An Identification, to the Extent Practicable, of All Relevant Federal Rules Which May Duplicate, Overlap or Conflict With the Proposed Rule, 5. 19. There is no cost associated with this section. include documents scheduled for later issues, at the request (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 Thus, defining the term readily is necessary to provide further clarity in determining when incomplete weapons or configurations of parts become a firearm regulated under the GCA and NFA. 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. 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] This helps regulated industry members and the public determine what laws and regulations may be applicable to the product, and any steps that they may need to take to be compliant with those laws and regulations. 55. That information helps to fight serious crime. Id. 27 CFR 478.92(a)(2); id. See Broughman v. Carver, 624 F.3d 670 (4th Cir. legal research should verify their results against an official edition of Those firearms would include numerous widely available models, such as Glock-type and Sig Sauer P320[14] Like changes to the recordkeeping regulations, these amendments would make certain words plural, (e.g., manufacturer(s), importer(s), and serial number(s)) to ensure that the Federal firearms licensee is recording more than one manufacturer, importer, and serial number, if appropriate, on Forms 4473. Va. 2002) (ATF has a statutory duty pursuant to the GCA to trace firearms to keep them out of the hands of criminals). 2d 1079 (D. Or. Code section 35-47-2-18; Kan. Stat. 923(g)(5)(A), licensed dealers along the Southwest border are also required by demand letter to report to ATF multiple sales of certain rifles during five consecutive business days to the same person on ATF Form 3310.12, including the rifle's serial number, manufacturer, importer, model, and caliber. Pursuant to 18 U.S.C. 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. edition of the Federal Register. As defined in 5 CFR 1320.3(c), collection of information comprises reporting, recordkeeping, monitoring, posting, labeling, and other similar actions. If ATF receives a request to examine or copy this information, it will treat it as any other request under the Freedom of Information Act (5 U.S.C. Voluntary Classification of Firearms and Armor Piercing Ammunition, 3. Such information shall be recorded in a format containing the applicable columns prescribed by 478.122, except that for armor piercing ammunition, the information and format shall also include the quantity of projectiles. A firearm other than a muffler or silencer that contains all component parts necessary to function as designed whether or not assembled or operable. Ann. Licensed manufacturers 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. These can be useful the current document as it appeared on Public Inspection on This information must be placed in a manner not susceptible of being readily obliterated, altered, or removed. 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] Statutory and Executive Order Review, 1. See Public Law 90-351, sec. 53. While millions of AR-15s/M-16s existed at the time ATF promulgated the definitions, they were manufactured almost exclusively for military use. (a)(1) Firearms manufactured or imported by licensees. 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. Gen. Laws 269 section 11C; Mich. Comp. Except as provided in paragraph (b)(5) of this section, the additional information shall include: (i) The model, if such designation has been made; (iii) When applicable, the name of the foreign manufacturer or maker; and. 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. or to return any recovered stolen or lost PMFs to their rightful owners. 922(k) (prohibiting possession of firearms with obliterated serial numbers) would be upheld under the Second Amendment because serial number tracing serves a governmental interest in enabling law enforcement to gather vital information from recovered firearms. Under the US Code of Federal Regulations, a firearm frame or receiver is defined as: "That part of a firearm which provides housing for the hammer, bolt or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel." (emphasis added) Return of the registered silencer to the registrant may likewise be accomplished by submission of an ATF Form 5 or by a letter from the FFL to the registrant that accompanies the silencer. Licensed manufacturers and licensed importers may continue to identify firearms of the same design and configuration as they existed before [EFFECTIVE DATE OF THE FINAL RULE] with the information required to be marked by paragraphs (a)(1) and (2) of this section that were in effect prior to that date, and any rules necessary to ensure such identification shall remain effective for that purpose. 921(a)(3)(A) and can be readily restored to shoot in 26 U.S.C. 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). However, individual muffler or silencer parts must be marked if they are disposed of separately from a complete device unless transferred by qualified manufacturers to other qualified licensees for the manufacture or repair of complete devices (see Section II.H.9 of the preamble). better and aid in comparing the online edition to the print edition. Factors relevant in making this determination, with no single one controlling, include the following: (a) Time, i.e., how long it takes to finish the process; (b) Ease, i.e., how difficult it is to do so; (c) Expertise, i.e., what knowledge and skills are required; (d) Equipment, i.e., what tools are required; (e) Availability, i.e., whether additional parts are required, and how easily they can be obtained; (g) Scope, i.e., the extent to which the subject of the process must be changed to finish it; and. 5845(e). (5) Period of time to identify firearms. United States v. Rowold, 429 F. Supp. Any Federal firearms licensee that sells such kits to unlicensed individuals would need to complete ATF Forms 4473, conduct NICS background checks, and abide by the recordkeeping requirements applicable to fully completed and assembled firearms. This responsibility includes the authority to promulgate regulations necessary to enforce the provisions of the GCA and NFA. See 18 U.S.C. Stat. Cal. for better understanding how a document is structured but One important goal of this rule is to ensure that it does not affect existing ATF classifications of firearms that specify a single component as the frame or receiver. At the behest of President Joe Biden, the unelected bureaucrats at . The second largest impact would be $12,828 if a manufacturer had to retool their existing production equipment, but ATF anticipates this is unlikely because this proposed rule encompasses the majority of existing technology. (iv) In the case of an imported firearm, the name of the country in which it was manufactured. Requiring Federal firearms licensees to mark in this manner on each part defined as a frame or receiver would make it possible for ATF to trace the firearm if the manufacturer's or importer's name, city, or state is marked on the slide or barrel, and the original components are later separated. 245 (kits which contain all of the necessary component parts for the assembly of shotguns are complete firearms in knockdown condition even though, in assembling the shotguns the purchaser must `final-shape,' sand, and finish the fore-arm and the stock); cf. 46. Except as provided in paragraph (a)(4)(v) of this section, the additional information shall include: (A) The model, if such designation has been made; (C) When applicable, the name of the foreign manufacturer; and. 2007) (describing the tracing process). Register, and does not replace the official print version or the official Gen. Laws ch. But as unmarked and difficult-to-trace PMFs proliferate throughout the marketplace, it is likely to become increasingly difficult to prove that firearms acquired under false pretenses on a Form 4473 were the ones found in the hands of the true purchaserand thus more difficult to prosecute straw purchasers for making false statements. See Rev. v. York, 830 F.2d 885, 891 (8th Cir. See Webster's Third New International Dictionary, pp. 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. Most states require pawnbrokers to record or report any serial number and other identifying markings on pawned merchandise so that police can determine their origin. Moreover, without any markings, they are nearly impossible to trace. 90-1097, at 2200 (April 29, 1968) (same). 1, 1971) (lower portion of the M-16 is the frame or receiver because it comes closest to meeting the definition of frame or receiver in 26 CFR 178.11 (now 27 CFR 478.11), and is the receiver of a machinegun as defined in the NFA); ATF Memorandum #22334 (Jan. 24, 1977) (upper half of the FN FAL rifle is the frame or receiver because it was designed to accept the components that allow fully automatic fire). The term "pistol" and the term "revolver", as used in sections 29 . (4) Exceptions(i) Alternate means or period of identification. section 29180 (prohibiting ownership of firearms that do not bear a serial number or other mark of identification provided by the State); Conn. Gen. Stat. 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). Description and Number of Respondents: Currently there are 12,252 licensed manufacturers of firearms and 1,343 licensed importers. This rule defines the term complete muffler or silencer device not to say that individual silencer parts are not considered a firearm muffler or silencer subject to the requirements of the NFA, but to advise industry members when those individual silencer parts must be marked and registered in the NFRTR when they are used in assembling or fabricating a muffler or silencer device. 5. 18 U.S.C. 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). (v) Period of time to identify firearms. at 7805(a). 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. 18 U.S.C. Single-framed firearms incorporate the hammer, bolt or breechblock, and firing mechanism within the same housing. The Department of Justice ("Department") proposes amending Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") regulations to provide new regulatory definitions of "firearm frame or receiver" and "frame or receiver" because the current regulations fail to capture the full meaning of those terms. 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. Non-FFL manufacturers are anticipated to be small and would potentially have a significant impact on their individual revenue. (3) Adoption of identifying markings. 5861(g), (h), (i), almost every state prohibits the removal, alteration, or obliteration of a firearm's serial number or possession of a firearm with a serial number that has been removed, altered, or obliterated. a. Both FFLs and non-FFLs would have the option to contract with an FFL, such as a gunsmith, for this purpose, dispose of them, or send them to ATF or another law enforcement agency for disposal. (h) Feasibility, i.e., whether the process would damage or destroy the subject of the process, or cause it to malfunction. ATF Letter to Private Counsel #907010 (Mar. Under this rule, licensed collectors would only need to mark PMFs they receive or otherwise acquire that are defined as curios or relics. See 27 CFR 478.11 (definitions of firearm and curios or relics). 59. section 13-3102; Ark. Safety section 5-142; Mass. 46, 60 sections 7.4.6; 9.5.1. The crucial inquiry, then, is the point at which an unregulated piece of metal, plastic, or other material becomes a regulated item under Federal law. That part of a firearm which provides housing for the hammer, bolt or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel. 44. 185 (kits containing unassembled components and tools to complete artificial flies for fisherman were sporting goods subject to excise tax); Hine v. United States, 113 F. Supp. 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 . [26] 901(b), 82 Stat. 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. In 478.50(a), add the phrase or as otherwise provided in 478.129 after at the licensed premises served by such warehouse. . A Description of, and Where Feasible, an Estimate of the Number of Small Entities to Which the Proposed Rule Will Apply, 4. In the case of a destructive device, the Director may authorize other means of identification or period of time to identify that weapon upon receipt of a letter application or Form 3311.4 from you. 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. For further clarity, the definition would then give four nonexclusive examples with illustrations of common single-framed firearms: (1) Hinged or single frame revolver (structure to hold the trigger, hammer, and cylinder); (2) bolt-action rifle (structure to hold the bolt and firing pin, and attach the trigger mechanism); (3) break action, lever action, or pump action rifle or shotgun (housing for the bolt and firing pin, or a structure designed to integrate the breechblock); and (4) semiautomatic firearm or machinegun with a single receiver housing all fire control components (housing for the hammer, bolt, trigger mechanism, and firing pin, e.g., AK-type firearms). 5845(b). See NFA Handbook, ATF E-Publication 5320.8 (April 2009), pp. ATF will not make proprietary or confidential business information submitted in compliance with these instructions available when disclosing the comments that it received, but will disclose that the commenter provided proprietary or confidential business information that ATF is holding in a separate file to which the public does not have access. 2, 2020), https://www.npr.org/local/305/2020/03/02/811194978/how-d-c-is-addressing-an-ongoing-spike-in-gun-violence;; Untraceable `Ghost Guns' sold across Central Florida, WKMG-TV Orlando (Nov. 15, 2016), https://www.clickorlando.com/getting-results/2016/11/15/untraceable-ghost-guns-sold-across-central-florida/. [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. The additional information required to be marked on each frame or receiver (i.e., name, city and state, or name and abbreviated serial number) would only apply to new designs or configurations of firearms manufactured or imported after publication of the rule. Having reached the stage of manufacture or development where they became recognizable as one of the sporting goods described in Section 3406(a)(1) the rods upon being sold were subject to tax even though there remained one or more finishing operations to be performed.) (citations omitted). 601 et seq.). Alternative 4Require serialization of all partially complete firearms or split receivers. See, e.g., United States v. Powell, 467 F. Supp. The proposed rule would further codify ATF's policy not to evaluate 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, and would further explain that [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.. should verify the contents of the documents against a final, official * * *, (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. 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. This does not include a firearm identified and registered in the NFRTR pursuant to chapter 53, title 26, United States Code, or any firearm made before October 22, 1968 (unless remanufactured after that date). By clarifying the definition of gunsmith to mean a service routinely performed on existing firearms that are not for sale or distribution by a licensee, this rule would supersede ATF Ruling 2010-10, which allows gunsmiths under specified conditions to engage in certain manufacturing activities for licensed manufacturers. Reason.com (Nov. 22, 2013), https://reason.com/2013/11/22/philadelphia-becomes-first-city-to-ban-3/;;; County Council Unanimously Approves Ghost Gun Bill 14, 2020), https://www.pennlive.com/crime/2020/07/ghost-gun-used-in-shooting-that-killed-two-outside-snyder-county-restaurant.html;; The gunman in the Saugus High School shooting used a `ghost gun,' sheriff says, CNN (Nov. 21, 2019), https://www.cnn.com/2019/11/21/us/saugus-shooting-ghost-gun/index.html;; How the felon killed at Walmart got his handgun, DA says, 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. There is only a minimal inconvenience for the dealer, yet obtaining and recording this information is critical to avoid serious damage to the Firearm Tracing Program.). Millions of Americans face the threat of federal felony charges over guns they purchased legally thanks to a new rule released by the ATF. 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. (ii) Firearm muffler or silencer replacement parts transferred to qualified manufacturers or dealers to repair existing devices. 2d 535, 537 (E.D. Penal Code section 31.11; Utah Code section 76-10-521 (handguns); Va. Code Ann. This rule also proposes to amend 27 CFR 478.129 to remove language stating that FFL dealers and collectors need only keep AD Records and ATF Forms 4473 for up to 20 years following the date of sale or disposition of the firearm. (d) Destroyed frame or receiver. The proposed procedure would assist ATF more efficiently to determine the design and intent of the manufacturer of the item through its written statements, and by examining the objective design features of an actual sample along with any instructions, guides, templates, jigs, equipment, tools, or marketing materials that are made available to the purchaser or recipient of the item (though ATF is not limited to examining the items submitted to make its determination). Burden of Response: This includes recurring time burden of 1 minute. NFA provisions still refer to the Secretary of the Treasury. 26 U.S.C. Under Federal law, for example, certain firearm transactions must be conducted through Federal firearms licensees. In the case of a licensed collector, the term shall mean only curios and relics. With regard to silencer repairs, in order to avoid any appearance that an unlawful transfer has taken place, ATF recommends that an Application for Tax Exempt Transfer and Registration of Firearm, ATF Form 5, be submitted for approval prior to conveying the firearm for repair or identifying the firearm. tit. This third supplement would define frame or receiver to include in the case of a frame or receiver that is partially complete, disassembled, or inoperable, a frame or receiver that has reached a stage in manufacture where it may readily be completed, assembled, converted, or restored to a functional state. To determine this status, the Director may consider any available instructions, guides, templates, jigs, equipment, tools, or marketing materials. For clarification, partially complete for purposes of this definition means a forging, casting, printing, extrusion, machined body, or similar article that has reached a stage in manufacture where it is clearly identifiable as an unfinished component part of a weapon., This supplement addresses another core challenge of the existing, definition of firearm frame or receiver; namely, that it does not address the question when an object becomes a frame or receiver. The following are nonexclusive examples that illustrate this definition: (a) Firearm muffler or silencer frame or receiver. In May 2021, ATF published a proposed rule addressing certain regulatory definitions relevant to identification requirements for firearms, among other things. 4181, imposes on the manufacturer, producer, or importer an excise tax of 10% (pistols and revolver) or 11% (other firearms) on the sales price of firearms manufactured, produced, or imported, including complete, but unfinished, weapon parts kits. A Description of the Reasons Why Action by the Agency Is Being Considered, 2. Register (ACFR) issues a regulation granting it official legal status. The NPRM proposes adding a definition of privately made firearm to 27 CFR 478.11 to mean [a] firearm, including a frame or receiver, assembled or otherwise produced by a person other than a licensed manufacturer, and without a serial number or other identifying markings placed by a licensed manufacturer at the time the firearm was produced. The term would not include a firearm identified and registered in the NFRTR pursuant to chapter 53, title 26, United States Code, or any firearm made before October 22, 1968 (unless remanufactured after that date). 90-1097, at 2200 (April 29, 1968) (same). These courts' interpretation of ATF's regulations, if broadly followed, could mean that as many as 90 percent of all firearms now in the United States would not have any frame or receiver subject to regulation. (cough West Virginia v. EPA and New York State Rifle and Pistol Association v. Bruen . Accordingly, prohibited persons have easily obtained them. 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. Defining what a receiver or frame is, however, was left up to regulating agencies - in this case, the ATF. 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. Code tit. 18 U.S.C. No. See Baltimore police report a 400% increase in untraceable `ghost guns', The Baltimore Sun (Feb. 18, 2021), http://www.baltimoresun.com/news/crime/bs-pr-md-ci-cr-ghost-gun-ban-20210218-ae2dortu6ngn5llmfmq6yxtx6m-story.html;; Syracuse joins lawsuit against feds amid rise in ghost guns, WRVO Syracuse (Aug. 27, 2020), https://www.wrvo.org/post/syracuse-joins-lawsuit-against-feds-amid-rise-ghost-guns#stream/0;; Ghost Guns: The build-it-yourself firearms that skirt most federal gun laws and are virtually untraceable, CBS News (May 10, 2020), https://www.cbsnews.com/news/ghost-guns-untraceable-weapons-criminal-cases-60-minutes-2020-05-10/;;; Untraceable ghost guns proliferate as Philadelphia grapples with violence, The Morning Call (Mar. a. [6] from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) over its inability to trace unmarked firearms that have been used in shootings and other crimes in recent years. section 202.277; N.H. Rev. to the courts under 44 U.S.C. 3, 2018), https://www.nytimes.com/2018/03/03/us/politics/ar-15-americas-rifle.html (Once the patent expired in 1977, it opened the way for dozens of weapons manufacturers to produce their own models, using the same technology. section 45-6-209(b)(1)(C),(H); Tex. 601(6). Licensees must record each receipt (whether or not kept overnight) or other acquisition (including from a personal collection) and disposition (including to a personal collection) of a privately made firearm as required by this part, except that such information need not be recorded if the firearm is being identified under the direct supervision of another licensee with their information. Otherwise, we will not have tracing capability. 23, 2021), https://www.anu.edu.au/news/all-news/glock-ghost-guns-up-for-grabs-on-the-dark-web;; Spain dismantles workshop making 3D-printed weapons, BBC, (Apr. The label shall include the words ARMOR PIERCING in block letters at least 1/4 inch in height. 922(a)(6) and 924(a)(1)(A), or State law. Code section 371.157(4); Utah Code section 13-32a-104(1)(h)(i)(A); Va. Code Ann. (2) Model, caliber or gauge, foreign manufacturer, country of manufacture. Unknown number of FFLs manufacturers and importers (Definition of Receiver). [15] Because the agency has determined that it will, the agency has prepared an initial regulatory flexibility analysis as described in the RFA.
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