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. The intent of Congress, as indicated by the plain language and the statutory scheme of the GCA, is to regulateas a firearmthe frame or receiver of a firearm. This document has been published in the Federal Register. The proposed rule provides new regulatory definitions of firearm frame or receiver and frame or receiver because they are outdated. 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. Many kits that include unfinished frame or receivers have been sold by nonlicensees who were not required to run a background check or maintain transaction records. Any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; or any destructive device; but the term shall not include an antique firearm. Ann. Penal Law sections 265.50, 265.55 (prohibiting manufacture/possession of undetectable firearms); R.I. Gen. Laws section 11-47-8(e) (prohibiting possession of a ghost gun or an undetectable firearm or any firearm produced by a 3D printing process); Va. Code. However, that term is neither found in Federal law nor accepted by ATF. Antique firearm. 3d 469 (N.D. Ohio 2019), Testimony of ATF Firearms Enforcement Officer Daniel Hoffman at Doc. at 479.11. 552). at 924(m) (stealing a firearm from a licensee). 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. Specifically, this proposed rule would amend the definition of engaged in the business as it applies to a gunsmith in 27 CFR 478.11 to clarify the meaning of that term as someone 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.. of licensee; or Form 4473 Serial No. 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. 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. 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. 5845(a)(7); 27 CFR 478.11; id. 20. 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. A Description of, and Where Feasible, an Estimate of the Number of Small Entities to Which the Proposed Rule Will Apply, 4. The marking requirements for destructive devices are otherwise unchanged. * * * For purposes of this part, the term shall not include the temporary conveyance of a lawfully possessed firearm to a manufacturer or dealer qualified under this part for the sole purpose of repair, identification, evaluation, research, testing, or calibration, and return to the same lawful possessor. See 27 CFR parts 478, 479. First, there would be a general definition of frame or receiver with non-exclusive examples that illustrate the definition. Total Costs to Industry, Public, and Government (7% Discount Rate). section 54.1-4009(A)(1); Wash. Rev. 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. 27. The ATF Form 4473 is the primary evidence used to prosecute straw purchasers who buy firearms from a Federal firearms licensee on behalf of prohibited persons, such as felons, and other persons who could use them to commit a violent crime. ATF occasionally issues serial numbers for placement on firearms in which the serial numbers were not originally placed, see 26 U.S.C. A licensed manufacturer qualified under part 479 may transfer a part defined as a firearm muffler or firearm silencer to another qualified manufacturer without immediately identifying or registering such part provided that, upon receipt, it is actively used to manufacture a complete muffler or silencer device. As defined in 5 CFR 1320.3(c), collection of information comprises reporting, recordkeeping, monitoring, posting, labeling, and other similar actions. 1971) (starter guns converted in no more than 12 minutes to fire live ammunition were readily convertible under the GCA); United States v. Morales, 280 F. Supp. The serial number identified on each part of a weapon, including a weapon parts kit, defined as a frame or receiver must be the same number, but must not duplicate any serial number(s) placed by the licensee or maker on any other firearm. 2017) (complete UZI parts kits could `readily be converted to expel a projectile by the action of an explosive,' meeting the statute's definition of firearm under section 921(a)(3)(A) because the kits contained all of the necessary components to assemble a fully functioning firearm with relative ease); United States v. Stewart, 451 F.3d 1071, 1073 n.2 (9th Cir. 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. publication in the future. 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. [50], Nonetheless, like the definition of frame or receiver for projectile weapons, this sub-definition would be flexible enough to encompass changes in technology and parts terminology. Frame or receiver. 54. 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. 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). 3d 360, 368, 374 (E.D. 18 U.S.C. (b) Armor piercing ammunition. To ensure traceability if the parts are separated, there would no longer be an option only to mark the FFL's name, city, and state on the slide or barrel. Register documents. 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. In addition, if ATF cannot read your comment due to technical difficulties and cannot contact you for clarification, ATF may not be able to consider your comment. [78] Thus, while the alternative requested by that petition would reduce the cost by reducing the number of entities affected, it does not fully address the objectives of this proposed rule. 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. 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. [36], Although clarifying the definition of frame or receiver in this rule would help the firearms industry and the public understand which part of a complete weapon is the regulated frame or receiver, and more commercially manufactured frames or receivers are likely to be marked by licensed manufacturers as a result, PMFs are increasingly being made or 3D printed at home without any identifying marks, recordkeeping, or background checks. 59. Unknown number of FFLs manufacturers and importers (Definition of Receiver). 552). 5842(b), or were accidentally removed, damaged, or worn due to routine use or other innocent reason. ATF Releases Final Version of Pistol Brace Rule. 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. 5527 (March 22, 1965).[2]. During debate on the GCA and related bills introduced to address firearms trafficking, Congress recognized that regulation of all firearm parts was impractical. 2010) (The direct tracing of the chain of custody of firearms involved in crimes is one useful means by which serial numbers assist law enforcement. However, the cost, capabilities, and availability of 3D printers are quickly improving. However, the Homeland Security Act of 2002, Public Law 107-296, 116 Stat. The term frame or receiver shall 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. See United States v. Smith, 642 F.2d 1179, 1182 (9th Cir. A process that is fairly or reasonably efficient, quick, and easy, but not necessarily the most efficient, speedy, or easy process. No. 1993) (revolver with hammer filed down); United States. establishing the XML-based Federal Register as an ACFR-sanctioned section 18.2-308.5 (prohibiting possession of undetectable firearms); Wash. Rev. In 479.103, at the end of the third sentence, add , except as provided in 479.102(b)(4).. Just like people used to do without government intrusion back in 1791 and before. See Broughman v. Carver, 624 F.3d 670 (4th Cir. 64. 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. documents in the last year, 973 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). In the case of a destructive device, the Director may authorize other means of identification or period of time to identify that weapon upon receipt of a letter application or Form 3311.4 from the licensee. The rule, which President Joe Biden requested as part of . documents in the last year, 12 See Public Law 90-351, sec. 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. Some states allow for person to person transfers. 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. 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; on Further, the Department proposes amendments to ATF's regulations on marking and recordkeeping that are necessary to implement these new or amended definitions. 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. section 202.277; N.H. Rev. These can be useful Code Pub. This change would be consistent with the definition of transfer in 26 U.S.C. See 50 FR 26702 (June 28, 1985). The amended complaint adds a statement that: the "final rule" violates the First Amendment, because it includes a prohibition on the distribution of information regarding unfinished firearms parts. Stat. at 479.102(e); ATF Ruling 2012-1. 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. The significant alternatives considered are set forth in Section IV(A)(9) of this preamble. has no substantive legal effect. 837, 841 (1968) (literal application of the definition of taxpayer in section 7701(a)(14) was avoided where it was manifestly incompatible with the intent of other sections of the IRC); Davis v. Commissioner, 30 T.C. On Friday, January 13, the Biden administration's DOJ and ATF enacted perhaps the most anti-gun rule in a generation. tit. In addition, ATF will disclose such proprietary or confidential business information to the extent required by other legal process. if such forms filed numerically; i. section 18-12-103; Conn. Gen. Stat. 2003-4 (Sten type receivers). [28] If no portion of split/multi-piece frames or receivers were subject to any existing regulations, such as marking, recordkeeping, or background checks, law enforcement's ability to trace semiautomatic firearms later used in crime would be severely impeded. The rule will go into effect on August 24, 2022; 120 days from the date of publication in the Federal Register. [35] Such privately made firearms have and will continue to make their way to the primary market in firearms throughout the licensed community. Agencies review all submissions and may choose to redact, or withhold, certain submissions (or portions thereof). 17. See also H.R. These tools are designed to help you understand the official document [21], The GCA insists that the dealer keep certain records, to enable federal authorities both to enforce the law's verification measures and to trace firearms used in crimes. Abramski v. United States, 573 U.S. 169, 173 (2014) (citing H. Rep. No. Be signed and contain the commenter's complete first and last name and full mailing address; and. For more details, please refer to Chapter 4 of the Regulatory Impact Analysis.Start Printed Page 27737. 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. For additional requirements relating to imported firearms, see Customs regulations at 19 CFR part 134. . Register, and does not replace the official print version or the official 116-88, at 2 (May 28, 2019). From January 1, 2016, through March 4, 2021, ATF could only complete traces of suspected PMFs recovered by law enforcement to an individual purchaser in approximately 151 out of 23,946 attempts, generally by tracing a serial number engraved on a handgun slide, barrel, or other firearm part not currently defined as a frame or receiver, but recorded by licensees in the absence of other markings. if licensee, or Form 4473 Serial No. ATF considered various alternatives when preparing this proposed rule. Stat. At the rear of the receiver, the butt or stock is fastened. All properly completed comments received will be posted without change to the Federal eRulemaking portal, www.regulations.gov,, including any personal information provided. 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. In 479.112(a), second sentence, remove the words serial number and add in their place the words serial number(s). Counts are subject to sampling, reprocessing and revision (up or down) throughout the day. sections 6110.2, 6117; R.I. Gen. Laws section 11-47-24; S.C. Code. Please bear in mind that these illustrations do not necessarily depict importable firearms. For additional requirements relating to imported firearms, see Customs regulations at 19 CFR part 134. (ii) Destructive devices. Further, under the proposed rule, weapon parts kits with partially complete frames or receivers containing the necessary parts such that they may readily be completed, assembled, converted, or restored to expel a projectile by the action of an explosive would be firearms for which each frame or receiver of the weapon, as defined under this rule, would need to be marked. In addition, the proposed changes to 478.124 would include a minor technical amendment to paragraph (f) by removing a phrase that indicates that a Federal firearms licensee must fill out the firearm description information only after filling out the information about the transferee. The total 10-year discounted cost of the rule is $1.0 million and $1.2 million at 7 percent and 3 percent respectively. at 922(j) (receiving, possessing, concealing, storing, bartering, selling, disposing, or pledging or accepting as security for a loan any stolen firearm which has moved in interstate or foreign commerce); id. See Ala. Code section 13A-11-64; Alaska Stat. 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. 63. 921(a)(3)(A) even if they cannot expel a projectile in their present form or configuration. Like the AD Record, this form requires licensees to record the manufacturer and importer, model (if designated), serial number, type, and caliber or gauge of the firearm. See, e.g., Lewis v. United States, No. 2010) (distinguishing dealer-gunsmiths from manufacturers). Laws section 446.205(5)(1),(4); Minn. Stat. Firearm Frame or Receiver a. Non-FFL manufacturers are anticipated to be small and would potentially have a significant impact on their individual revenue. ATF will make all comments meeting the requirements of this section, whether submitted electronically or on paper, available for public viewing at ATF and on the internet through the Federal eRulemaking Portal, and subject to the Freedom of Information Act (5 U.S.C. First, the marks are used by Federal firearms licensees to effectively track their firearms inventories and maintain all required records. at 922(u) (stealing a firearm that has been shipped or transported in interstate or foreign commerce from the person or premises of an FFL); id. (implementing GCA, Title II). There is no minimum utility or lethality requirement in the GCA or NFA for an item to be considered a weapon. Cf. 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. 72. [1] 18. See 18 U.S.C. 7801(a)(2)(A); id. c. In paragraph (a)(2)(vii), remove serial number and add in its place serial number(s). 35. Any such part identified with a serial number shall be presumed, absent an official determination by the Director or other reliable evidence to the contrary, to be a frame or receiver. Forbes.com (Jan. 20, 2017) https://www.forbes.com/sites/frankminiter/2017/01/20/a-star-is-born-u-s-army-chooses-sig-sauer-p320-for-its-new-service-pistol/. 921(a)(24); 26 U.S.C. better and aid in comparing the online edition to the print edition. 18 U.S.C. The 107-page document was made public by Stephen Gutowski at The Reload last month, and . 3d 1038, 1041 (N.D. Cal. 901(a), 82 Stat. 75. 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. Under the GCA, licensed manufacturers and importers must identify the frame or receiver of each firearm, including a firearm muffler or silencer, with a serial number in accordance with regulations. (2) Destructive devices. 27 CFR 478.11 (implementing GCA, Title I); 27 CFR 479.11[5] Due to the possibility that a firearm may have more than one frame or receiver as defined in this rule, and the changes to marking regulations, this rule would make technical amendments to these recordkeeping regulations to make certain words plural, (e.g., manufacturer(s), importer(s), and serial number(s)) in the regulations and for the formatting of their records as applicable. A firearm other than a muffler or silencer that contains all component parts necessary to function as designed whether or not assembled or operable. the official SGML-based PDF version on govinfo.gov, those relying on it for In the table Firearms Acquisition and Disposition Record remove Name and address or name and license No. and add in its place Name and address of nonlicensee; or if licensee, name and License No., and remove Address or License No. 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). 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] Codified Laws 22-14-5; Tenn. Code Ann. Revise the definition of Frame or receiver; d. Add a sentence at the end of the definition of Transfer. 922(p), which prohibits the manufacture and possession of firearms that are not as detectable as the Security Exemplar that contains 3.7 ounces of material type 17-4 PH stainless steel.[67]. This critical stage of manufacture is when the article becomes sufficiently complete to function as a frame or receiver, or may readily be completed, assembled, converted, or restored to accept the parts it is intended to house or hold.[53]. This was considered and incorporated into the proposed alternative, where feasible. 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. 15229 (June 24, 1986) (Statement of Rep. Hughes) (In order for the law enforcement Firearm Tracing Program to operate, some minimal level of recordkeeping is required [for sales from dealers' personal collections]. Rul. 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. This definition and factors considered in determining whether a weapon, including a weapon parts kit, or unfinished or damaged frame or receiver may readily be assembled, completed, converted, or restored to function are based on case law interpreting the terms may readily be converted to expel a projectile in 18 U.S.C. United States v. Rowold, 429 F. Supp. 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. ATF's decision whether to classify an item voluntarily submitted is entirely discretionary. 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