/pr/indiana-residents-indicted-terrorism-and-firearms-charges;; Use of 3D printed guns in German synagogue shooting must act as warning to security services, experts say, July 27, 2020) (granting defendant's post-trial motion for acquittal for manufacturing AR-15 lower receivers without a license because [n]o reasonable person would understand that a part constitutes a receiver where it lacks the components specified in regulation). While the new definitions would mostly affect new designs or configurations of firearms, manufacturers would still be able to receive a determination or a variance on the design from ATF; therefore, they may not experience an additional cost or burden. Split or modular frame or receiver 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 . Code Pub. 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. 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. [68] For purposes of this definition, the term fire control component means a component necessary for the firearm to initiate, complete, or continue the firing sequence, including any of the following: Hammer, bolt, bolt carrier, breechblock, cylinder, trigger mechanism, firing pin, striker, or slide rails. Stat. The form is typically the key evidence that the straw purchaser who bought the firearm (and who can pass a background check) made a false statement to the Federal firearms licensee concerning the identity of the actual purchaser when acquiring that firearm, in violation of 18 U.S.C. This coloring must completely cover the point of the projectile and at least 50 percent of that portion of the projectile which is visible when the projectile is loaded into a cartridge case. Ann. or to return any recovered stolen or lost PMFs to their rightful owners. (3) Adoption of identifying markings. 12. 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. 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