atf definition of other firearm

72. 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. 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; B. documents in the last year, by the Energy Department 60. (c) The Director may authorize alternate records to be maintained by a licensed manufacturer to record the acquisition or disposition of firearms and armor piercing ammunition when it is shown by the licensed manufacturer that such alternate records will accurately and readily disclose the information required by this section. Like the AD Record, this form requires licensees to record the manufacturer and importer, model (if designated), serial number, type, and caliber or gauge of the firearm. 27 CFR 478.11. Most states require pawnbrokers to record or report any serial number and other identifying markings on pawned merchandise so that police can determine their origin. The total 10-year discounted cost of the rule is $1.0 million and $1.2 million at 7 percent and 3 percent respectively. Licensed manufacturers and licensed importers may continue to identify firearms of the same design and configuration as they existed before [EFFECTIVE DATE OF THE FINAL RULE] with the information required to be marked by paragraphs (a)(1) and (2) of this section that were in effect prior to that date, and any rules necessary to ensure such identification shall remain effective for that purpose. section 37:1782(16)(a); Mass. Such privately made firearms have and will continue to make their way to the primary market in firearms throughout the licensed community. 40. Source: ATF Office of Strategic Intelligence and Information. [910]. This proposed rule will not result in the expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector of $100 million or more in any one year and it will not significantly or uniquely affect small governments. In paragraph (a)(1)(v)(A), remove the word manufacturer and add in its place manufacturer(s) of the firearm or privately made firearm (if privately made in the United States); b. 21. This amendment would make clear that businesses that routinely repair or customize existing firearms, make or fit special barrels, stocks, or trigger mechanisms, or mark firearms as a service performed on firearms not for sale or distribution by a licensee, may be licensed as dealer-gunsmiths rather than as manufacturers. Existing law recognizes that the definition of frame or receiver need not be limited to a strict application of the regulation. section 40:1788; Me. Since it began issuing firearm classifications under the GCA and NFA in private letter rulings and for criminal investigations, ATF has considered a variety of factors when examining firearms, including: (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, such as the hammer, bolt or breechblock, and firing mechanism; (e) whether the component could 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, in accordance with regulations; (f) whether classifying the particular component is consistent with the legislative intent of the GCA and implementing regulations; and (g) whether classifying the component as the frame or receiver is consistent with ATF's prior classifications. Under Section 603(b) of the RFA, the regulatory flexibility analysis must provide or address: One of the reasons ATF is considering this proposed regulation is the failure of the market to compensate for negative externalities caused by commercial activity. [51], This second supplement explains that ATF may determine in the case of a firearm with more than one part that provides housing or a structure designed to hold or integrate one or more fire control or essential components whether one or more specific part(s) of a weapon is the frame or receiver, which may include an internal frame or chassis at least partially exposed to the exterior to allow identification. [29] In turn, this would allow prohibited persons to acquire upper and lower receivers that can quickly be assembled into semiautomatic weapons more easily and without a background check. The additions and revisions read as follows: Complete muffler or silencer device. Paper records that do not contain any open disposition entries and with no dispositions recorded within 20 years may be stored at a separate warehouse, which shall be considered part of the business premises for this purpose and subject to inspection under this part. 5812; 26 U.S.C. With respect to polymer firearms, including those that are produced using additive manufacturing (also known as 3D printing), the method of marking would typically require the licensee to embed (or use pre-existing) metal serial number plates within the plastic to ensure they cannot be worn away during normal use. section 66-391(b)(1); Ohio Rev. The FFA and implementing regulations defined the term firearm to mean any weapon, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosive and a firearm muffler or firearm silencer, or any part or parts of such weapon. Public Law 75-785, 52 Stat. ATF will make all comments meeting the requirements of this section, whether submitted electronically or on paper, available for public viewing at ATF and on the internet through the Federal eRulemaking Portal, and subject to the Freedom of Information Act (5 U.S.C. 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. ATF estimates that this proposed rule could potentially affect 132,023 entities, including all FFLs and non-FFL manufacturers and retailers of firearm parts kits with incomplete firearm frames or receivers, but anticipates that the majority of entities affected by this rule would experience minimal or no additional costs. on if such forms filed numerically; i. 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. Licensees would have 60 days to mark PMFs already in inventory after a final rule becomes effective. For the reasons discussed in the preamble, 27 CFR parts 447, 478, and 479 are proposed to be amended as follows: 1. This definition and factors considered in determining whether a weapon, including a weapon parts kit, or unfinished or damaged frame or receiver may readily be assembled, completed, converted, or restored to function are based on case law interpreting the terms may readily be converted to expel a projectile in 18 U.S.C. All properly completed comments received will be posted without change to the Federal eRulemaking portal, www.regulations.gov,, including any personal information provided. (5) Firearms designed and configured before [EFFECTIVE DATE OF THE FINAL RULE]. Learn more here. section 44-1625(C)(5); Colo. Rev. A Description of, and Where Feasible, an Estimate of the Number of Small Entities to Which the Proposed Rule Will Apply, 4. For more details, please refer to Chapters 1 and 10 of the Regulatory Impact Analysis. 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. section 790.27; Ga. Code. 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. 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. 35 Non-FFL manufacturers (Definition of Receiver). [58] ATF FINAL RULE: Factoring Criteria For Firearms With Stabilizing Braces On the virtual eve of SHOT Show 2023, the Department of Justice is amending the regulations surrounding the clarification of firearms that constitute a rifle under federal law. 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. section 510/5(a); Ind. 11 section 1459; Fla. Stat. section 134-10.2 (prohibiting unlicensed persons from producing 3D printed or parts kit firearms without a serial number); Mass. 5845(m). The annualized cost of this proposed rule would be $147,048 and $135,750, also at 7 percent and 3 percent, respectively. documents in the last year, 1487 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. 61. Paper forms over 20 years of age may be stored at a separate warehouse, which shall be considered part of the business premises for this purpose and subject to inspection under this part. The proposed amendments would enhance public safety by ensuring that records of active licensees will be available for tracing purposes. tit. 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. This responsibility includes the authority to promulgate regulations necessary to enforce the provisions of the GCA and NFA. section 29-36; Del. 922(k) and 26 U.S.C. This resulted in some traces of firearms involved in crimes to be returned incomplete for lack of records. 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. This "receiver," even without the rest of the weapon, is legally considered a firearm in itself. The Attorney General is responsible for enforcing the Gun Control Act of 1968 (GCA), as amended, and the National Firearms Act of 1934 (NFA), as amended. 923(g)(5)(A), licensed dealers along the Southwest border are also required by demand letter to report to ATF multiple sales of certain rifles during five consecutive business days to the same person on ATF Form 3310.12, including the rifle's serial number, manufacturer, importer, model, and caliber. Likewise, the proposed rule would allow qualified manufacturers to transfer muffler or silencer replacement parts to qualified manufacturers and dealers to repair existing devices already identified and registered in the NFRTR. documents in the last year, 876 20. Code section 5-73-107; Cal. 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. When a firearm is disposed to an unlicensed person, licensees are required to complete a Firearms Transaction Record, ATF Form 4473 (Form 4473). Also under that statute, licensed dealers with 15 or more trace requests with a time-to-crime of three years or less must report to ATF the acquisition date, model, caliber or gauge, and the serial number of a secondhand firearm transferred by the dealer. While every effort has been made to ensure that General Definition of Frame or Receiver, 2. ATF's redefinition of "firearm," and ATF's other APA (Administrative Procedure Act of 1946) violations. In 479.62(b)(3), remove manufacturer and add in its place manufacturer(s) and remove the words serial number and add in their place serial number(s). Persons should consult the laws and officials in their own States and localities to determine the lawfulness of PMFs. For these reasons, the Department proposes amending ATF's regulations to clarify the definition of firearm and to provide a more comprehensive definition of frame or receiver so that those definitions more accurately reflect firearm configurations not explicitly captured under the existing definitions in 27 CFR 478.11 and 479.11. should verify the contents of the documents against a final, official This is because the recovery location or correlated crime is not always communicated by the agency to ATF in the tracing process. For purposes of this definition, the term destroyed means that the frame or receiver has been permanently altered not to provide housing or a structure that may hold or integrate any fire control or essential internal component, and may not readily be assembled, completed, converted, or restored to a functional state. to the courts under 44 U.S.C. 1997) (shotgun with broken breech bolt); United States v. Hunter, 101 F.3d 82 (9th Cir. 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. 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. [25], With the proliferation of PMFs, ATF has also received numerous requests from licensees seeking clarity on how they may be accepted and recorded so that they can track their inventories, process warranty claims, reconcile any missing inventory, respond to trace requests, and report lost or stolen PMFs to police and insurance companies. Forms 4473 shall be retained in the licensee's records as provided in 478.124(b): Provided, that Forms 4473 with respect to which a sale, delivery or transfer did not take place shall be separately retained in alphabetical (by name of transferee) or chronological (by date of transferee's certification) order. (2) Frames or receivers of different weapons that are combined to create a similar weapon each retain their respective classifications as frames or receivers provided they retain their original design and configuration. Not only is it difficult for manufacturers to apply identifying markings, there is also the administrative difficulty in timely filing and processing numerous ATF Forms 2, Notice of Firearms Manufactured or Imported upon manufacture of each part, and ATF Forms 3, Application for Tax-Exempt Transfer of Firearm and Registration to Special Occupational Taxpayer upon sale or other disposition of each part to another qualified licensee. This third supplement would define frame or receiver to include in the case of a frame or receiver that is partially complete, disassembled, or inoperable, a frame or receiver that has reached a stage in manufacture where it may readily be completed, assembled, converted, or restored to a functional state. To determine this status, the Director may consider any available instructions, guides, templates, jigs, equipment, tools, or marketing materials. For clarification, partially complete for purposes of this definition 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., This supplement addresses another core challenge of the existing, definition of firearm frame or receiver; namely, that it does not address the question when an object becomes a frame or receiver. Nonetheless, as explained in Section II.B.3 of the preamble, an internal frame or chassis at least partially exposed to the exterior to allow identification may be determined by ATF to be the frame or receiver of a split or modular frame or receiver. Stat. As defined in 5 CFR 1320.3(c), collection of information comprises reporting, recordkeeping, monitoring, posting, labeling, and other similar actions. An Identification, to the Extent Practicable, of All Relevant Federal Rules Which May Duplicate, Overlap or Conflict With the Proposed Rule, 5. Va. 2002) (ATF has a statutory duty pursuant to the GCA to trace firearms to keep them out of the hands of criminals). (4) Size and depth of markings. ch. of the issuing agency. You, as a manufacturer, importer, or maker of a firearm, must legibly identify the firearm as follows: (1) Serial number, name, place of business. 923(g)(1)(A); 27 CFR 478.124. informational resource until the Administrative Committee of the Federal 5845(b). 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. A Succinct Statement of the Objectives of, and Legal Basis for, the Proposed Rule, 3. At the same time, consistent with the intent of the GCA,[69] 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. edition of the Federal Register. At the behest of President Joe Biden, the unelected bureaucrats at . See 81 FR 26764 (May 4, 2016). Licensees shall retain each Form 4473 until business is discontinued, either on paper, or in an electronic alternative method approved by the Director, at the Start Printed Page 27751business premises readily accessible for inspection under this part. section 21-41(c); Del. While ATF for decades has classified the lower receiver of the AR-15 rifle as a frame or receiver, courts recently have read the regulatory definition to mean that the lower portion of the AR-15 is not a frame or receiver because it only provides housing for the hammer and firing mechanism, but not the bolt or breechblock. section 56-12-9(A)(3); N.C. Gen. Stat. This alternative would grandfather in all existing firearms that would not meet the serialization standard for partially complete and split frames or receivers. Over the years, licensed importers and manufacturers have asked ATF to allow them to consolidate their records of importation or manufacture and acquisition and disposition of firearms, rather than maintaining separate records as required by 27 CFR 478.122(d) and 478.123(d). Under the GCA, licensed manufacturers and importers must identify the frame or receiver of each firearm, including a firearm muffler or silencer, with a serial number in accordance with regulations. an AR- or AK-type pistol) it will soon be considered a short-barreled rifle under the National Firearms Act of 1934. of licensee; or Form 4473 Serial No. In 479.141, remove the word manufacturer and add in its place manufacturer(s) and remove the words serial number and add in their place serial number(s). The new burden, as a result of this proposed rulemaking, is a one-time hourly burden of 3,022 (6,044 respondents * 2 responses * 0.25 hourly burden per respondent). Also, this proposed rule would not require Federal firearms licensees to accept any PMFs, or to mark them themselves. 2d 262, 272-73 (S.D.N.Y. Under the proposed rule, FFLs would be required to mark PMFs within 7 days of the firearm being received by a licensee, or before disposition, whichever first occurs. 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. 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. section 445-134.11(c)(10); 205 Ill. Comp. [35] [31] 15 U.S.C. Democrats often refer to such guns as "ghost guns," claiming they present a way to bypass gun control. 2005) (pistol with a broken firing pin and flattened firing-pin channel); United States. This rule proposes to authorize licensed manufacturers and importers to adopt an existing serial number, caliber/gauge, model, or other markings already identified on a firearm provided they legibly and conspicuously place, or cause to be placed, on each part (or 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 FFL 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], to ensure the traceability of the firearm. Millions of Americans face the threat of federal felony charges over guns they purchased legally thanks to a new rule released by the ATF. 1997) (no firing pin); United States v. Reed, 114 F.3d 1053 (10th Cir. offers a preview of documents scheduled to appear in the next day's The size of serial numbers required by this section is measured as the distance between the latitudinal ends of the character impression bottoms (bases). 921-931; 44 U.S.C. 1977) (holding that a weapon was a shotgun within the meaning of 26 U.S.C. c. In paragraph (a)(1)(iv)(G), remove serial number and add in its place serial number(s). section 609.667; Mo. 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. See Rev. 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. In recent years, the number of PMFs recovered from crime scenes throughout the country has increased. Code tit. See, e.g., Silverback Reviews, Polymer 80 Lower Completion/Parts Kit Install, YouTube (Aug. 19, 2019), https://www.youtube.com/watch?v=ThzFOIYZgIg (21-minute video of completion of a Polymer 80 lower parts kit with no slide). In paragraph (a)(1)(ii), remove the word country and add in its place the term country or countries; b. a. [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. 1981) (We cannot agree that Congress intended to impose a transfer tax and require registration whenever mere physical possession of a firearm is surrendered for a brief period.). Stat. 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. 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. Stat. Stat. Cent. 7801(a)(2)(A), 7805(a). 73. 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. 18. 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. Ann. 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