21. 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. Burden of Response: This includes recurring time burden of 1 minute. (h) Feasibility, i.e., whether the process would damage or destroy the subject of the process, or cause it to malfunction. Estimate of Total Annual Burden: The current burden listed in this collection of information is 85,630 hours. This feature is not available for this document. 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. (1) Marking of ammunition. 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. Tenn. Oct. 19, 2012) (serial number obliterated on the visible exterior of a revolver); State v. Shirley, No. ATF will treat all comments as originals and will not acknowledge receipt of comments. (2) Privately made firearms. . 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. This proposed rule would require licensed dealers and collectors to store their Forms 4473 or AD records indefinitely. 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. For purposes of this definition, the term partially complete, as it modifies frame or receiver, means a forging, casting, printing, extrusion, machined body or similar article that has reached a stage in manufacture where it is clearly identifiable as an unfinished component part of a weapon. A firearm is defined by 18 U.S.C. Written comments must be postmarked and electronic comments must be submitted on or before August 19, 2021. As Glock became popular, other manufacturers started using striker fire as well, proliferating it across the firearms manufacturing community on a grand scale.). (a) Identification required. It has been impractical to treat each small part of a firearm as if it were a weapon. 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. It then sets forth the factors ATF considers in making this determination: (a) Which component the manufacturer intended to be the frame or receiver; (b) which component the firearms industry commonly considers to be the frame or receiver with respect to the same or similar firearms; (c) how the component fits within the overall design of the firearm when assembled; (d) the design and function of the fire control components to be housed or integrated; (e) 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; (f) whether classifying the particular component is consistent with the legislative intent of the Act and this part; and (g) whether classifying the component as the frame or receiver is consistent with the Director's prior classifications. No single factor is controlling. [68] 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. In addition, ATF will disclose such proprietary or confidential business information to the extent required by other legal process. documents in the last year, 16 140 section 79; Mich. Comp. In paragraph (b)(1)(iv)(G), remove serial number and add in its place serial number(s). 21 section 1550(B); Or. For purposes of this paragraph, firearms actively awaiting materials, parts, or equipment repair to be completed are actively in the manufacturing process. has no substantive legal effect. These changes are consistent with ATF enforcement policy. However, as with current regulations, silencer parts sold, shipped, or otherwise disposed of separately would still be considered silencers that require all markings prior to disposition except when transferred between qualified manufacturers for the production of new devices, and to qualified manufacturers and dealers for the repair of existing devices (see Section II.H.9 of the preamble). (D) In the case of an imported firearm, the name of the country in which it was manufactured. 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 can be useful Regulations implementing the relevant statutes spell the term machine gun rather than machinegun. E.g., 27 CFR 478.11, 479.11. [31] Except as provided in paragraph (a)(4)(v) of this section, each frame or receiver thereof must also be marked with 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 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]; and. In the past few years, however, some courts have treated the regulatory definition as exhaustive when applied to the lower portion of the AR-15-type rifle, which is the semiautomatic version of the M-16-type machinegun originally designed for the U.S. military. Any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; or any destructive device; but the term shall not include an antique firearm. Alternative 2Everytown for Gun Safety petition. 921(a)(3)(A) states that a weapon need not function so long as it is designed to, or may readily be converted to, expel a projectile. 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) 42. 921(a)(3)(B).[16]. For convenience, this notice of proposed rulemaking uses machinegun except when quoting a source to the contrary. Both the cover sheet and comment must reference this docket number (2021R-05). This prototype edition of the 27 CFR 478.11 (implementing GCA, Title I); 27 CFR 479.11[5] The following is a nonexclusive list of such weapons and the specific part identified as the frame or receiver as they existed on [date of publication of the final rule]: (i) Colt 1911-type, Beretta/Browning/FN Herstal/Heckler Koch/Ruger/Sig Sauer/Smith Wesson/Taurus hammer fired semiautomatic pistols: The lower portion of the pistol, or grip, that provides housing for the trigger mechanism and hammer, and a structure designed to integrate the slide rails. 63. To clarify this process, this proposed rule would set forth the procedure and conditions by which persons may voluntarily submit such requests to ATF. 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. section 790.27; Ga. Code. Except as provided in paragraph (b)(5) of this section, the additional information shall include: (i) The model, if such designation has been made; (iii) When applicable, the name of the foreign manufacturer or maker; and. The additions and revisions read as follows: Complete muffler or silencer device. Firearm Frame or Receiver This site displays a prototype of a Web 2.0 version of the daily [55] 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. 3501-20). Rep. No. The Attorney General may inspect or examine the inventory and records of a licensed importer, licensed manufacturer, or licensed dealer, without such reasonable cause or warrant, and during the course of a criminal investigation of a person or persons other than the licensee in order to ensure compliance with the recordkeeping requirements of 18 U.S.C. As explained in that ruling, whether the end product is to become a complete weapon or device, or a frame or receiver to be disposed of separately, firearms that are actively awaiting materials, parts, or equipment repair to be completed are still considered to be actively in the manufacturing process. Indeed, the internet is replete with people with no experience completing these firearms. Destructive Device Period of Identification, 9. CBP: 3-D-printed full-auto rifle seized at Lukeville crossing, tucsonsentinel.com (Feb. 8, 2016), http://www.tucsonsentinel.com/local/report/020816_3d_printed_gun/cbp-3-d-printed-full-auto-rifle-seized-lukeville-crossing/;;; Firearms using 3D-printed components seized in Sweden, Armament Research Services (May 19, 2017), https://armamentresearch.com/3d-printed-firearms-seized-in-sweden/;;; The TSA Has Found 3D-Printed Guns at Airport Checkpoints 4 Times Since 2016, Time (Aug. 2, 2018), https://time.com/5356179/3d-printed-guns-tsa/;;; Indiana Residents Indicted on Terrorism and Firearms Charges, DOJ Office of Public Affairs (July 11, 2019), https://www.justice.gov/opa/pr/indiana-residents-indicted-terrorism-and-firearms-charges;; Use of 3D printed guns in German synagogue shooting must act as warning to security services, experts say, For detailed instructions on submitting comments and additional information on the rulemaking process, see the Public Participation heading of the SUPPLEMENTARY INFORMATION section of this document. This would require all firearms purchased by individuals to be retroactively serialized. For more details, please refer to Chapter 5 of the Regulatory Impact Analysis. 212, 225-26 (1968); 18 U.S.C. The serial number(s) must be placed in a manner otherwise in accordance with this section, including the requirements that the serial number(s) be at the minimum size and depth, and not susceptible of being readily obliterated, altered, or removed. section 37:1782(16)(a); Mass. The records prepared by licensed dealers and licensed collectors of the sale or other disposition of firearms and the corresponding record of receipt of such firearms shall be retained until business or licensed activity is discontinued, either on paper, or in an electronic alternative method approved by the Director, at the business or collection premises readily accessible for inspection under this part. Terrorists and other bad actors may seek to exploit the availability of these weapons for dangerous ends. H.R. Some states allow for person to person transfers. This rule also proposes to amend 27 CFR 478.129 to remove language stating that FFL dealers and collectors need only keep AD Records and ATF Forms 4473 for up to 20 years following the date of sale or disposition of the firearm. The Rule just changes the process of building your firearm this way. (1) 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 internal components (e.g., a split frame with upper assembly and lower assembly as in many semiautomatic rifles, upper slide assembly and lower grip module as in many semiautomatic handguns, or multiple silencer modular pieces), the Director may determine whether a specific part or parts 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. 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. 11 section 1459; Fla. Stat. For example, often PMFs resemble commercially manufactured firearms, or incorporate parts from commercially manufactured firearms bearing that manufacturer's name, so some firearms suspected of being PMFs were entered into eTrace using a commercial manufacturer's name rather than as one privately made by an individual. ATF does not believe the production of 3D printed frames or receivers is substantial at this time when compared with commercially produced firearms. [20] See 18 U.S.C. 41. of licensee; or Form 4473 Serial No. (b) Split or modular frame or receiver. Laws section 446.205(5)(1),(4); Minn. Stat. section 134-10; Idaho Code Ann. (e) Records of dealers and collectors. This resulted in some traces of firearms involved in crimes to be returned incomplete for lack of records. Partially Complete, Disassembled, or Inoperable Firearm Kits, 1. 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. See 28 U.S.C. See 81 FR 26764 (May 4, 2016). This proposed rule would not alter the Director's ability to authorize other means of identification, or a marking variance, for any part defined as a firearm (including a machinegun or silencer) upon receipt of a letter application or an Application for Alternate Means of Identification of Firearms (Marking Variance), ATF Form 3311.4, showing that such other identification is reasonable and does not hinder the effective administration of the regulations. 2004) (firearms redesigned as ornaments that would take a great deal of time, expertise, equipment, and materials to attempt to reactivate were no longer designed to expel a projectile by the action of an explosive and could not readily be converted to do so). section 08.76.180(a)(4); Ariz. Rev. [54] Furthermore, there may be a savings for individual owners of silencers. 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. 921(a)(10); 26 U.S.C. Years after these definitions were published, split/multi-piece receiver firearms, such as the AR-15 semiautomatic rifle (upper receiver and lower receiver), Glock semiautomatic pistols (upper slide assembly and lower grip module), and Sig Sauer P320 (M17/18 as adopted by the U.S. military) (upper slide assembly, chassis, and lower grip module), became popular. The term "Firearm" means: Any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; The frame or receiver of any such weapon; Any firearm muffler or firearm silencer; or Any destructive device. 66. The size of serial numbers required by this section is measured as the distance between the latitudinal ends of the character impression bottoms (bases). Neither the GCA nor the NFA explain at what point in the manufacturing process the required markings must be placed. 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. Firearm Muffler or Silencer Parts Transferred Between Qualified Licensees, 10. [41], In recent years, individuals have been purchasing firearm parts kits with incomplete frames or receivers, commonly called 80% receivers,[42] 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. 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). The following are nonexclusive examples that illustrate this definition: (a) Firearm muffler or silencer frame or receiver. Submit comments in any of three ways (but do not submit the same comment multiple times or by more than one method). 28. The label shall include the words ARMOR PIERCING in block letters at least 1/4 inch in height. Alternative 1No change. [34] 18 U.S.C. [13] In May 2021, ATF published a proposed rule addressing certain regulatory definitions relevant to identification requirements for firearms, among other things. This information must be placed in a manner not susceptible of being readily obliterated, altered, or removed. Some technical amendments would be needed at 27 CFR 478.124 pertaining to information recorded on the ATF Form 4473. The Public Inspection page may also Due to the new definitions and changes to marking regulations, the technical amendments here would make certain words plural (e.g., manufacturer(s), importer(s), serial number(s)) in the regulations as applicable. [15] ATF recently issued that procedure in light of changes to ATF Form 4473 (May 2020), which now requires completion of the form in an order different from that provided in 478.124(f). 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. The information required by this paragraph shall be recorded in a format containing the applicable columns prescribed by 478.122.Start Printed Page 27750. New Definition of Firearm Frame or Receiver, 2. 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. However, the proposed rule would now require some manufacturers of silencers to mark the outer tube rather than the endcap. section 5/24-5; Ind. 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. section 367.040(6)(b); Neb. 62. This proposed definition explains that PMFs are those firearms that were made by nonlicensees without the markings required by this part, and excludes those already marked and registered in the NFRTR, and any firearm made before enactment of the GCA which, unlike the repealed law it replaced, required all firearms to be marked under federal law. 1980) (weapons could not be readily restored to fire when restoration required master gunsmith in a gun shop and $65,000 worth of equipment and tools). 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. 70. Because of the difficulties and expense of marking and registering small individual components used to commercially manufacture a complete muffler or silencer device with little law enforcement benefit, this proposed rule would allow qualified manufacturers to transfer parts defined as a firearm muffler or silencer to other qualified manufacturers without immediately identifying or registering them. 40. 1987) (revolver with no firing pin and cylinder did not line up with barrel). at 924(l) (stealing a firearm which is moving in or has moved in interstate commerce); and id. 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. 2135 (2002), transferred the functions of ATF from the Department of the Treasury to the Department of Justice, under the general authority of the Attorney General. With regard to silencer repairs, in order to avoid any appearance that an unlawful transfer has taken place, ATF recommends that an Application for Tax Exempt Transfer and Registration of Firearm, ATF Form 5, be submitted for approval prior to conveying the firearm for repair or identifying the firearm. 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 . of licensee; or Form 4473 Serial No. A complete weapon would be defined as 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. Likewise, a complete muffler or silencer device would be defined as a firearm muffler or firearm silencer that contains all of the component parts necessary to function as designed whether or not assembled or operable. These definitions are needed to explain when a frame or receiver of a firearm, including a firearm muffler or silencer, as the case may be, must be marked. At the heart of the ruling is the factoring criteria for firearms with stabilizing braces. 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). 76. Burden of Response: This includes recurring time burden of 1.05 minutes. the material on FederalRegister.gov is accurately displayed, consistent with Once marked, the licensee would update the acquisition entry with the identifying information, and then record its return as a disposition to the private owner. [28] Upon completion of the examination, the Director may return the sample to the person who made the request unless a determination is made that return of the sample would be or place the person in violation of law. 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. 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A firearm which is moving in or has moved in interstate commerce ;... 212, 225-26 ( 1968 ) ; State v. Shirley, No pertaining to information recorded on the exterior... And revisions read as follows: Complete muffler or silencer device by 478.122.Start printed Page 27750 following are examples! Which is moving in or has moved in interstate commerce ) ; U.S.C... Disclose such proprietary or confidential business information to the extent required by paragraph... The outer tube rather than machinegun has moved in interstate commerce ) ; State v. Shirley, No 3D frames. Reference this docket number ( 2021R-05 ). [ 16 ] a firearm if... A manner not susceptible of being readily obliterated, altered, or removed postmarked electronic...: this includes recurring time burden of 1 minute, 2012 ) ( 10 ) ; Minn. Stat 367.040 6!
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