better and aid in comparing the online edition to the print edition. This proposed rule would call for collections of information under the Paperwork Reduction Act of 1995 (44 U.S.C. Because under the NFA each individual part of a firearm muffler or silencer is a firearm[47] In 478.50(a), add the phrase or as otherwise provided in 478.129 after at the licensed premises served by such warehouse. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995, Public Law 104-4, 109 Stat. For the most part, individuals currently make PMFs from parts kits produced commercially, not by using 3D printers. The Polymer 80 assembly, for example, may be completed in under thirty minutes. 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. . The significant alternatives considered are set forth in Section IV(A)(9) of this preamble. (a) Identification required. Accordingly, the Department and ATF have promulgated regulations implementing both the GCA and the NFA. 923(g)(6); 27 CFR 478.39a(b). Partially Complete, Disassembled, or Inoperable Firearm Kits, 1. . Bureau of Alcohol, Tobacco, Firearms and Explosives. 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). The short answer is that an "other firearm" is one that is designed to be fired with 2 hands, does not have a stock and has an overall length that exceeds 26. Additionally, more firearm manufacturers began incorporating a striker-fired mechanism rather than a hammer in the firing design. Although this addition is intended to capture when an item becomes a frame or receiver that is regulated irrespective of the type of technology used to complete the assembly, frame or receiver molds that can accept metal or polymer, unformed blocks of metal, and other articles only in a primordial state would notwithout morebe considered a partially complete frame or receiver. This would require all firearms purchased by individuals to be retroactively serialized. This could potentially pose an enforcement issue that may not be resolved for years if not decades. 11 section 1459; Fla. Stat. This proposed rule will not result in the expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector of $100 million or more in any one year and it will not significantly or uniquely affect small governments. [19], The problem of untraceable firearms being acquired and used by violent criminals and terrorists is international in scope. 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. 25. Tr., Page ID 557 (approximately 10% of currently manufactured firearms in the United States include the three components in the frame or receiver definition); and Defense Expert Daniel O'Kelly at Doc. 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. [FR Doc. Penal Law section 265.02(3); N.C. Gen. Stat. In semiautomatic pistols, the frame or housing is sometimes referred to as the receiver.). See 27 CFR 479.101(b); 478.92(a)(4)(iii); 479.102(f)(1). Years after these definitions were published, split/multi-piece receiver firearms, such as the AR-15 semiautomatic rifle (upper receiver and lower receiver), Glock semiautomatic pistols (upper slide assembly and lower grip module), and Sig Sauer P320 (M17/18 as adopted by the U.S. military) (upper slide assembly, chassis, and lower grip module), became popular. This PDF is 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. to expel a projectile by the action of an explosive are firearms under the GCA. Stat. Rev. 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. 52. The following is a nonexclusive list of such weapons and the specific part identified as the frame or receiver as they existed on [date of publication of the final rule]: (i) Colt 1911-type, Beretta/Browning/FN Herstal/Heckler Koch/Ruger/Sig Sauer/Smith Wesson/Taurus hammer fired semiautomatic pistols: The lower portion of the pistol, or grip, that provides housing for the trigger mechanism and hammer, and a structure designed to integrate the slide rails. Stat. While a frame or receiver is clearly within the statutory definition of what constitutes a firearm under the GCA, 18 U.S.C. See Cal. Code Pub. 2016) ([A] receiver must have the housing for three elements: hammer, bolt or breechblock, and firing mechanism.); United States v. Joseph Roh, SACR 14-167-JV, Minute Order p. 6 (C.D. Stat. 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). Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and. Since PMFs are not Start Printed Page 27735commercially manufactured, if a PMF were received or otherwise acquired by a licensee or disposed of, or imported, the abbreviation PMF would be recorded as the manufacturer in the appropriate column on a licensee's acquisition and disposition record, ATF Form 4473, or import application, as well as the PMF serial number beginning with the abbreviated FFL number in the serial number column. See 81 FR 26764 (May 4, 2016). The Attorney General may also inspect or examine any records relating to firearms involved in a criminal investigation that is traced to the licensee, or firearms that may have been disposed of during the course of a bona fide criminal investigation. What is the ATF definition of a firearm? In paragraph (c)(4), remove manufacturer and add in its place manufacturer(s), remove the words importer (if any) and add in their place importer(s) (if any) of the firearm or privately made firearm (if privately made in the United States), and remove the words serial number and add in their place serial number(s); and. 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 4. ATF estimates that this rule could potentially affect 132,023 entities, including all FFLs and non-FFL manufactures and retailers of firearm kits, but anticipates that the majority of entities affected by this rule would experience minimal or no additional costs. A Matter of Purpose: Striker Fire vs. Hammer Fire, Small Arms Defense Journal (June 8, 2018), http://www.sadefensejournal.com/wp/a-matter-of-purpose-striker-fire-vs-hammer-fire/ (Even though Glock wasn't the first to use striker fire on pistols, Glock can be credited for making the striker fire popular in the 1980s when they started using striker fire in their entire line of pistols. United States v. Thompson/Center Arms, 504 U.S. 505, 513, n.6 (1992) (a rifle was made under the NFA when a pistol was packaged together with a disassembled rifle parts kit); United States v. Hunter, 843 F. Supp. 5 U.S.C. The total 10-year discounted cost of the rule is $1.0 million and $1.2 million at 7 percent and 3 percent respectively. 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. However, the cost, capabilities, and availability of 3D printers are quickly improving. 923(g)(1)(A); 27 CFR 478.124. Document page views are updated periodically throughout the day and are cumulative counts for this document. 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. 3:27 pm. 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. Transfer. 68. 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). Penal Code section 31.11; Utah Code section 76-10-521 (handguns); Va. Code Ann. 32. [54] Fin. This proposed rule would update the new definition of frame or receiver, among other items. 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. Agencies review all submissions and may choose to redact, or withhold, certain submissions (or portions thereof). The proposed rule would result in a one-time cost for contract gunsmithing, estimated to be $180,849. A firearm other than a firearm muffler or firearm silencer that contains all component parts necessary to function as designed whether or not assembled or operable. 62-169 (IRS RRU), 1962-2 C.B. [1] 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. 76. Both the cover sheet and comment must reference this docket number (2021R-05). Stat. (d) Records of importation and manufacture. Of the potential number of licensed dealers and licensed pawnbrokers, ATF estimates that those directly affected would be a one-time surge of 5,298 licensed dealers, 710 licensed pawnbrokers, and 36 non-licensed dealers that would be affected. The industry cost for this section is $563,340. While this proposal assures that they won't change their rulings on what parts constitute, legally, a . The serial number(s) must be placed in a manner otherwise in accordance with this section, including the requirements that the serial number(s) be at the minimum size and depth, and not susceptible of being readily obliterated, altered, or removed. 6. iii. 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. The systematic tracking of firearms from the manufacturer or U.S. importer to the retail purchaser also enables law enforcement agencies to identify suspects involved in criminal violations, determine if a firearm is stolen, and provide other information relevant to a criminal investigation. For complete information about, and access to, our official publications 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. if Forms 4473 filed numerically would be retitled Address of nonlicensee; License No. Cent. (c) Voluntary classification of firearms. It also does not address potential changes in firearms terminology. [79] 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. 3d 469 (N.D. Ohio 2019), Testimony of ATF Firearms Enforcement Officer Daniel Hoffman at Doc. United States v. Sands, 948 F.3d 709, 719 (6th Cir. 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]. a. Document Drafting Handbook 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). 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. ATF occasionally issues serial numbers for placement on firearms in which the serial numbers were not originally placed, see 26 U.S.C. See Internal Colt Memorandum from B. Northrop, Feb. 2, 1973, p.2 (noting that there were 2,752,812 military versus 25,774 civilian (Sporters) serialization of AR-15/M-16 rifles then manufactured). For more specific details regarding the need for regulation, please refer to the specific chapters pertaining to each provision of this proposed rule. Manufacturers of such parts kits must be licensed, abide by the marking and recordkeeping requirements, and pay Federal Firearms Excise Tax on their sales price. Destructive device. 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. 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]). The lack of firearm description information in theft/loss reports makes it difficult for ATF to match recovered firearms with those reported as lost or stolen, thereby hindering ATF's efforts to enforce the numerous provisions of the GCA that prohibit thefts. a. 926(a); 26 U.S.C. 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, 902(i). 923(g)(1)(D); 27 CFR 478.125(f) (disposition records of a Federal firearms licensee's personal collection firearms must contain a complete description of the firearm); House Consideration and Passage of S.2414, 99th Cong., 2d Sess., 132 Cong. 26 U.S.C. a. should verify the contents of the documents against a final, official 1994) (shotgun with broken firing pin); United States v. Ruiz, 986 F.2d 905, 910 (5th Cir. (a) Each licensed manufacturer shall record the name of the manufacturer(s), importer(s) (if any) and/or privately made firearm (if privately made in the United States), type, model, caliber or gauge, and serial number(s) of each firearm manufactured or otherwise acquired (including a frame or receiver to be disposed of separately), the date of such manufacture or other acquisition, and if otherwise acquired, the name and address or the name and license number of the person from whom it was received. (c) The Director may authorize alternate records to be maintained by a licensed importer to record the acquisition and disposition of firearms and armor piercing ammunition when it is shown by the licensed importer that such alternate records will accurately and readily disclose the information required by this section. Code Ann. For the reasons discussed in the preamble, 27 CFR parts 447, 478, and 479 are proposed to be amended as follows: 1. 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; As the Supreme Court stated in District of Columbia v. Heller, 554 U.S. 570, 626-27 n.26 (2008), presumptively lawful regulatory measures include those imposing conditions and qualifications on the commercial sale of arms. See also United States v. Marzzarella, 614 F.3d 85, 99 (3d Cir. [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 lettering shall be located on the exterior surface of the package which contains information concerning the caliber or gauge of the ammunition. ATF Releases Final Version of Pistol Brace Rule. 31. Federal Register provide legal notice to the public and judicial notice Some states allow for person to person transfers. The term frame or receiver shall have the same meaning as in 27 CFR 478.11. 75. [35] 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. In turn, these firearms are progressively finding their way to licensees who may wish to acquire them so they can advertise and market them broadly, or who may repair, customize, or accept them as security in pawn for a loan. 18 U.S.C. So it appears that not only are they going to soon restrict 80% receivers, but they also want to call an AR-15 Upper Receiver a "firearm." Just how this would be implemented is not clear. 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. Stat. Some of these parts kits contain most or all of the components (finished or unfinished) necessary to complete a functional weapon within a short period of time. Democrats often refer to such guns as "ghost guns," claiming they present a way to bypass gun control. nextgov.com (Mar. Except as provided in paragraph (b)(4) of this section, each part defined as a frame or receiver, machine gun, or firearm muffler or firearm silencer, that is not a component part of a complete weapon or device at the time it is sold, shipped, or otherwise disposed of by you must be identified as required by this section with a serial number not duplicated on any other firearm and all additional identifying information, except that the model designation and caliber or gauge may be omitted if that information is unknown at the time the part is identified. The proposed rule would also amend ATF's definitions of firearm and gunsmith to clarify the meaning of those terms, and to add new regulatory terms such as complete weapon, complete muffler or silencer device, privately made firearm, and readily for purposes of clarity given advancements in firearms technology. Rec. Such information shall be recorded in a format containing the applicable columns below, except that for armor piercing ammunition, the information and format shall also include the quantity of projectiles: Importer's or Manufacturer's Firearms Acquisition and Disposition Record, Importer's or Manufacturer's Armor Piercing Ammunition Disposition Record. The information required by this paragraph shall be recorded not later than 15 days following the date of importation or other acquisition in a format with the applicable columns set forth in paragraph (b) of this section. 22. Neither the GCA nor the NFA explain at what point in the manufacturing process the required markings must be placed. 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. The information required by this paragraph shall be recorded in a format containing the applicable columns prescribed by 478.122.Start Printed Page 27750. 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. The Public Inspection page may also Mich. 1994) (If Defendants believe that machinegun conversion kits are not in and of themselves `weapons' under 921(a)(3), they forget that that section clearly envisions machineguns as weapons.); United States v. Drasen, 845 F.2d 731, 736-37 (7th Cir. We ask for public comment on the proposed collection of information to help us determine how useful the information is; whether it can help us perform our functions better; whether it is readily available elsewhere; how accurate our estimate of the burden of collection is; how valid our methods for determining burden are; how we can improve the quality, usefulness, and clarity of the information; and how we can minimize the burden of collection. 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. shoulder, provided other factors, as listed in the definition, indicate the weapon is designed and intended to be fired from the shoulder. See United States v. Dodson, 519 F. App'x 344, 352-53 (6th Cir. Alternate Means or Period of Identification, 7. This rule is consistent with ATF enforcement policy. Stat. Tr. 1973) (machinegun that would take around an eight-hour working day in a properly equipped machine shop was readily restored to shoot); United States v. 16,179 Molso Italian .22 Caliber Winler Derringer Convertible Starter Guns, 443 F.2d 463 (2d Cir. are not part of the published document itself. 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?' 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. i. 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] 56. 601(6). For PMFs acquired by licensees before the effective date of the rule, licensees would be required to mark or cause them to be marked by another licensee either within 60 days from that date, or before the date of final disposition (including to a personal collection), whichever is sooner. See, e.g., Pierre v. Commissioner, 133 T.C. 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). 922(a)(5) (prohibiting any person other than a licensee, subject to certain limited exceptions, from selling or delivering a firearm to an unlicensed out of state resident). Stat. section 29-36; Del. 1250 (1938); 26 CFR 177.10 (repealed) (emphasis added). 2007) (describing the tracing process). 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. section 18.2-308.5 (prohibiting possession of undetectable firearms); Wash. Rev. Licensees shall identify in the manner prescribed by this section, or cause another licensee to so identify, each privately made firearm received or otherwise acquired (including from a personal collection) by the licensee before [EFFECTIVE DATE OF THE FINAL RULE] within sixty (60) days from that date, or prior to the date of final disposition (including to a personal collection), whichever is sooner. 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. e. In paragraph (c)(2)(vii), remove the words serial number and add in their place serial number(s).
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