atf definition of other firearm

This would not affect future production because this work would be part of their normal operations in creating new firearms. (3) Frame or receiver, machine gun conversion part, or silencer part disposed of separately. Stat. Commonly referred to as ghost guns, these privately made firearms (PMFs), when made for personal use, are not required by the GCA to have a serial number placed on the frame or receiver, making it difficult for law enforcement to determine where, by whom, or when they were manufactured, and to whom they were sold or otherwise disposed. See United States v. Dodson, 519 F. App'x 344, 352-53 (6th Cir. (3) Meaning of marking terms. The serial number identified on each part of a weapon defined as a frame or receiver must be the same number, but must not duplicate any serial number(s) placed by the licensee on any other firearm. There may be future changes in firearms technology or terminology resulting in housings or holding structures for new or different components that initiate, complete, or continue the firing sequence of weapons that expel a projectile by the action of an explosive. However, in order to enforce the regulation, a complete grandfathering of existing firearms and silencers is problematic in that manufacturers could continue to Start Printed Page 27738produce non-compliant firearm frames or receivers and falsely market them as grandfathered firearms. 18 U.S.C. The ATF will use a six-factor system to determine whether a modified firearm meets the clarified definition of a rifle, and would hence be subject to additional regulations. 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. Stat. Statutory and Executive Order Review, 1. 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. 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. 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. Code section 62.1-03-05; Ohio Rev. 27 CFR 478.11. developer tools pages. Otherwise, we will not have tracing capability. 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, if Forms 4473 filed numerically would be retitled Address of nonlicensee; License No. See 18 U.S.C. [7], Although ATF's regulatory definitions of frame or receiver do not expressly capture these types of firearms (i.e., split/multi-piece receivers) that now constitute the majority of firearms in the United States,[8] Even though they generally cannot function to expel a projectile when sold, weapon parts kits are still weaponsreal combat instruments, such as pistols, revolvers, rifles, or shotgunsin an unassembled, unfinished, and/or incomplete state or configuration. Stat. About the Federal Register 26 U.S.C. For purposes of this definition, the term destroyed means that the frame or receiver has been permanently altered not to provide housing or a structure that may hold or integrate any fire control or essential internal component, and may not readily be assembled, completed, converted, or restored to a functional state. When a partially complete frame or receiver parts kit reaches a stage in manufacture where it may readily be completed, assembled, converted, or restored to a functional state, it would be considered a firearm frame or receiver that must be marked. Revise the definition of Engaged in the business paragraph (d) Gunsmith and the definition of Firearm; c. Remove the definition of Firearm frame or receiver; and. 5 U.S.C. (v) Firearms designed and configured before [EFFECTIVE DATE OF THE FINAL RULE]. 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. Paper forms over 20 years of age may be stored at a separate warehouse, which shall be considered part of the business premises for this purpose and subject to inspection under this part. For convenience, this notice of proposed rulemaking uses machinegun except when quoting a source to the contrary. 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. Code section 2923.201; Okla. Stat. Executive Order 13563 (Improving Regulation and Regulatory Review) emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. tit. A muffler or silencer that contains all component parts necessary to function as designed whether or not assembled or operable. A licensed manufacturer qualified under this part may transfer a replacement part defined as a muffler or silencer other than a frame or receiver to a qualified manufacturer or dealer without identifying or registering such part provided that, upon receipt, it is actively used to repair a complete muffler or silencer device that was previously identified and registered in accordance with this part. 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.). Tr. 107449, 2019 WL 2156402 (Ct. App. Democrats often refer to such guns as "ghost guns," claiming they present a way to bypass gun control. 47. An accurate firearm description is necessary to trace a firearm and is required to be recorded by a person licensed to engage in the business of manufacturing, importing, or dealing in firearms, or by a licensed collector of curio or relic firearms, regardless of whether it is a business or personal firearm. However, if there is a present or future split or modular design for a firearm that is not comparable to an existing classification, then the definition of frame or receiver would advise that more than one part is the frame or receiver subject to marking and other requirements, unless a specific classification or marking variance is obtained from ATF, as described above. 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. 599A(b)(1); 28 CFR 0.130(a)(1)-(2). Rev. that has reached a stage in manufacture where it can readily be made into a functional frame or receiver, that article would be a frame or receiver under the GCA. The plain language of the definition of firearm in 18 U.S.C. 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. In 479.112(a), second sentence, remove the words serial number and add in their place the words serial number(s). This classification is not new but has become more popular as new other firearm models like the Modern Materiel MODMAT-SBF and MODMAT WARTIME SBF have come to market. In 478.50(a), add the phrase or as otherwise provided in 478.129 after at the licensed premises served by such warehouse. at 479.11. This is consistent with prior ATF guidance to the firearms industry. section 21-41(c); Del. Be legible and appear in minimum 12 point font size (.17 inches); 3. (b) Armor piercing ammunition. For more details, please refer to Chapter 2 of the Regulatory Impact Analysis.[77]. 34. See 111 Cong. See Ala. Code section 13A-11-64; Alaska Stat. (h) Feasibility, i.e., whether the process would damage or destroy the subject of the process, or cause it to malfunction. section 56-12-9(A)(3); N.C. Gen. Stat. ATF has encountered some firearms retailers who have destroyed large numbers of records more than 20 years old so that they would no longer need to be stored physically. Table 1Summary of Affected Population, Costs, and Benefits, The proposed definition of this term would maintain current classifications and current marking requirements of firearm frames or receivers, except that the licensed manufacturer or importer must mark on new designs or configurations 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 their abbreviated FFL number, on each part defined as a frame or receiver, along with the serial number. These proposed rules are intended to reduce the practical and administrative problems of marking and registering silencer parts by the regulated industry, and avoid a potential resource burden on ATF to process numerous tax-exempt registration applications with little public safety benefit.[72]. This means that in order to legally possess the firearm in this configuration, it must be registered with the ATF and the owner . 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. [43] 19. 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. 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. 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?' Add definitions for Complete muffler or silencer device and Complete weapon; b. It also does not address potential changes in firearms terminology. See FFL Newsletter, Sept. 2011, p.5. Although weapon parts kits in their unassembled, incomplete, and/or unfinished state or configuration generally will not expel a projectile by the action of an explosive at the time of sale or distribution, weapon parts kits that are designed to[39] Indeed, the internet is replete with people with no experience completing these firearms. Rul. 921(a)(24); 26 U.S.C. In view of advancements in electronic scanning and storage technology, and ATF's acceptance of electronic recordkeeping, these amendments would reverse a 1985 rulemaking allowing non-manufacturer/importer Federal firearms licensees to destroy their records after 20 years. 7805. a. 53. Acceptable methods of destruction include completely melting, crushing, or shredding the frame or receiver, or by completely severing at least three critical areas of the frame or receiver using a cutting torch having a tip of sufficient size to displace at least 1/4 inch of material at each location. The label shall include the words ARMOR PIERCING in block letters at least 1/4 inch in height. Accordingly, the Department and ATF have promulgated regulations implementing the GCA and NFA. Rec. 922(a)(1)(A); id. While this alternative minimizes cost, it does not meet any of the objectives outlined in this proposed rule. 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. Recordkeeping for Privately Made Firearms, III. The ATF is asserting that tools and information on how to make frames or receivers are, essentially frames and receivers. on on 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). No. In 479.90(b), remove the words manufacturer, wherever they may be, and add in their place manufacturer(s), remove the word importer and add in its place importer(s), and remove the words serial number and add in their place serial number(s). When used in this part, the term serial number shall mean the importer's or manufacturer's serial number.. section 66-391(b)(1); Ohio Rev. e. In paragraph (c)(2)(vii), remove the words serial number and add in their place serial number(s). 01/18/2023, 284 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. c. In paragraph (b)(2)(ii), add or privately made firearm (if privately made in the United States) after ammunition. 2017) (pistol with broken trigger and numerous missing internal parts was a weapon designed to expel a projectile by the action of an explosive); United States v. Dotson, 712 F.3d 369 (7th Cir. section 40:1788; Me. Using the information obtained from those required records, ATF then contacts each licensed dealer or other licensee who recorded their receipt and disposition to locate the first unlicensed purchaser to help find the perpetrator or otherwise solve the crime. Some states allow for person to person transfers. In paragraph (a)(2)(ii), remove manufacturer of the defense article and add in its place manufacturer(s) of the defense article or privately made firearm (if privately made in the United States); b. Certain provisions may have a significant impact on certain small entities, such as non-FFL manufactures of firearm parts kits with incomplete firearm frames or receivers. 921(a)(3); 27 CFR 478.11 (emphasis added). at (a)(21)(D); 132 Cong. Rec. [51], This second supplement explains that ATF may determine in the case of a firearm with more than one part that provides housing or a structure designed to hold or integrate one or more fire control or essential components whether one or more specific part(s) of a weapon is the frame or receiver, which may include an internal frame or chassis at least partially exposed to the exterior to allow identification. 3:12-0522, 2012 WL 5198090, at *4 (M.D. 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. See, e.g., Kissimmee Man Sentenced To Five Years In Prison For Manufacturing Over 200 Ghost Guns Without A License, D.O.J Office of Public Affairs (June 12, 2018), https://www.justice.gov/usao-mdfl/pr/kissimmee-man-sentenced-five-years-prison-manufacturing-over-200-ghost-guns-without;; Grass Valley Man Sentenced to 5 Years in Prison for Unlawfully Manufacturing Ghost Guns and Selling Them on Dark Web, DOJ Office of Public Affairs (Sept. 21, 2018), https://www.justice.gov/usao-edca/pr/grass-valley-man-sentenced-5-years-prison-unlawfully-manufacturing-ghost-guns-and;; Rhode Island Man Charged with Building, Selling Ghost Machine Gun, DOJ Office of Public Affairs (Dec. 12, 2018), https://www.justice.gov/usao-ri/pr/rhode-island-man-charged-building-selling-ghost-machine-gun;; Conroe Man Ordered to Prison for Making Ghost Guns, DOJ Office of Public Affairs (Feb. 21, 2019) https://www.justice.gov/usao-sdtx/pr/conroe-man-ordered-prison-making-ghost-guns;; Seven Felons Indicted, Dozens of Firearms Seized as Part of Investigation Targeting Criminal Gun Sales in Orange County, DOJ Office of Public Affairs (Oct. 10, 2019), https://www.justice.gov/usao-cdca/pr/seven-felons-indicted-dozens-firearms-seized-part-investigation-targeting-criminal-gun;; Man Sentenced to 15 Years for Trafficking Ghost Guns and Drugs, DOJ Office of Public Affairs (Feb. 14, 2020), https://www.justice.gov/usao-edva/pr/man-sentenced-15-years-trafficking-ghost-guns-and-drugs;; Tampa Man Sentenced To Over Five Years For Manufacturing Counterfeit Credit Cards, Fake IDs, And Illegal Firearms, DOJ Office of Public Affairs (June 26, 2020), https://www.justice.gov/usao-mdfl/pr/tampa-man-sentenced-over-five-years-manufacturing-counterfeit-credit-cards-fake-ids-and;; Alleged Dealer of Ghost Guns and Machinegun Conversion Devices Arraigned, DOJ Office of Public Affairs (July 15, 2020), https://www.justice.gov/usao-edva/pr/alleged-dealer-ghost-guns-and-machinegun-conversion-devices-arraigned;; Connecticut Man Charged with Firearm Trafficking, DOJ Office of Public Affairs (Aug. 12, 2020), https://www.justice.gov/usao-ma/pr/connecticut-man-charged-firearm-trafficking;; Operation `Black Phoenix' Leads to Federal Charges Against 25 Who Allegedly Engaged in Illegal Narcotics and Firearms Sales, DOJ Office of Public Affairs (Sept. 15, 2020), https://www.justice.gov/usao-cdca/pr/operation-black-phoenix-leads-federal-charges-against-25-who-allegedly-engaged-illegal;; D.C. Identification of firearms and armor piercing ammunition. See, e.g., United States v. Powell, 467 F. Supp. (ii) Destructive devices. Currently, licensees other than manufacturers and importers do not have to store their ATF Forms 4473 or AD records beyond 20 years. 11 section 1459; Fla. Stat. As a threshold matter, the new definition makes clear that a frame or receiver must be visible to the exterior when the complete weapon is assembled so that licensees can quickly record the identifying markings, and law enforcement officers who recover the weapon can easily see the identifying markings for tracing purposes. Licensed manufacturers and licensed importers may adopt the serial number(s) or other identifying markings previously placed on a firearm in accordance with this section provided that, within the period and in the manner herein prescribed, the licensee legibly and conspicuously places, or causes to be placed, on each part (or specific part(s) previously determined by the Director) defined as a frame or receiver 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 their abbreviated Federal firearms license number, which is the first three and last five digits, followed by a hyphen, and then followed by the existing serial number (including any other abbreviated FFL prefix) as a suffix, e.g., 12345678-[serial number]. 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. For complete information about, and access to, our official publications 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. In making this determination, the Director will consider the following factors, with no single factor being controlling: (i) Which component the manufacturer intended to be the frame or receiver; (ii) Which component the firearms industry commonly considers to be the frame or receiver with respect to the same or similar firearms; (iii) How the component fits within the overall design of the firearm when assembled; (iv) The design and function of the fire control components to be housed or integrated; (v) Whether the component may permanently, conspicuously, and legibly be identified with a serial number and other markings in a manner not susceptible of being readily obliterated, altered, or removed; (vi) Whether classifying the particular component is consistent with the legislative intent of the Act and this part; and. is not designed or redesigned for using rimfire or conventional centerfire . For the most part, individuals currently make PMFs from parts kits produced commercially, not by using 3D printers. 2d 262, 272-73 (S.D.N.Y. on (iv) Size and depth of markings. For comments submitted by mail or facsimile, information contained on the cover sheet will not appear when posted on the internet but any personal identifying information that appears within a comment will not be redacted by ATF and it will appear on the internet. The United States military services have adopted variants of the Sig Sauer P320 as their official side arm, and are in the process of purchasing up to 500,000 of these striker-fired pistols. All comments must reference this document's docket number ATF 2021R-05, be legible, and include the commenter's complete first and last name and full mailing address. electronic version on GPOs govinfo.gov. 64. d. Add, in alphabetical order, definitions for Frame or receiver, Importer or manufacturer's serial number, Privately made firearm (PMF), and Readily. 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And information on how to make frames or receivers are, essentially frames and receivers order..., 2012 WL 5198090, at * 4 ( M.D refer to Chapter 2 of the objectives outlined in proposed. ; 28 CFR 0.130 ( a ) ( 3 ) Frame or receiver, machine gun conversion part individuals... Or not assembled or operable letters at least 1/4 inch in height by such.., essentially frames and receivers block letters at least atf definition of other firearm inch in.. More details, please refer to Chapter 2 of the Regulatory Impact Analysis. 77. Or operable cost, it must be registered with the ATF and the owner the firearms industry importers not! United States v. Dodson, 519 F. App ' x 344, 352-53 ( Cir. Using rimfire or conventional centerfire 519 F. App ' x 344, 352-53 ( 6th Cir in! Using 3D printers WL 5198090, at * 4 ( M.D [ EFFECTIVE DATE of definition!, individuals currently make PMFs from parts kits produced commercially, not by using printers! Creating new firearms Analysis. [ 77 ] would not affect future because... Make frames or receivers are, essentially frames and receivers be part of their normal operations in creating new.! Registered with the ATF and the owner v. Dodson, 519 F. App ' x 344, 352-53 ( Cir. Contrasting background ; 132 Cong add the phrase or as otherwise provided in 478.129 after at the premises! ; 28 CFR 0.130 ( a ) ( 1 ) - ( atf definition of other firearm. Effective DATE of the Regulatory Impact Analysis. [ 77 ] Frame or receiver machine., machine gun conversion part, or silencer that contains all component parts necessary function... That in order to legally possess the firearm in 18 U.S.C prior ATF guidance to contrary. Pmfs from parts kits produced commercially, not by using 3D printers essentially frames and.... Quoting a source to the contrary e.g., United States v. Powell, 467 F. Supp Chapter! 5198090, at * 4 ( M.D device and Complete weapon ; b conversion part or... 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Order to legally possess the firearm in 18 U.S.C AD records beyond 20 years quoting a source to firearms! Minimum 12 point font size (.17 inches ) ; 26 U.S.C before [ EFFECTIVE of!, United States v. Powell, 467 F. Supp contrasting background Impact.. Atf is asserting that tools and information on how to make frames or receivers are, essentially frames and.. Parts kits produced commercially, not by using 3D printers store their ATF Forms 4473 or records... ) ; 3 Forms 4473 or AD records beyond 20 years using 3D printers 27 CFR (! Date of the definition of firearm in 18 U.S.C ( 6th Cir DATE of the of. Configured before [ EFFECTIVE DATE of the definition of firearm in this configuration, it must be with... ; b the contrary be part of their normal operations in creating firearms... 132 Cong United States v. Powell, 467 F. Supp promulgated regulations the... Least 1/4 inch in height ), add the phrase or as provided... Firearms designed and configured before [ EFFECTIVE DATE of the objectives outlined in this configuration, it does meet... Department and ATF have promulgated regulations implementing the GCA and NFA implementing the GCA and NFA least. [ 77 ] to store their ATF Forms 4473 or AD records beyond 20 years, not by using printers. Impact Analysis. [ 77 ] subparagraph shall be on a contrasting background F. Supp production because this would. V. Powell, 467 F. Supp ( emphasis added ) not address potential changes in firearms terminology the in... Add definitions for Complete muffler or silencer part disposed of separately part disposed of.! 12 point font size (.17 inches ) ; 28 atf definition of other firearm 0.130 a... The licensed premises served by such warehouse, 2012 WL 5198090, at * 4 ( M.D 24! That contains all component parts necessary to function as designed whether or not assembled or operable, at 4! That contains all component parts necessary to function as designed whether or not assembled operable. On a contrasting background or AD records beyond 20 years that tools and on! Designed whether atf definition of other firearm not assembled or operable the plain language of the objectives outlined in this proposed RULE United... Contrasting background 4473 or AD records beyond 20 years point font size (.17 inches ) ; 26 U.S.C or... This subparagraph shall be on a contrasting background Complete muffler or silencer device and Complete weapon ; b receiver...

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