atf definition of other firearm

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. a. Plaintiff says that it would be extremely difficult if not impossible to case with a `blank' rod and this is true, but we can conceive of no other practical use for them except as fishing rods. For more details, please refer to Chapters 1 and 10 of the Regulatory Impact Analysis. While the new definitions would mostly affect new designs or configurations of firearms, manufacturers would still be able to receive a determination or a variance on the design from ATF; therefore, they may not experience an additional cost or burden. to include imported firearms, are considered the importer's or manufacturer's serial number protected by 18 U.S.C. or may readily be converted[40] This information must be placed in a manner not susceptible of being readily obliterated, altered, or removed. Stat. Handguns that are 3D printed are also subject to the registration and taxation requirements of the NFA if they have a smooth bore and are capable of being concealed on the person, thereby falling within the definition of any other weapon. See 26 U.S.C. 41. 28. For more details, please refer to Chapter 8 of the Regulatory Impact Analysis. 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]. 30. establishing the XML-based Federal Register as an ACFR-sanctioned section 18-12-103; Conn. Gen. Stat. i. 3501-20). section 29-36a(a) (prohibiting manufacture of firearms without permanently affixing serial numbers issued by the State); DC Code section 7-2504.08(a) (prohibiting licensees from selling firearms without serial numbers); Haw. Identification of firearms and armor piercing ammunition. See Ala. Code section 5-19A-3(1); Alaska Stat. The rule will go into effect on August 24, 2022; 120 days from the date of publication in the Federal Register. Single-framed firearms incorporate the hammer, bolt or breechblock, and firing mechanism within the same housing. Under the provisions of this proposed rule, there would be a one-time increase in paperwork burdens of identification markings placed on firearms as well as additional transaction records. Stat. See 27 CFR parts 478, 479. The proposed procedure would assist ATF more efficiently to determine the design and intent of the manufacturer of the item through its written statements, and by examining the objective design features of an actual sample along with any instructions, guides, templates, jigs, equipment, tools, or marketing materials that are made available to the purchaser or recipient of the item (though ATF is not limited to examining the items submitted to make its determination). For purposes of this section, the terms legible and legibly mean that the identification markings use exclusively Start Printed Page 27748Roman letters (e.g., A, a, B, b, C, c) and Arabic numerals (e.g., 1, 2, 3), or solely Arabic numerals, and may include a hyphen, and the terms conspicuous and conspicuously mean that the identification markings are capable of being easily seen with normal handling of the firearm and unobstructed by other markings when the complete weapon is assembled. ATF will carefully consider all comments, as appropriate, received on or before the closing date, and will give comments after that date the same consideration if practical to do so, but assurance of consideration cannot be given except as to comments received on or before the closing date. [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. Any pistol with a length of pull that is consistent with that of what would be found in a rifle would be considered an SBR. In May 2021, ATF published a proposed rule addressing certain regulatory definitions relevant to identification requirements for firearms, among other things. These markup elements allow the user to see how the document follows the The total 10-year undiscounted cost of this proposed rule is estimated to be $1.3 million. First, the marks are used by Federal firearms licensees to effectively track their firearms inventories and maintain all required records. [46] Rec. In 479.84(b)(8), remove manufacturer and add in its place manufacturer(s), remove the words importer (if known) and add in their place importer(s) (if known), and remove the words serial number, wherever they may be, and add in their place serial number(s). Even though neither the upper nor the lower portion of a split/multi-piece receiver firearm alone falls within the precise wording of the regulatory definition, ATF has for many years interpreted the regulatory definition using these factors as a guide in determining which portion of a weapon model is a firearm frame or receiver. The serial number(s) must begin with the licensee's abbreviated Federal firearms license number as a prefix, which is the first three and last five digits, followed by a hyphen, and then followed by a number as a suffix, e.g., 12345678-[number]. This rule would also make minor clarifying edits to the format of the Firearms Acquisition and Disposition Record in 478.125(e). The ATF said in the rule: While firearms equipped with 'stabilizing braces' or other rearward attachments may be submitted to ATF for a new classification determination, a majority of the existing firearms equipped with a 'stabilizing brace' are likely to be classified as 'rifles' because they are configured for shoulder fire based . In the first sentence of paragraph (a)(4), remove manufacturer and importer (if any) and add in its place manufacturer(s) and importer(s) (if any) of the firearm or privately made firearm (if privately made in the United States), remove the words serial number and add in their place serial number(s), remove Manufacturer and importer (if any) and add in its place Manufacturer(s) and importer(s) (if any), and remove the words Serial No. and add in their place serial number(s). (b) A record of each firearm disposed of by an importer and a separate record of armor piercing ammunition dispositions to governmental entities, for exportation, or for testing or experimentation authorized under the provision of 478.149, shall be maintained by the licensed importer on the licensed premises. 1250 (1938); 26 CFR 177.10 (repealed) (emphasis added). Licensed manufacturers and importers must also maintain permanent records of production or importation, as well as their receipt, sale, or other disposition of firearms, including frames or receivers. 53. This would ensure that the PMF, if ever found by police at a crime scene, can be traced. Code section 19.60.020(1)(e); W. Va. Code section 47-26-2(b)(1); Wis. Stat. 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. For a more detailed analysis, please refer to Chapters 1 and 10 of the Regulatory Impact Analysis. better and aid in comparing the online edition to the print edition. ATF anticipates a one-time hourly burden of 0.25 hours per respondent. 36. For more details, please refer to Chapter 5 of the Regulatory Impact Analysis. [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. Privately Made Firearms or Ghost Guns, 1. [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. See 28 U.S.C. As such, ATF has required manufacturers and importers who use polymer plastic frames to mark serial numbers in a steel plate embedded within the plastic. 66 FR 40599 (Aug. 3, 2001). Va. 2002) (ATF has a statutory duty pursuant to the GCA to trace firearms to keep them out of the hands of criminals). Complete weapon. Code tit. What is the ATF definition of a firearm? 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. 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. Once the new device is complete with the part, the manufacturer would be required to identify and register the device in the manner and within the period specified in this rule for a complete device. In turn, these firearms are progressively finding their way to licensees who may wish to acquire them so they can advertise and market them broadly, or who may repair, customize, or accept them as security in pawn for a loan. on Code. Be legible and appear in minimum 12 point font size (.17 inches); 3. This would be followed by supplements that further explain the meaning of the term frame or receiver for certain firearm designs and configurations, as follows: (a) Firearm muffler or silencer frame or receiver; (b) split or modular frame or receiver, also followed by examples of the frames or receivers for common firearm designs that are distinguishable because of differences in firing cycle, method of operation, or physical design characteristics; (c) partially complete, disassembled, or inoperable frame or receiver; and (d) destroyed frame or receiver. 1977) (holding that a weapon was a shotgun within the meaning of 26 U.S.C. (3) Meaning of marking terms. (D) In the case of an imported firearm, the name of the country in which it was manufactured. Va. 2020) (indictment charging false statements on ATF Form 4473 in connection with the purchase of specific handguns listed by date of purchase, make, caliber, model, serial number, and name of FFL); United States v. McCurdy, 634 F. Supp. Alternative 4Require serialization of all partially complete firearms or split receivers. 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. See Ala. Code section 13A-11-64; Alaska Stat. 565, 574-75 (D.D.C. Some of these parts kits contain most or all of the components (finished or unfinished) necessary to complete a functional weapon within a short period of time. United States v. Sands, 948 F.3d 709, 719 (6th Cir. 7801; 26 U.S.C. that agencies use to create their documents. This rule is consistent with ATF enforcement policy. 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. Again, due to the new definition and changes to marking regulations, the technical amendments here would make certain words plural (e.g., manufacturer(s), country or countries of manufacture, and serial number(s)) in the regulations as applicable. 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. 2007) (describing the tracing process). Existing law recognizes that the definition of frame or receiver need not be limited to a strict application of the regulation. A firearm other than a firearm muffler or firearm silencer that contains all component parts necessary to function as designed whether or not assembled or operable. Requiring Federal firearms licensees to mark in this manner on each part defined as a frame or receiver would make it possible for ATF to trace the firearm if the manufacturer's or importer's name, city, or state is marked on the slide or barrel, and the original components are later separated. If you are using public inspection listings for legal research, you (a) Identification required. Since PMFs are not Start Printed Page 27735commercially manufactured, if a PMF were received or otherwise acquired by a licensee or disposed of, or imported, the abbreviation PMF would be recorded as the manufacturer in the appropriate column on a licensee's acquisition and disposition record, ATF Form 4473, or import application, as well as the PMF serial number beginning with the abbreviated FFL number in the serial number column. 922(a)(5) (prohibiting any person other than a licensee, subject to certain limited exceptions, from selling or delivering a firearm to an unlicensed out of state resident). documents in the last year, 946 This was considered and incorporated into the proposed alternative, where feasible. Thus, for ease of reference, this notice of proposed rulemaking refers to the Attorney General throughout. 20. Such a narrow interpretation of what constitutes a frame or receiver would allow persons to avoid: (a) Obtaining a license to engage in the business of manufacturing or importing upper or lower frames or receivers; (b) identifying upper or lower frames or receivers with a serial number and other traceable markings; (c) maintaining records of upper or lower frames or receivers produced or imported through which they can be traced; and (d) running NICS checks on potential transferees to determine if they are legally prohibited from receiving or possessing firearms when they acquire upper or lower frames or receivers. (a) Any explosive, incendiary, or poison gas (1) bomb, (2) grenade, (3) rocket having a propellent charge of more than 4 ounces, (4) missile having an explosive or incendiary charge of more than one-quarter ounce, (5) mine, or (6) similar device; (b) any type of weapon by whatever name known which will, or which may be . 1. if licensee, or Form 4473 Serial No. if such forms filed numerically. This change would make clear that both the name and license number (not the address) of a licensee from whom firearms are received and to whom they are disposed are recorded in the AD Record. (c) Voluntary classification of firearms and armor piercing ammunition. In 478.50(a), add the phrase or as otherwise provided in 478.129 after at the licensed premises served by such warehouse. See, e.g., United States v. Hardin, 889 F.3d 945, 946 (8th Cir. 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. In 479.112(a), second sentence, remove the words serial number and add in their place the words serial number(s). Accordingly, the Department and ATF have promulgated regulations implementing the GCA and NFA. Hand-delivered comments will not be accepted. 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. The definition of transfer in the NFA only includes selling, assigning, pledging, leasing, loaning, giving away, or otherwise disposing of a firearm. 552(a); 18 U.S.C. The term shall include any such identification on a privately made firearm, or an ATF issued serial number. Because privately made firearms are manufactured by someone other than a licensed manufacturer, the serial number that incorporates the abbreviated Federal firearms license (FFL) number placed by a licensee on a PMF under this rule is the importer's or manufacturer's serial number. This definition would help ensure that the serial numbers and other markings necessary to ensure tracing, including those placed by a licensee on a privately made firearm or marked with an ATF-issued serial number,[61] [66] 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. Protected by 18 U.S.C to Chapters 1 and 10 of the Regulatory Impact Analysis and add in their serial. The rule will go into effect on August 24, 2022 ; 120 days from the date of in! 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