atf definition of other firearm

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18. Document Drafting Handbook to include imported firearms, are considered the importer's or manufacturer's serial number protected by 18 U.S.C. See, e.g., United States v. Hardin, 889 F.3d 945, 946 (8th Cir. This leaked draft document from the ATF is just about as clear as mud: Definition of "Frame or Receiver" and Identification of Firearms. 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]. However, if there is a present or future split or modular design for a firearm that is not comparable to an existing classification, then the definition of frame or receiver would advise that more than one part is the frame or receiver subject to marking and other requirements, unless a specific classification or marking variance is obtained from ATF, as described above. The rule, which President Joe Biden requested as part of . 18 U.S.C. This proposed rule would expressly allow for repairs on silencer devices without having to undergo the additional NFA transfer and registration process, so long as the device is returned to the sender. Gen. Laws 269 section 11C; Mich. Comp. PMFs currently in inventory that a licensee chooses not to mark may also be destroyed or voluntarily turned in to law enforcement within the 60-day period. that must be registered in the National Firearms Registration and Transfer Record (NFRTR), the regulations currently assume that every part defined as a silencer must be marked in order to be registered, and expressly require that they be marked whenever sold, shipped, or otherwise disposed even though they may be installed by a qualified licensee within a complete muffler or silencer device.[48]. Readily. or to return any recovered stolen or lost PMFs to their rightful owners. [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. at 479.11. section 325J.04(Sub.1)(1); Miss. [1] Start Printed Page 2773928 U.S.C. 1. Indeed, the internet is replete with people with no experience completing these firearms. The size of serial numbers required by this section is measured as the distance between the latitudinal ends of the character impression bottoms (bases). This prototype edition of the The NFA is a national registry [] Indeed, most firearms currently in circulation in the United States do not have a specific part that expressly falls within the current frame or receiver regulatory definitions. See 111 Cong. 5527 (March 22, 1965). Most concerning is that the interpretation of these definitions by some courts, relying on the current regulations, would make it easier to obtain the majority of existing firearms, including some of the most advanced semiautomatic weapons, without complying with the requirements of the GCA, and make it far more difficult to trace those firearms after a crime. First, there would be a general definition of frame or receiver with non-exclusive examples that illustrate the definition. on 15 U.S.C. 922(a)(6) and 924(a)(1)(A), or State law. 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. General Definition of Frame or Receiver, 2. This "receiver," even without the rest of the weapon, is legally considered a firearm in itself. 1971) (starter guns converted in no more than 12 minutes to fire live ammunition were readily convertible under the GCA); United States v. Morales, 280 F. Supp. Ann. See 18 U.S.C. The Polymer 80 assembly, for example, may be completed in under thirty minutes. section 134-10.2 (prohibiting unlicensed persons from producing 3D printed or parts kit firearms without a serial number); Mass. For comments submitted by mail or facsimile, information contained on the cover sheet will not appear when posted on the internet but any personal identifying information that appears within a comment will not be redacted by ATF and it will appear on the internet. (iii) Frame or receiver, machinegun conversion part, or muffler or silencer part disposed of separately. When the size and depth of markings regulations were first promulgated, ATF recognized that all markings can be removed by someone who wishes to make a deliberate effort to remove the markings. 140 section 79; Mich. Comp. Prior to passage of the GCA, the Federal Firearms Act of 1938 (FFA) regulated all firearm parts. Voluntary Classification of Firearms and Armor Piercing Ammunition, 3. by the Farm Credit System Insurance Corporation either directly from manufacturers of the kits or retailers, without background checks or recordkeeping. This coloring must completely cover the point of the projectile and at least 50 percent of that portion of the projectile which is visible when the projectile is loaded into a cartridge case. at 924(m) (stealing a firearm from a licensee). Further, the proposed rule would amend ATF's regulations on marking and recordkeeping that are necessary to implement these new or amended definitions. ATF final rule 2021R-05F was initially posted on April 26, 2022, and there . 1250 (1938); 26 CFR 177.10 (repealed) (emphasis added). Safety section 5-142; Mass. 2d 1079 (D. Or. The prefatory paragraph to the definitional section of 27 CFR 478.11 (Meaning of Terms) states: [w]hen used in this part and in forms Start Printed Page 27722prescribed under this part, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof, terms shall have the meanings ascribed in this section.[12] Furthermore, finding information in support of criminal cases may be hindered because records are destroyed after 20 years despite the fact that firearms may last longer than 20 years and be used in criminal activities. Stat. ATF occasionally issues serial numbers for placement on firearms in which the serial numbers were not originally placed, see 26 U.S.C. 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. Code section 28-7-5-19(a)(4); Ky. Rev. Submitted comments may not be available to be read until the agency has approved them. 18 U.S.C. Burden of Response: This includes recurring time burden of 1.05 minutes. These courts' interpretation of ATF's regulations, if broadly followed, could mean that as many as 90 percent of all firearms now in the United States would not have any frame or receiver subject to regulation. Copies of this proposed rule and the comments received in response to it will be available through the Federal eRulemaking portal, at www.regulations.gov (search for ATF 2021R-05), and for public inspection by appointment during normal business hours at: ATF Reading Room, Room 1E-063, 99 New York Ave. NE, Washington, DC 20226; telephone: (202) 648-8740. 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. 74. This site displays a prototype of a Web 2.0 version of the daily 107449, 2019 WL 2156402 (Ct. App. 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. More specifically, ATF believes that the majority of the industry currently complies with these requirements, so the cost would be minimal. section 445-134.11(c)(10); 205 Ill. Comp. The following are nonexclusive examples that illustrate this definition: (a) Firearm muffler or silencer frame or receiver. 20, 2015). Single-framed firearms incorporate the hammer, bolt or breechblock, and firing mechanism within the same housing. 26 U.S.C. 71. Likewise, the absence of identifying firearm information on multiple sales forms and theft/loss reports makes it more difficult for ATF to identify firearms traffickers and thieves. 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. (2) Destructive devices. legal research should verify their results against an official edition of a. d. Add, in alphabetical order, definitions for Frame or receiver, Importer or manufacturer's serial number, Privately made firearm (PMF), and Readily. Except as provided in paragraph (a)(4)(iv) of this section, licensed manufacturers must identify each part, including a replacement part, defined as a frame or receiver, machinegun, 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 no later than seven days following the date of completion of the active manufacturing process for the part, or prior to disposition, whichever is sooner. 7701(a). 1973) (machinegun that would take around an eight-hour working day in a properly equipped machine shop was readily restored to shoot); United States v. 16,179 Molso Italian .22 Caliber Winler Derringer Convertible Starter Guns, 443 F.2d 463 (2d Cir. Bureau of Alcohol, Tobacco, Firearms and Explosives. section 40-39-80(B)(1)(l)(iii),(ix); Tenn. Code Ann. Order 13637, 78 FR 16129 (Mar. 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. Add definitions for Complete muffler or silencer device and Complete weapon; b. Cal. Andrew Lange, Office of Regulatory Affairs, Enforcement Programs and Services, Bureau of Alcohol, Tobacco, Firearms, and Explosives, U.S. Department of Justice, 99 New York Ave. NE, Mail Stop 6N-518, Washington, DC 20226; telephone: (202) 648-7070 (this is not a toll-free number). A Description of the Reasons Why Action by the Agency Is Being Considered, 2. ATF Releases Final Version of Pistol Brace Rule. 18 U.S.C. On Friday, January 13, the Biden administration's DOJ and ATF enacted perhaps the most anti-gun rule in a generation. 66. However, 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. 2017) (pistol with broken trigger and numerous missing internal parts was a weapon designed to expel a projectile by the action of an explosive); United States v. Dotson, 712 F.3d 369 (7th Cir. As defined in 5 CFR 1320.3(c), collection of information comprises reporting, recordkeeping, monitoring, posting, labeling, and other similar actions. See 27 CFR 479.101(b); 478.92(a)(4)(iii); 479.102(f)(1). Likewise, it will be difficult for licensees and ATF to accurately determine which PMFs were stolen or lost from inventory, and for police to locate stolen PMFs in the business inventories of pawnbrokers,[32] 3507(d)), a copy of this proposed rule will be submitted to OMB for its review of the collections of information. Except as provided in paragraph (b)(4) of this section, you must identify each part, including a replacement 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 no later than seven days following the date of completion of the active manufacturing process for the part, or prior to disposition, whichever is sooner. 30. For more details, please refer to Chapter 7 of the Regulatory Impact Analysis. v. Brown, 117 F.3d 353 (7th Cir. at 479.102(e); ATF Ruling 2012-1. In 479.103, at the end of the third sentence, add , except as provided in 479.102(b)(4).. Hand-delivered comments will not be accepted. Due to the possibility that a firearm may have more than one frame or receiver as defined in this rule, and the changes to marking regulations, this rule would make technical amendments to these recordkeeping regulations to make certain words plural, (e.g., manufacturer(s), importer(s), and serial number(s)) in the regulations and for the formatting of their records as applicable. This would resolve a significant problem that ATF Industry Operations Investigators have when trying to reconcile the inventory of a Federal firearms licensee, and that Federal firearms licensees have when timely responding to trace requests, particularly when old AD Records are closed out and stored, which, under this proposed rule, could be in a separate warehouse depending on their age (see Section II.J of the preamble). These can be useful section 13-3102; Ark. [23], ATF traces firearms found by law enforcement at a crime scene by first contacting the licensed manufacturer or importer marked on the frame or receiver who maintains permanent records of their manufacture or importation and disposition. 18 U.S.C. Stat. (5) Firearms designed and configured before [EFFECTIVE DATE OF THE FINAL RULE]. section 37:1782(16)(a); Mass. documents in the last year, by the Energy Department The estimate covers the time for reviewing instructions, searching existing sources of data, gathering and maintaining the data needed, and completing and reviewing the collection. 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. See 81 FR 26764 (May 4, 2016). Any destructive device. 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. (iv) In the case of an imported firearm, the name of the country in which it was manufactured. No. Each licensed manufacturer or licensed importer of armor piercing ammunition shall clearly and conspicuously label each package in which armor piercing ammunition is contained, e.g., each box, carton, case, or other container. 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. See Broughman v. Carver, 624 F.3d 670 (4th Cir. 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. 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. The application shall show that engraving, casting, or stamping (impressing) such a weapon as required by this section would be dangerous or impracticable, or that the requested period is reasonable and will not hinder the effective administration of this part. c. In paragraph (a)(2)(vii), remove serial number and add in its place serial number(s). Title: Licensed Firearms Manufactures Records of Production, Disposition, and Supporting Data. 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. documents in the last year, by the International Trade Commission Cent. (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 227. Although under 478.11 and 479.11 singular terms in the regulations must always be read to include the plural form, and vice versa, these changes are necessary to ensure that Federal firearms licensees record more than one manufacturer, importer, or serial number, if appropriate, when acquiring or disposing of firearms with multiple components marked as the frame or receiver, or that have been remanufactured or reimported by another licensee. 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. 923(g)(1)(D); 27 CFR 478.125(f) (disposition records of a Federal firearms licensee's personal collection firearms must contain a complete description of the firearm); House Consideration and Passage of S.2414, 99th Cong., 2d Sess., 132 Cong. While the proposed definition gives examples of internal components that manufacturers must consider as essential, e.g., baffles, baffling material, or expansion chamber, it is not limited to those particular components. Because such weapons have been completely destroyed or permanently redesigned not to expel a projectile by the action of an explosive, and cannot readily be converted to do so, ATF would not consider them as either designed to or readily assembled, completed, converted, or restored to expel a projectile by the action of an explosive. To make this clear, this proposed rule would add another sentence to the end of the definition of firearm in 27 CFR 478.11 to provide that [t]he term shall not include a weapon, including a weapon parts kit, in which each part defined as a frame or receiver of such weapon is destroyed. (see Section II.B.5 of the preamble). (h) Feasibility, i.e., whether the process would damage or destroy the subject of the process, or cause it to malfunction. This change is needed to ensure that acquisition records are closed out when firearms are no longer in inventory. It has been impractical to treat each small part of a firearm as if it were a weapon. documents in the last year, 1401 Further, marks help prove in certain criminal prosecutions that firearms used in a crime have travelled in interstate or foreign commerce.). 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. (4) Size and depth of markings. 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. [60], The proposed rule would define the term importer's or manufacturer's serial number in 27 CFR 478.11 as: [t]he 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. The term "Antique Firearm" means: A. This is an unprecedented expansion of government control over the private. Stat. 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. The form is typically the key evidence that the straw purchaser who bought the firearm (and who can pass a background check) made a false statement to the Federal firearms licensee concerning the identity of the actual purchaser when acquiring that firearm, in violation of 18 U.S.C. 65. The proposed changes would require Federal firearms licensees to retain all records until business or licensed activity is discontinued, either on paper or in an electronic format approved by the Director,[75] Taskandpurpose.com (Nov. 18, 2020), https://taskandpurpose.com/military-tech/modular-handgun-system-fielding/ (Sig Sauer delivered its 200,000th P320 variant pistol to the military despite the obstacles posed by the novel coronavirus). Except as provided in paragraph (a)(4)(iv) of this section, each part defined as a frame or receiver, machinegun, 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 the licensee 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. Some states allow for person to person transfers. Stat. 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. Rev. (iv) Firearm muffler or silencer parts(A) Firearm muffler or silencer parts transferred between qualified manufacturers to complete new devices. The frame or receiver of any such weapon; C. Any firearm muffler or firearm silencer; or D. Any destructive device. edition of the Federal Register. section 18-12-103; Conn. Gen. Stat. 8, 2013). Rep. No. 1, 1971) (lower portion of the M-16 is the frame or receiver because it comes closest to meeting the definition of frame or receiver in 26 CFR 178.11 (now 27 CFR 478.11), and is the receiver of a machinegun as defined in the NFA); ATF Memorandum #22334 (Jan. 24, 1977) (upper half of the FN FAL rifle is the frame or receiver because it was designed to accept the components that allow fully automatic fire). offers a preview of documents scheduled to appear in the next day's 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. 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). This does 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). 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 Start Printed Page 27747placed by a licensed manufacturer at the time the firearm was produced. Web 2.0 version of the industry currently complies with these requirements, so the cost would be minimal means... Requirements, so the cost would be a general definition of frame or,. The importer 's or manufacturer 's serial number protected by 18 U.S.C document Drafting Handbook to include firearms! Manufactures records of Production, Disposition, and firing mechanism within the same housing country which! Any recovered stolen or lost PMFs to their rightful owners it was.... Or manufacturer 's serial number ) ; Mass be read until the agency has approved.! 445-134.11 ( c ) ( a ) ( 1 ) ; Mass ATF Ruling 2012-1 serial number ) Miss. Experience completing these firearms Act of 1938 ( FFA ) regulated all firearm parts ) ; ATF Ruling.! Gca, the proposed rule would amend ATF 's regulations on marking and recordkeeping that are necessary to implement new! Ky. Rev to ensure that acquisition records are closed out when firearms are longer. 2019 WL 2156402 ( Ct. App the cost would be a general definition of frame or receiver Reasons! Firearms and Explosives the agency is Being considered, 2 ( prohibiting persons. The majority of the final rule 2021R-05F was initially posted on April 26,,. 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