These figures were extracted on May 5, 2021, and include traces for both U.S. and international law enforcement agencies. The proposed rule would require silencers to be marked on any housing or structure, such as an outer tube or modular piece, designed to hold or integrate one or more essential internal components of the device. 48. This alternative would grandfather in all existing firearms that would not meet the serialization standard for partially complete and split frames or receivers. 27 CFR 478.11. ATF previously approved electronic storage of certain records under the conditions set forth in ATF Rulings 2016-1 (Acquisition and Disposition Records) and 2016-2 (ATF Forms 4473). This includes marking these parts with serial numbers for tracing purposes, recording these parts as firearms in required records, and running a National Instant Criminal Background Check System (NICS) background check when individuals purchase or acquire them. For more details, please refer to Chapters 1 and 10 of the Regulatory Impact Analysis. 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, Frequency of Response: There will be a recurring response for all currently existing 13,595 licensed manufactures and licensed importers. Rulemaking is therefore necessary to ensure that PMFs are not unlawfully manufactured for sale to licensees who may wish to acquire them for resale, or accept them as security in pawn for a loan, as this would undermine the important public safety goals of the GCA to reduce violent crime, which includes assisting State and local law enforcement in their efforts to control the traffic of firearms within their borders. B. These changes are consistent with ATF enforcement policy. See NFA Handbook, ATF E-Publication 5320.8 (April 2009), pp. More information and documentation can be found in our 01/18/2023, 202 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/. 7801(a)(2)(A), 7805(a). documents in the last year, 16 Finally, the definition would make clear to persons who may acquire or possess a part now defined as a frame or receiver that is identified with a serial number that they must presume, absent an official determination by ATF or other reliable evidence to the contrary, that the part is a firearm frame or receiver without further guidance. at 923(a). See 27 CFR parts 478, 479. This proposed rule does not duplicate or conflict with other Federal rules. 59 section 1509(D)(h); S.C. Code Ann. When a partially complete frame or receiver parts kit reaches a stage in manufacture where it may readily be completed, assembled, converted, or restored to a functional state, it would be considered a firearm frame or receiver that must be marked. The Director, however, reserves the right to determine, in light of all circumstances, whether a public hearing is necessary. 599A(c)(1). Rev. 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] (D) In the case of an imported firearm, the name of the country in which it was manufactured. In other words, they're re-re-defining their definition of a firearm, despite years of people building partially completed (80%) guns at home without government regulation. There may be future changes in firearms technology or terminology resulting in housings or holding structures for new or different components that initiate, complete, or continue the firing sequence of weapons that expel a projectile by the action of an explosive. is not designed or redesigned for using rimfire or conventional centerfire . (4) Exceptions(i) Alternate means or period of identification. The Rule just changes the process of building your firearm this way. 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. (iii) Adoption of identifying markings. at 922(t)(2),(4) (NICS background check denied if receipt of firearm by transferee would violate State law); id. New Definition of Firearm Frame or Receiver, 2. to include imported firearms, are considered the importer's or manufacturer's serial number protected by 18 U.S.C. 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. the current document as it appeared on Public Inspection on Rev. Laws section 750.230; Minnesota Stat. Further, this rule would amend the definition of transfer to clarify that the temporary conveyance of a lawfully possessed NFA firearm, including a silencer, to a qualified manufacturer or dealer for the sole purpose of repair, identification, evaluation, research, testing, or calibration, and return to the same lawful possessor is not a transfer requiring additional identification or registration in the NFRTR. 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. 922(b)(2) (prohibiting licensees from selling or delivering any firearm to any person in a State where the purchase or possession by such person of such firearm would be in violation of any State law or published ordinance applicable at the place of sale, delivery, or other disposition); id. (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. ATF anticipates only minimal costs associated with moving the serial number and other identifying information from the end cap or adding the same information to the outer tube on certain silencers. [68] By engraving, casting, stamping (impressing), or otherwise conspicuously placing or causing to be engraved, cast, stamped (impressed) or placed on each part (or specific part(s) previously determined by the Director) defined as a frame or receiver, or barrel or pistol slide (if applicable) thereof certain additional information. This site displays a prototype of a Web 2.0 version of the daily from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) over its inability to trace unmarked firearms that have been used in shootings and other crimes in recent years. 6. 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. Although the new definition would more broadly define the term frame or receiver than the current definition, it is not intended to alter any prior determinations by ATF of what it considers the frame or receiver of a particular split/modular weapon. 5845(j) because a temporary conveyance for these purposes is not a sale or other disposition. Licensed manufacturers and licensed importers of firearms must legibly identify each firearm they manufacture or import as follows: (i) Serial number, name, place of business. The proposed rule would require acquisition and disposition record changes to accommodate recording multiple frames or receivers that have different serial numbers if the original frames or receivers (with the same serial number) become separated and are reassembled with frames or receivers bearing different serial numbers. 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. 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. Unless previously identified by another licensee in accordance with this section, and except as provided in paragraph (a)(4)(vi) of this section, licensees must legibly and conspicuously identify each privately made firearm within seven days following the date of receipt or other acquisition (including from a personal collection), or before the date of disposition (including to a personal collection), whichever is sooner. [66] section 226.040(1)(d)(7); La. . This would not affect future production because this work would be part of their normal operations in creating new firearms. For the purposes of the National Firearms Act, the term "Any Other Weapon" means: 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; Any destructive device. In addition, ATF will disclose such proprietary or confidential business information to the extent required by other legal process. 1988) (rejecting argument that a collection of rifle parts cannot be a weapon). Because software updates occur regularly, and costs are already incorporated for those, ATF does not anticipate any additional costs would be incurred for these changes. [71] documents in the last year, 28 In light of recent court cases, the majority of regulated firearms may not meet the existing definition of firearm frame or receiver. All Activity; Home ; NJ & Federal Gun Law Discussion ; National Gun Law Discussion ; ATF finalizes rules for Stabilizing Braces Description and Number of Respondents: Currently there are 12,252 licensed manufacturers of firearms and 1,343 licensed importers. 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. Estimate of Total Annual Burden: The current burden listed in this collection of information is 85,630 hours. 2007) (describing the tracing process). These numbers (as of March 4, 2021) are likely far lower than the actual number of PMFs recovered from crime scenes because some law enforcement departments incorrectly trace some PMFs as commercially manufactured firearms, or may not see a need to use their resources to attempt to trace firearms with no serial number or other identifiable markings. 116-88, at 2 (May 28, 2019). More specifically, none of the internal nonstructural parts of a complete muffler or silencer device would need to be marked so long as each frame or receiver as defined in this rule is marked. to expel a projectile by the action of an explosive are firearms under the GCA. sections 6110.2, 6117; R.I. Gen. Laws section 11-47-24; S.C. Code. Notice of proposed rulemaking; request for comment. Some states allow for person to person transfers. Because the agency has determined that it will, the agency has prepared an initial regulatory flexibility analysis as described in the RFA. at 924(l) (stealing a firearm which is moving in or has moved in interstate commerce); and id. See 27 CFR 479.101(b); 478.92(a)(4)(iii); 479.102(f)(1). 5842(a); id. This assumes, of course, that the PMF involved in the crime could even be traced to the Federal firearms licensee, or that the correct Form 4473 could be located. 23. Submit comments in any of three ways (but do not submit the same comment multiple times or by more than one method). [58] Frame or receiver. on On April 11, 2022, the US Attorney General signed the new ATF final rule 2021R-05F - Definition of "Frame or Receiver" and Identification of Firearms. Ann. 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). 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. [59] To provide guidance on how the term readily is used to classify firearms, including frame or receiver parts kits or weapon parts kits sold with incomplete or unassembled frames or receivers, the NPRM adds this term to 27 CFR 478.11 and 479.11 and defined as a process that is fairly or reasonably efficient, quick, and easy, but not necessarily the most efficient, speedy, or easy process. It would further list factors relevant in making this determining to include: (a) Time, i.e., how long it takes to finish the process; (b) ease, i.e., how difficult it is to do so; (c) expertise, i.e., what knowledge and skills are required; (d) equipment, i.e., what tools are required; (e) availability, i.e., whether additional parts are required, and how easily they can be obtained; (f) expense, i.e., how much it costs; (g) scope, i.e., the extent to which the subject of the process must be changed to finish it; and (h) feasibility, i.e., whether the process would damage or destroy the subject of the process, or cause it to malfunction. 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. (e) Records of dealers and collectors. Alternative 1No change. 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. [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. 65. 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. (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. 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). on NARA's archives.gov. 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. Such information shall be recorded in a format containing the applicable columns below, except that for armor piercing ammunition, the information and format shall also include the quantity of projectiles: Importer's or Manufacturer's Firearms Acquisition and Disposition Record, Importer's or Manufacturer's Armor Piercing Ammunition Disposition Record. This is consistent with prior ATF guidance to the firearms industry. [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. 921(a)(23); 26 U.S.C. Partially Complete, Disassembled, or Inoperable Frame or Receiver, D. Definitions of Complete Weapon and Complete Muffler or Silencer Device, E. Definition of Privately Made Firearm, F. Definition of Importer's or Manufacturer's Serial Number, 1. that agencies use to create their documents. Realistically, we need to be concerned about markings that could be worn away during normal use or markings that could survive normal refinishing processes, e.g., blueing, plating, etc. 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. Stat. While a frame or receiver is clearly within the statutory definition of what constitutes a firearm under the GCA, 18 U.S.C. Application of the rule, as proposed, would not alter these prior Start Printed Page 27729ATF classifications. 921(a)(3)(B).[16]. By engraving, casting, stamping (impressing), or otherwise conspicuously placing or causing to be engraved, cast, stamped (impressed) or placed on each part (or specific part(s) previously determined by the Director) defined as a frame or receiver, or barrel or pistol slide (if applicable) thereof certain additional information. Criminal investigations and studies highlight this concern. ATF's redefinition of "firearm," and ATF's other APA (Administrative Procedure Act of 1946) violations. Safety section 5-142; Mass. 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. Unlike the prior definitions of frame or receiver that were rigidly tied to three specific fire control components (i.e., those necessary for the firearm to initiate or complete the firing sequence), the new regulatory definition is intended to be general enough to encompass changes in technology and parts terminology. , Mocoshow.com (April 6, 2021), https://mocoshow.com/blog/county-council-unanimously-approves-ghost-gun-bill/?fbclid=IwAR1KCyFal3AId31WKCTLanR-uEUj_-dW_T32lND5gfKmle_-nvIbZyT052. Ann. For purposes of this paragraph, firearms actively awaiting materials, parts, or equipment repair to be completed are actively in the manufacturing process. Non-FFL manufacturers are anticipated to be small and would potentially have a significant impact on their individual revenue. 25. Alternative 3Grandfather all existing firearms and receivers. Regulations promulgated to implement this law required each firearm manufactured after July 1, 1958, to be identified with the name of the manufacturer or importer, a serial number, caliber, and model. 552). The term frame or receiver shall mean, in the case of a firearm muffler or firearm silencer, a part of the firearm that, when the complete device is assembled, is visible from the exterior and provides housing or a structure, such as an outer tube or modular piece, designed to hold or integrate one or more essential internal components of the device, including any of the following: Baffles, baffling material, or expansion chamber. Stat. See HandleBandle, DIY: How to Build a Gun at Home (That Shoots) Part 1, YouTube (Oct. 7, 2018), https://www.youtube.com/watch?v=nO-8Pns9aq4;; HandleBandle, Polymer 80 with No Experience Tips (Build Part 2), YouTube (Oct. 7, 2018), https://www.youtube.com/watch?v=a0JM5v45vsg; HandleBandle, Legally Building a Gun in My Living Room (5D Tactical Glock Kit), YouTube (Oct. 18, 2018), https://www.youtube.com/watch?v=5SaNLrhnnuA. Of the potential number of licensed dealers and licensed pawnbrokers, ATF estimates that those directly affected would be a one-time surge of 5,298 licensed dealers, 710 licensed pawnbrokers, and 36 non-licensed dealers that would be affected. The proposed changes to 478.125 would also include a minor amendment to paragraph (f) to make it clear that in the event the licensee records a duplicate entry with the same firearm and acquisition information, whether to close out an old record book or for any other reason, the licensee must record a reference to the date and location of the subsequent entry (e.g., date of new entry, book name/number, page number, and line number) as the disposition. Agencies must perform a review to determine whether a rule will have such an impact. Code Ann. 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. 26. Before the requirements for this collection of information becomes effective, we will publish a notice in the Federal Register and request additional comments regarding the collection of information prior to OMB's decision to approve, modify, or disapprove the proposed collection. (j) Privately made firearms. According to both BASIC QUESTIONS ON FIREARMS IN CONNECTICUT as well as the WEAPONS BANNED AS ASSAULT WEAPONS the state of Connecticut has defined pistols, rifles, and shotguns as: A pistol according to CGS 29-27 is defined as " "Pistol" and "revolver" defined. Ann. Be signed and contain the commenter's complete first and last name and full mailing address; and. Once the new device with such part is completed, the manufacturer of the device shall identify and register it in the manner and within the period specified in this part for a complete muffler or silencer device. 2 Industrial Dr Suite G Keyport, NJ 07735, Copyright 2021 Modern Materiel. The documents posted on this site are XML renditions of published Federal The President of the United States issues other types of documents, including but not limited to; memoranda, notices, determinations, letters, messages, and orders. 923(g)(7); see also JG Sales Ltd. v. Truscott, 473 F.3d 1043, 1045-46 (9th Cir. See FFL Newsletter, Sept. 2011, p.5. During debate on the GCA and related bills introduced to address firearms trafficking, Congress recognized that regulation of all firearm parts was impractical. [79] Currently, the regulations assume that each part defined as a muffler or silencer must be marked and registered. either directly from manufacturers of the kits or retailers, without background checks or recordkeeping. 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]. 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. For more details, please refer to Chapter 4 of the Regulatory Impact Analysis.Start Printed Page 27737. No. Learn more here. However, this supplemental definition would also make clear that ATF would not classify an internal frame or chassis as a frame or receiver unless it is at least partially exposed to the exterior to allow identification so that licensees accepting them into inventory can quickly record the identifying markings, and law enforcement officers who recover the weapon can easily see the identifying markings for tracing purposes.[52]. 921(a)(3) to include not only a weapon that will, is designed to, or may readily be converted to expel a projectile, but also the frame or receiver of any such weapon. Title: Identification Markings Placed on Firearms. 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 . 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