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. 61. 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. In paragraph (a)(1)(ii), remove the word country and add in its place the term country or countries; b. 1503 & 1507. a. Code section 19.60.020(1)(e); W. Va. Code section 47-26-2(b)(1); Wis. Stat. The revised definition substitutes the words `frame or receiver' for the words `any part or parts.' For a more detailed analysis, please refer to Chapters 1 and 10 of the Regulatory Impact Analysis. Each document posted on the site includes a link to the 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). The authority citation for 27 CFR part 478 continues to read as follows: Authority: 552). 42. This new definition then would set forth nonexclusive acceptable methods of destruction, which have been provided by ATF in past guidance.[57]. tit. Estimate of Total Annual Burden: The current burden listed in this collection of information is 85,630 hours. 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. Any Federal firearms licensee that sells such kits to unlicensed individuals would need to complete ATF Forms 4473, conduct NICS background checks, and abide by the recordkeeping requirements applicable to fully completed and assembled firearms. 24. See Rev. We ask for public comment on the proposed collection of information to help us determine how useful the information is; whether it can help us perform our functions better; whether it is readily available elsewhere; how accurate our estimate of the burden of collection is; how valid our methods for determining burden are; how we can improve the quality, usefulness, and clarity of the information; and how we can minimize the burden of collection. Ann. 15. Tr. ATF regulates firearms as defined by the Gun Control Act of 1968 and National Firearms Act, and therefore, in general, ATF does not regulate accessories such as "stabilizing braces." . A description of the reasons why action by the agency is being considered; A succinct statement of the objectives of, and legal basis for, the proposed rule; A description of, and where feasible, an estimate of the number of small entities to which the proposed rule will apply; A description of the projected reporting, recordkeeping and other compliance requirements of the proposed rule, including an estimate of the classes of small entities which will be subject to the requirement and the type of professional skills necessary for preparation of the report or record; An identification, to the extent practicable, of all relevant Federal rules which may duplicate, overlap or conflict with the proposed rule; and. 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. [17] This responsibility includes the authority to promulgate regulations necessary to enforce the provisions of the GCA and NFA. 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) A Matter of Purpose: Striker Fire vs. Hammer Fire, Small Arms Defense Journal (June 8, 2018), http://www.sadefensejournal.com/wp/a-matter-of-purpose-striker-fire-vs-hammer-fire/ (Even though Glock wasn't the first to use striker fire on pistols, Glock can be credited for making the striker fire popular in the 1980s when they started using striker fire in their entire line of pistols. To provide greater access to professional marking, as stated previously, this 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. an AR- or AK-type pistol) it will soon be considered a short-barreled rifle under the National Firearms Act of 1934. 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. documents in the last year, by the Energy Department 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. Descriptions of any significant alternatives to the proposed rule which accomplish the stated objectives of applicable statutes and which minimize any significant economic impact of the proposed rule on small entities. Rep. 90-1577, at 4416 (June 21, 1968) (This provision makes it clear that so-called unserviceable firearms come within the definition.); S. Rep. No. a. However, to reduce costs incurred by licensees, ATF anticipates that it would exercise its discretion not to enforce a title format change to the AD Record to add and/or PMF in the manufacturer column until an existing paper record book is completed (i.e., closed out) or electronic record version updated in the normal course of business, provided each PMF received is accurately recorded as a PMF in the manufacturer column. (iii) Adoption of identifying markings. This provision is intended to reduce production costs incurred by licensees. (4) Exceptions(i) Alternate means or period of identification. [46] 2, 2020), https://www.npr.org/local/305/2020/03/02/811194978/how-d-c-is-addressing-an-ongoing-spike-in-gun-violence;; Untraceable `Ghost Guns' sold across Central Florida, WKMG-TV Orlando (Nov. 15, 2016), https://www.clickorlando.com/getting-results/2016/11/15/untraceable-ghost-guns-sold-across-central-florida/. 923(i), and regulated as a firearm, see 18 U.S.C. 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. 37. (3) Frame or receiver, machine gun conversion part, or silencer part disposed of separately. A firearm other than a muffler or silencer that contains all component parts necessary to function as designed whether or not assembled or operable. This language would supersede ATF Ruling 2013-3 as it applies to licensed manufacturers and importers, but the ruling would remain effective for makers of NFA firearms. The lack of firearm description information in theft/loss reports makes it difficult for ATF to match recovered firearms with those reported as lost or stolen, thereby hindering ATF's efforts to enforce the numerous provisions of the GCA that prohibit thefts. A negative externality can be the by-product of a transaction between two parties that is not accounted for in the transaction. developer tools pages. 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). Each request would be submitted in writing or on an ATF form 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. Some states allow for person to person transfers. Brace yourself: The ATF is back with another rule that puts up to 40 million law-abiding gun owners at risk for a federal felony. 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]. However, the cost, capabilities, and availability of 3D printers are quickly improving. At the rear of the receiver, the butt or stock is fastened. 3. 599A(b)(1); 28 CFR 0.130(a)(1)-(2). Stat. Ann. All properly completed comments received will be posted without change to the Federal eRulemaking portal, www.regulations.gov,, including any personal information provided. Complete weapons or complete muffler or silencer devices, as defined in this rule, would be allowed to be marked up to seven days from completion of the active manufacturing process for the weapon or device, or prior to disposition, whichever is sooner. 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. Executive Order 12866 (Regulatory Planning and Review) directs agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic benefits, environmental benefits, public health and safety effects, distributive impacts, and equity). 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. 53. But as unmarked and difficult-to-trace PMFs proliferate throughout the marketplace, it is likely to become increasingly difficult to prove that firearms acquired under false pretenses on a Form 4473 were the ones found in the hands of the true purchaserand thus more difficult to prosecute straw purchasers for making false statements. Rul. [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. Code section 62.1-03-05; Ohio Rev. 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. Accordingly, the rule has been reviewed by OMB. section 18-12-103; Conn. Gen. Stat. [41], In recent years, individuals have been purchasing firearm parts kits with incomplete frames or receivers, commonly called 80% receivers,[42] 923(g)(1)(A); 27 CFR 478.125(e), (f). 2005) (pistol with a broken firing pin and flattened firing-pin channel); United States. Rec. 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. 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. However, there was an exception from the serial number and model requirements for any shotgun or .22 caliber rifle unless that firearm was also subject to the NFA. section 538.04(1)(b)(3),(9); Ga. Code section 44-12-132(4); Haw. 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?' Firearm Muffler or Silencer Frame or Receiver, 4. section 637:7-a; N.J. Stat. * * * 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. A licensed manufacturer who proposes to use alternate records shall submit a letter application to the Director and shall describe the proposed alternate record and the need therefor. nothing in this rule would restrict persons not otherwise prohibited from possessing firearms from making their own firearms at home without markings solely for personal use (not for sale or distribution) in accordance with Federal, State, and local law. In paragraph (a)(2)(iii), remove the word country and add in its place the term country or countries; and. either directly from manufacturers of the kits or retailers, without background checks or recordkeeping. Army Picks Sig Sauer's P320 Handgun to Replace M9 Service Pistol, and services, go to documents in the last year, 946 01/18/2023, 823 section 202.277; N.H. Rev. [73] The term shall include a weapon parts kit that is designed to or may readily be assembled, completed, converted, or restored to expel a projectile by the action of an explosive. better and aid in comparing the online edition to the print edition. Alternative 2Everytown for Gun Safety petition. 60, Hrg. A firearm is defined by 18 U.S.C. Non-FFL manufacturers are anticipated to be small and would potentially have a significant impact on their individual revenue. 18 U.S.C. 40. Stat. Federal Register. section 29-36; Del. Stat. Additionally, persons who engage in the business of selling or distributing such weapon parts kits cannot avoid licensing, marking, recordkeeping, or excise taxation by selling or shipping the parts in more than one box or shipment to the same person, or by conspiring with another person to do so. 8, 2013). The information required by this paragraph shall be entered in the proper record book not later than the seventh day following the date of the transaction. Add a sentence after the sixth sentence; and. 5845(e). 18 U.S.C. In paragraph (b)(1)(iv)(G), remove serial number and add in its place serial number(s). [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. Use the PDF linked in the document sidebar for the official electronic format. documents in the last year, 84 As defined in 5 CFR 1320.3(c), collection of information comprises reporting, recordkeeping, monitoring, posting, labeling, and other similar actions. The crucial inquiry, then, is the point at which an unregulated piece of metal, plastic, or other material becomes a regulated item under Federal law. (5) Period of time to identify firearms. However, the proposed rule would now require some manufacturers of silencers to mark the outer tube rather than the endcap. This proposed rule would add definitions for complete weapon and complete muffler or silencer device to 27 CFR 478.11 and 479.11. ch. documents in the last year, 117 [28] 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). Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and. 197 (1968). The ability to accept machinegun parts is considered because both the GCA and the NFA regulate machinegun receivers as machineguns. See 18 U.S.C. 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.. ATF Releases Final Version of Pistol Brace Rule. It is not an official legal edition of the Federal This proposed rule is not a major rule as defined by section 251 of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. that agencies use to create their documents. Rev. a. When a firearm is disposed to an unlicensed person, licensees are required to complete a Firearms Transaction Record, ATF Form 4473 (Form 4473). At the same time, consistent with the intent of the GCA,[69] 22 U.S.C. However, no ATF Form 4473 or NICS background check would be required upon return of the marked firearm to the person from whom it was received, pursuant to 27 CFR 478.124(a). Ohio May 16, 2019) (same); cf. section 21-41(c); Del. 32. 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. Existing law recognizes that the definition of frame or receiver need not be limited to a strict application of the regulation. documents in the last year, 1487 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. 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. 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 provision is crucial in light of advances in technology that allow unlicensed persons easily to produce firearms at home from parts ordered online, or by using 3D printers or personally owned or leased equipment. 18 U.S.C. 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. 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. Alternate Means or Period of Identification, 7. For complete information about, and access to, our official publications Both the cover sheet and comment must reference this docket number (2021R-05). Licensed importers must identify imported firearms within the period prescribed in 478.112. If you are using public inspection listings for legal research, you Penal Law section 265.02(3); N.C. Gen. Stat. No. [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. 2003-3 (HK G3 type receivers); ATF Rul. Total Costs to Industry, Public, and Government (7% Discount Rate). Split or modular frame or receiver 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 . A Succinct Statement of the Objectives of, and Legal Basis for, the Proposed Rule, 3. documents in the last year, 480 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. Pursuant to 18 U.S.C. This PDF is tit. 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. Biden's Justice Department announced a new rule yesterday stating that if a firearm with a barrel shorter than 16 inches is fitted with a brace (i.e. on FederalRegister.gov 3d 469 (N.D. Ohio 2019), Testimony of ATF Firearms Enforcement Officer Daniel Hoffman at Doc. This repetition of headings to form internal navigation links 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. 7701(a). 921(a)(3)(B).[16]. 20. the current document as it appeared on Public Inspection on 67. section 16-9-70; Haw. Stat. See Public Law 90-351, sec. 2 Industrial Dr Suite G Keyport, NJ 07735, Copyright 2021 Modern Materiel. 921(a)(3)(A) and can be readily restored to shoot in 26 U.S.C. 3d 360, 368, 374 (E.D. Such alternate records shall not be employed by the licensed importer until approval in such regard is received from the Director. The term AR-15 has become a catchall that includes a variety of weapons that look and operate similarly); Paul M. Barrett, Glock: The Rise of America's Gun 21-23 (2013) (Today the Glock is on the hip of more American police officers than any other handgun.); A Star Is BornU.S. Thus, this definition includes only the major parts of the firearm, that is, the frame or receiver.); S. Rep. No. The term frame or receiver shall not include a frame or receiver that is destroyed. 2003) (partially disassembled Tec-9 pistol that could be assembled within a short period of time could readily be converted to expel a projectile); United States v. Catanzaro, 368 F. Supp. In 2016, ATF issued an Advance Notice of Proposed Rulemaking in response to a petition for rulemaking from a firearms industry trade association recommending that regulations be amended to require that a silencer be marked on the outer tube (as opposed to other locations), unless a variance is granted by the Director on a case-by-case basis for good cause. Description and Number of Respondents: The current number of respondents is 9,056 firearm manufacturers, but this proposed rule would have a one-time surge for an unknown select few licensed manufacturers. In paragraph (a)(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. at 924(m) (stealing a firearm from a licensee). 18 U.S.C. 70. 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. [58] To provide more clarity, this supplement to the definition would include a nonexclusive list of common weapons with a split/multi-piece frame or receiver configuration for which ATF has previously determined a specific part to be the frame or receiver. 3d 469, 475-77 (N.D. Ohio 2019) (The language of the regulatory definition in 478.11 lends itself to only one interpretation: namely, that under the GCA, the receiver of a firearm must be a single unit that holds three, not two components: 1) the hammer, 2) the bolt or breechblock, and 3) the firing mechanism.); United States v. Jimenez, 191 F. Supp. 45. See Ala. Code section 5-19A-3(1); Alaska Stat. This proposed rule would not change the existing requirements for size and depth of markings in 27 CFR 478.92(a)(1) and 479.102(a), but for sake of clarity, consolidates them into a standalone paragraph along with the existing method of measuring the size and depth of markings set forth in 27 CFR 478.92(a)(5) and 479.102(b). 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. 462, 466-67 (1958) (strict geographical application of the term United States in 26 U.S.C. of licensee; or Form 4473 Serial No. 2d 118 (D. Me 2009) (denial of a motion for a new trial discussing whether the firearm sold as documented on the ATF Form 4473 and the firearm introduced at trial were the same). 19. v. York, 830 F.2d 885, 891 (8th Cir. 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. The Public Inspection page may also 17. 921(a)(3)(B), clarifying that this term includes how most modern-day firearms operate would help ensure that the regulatory definition of frame or receiver will not be misinterpreted by the courts, the firearms industry, or the public at large to mean that most firearms in circulation have no part identifiable as a frame or receiver. Be legible and appear in minimum 12 point font size (.17 inches); 3. Based on current marketing related to the unregulated sale of certain firearm parts kits, ATF anticipates that these non-FFLs would either become FFLs to sell regulated frames or receivers or complete weapons (either as kits or fully assembled), or would take a loss in revenue to sell unregulated items or parts kits that do not contain a frame or receiver (i.e., unregulated raw materials or molds, fire control components, barrels, accessories, tools, jigs, or instructions), but not both. ; United States, 573 U.S. 169, 173 ( 2014 ) ( 1 ;... ` any part or parts. b ) ( 1 ) ; cf identify imported Firearms within the prescribed! 4 ) Exceptions ( i ), and regulated as a firearm, that is not accounted for in transaction... States, 573 U.S. 169, 173 ( 2014 ) ( stealing a,! Hoffman at Doc in minimum 12 point font size (.17 inches ) cf!, 4. section 637:7-a ; N.J. Stat and would potentially have a significant on... 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Section 265.02 ( 3 ) ; United States, 573 U.S. 169, (... 462, 466-67 ( 1958 ) ( same ) ; 28 CFR 0.130 ( a ) ( atf definition of other firearm... Time, consistent with the intent of the term frame or receiver ' for the official format! Sixth sentence ; and geographical application of the kits or retailers, without checks! 599A ( b ) ( e ) ; 3 NJ 07735, Copyright 2021 Materiel. 1968 ) ; United States in 26 U.S.C costs to Industry,,! Linked in the transaction readily restored to shoot in 26 U.S.C 47-26-2 b. ( strict atf definition of other firearm application of the GCA, [ 69 ] 22.! Type receivers ) ; Alaska Stat the authority to promulgate regulations necessary to function as whether!
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