A frame or receiver is the primary structural component of a firearm to which fire control components are attached. Title: Identification Markings Placed on Firearms. section 202.277; N.H. Rev. 69. 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. The Internal Revenue Code of 1954, 26 U.S.C. In other words, this alternative would fall short of addressing all technologies or designs of firearms that are currently available, or may become available in the future. 921(a)(3)(C), 923(i). See United States v. Marzzarella, 614 F.3d 85, 100 (3rd Cir. 923(g)(6); 27 CFR 478.39a(b). This is because the recovery location or correlated crime is not always communicated by the agency to ATF in the tracing process. (h) Feasibility, i.e., whether the process would damage or destroy the subject of the process, or cause it to malfunction. Over the years, licensed importers and manufacturers have asked ATF to allow them to consolidate their records of importation or manufacture and acquisition and disposition of firearms, rather than maintaining separate records as required by 27 CFR 478.122(d) and 478.123(d). 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. 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. 552). (1) Marking of ammunition. In accordance with the Regulatory Flexibility Act (RFA), ATF prepared an Initial Regulatory Flexibility Analysis (IRFA) that examines the impacts of the proposed rule on small entities (5 U.S.C. * * *. Federal law and regulations require licensees, before conducting business, to inventory the firearms possessed for such business and record it in a Firearms Acquisition and Disposition Record (AD Record). [49], ATF anticipates that, under this supplemental definition, the outer tube of a complete muffler or silencer device would be considered the frame or receiver with respect to most commercial silencer designs currently on the market. section 16-23-30(C) (handguns); S.D. at 5845(a), (b). 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. b. 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. 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. However, the cost, capabilities, and availability of 3D printers are quickly improving. These markup elements allow the user to see how the document follows the 923(i); see 27 CFR 478.92, 479.102. The ATF is asserting that tools and information on how to make frames or receivers are, essentially frames and receivers. 01/18/2023, 823 The prefatory paragraph to the definitional sections in the GCA and NFA regulations explain that [t]he terms `includes' and `including' do not exclude other things not enumerated which are in the same general class or are otherwise within the scope thereof. 27 CFR 478.11, 479.11. 7805. a. Large interests are at stake, and inspection is a crucial part of the regulatory scheme, since it assures that weapons are distributed through regular channels and in a traceable manner and makes possible the prevention of sales to undesirable customers and the detection of the origin of particular firearms. (citation omitted). 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. 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. (c) Voluntary classification of firearms and armor piercing ammunition. 90-1097, at 2200 (April 29, 1968) (same). 197 (1968). It was found impractical to have controls over each small part of a firearm. of the issuing agency. 29. either directly from manufacturers of the kits or retailers, without background checks or recordkeeping. The burden resulting from this proposed Start Printed Page 27740rule is 0.25 hours per set of submittals by licensed dealers and licensed pawnbrokers to licensed manufacturers. Rep. 90-1577, at 4416 (June 21, 1968) (Under former definitions of `firearm,' any part or parts of such a weapon were included. This provision is intended to reduce production costs incurred by licensees. 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. It has been impractical to treat each small part of a firearm as if it were a weapon. 24, 35 (2009) (even though a Limited Liability Company was not among any of the named entities defined in section 7701, it would be manifestly incompatible with the Federal estate and gift tax statutes to exclude them); Bunnel v. Commissioner, 50 T.C. See also H.R. Licensed importers' records and licensed manufacturers' records of the sale or other disposition of firearms after December 15, 1968, shall be retained until business is discontinued, either on paper, or in an electronic alternative method approved by the Director, at the business premises readily accessible for inspection under this part. 5 U.S.C. [27] Cal. [28] In 479.112(a), second sentence, remove the words serial number and add in their place the words serial number(s). A firearm muffler or silencer is defined to include any combination of parts designed and intended for the use in assembling or fabricating a firearm silencer or muffler and any part intended only for use in such assembly or fabrication. 18 U.S.C. 41. ATF anticipates a one-time hourly burden of 0.25 hours per respondent. 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. Proposed Use of Information: The Bureau of Alcohol, Tobacco, Firearms, and Explosives would use this information in fighting crime by facilitating the tracing of firearms used in criminal activities. 23. Federal Register. 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. Safety section 5-142; Mass. 18 U.S.C. 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. Some of them include jigs, templates, instructions, drill bits, and tools that allow the purchaser to complete the weapon to a functional state with minimal effort, expertise, or equipment. Under the NPRM, the term frame or receiver means, in the case of a firearm muffler or firearm silencer, a part of the firearm that, when the complete device is assembled, is visible from the exterior and provides housing or a structure, such as an outer tube or modular piece, designed to hold or integrate one or more essential internal components of the device, including any of the following: baffles, baffling material, or expansion chamber. These new definitions would clarify for manufacturers and makers of complete muffler or silencer devices that they need only mark each part (or specific part(s) previously determined by the Director) of the device defined as a frame or receiver under this rule. For FFLs maintaining transaction records electronically, these FFLs would also only be required to update their software during their next regularly scheduled update. 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) The proposed rule would result in a one-time cost for contract gunsmithing, estimated to be $180,849. This rule does not require individuals to mark their personal firearms. Clarifying this issue is needed to deter the increased sale or distribution of unlicensed and unregulated partially complete or unassembled frames or receivers often sold within parts kits that can readily be completed or assembled to a functional state. Licensed and qualified firearm muffler or silencer manufacturers routinely transfer small internal muffler or silencer components to each other to produce complete devices, and between qualified licensees when repairing existing devices. This proposed rule would add definitions for complete weapon and complete muffler or silencer device to 27 CFR 478.11 and 479.11. (d) Destroyed frame or receiver. Rep. No. 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. to the courts under 44 U.S.C. 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. 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. 1997) (no firing pin); United States v. Reed, 114 F.3d 1053 (10th Cir. , Mocoshow.com (April 6, 2021), https://mocoshow.com/blog/county-council-unanimously-approves-ghost-gun-bill/?fbclid=IwAR1KCyFal3AId31WKCTLanR-uEUj_-dW_T32lND5gfKmle_-nvIbZyT052. In addition to Federal law, 18 U.S.C. Rev. 61-189 (IRS RRU), 1961-2 C.B. See United States v. Dodson, 519 F. App'x 344, 352-53 (6th Cir. After commencing business, licensees must record all firearms received and disposed of by the business in the AD Record to include the following information separated into columns: Manufacturer and/or importer, model, serial no., type, and caliber or gauge. 62-169 (IRS RRU), 1962-2 C.B. The IRFA is included here and as part of the RFA. It would make clear that even though a firearm, including a silencer, may have more than one part that falls within the definition of frame or receiver, ATF may classify a specific part or parts to be the frame or receiver of a particular weapon. Code Ann. 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. 2007) (describing the tracing process). 599A(b)(1); 28 CFR 0.130(a)(1)-(2). section 5/24-5; Ind. Code section 5-73-107; Cal. (c) Partially complete, disassembled, or inoperable frame or receiver. This new definition then would set forth nonexclusive acceptable methods of destruction, which have been provided by ATF in past guidance.[57]. section 538.04(1)(b)(3),(9); Ga. Code section 44-12-132(4); Haw. 921(a)(23); 26 U.S.C. that agencies use to create their documents. This fourth supplement would exclude from the definition of frame or receiver any frame or receiver that is destroyed. documents in the last year. 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. [910]. Be signed and contain the commenter's complete first and last name and full mailing address; and. the material on FederalRegister.gov is accurately displayed, consistent with Ohio May 16, 2019) (same); cf. 01/18/2023, 41 That information helps to fight serious crime. Id. This is an unprecedented expansion of government control over the private. section 134-10.2 (prohibiting unlicensed persons from producing 3D printed or parts kit firearms without a serial number); Mass. Regulations promulgated to implement this law required each firearm manufactured after July 1, 1958, to be identified with the name of the manufacturer or importer, a serial number, caliber, and model. In paragraph (b)(1)(iv)(A), remove manufacturer and add in its place manufacturer(s) of the firearm or privately made firearm (if privately made in the United States); and. 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. documents in the last year, by the Engineers Corps and the Environmental Protection Agency Currently, the regulations assume that each part defined as a muffler or silencer must be marked and registered. Title: Licensed Firearms Manufactures Records of Production, Disposition, and Supporting Data. Army Chooses Sig Sauer P320 For Its New Service Pistol, The Director may issue a determination to a person whether an item is a firearm or armor piercing ammunition as defined in this part upon receipt of a written request or form prescribed by the Director. 2003-4 (Sten type receivers). The ATF defined a receiver as having three elements: hammer, bolt or breech-lock, and firing mechanism. Also, this proposed rule would not require Federal firearms licensees to accept any PMFs, or to mark them themselves. 922(b)(2) (prohibiting licensees from selling or delivering any firearm to any person in a State where the purchase or possession by such person of such firearm would be in violation of any State law or published ordinance applicable at the place of sale, delivery, or other disposition); id. The Director may authorize other means of identification or period of time to identify firearms upon receipt of a letter application or Form 3311.4 from the licensee showing that such other identification or period is reasonable and will not hinder the effective administration of this part. 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. ATF Letter to Private Counsel #907010 (Mar. ATF may not consider, or respond to, comments that do not meet these requirements or comments containing profanity. section 134-10; Idaho Code Ann. at 923(d)(1)(F) (requiring license applicants to certify compliance with the requirements of State and local law applicable to the conduct of business). In United States v. Biswell, 406 U.S. 311, 315-16 (1972), the Supreme Court explained that close scrutiny of [firearms] traffic is undeniably of central importance to federal efforts to prevent violent crime and to assist the States in regulating the firearms traffic within their borders. The identification number, licensee name, licensee city or state, or license number placed by a licensee on a firearm frame or receiver in accordance with this part. 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. Markings must also be clearly visible from the exterior because they may be needed to prove that a criminal defendant had knowledge that the serial number was obliterated or altered. See 27 CFR parts 478, 479. 5845(m). Unless previously identified by another licensee in accordance with this section, and except as provided in paragraph (a)(4)(vi) of this section, licensees must legibly and conspicuously identify each privately made firearm within seven days following the date of receipt or other acquisition (including from a personal collection), or before the date of disposition (including to a personal collection), whichever is sooner. See, e.g., United States v. Wick, 697 F. App'x 507, 508 (9th Cir. Congress and the Attorney General have delegated the responsibility for administering and enforcing the GCA and NFA to the Director of ATF, subject to the direction of the Attorney General and the Deputy Attorney General. 18 U.S.C. Open for Comment, Rules of Practice and Procedure; Adjusting Civil Money Penalties for Inflation, Economic Sanctions & Foreign Assets Control, Revised Definition of Waters of the United States, Certain Preserved Mushrooms From France Determination, Energy Conservation Program: Test Procedure for Dishwashers, Prior Label Approval System: Expansion of Generic Label Approval, Rate Adjustments for Indian Irrigation Projects, Establishing the President's Advisory Council on African Diaspora Engagement in the United States, Alcohol, Tobacco, Firearms, and Explosives Bureau, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Definition of Receiver.RIA.5-7-21 - final, Definition of Frame or Receiver and Identification of Firearms, A. ATF's Application of the Definitions To Split Frames or Receivers, B. 2006) (a starter gun that can be modified in less than one hour by a person without any specialized knowledge to fire may be considered readily convertible under the GCA); United States v. One TRW, Model M14, 7.62 Caliber Rifle, 441 F.3d 416, 422-24 (6th Cir. e. In paragraph (c)(2)(vii), remove the words serial number and add in their place serial number(s). (2) Privately made firearms. (d) Records of importation and manufacture. 19, 2021), https://www.bbc.com/news/world-europe-56798743. A part of a firearm that, when the complete weapon is assembled, is visible from the exterior and provides housing or a structure designed to hold or integrate one or more fire control components, even if pins or other attachments are required to connect those components to the housing or structure. ATF also requests comments on the costs or benefits of the proposed rule and on the appropriate methodology and data for calculating those costs and benefits. The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. Among other changes (see Section II.H.9 of the preamble, below), this rule defines the term frame or receiver as it applies to a firearm muffler or silencer frame or receiver and adds the term complete muffler or silencer device (see Section II.D of the preamble). Agencies review all submissions and may choose to redact, or withhold, certain submissions (or portions thereof). Single-framed firearms incorporate the hammer, bolt or breechblock, and firing mechanism within the same housing. 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. 5 U.S.C. [45] Defining what a receiver or frame is, however, was left up to regulating agencies - in this case, the ATF. For these reasons, ATF is proposing a number of amendments to clarify how and when firearm muffler or silencer parts must be marked and registered in the NFRTR. The depth of all markings required by this section is measured from the flat surface of the metal and not the peaks or ridges. The supplement describes what it means to be a destroyed frame or receiver: One permanently altered not to provide housing or a structure that may hold or integrate any fire control or essential internal component, and that may not readily be assembled, completed, converted, or restored to a functional state. LehighValleyLive.com (March 28, 2018), https://www.lehighvalleylive.com/news/2018/05/how_the_felon_killed_at_walmar.html;; `Ghost guns': Loophole allows felons to legally buy gun parts online, KIRO7.com, https://www.kiro7.com/news/local/ghost-guns-federal-loophole-allows-felons-to-legally-buy-gun-parts-online-build-assault-weapons/703695149/. Penal Code section 23900; Colo. Rev. 901(a), 82 Stat. Basically, according to the definition set forth by the ATF it is not a pistol, not a rifle and not under the jurisdiction of the NFA therefore it classifies as an "other firearm." Because the agency has determined that it will, the agency has prepared an initial regulatory flexibility analysis as described in the RFA. 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 Document page views are updated periodically throughout the day and are cumulative counts for this document. In light of recent court cases, the majority of regulated firearms may not meet the existing definition of firearm frame or receiver. 55. As defined in 5 CFR 1320.3(c), collection of information comprises reporting, recordkeeping, monitoring, posting, labeling, and other similar actions. Laws section 446.205(5)(1),(4); Minn. Stat. However, the cost would increase considerably and the GCA only regulates the manufacture of firearms by Federal firearm licensees, not the making of firearms for personal use by private unlicensed individuals. electronic version on GPOs govinfo.gov. 40. 49. 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). Please bear in mind that these illustrations do not necessarily depict importable firearms. 116-88, at 2 (May 28, 2019). 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). (6) Meaning of marking terms. More specifically, none of the internal nonstructural parts of a complete muffler or silencer device would need to be marked so long as each frame or receiver as defined in this rule is marked. 3. However, the proposed rule would now require some manufacturers of silencers to mark the outer tube rather than the endcap. 7. 35. At the same time, consistent with the intent of the GCA,[69] 20, 2015). 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. 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. informational resource until the Administrative Committee of the Federal See 28 U.S.C. (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 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. [17] In 479.103, at the end of the third sentence, add , except as provided in 479.102(b)(4).. Second, the marks enable law enforcement officers to trace specific firearms used in crimes from the manufacturer or importer to individual purchasers, and to identify particular firearms that have been lost or stolen. Alternate Means or Period of Identification, 7. 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. [22] the current document as it appeared on Public Inspection on The NFA further defines the term make, and the various derivatives of that word, to include manufacturing (other than by one qualified to engage in the business under this chapter), putting together, altering, any combination of these, or otherwise producing a firearm. 26 U.S.C. 212, 225-26 (1968); 18 U.S.C. c. In paragraph (a)(1)(iv)(G), remove serial number and add in its place serial number(s). 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. New Definition of Firearm Frame or Receiver, 2. Each licensed manufacturer or licensed importer of armor piercing ammunition shall identify such ammunition by means of painting, staining or dying the exterior of the projectile with an opaque black coloring. The commenter shall place any portion of a comment that is proprietary or confidential business information under law on pages separate from the balance of the comment with each page prominently marked PROPRIETARY OR CONFIDENTIAL BUSINESS INFORMATION at the top of the page. Based on the information from this analysis: Under the RFA, we are required to consider what, if any, impact this rule would have on small entities. At the same time, it would give an option for manufacturers and importers to avoid marking their city and state as currently required at 478.92(a)(1)(ii)(D), (E) and 479.102(a)(1)(iv) and (v), or obtain a marking variance from this requirement, by allowing them to mark their abbreviated license number as a prefix to the serial number as an alternative because this information can be obtained by looking up the licensee's information. This change is needed to ensure that acquisition records are closed out when firearms are no longer in inventory. [62], To provide greater access to professional marking, this proposed rule would clarify that the meaning of the term gunsmith includes persons who engage in the business of identifying firearms for nonlicensees so that gunsmiths may become licensed as dealer-gunsmiths solely to provide professional PMF marking services. The National Firearms Act defines Any Other Weapon (AOW) as: 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; Weapons with combination shotgun and . In 479.141, remove the word manufacturer and add in its place manufacturer(s) and remove the words serial number and add in their place serial number(s). Accordingly, prohibited persons have easily obtained them. Licensed importers must identify imported firearms within the period prescribed in 478.112. While the GCA and implementing regulations define a firearm to include the frame or receiver, neither delineates when a frame or receiver is created. Transfer. [73] (a) Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and (b) any replica of any firearm described in paragraph (a) of this definition if such replica (1) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or (2) uses rimfire or . documents in the last year, 946 Title II Firearms: Title II firearms are machine guns, silencers/suppressors/mufflers, short barreled-rifles, short-barreled shotguns, any other weapons (AOW). (vii) Whether classifying the component as the frame or receiver is consistent with ATF's prior classifications. The durability and longevity of firearms means that they are often in circulation for more than 20 years, while the cost of storing firearm transaction records has decreased dramatically through electronic recordkeeping. 5845(b) (The term [machinegun] shall also include the frame or receiver of any such weapon [which shoots is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger].). section 40-39-80(B)(1)(l)(iii),(ix); Tenn. Code Ann. [58] 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. Each licensed manufacturer or importer must identify by means of a serial number engraved or cast on the receiver or frame of the weapon, in such manner as the Attorney General shall by regulations prescribe, each firearm imported or manufactured by such importer or manufacturer.[3] Stat. This resulted in some traces of firearms involved in crimes to be returned incomplete for lack of records. For the reasons discussed in the preamble, 27 CFR parts 447, 478, and 479 are proposed to be amended as follows: 1. 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. The engraving, casting, or stamping (impressing) of the serial number and additional information must be to a minimum depth of .003 inch and in a print size no smaller than 1/16 inch. Rec. Because software updates occur regularly, and costs are already incorporated for those, ATF does not anticipate any additional costs would be incurred for these changes. by the Farm Credit System Insurance Corporation Further, the proposed rule would amend ATF's regulations on marking and recordkeeping that are necessary to implement these new or amended definitions. 922(k), which prohibits their removal, obliteration, or alteration. At the rear of the receiver, the butt or stock is fastened. Licensees shall maintain records of the importation, manufacture, or other acquisition of firearms, including ATF Forms 6 and 6A as required by subpart G of this part, until business is discontinued. 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. General Definition of Frame or Receiver, 2. 3797(a)(9) (now 7701(a)(9)) to the territory of American Samoa, rather than in a political sense, would be manifestly incompatible with the intent and purpose of the income tax exemption for persons earning income outside the United States). Finally, the definition would make clear to persons who may acquire or possess a part now defined as a frame or receiver that is identified with a serial number that they must presume, absent an official determination by ATF or other reliable evidence to the contrary, that the part is a firearm frame or receiver without further guidance. See Ala. Code section 13A-11-64; Alaska Stat. Instructions: All submissions received must include the agency name and docket number (ATF 2021R-05) for this notice of proposed rulemaking (NPRM or proposed rule). 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. The authority citation for 27 CFR part 447 continues to read as follows: Authority: These tools are designed to help you understand the official document By engraving, casting, stamping (impressing), or otherwise conspicuously placing or causing to be engraved, cast, stamped (impressed) or otherwise placed on each part (or specific part(s) previously determined by the Director) defined as a frame or receiver thereof, a serial number, in a manner not susceptible of being readily obliterated, altered, or removed. 35 Non-FFL manufacturers (Definition of Receiver). 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. 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. (4) Size and depth of markings. section 11.61.200; Ariz. Rev. Stat. Some states allow for person to person transfers. . You 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. This proposed rule does not duplicate or conflict with other Federal rules. The term 80% receiver is a term used by some industry members, the public, and the media to describe a frame or receiver that has not yet reached a stage in manufacture to be classified as a frame or receiver under Federal law. 599A(c)(1). Be legible and appear in minimum 12 point font size (.17 inches); 3. if such forms filed numerically; i. 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). documents in the last year, 973 While the GCA does not Start Printed Page 27721define the term frame or receiver, to implement the statute, the terms firearm frame or receiver and frame or receiver were defined in regulations several decades ago as that part of a firearm that provides housing for the hammer, bolt or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel. The information required by this paragraph shall be recorded not later than the close of the next business day following the date of such manufacture or other acquisition, except that, when a commercial record is held by the licensed manufacturer separately from other commercial documents and readily available for inspection, containing all acquisition information required for the record, the period for making the required entry into the record may be delayed not to exceed the seventh day following the date of receipt. d. Add, in alphabetical order, definitions for Frame or receiver, Importer or manufacturer's serial number, Privately made firearm (PMF), and Readily. The frame or receiver of any such weapon; C. Any firearm muffler or firearm silencer; or D. Any destructive device. The size of serial numbers required by this section is measured as the distance between the latitudinal ends of the character impression bottoms (bases). should verify the contents of the documents against a final, official 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. For the most part, individuals currently make PMFs from parts kits produced commercially, not by using 3D printers. Prior to passage of the GCA, the Federal Firearms Act of 1938 (FFA) regulated all firearm parts. For a more detailed analysis, please refer to Chapters 1 and 10 of the Regulatory Impact Analysis. Over time, as more PMFs are accepted into inventory, it will become increasingly difficult, if not impossible, for licensees and ATF (during inspections) to distinguish between those PMFs physically in the firearms inventory and those recorded in required AD Records, as well as determine which PMFs recorded as disposed on ATF Form 4473, were those recorded as disposed in the AD Record. A Succinct Statement of the Objectives of, and Legal Basis for, the Proposed Rule, 3. After publication of a final rule, each frame or receiver of a new firearm design or configuration manufactured or imported after the date of publication of the final rule would need to be marked with a serial number, and either: (a) The manufacturer's or importer's name (or recognized abbreviation), and city and State (or recognized abbreviation) where the manufacturer or importer maintains their place of business, or in the case of a maker of an NFA firearm, where the firearm was made; or (b) the manufacturer's or importer's name (or recognized abbreviation), and the serial number beginning with the licensee's abbreviated FFL number as a prefix, which is the first three and last five digits followed by a hyphen, and then followed by a number (which may incorporate letters and a hyphen) as a suffix, e.g., 12345678-[number]. The serial number (with or without the FFL prefix) 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. 16. Realistically, we need to be concerned about markings that could be worn away during normal use or markings that could survive normal refinishing processes, e.g., blueing, plating, etc. 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. This is consistent with prior ATF guidance to the firearms industry. Similar to other firearms, because the proposed rule would now specify the seven-day grace period in which to mark all completed firearms, including destructive devices, this rule would also allow ATF to grant a variance from this period. Stat. See footnote 72 infra. 1991) (conspiracy to cause and aid and abet the possession of unregistered machineguns where one defendant sold parts kits containing all component parts of Sten machineguns except receiver tubes, and the other sold customers blank receiver tubes along with detailed instructions on how to complete them); Internal Revenue Service Technical Advice Memorandum 8709002, 1986 WL 372494, at 4 (Nov. 13, 1986) (for purposes of imposing Firearms Excise Tax it is irrelevant whether the components of a revolver in an unassembled knockdown condition are sold separately to the same purchaser in various related transactions, rather than sold as a complete kit in a single transaction). See United States v. Rowold, 429 F. Supp. This includes marking these parts with serial numbers for tracing purposes, recording these parts as firearms in required records, and running a National Instant Criminal Background Check System (NICS) background check when individuals purchase or acquire them. a. [64] Some technical amendments would be needed at 27 CFR 478.124 pertaining to information recorded on the ATF Form 4473. section 325J.04(Sub.1)(1); Miss. 18 U.S.C. 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. Been impractical to have controls over each small part of a firearm as it. 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