2. . Application of the rule, as proposed, would not alter these prior Start Printed Page 27729ATF classifications. (a) Any explosive, incendiary, or poison gas (1) bomb, (2) grenade, (3) rocket having a propellent charge of more than 4 ounces, (4) missile having an explosive or incendiary charge of more than one-quarter ounce, (5) mine, or (6) similar device; (b) any type of weapon by whatever name known which will, or which may be . See Ala. Code section 13A-11-64; Alaska Stat. 227. 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). The agency announced plans to publish the final version of their rule reclassifying pistol braces, a popular firearm accessory, on Friday. Executive Order 13563 (Improving Regulation and Regulatory Review) emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. (1) Marking of ammunition. 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. See United States v. Marzzarella, 614 F.3d 85, 100 (3rd Cir. (v) Period of time to identify firearms. Increases tracing of crime scene firearms to prosecute criminals. Stat. 47. ATF's new rule does not change the definition of a Firearm Frame or Receiver to include 3D printed firearms. The President of the United States issues other types of documents, including but not limited to; memoranda, notices, determinations, letters, messages, and orders. section 538.04(1)(b)(3),(9); Ga. Code section 44-12-132(4); Haw. Licensed importers must identify imported firearms within the period prescribed in 478.112. 9603-04 (May 6, 1986) (statement of Sen. McClure). 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. The Director may issue a determination to a person whether an item is a firearm or armor piercing ammunition as defined in this part upon receipt of a written request or form prescribed by the Director. corresponding official PDF file on govinfo.gov. All Activity; Home ; NJ & Federal Gun Law Discussion ; National Gun Law Discussion ; ATF finalizes rules for Stabilizing Braces (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. 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. However, to reduce costs incurred by licensees, ATF anticipates that it would exercise its discretion not to enforce these format changes to the AD Record until an existing paper record book is completed (i.e., closed out) or electronic record version updated in the normal course of business, provided the information is accurately recorded as required in the existing record. 42. 21. 14. 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. In turn, these firearms are progressively finding their way to licensees who may wish to acquire them so they can advertise and market them broadly, or who may repair, customize, or accept them as security in pawn for a loan. As stated above, Congress replaced the term part or parts in the FFA definition of firearm with frame or receiver, the major parts of a weapon regulated under the GCA. Note: This section is intended to provide basic guidance in understanding firearm terminology. 3. [27] 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. Open for Comment, Rules of Practice and Procedure; Adjusting Civil Money Penalties for Inflation, Economic Sanctions & Foreign Assets Control, Revised Definition of Waters of the United States, Certain Preserved Mushrooms From France Determination, Energy Conservation Program: Test Procedure for Dishwashers, Prior Label Approval System: Expansion of Generic Label Approval, Rate Adjustments for Indian Irrigation Projects, Establishing the President's Advisory Council on African Diaspora Engagement in the United States, Alcohol, Tobacco, Firearms, and Explosives Bureau, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Definition of Receiver.RIA.5-7-21 - final, Definition of Frame or Receiver and Identification of Firearms, A. ATF's Application of the Definitions To Split Frames or Receivers, B. (B) Firearm muffler or silencer replacement parts transferred to qualified manufacturers or dealers to repair existing devices. 901(a), 82 Stat. 18 U.S.C. 2010) (concluding that even if strict scrutiny were to apply, 18 U.S.C. [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 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. 2020) (This `naked eye test' best comports with the ordinary meaning of `altered'; it is readily applied in the field and in the courtroom; it facilitates identification of a particular weapon; it makes more efficient the larger project of removing stolen guns from circulation; it operates against mutilation that impedes identification as well as mutilation that frustrates it; and it discourages the use of untraceable weapons without penalizing accidental damage or half-hearted efforts.). In 2016, ATF issued an Advance Notice of Proposed Rulemaking in response to a petition for rulemaking from a firearms industry trade association recommending that regulations be amended to require that a silencer be marked on the outer tube (as opposed to other locations), unless a variance is granted by the Director on a case-by-case basis for good cause. Alternate Means or Period of Identification, 7. Va. 2020) (indictment charging false statements on ATF Form 4473 in connection with the purchase of specific handguns listed by date of purchase, make, caliber, model, serial number, and name of FFL); United States v. McCurdy, 634 F. Supp. an AR- or AK-type pistol) it will soon be considered a short-barreled rifle under the National Firearms Act of 1934. developer tools pages. 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. 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. documents in the last year, 28 a. 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 more than one name, manufacturer, importer, or serial number, if appropriate, is recorded when completing the NFA forms. 107449, 2019 WL 2156402 (Ct. App. better and aid in comparing the online edition to the print edition. Prior to passage of the GCA, the Federal Firearms Act of 1938 (FFA) regulated all firearm parts. The short answer is that an "other firearm" is one that is designed to be fired with 2 hands, does not have a stock and has an overall length that exceeds 26. Such privately made firearms have and will continue to make their way to the primary market in firearms throughout the licensed community. The term gunsmith is not used in the GCA; however, the Firearm Owners' Protection Act, Public Law 99-308, amended the GCA to define engaged in the business as applied to dealers to clarify when gunsmiths must have a license. 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. 6. at 924(m) (stealing a firearm from a licensee). If ATF receives a request to examine or copy this information, it will treat it as any other request under the Freedom of Information Act (5 U.S.C. [36], Although clarifying the definition of frame or receiver in this rule would help the firearms industry and the public understand which part of a complete weapon is the regulated frame or receiver, and more commercially manufactured frames or receivers are likely to be marked by licensed manufacturers as a result, PMFs are increasingly being made or 3D printed at home without any identifying marks, recordkeeping, or background checks. In 478.129, revise paragraphs (b), (d), and (e) to read as follows: (b) Firearms Transaction Record. at 923(a). 2003-3 (HK G3 type receivers); ATF Rul. Rev. The revised definition substitutes the words `frame or receiver' for the words `any part or parts.' Criminal investigations and studies highlight this concern. Accordingly, the Department and ATF have promulgated regulations implementing both the GCA and the NFA. 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. This responsibility includes the authority to promulgate regulations necessary to enforce the provisions of the GCA and NFA. See Public Law 90-351, sec. However, no ATF Form 4473 or NICS background check would be required upon return of the marked firearm to the person from whom it was received, pursuant to 27 CFR 478.124(a). documents in the last year, 16 [7], Although ATF's regulatory definitions of frame or receiver do not expressly capture these types of firearms (i.e., split/multi-piece receivers) that now constitute the majority of firearms in the United States,[8] See 28 U.S.C. section 11.61.200; Ariz. Rev. [35] In paragraph (b)(1)(iv)(G), remove the words serial number and add in Start Printed Page 27749their place the words serial number(s); c. In paragraph (c)(2)(ii), remove the word manufacturer and add in its place the word manufacturer(s); d. In paragraph (c)(2)(iii), remove country of manufacturer and add in its place country or countries of manufacturer(s) of the firearm or privately made firearm (if privately made in the United States); and. 2013) (gun that was restored with 90 minutes of work, using widely available parts and equipment and common welding techniques, fit comfortably within the readily restorable standard); United States v. TRW Rifle 7.62x51mm Caliber, 447 F.3d 686, 692 (9th Cir. Stat. Both the GCA and NFA define the term manufacturer as any person engaged in the business of manufacturing firearms, and the GCA further defines the term licensed manufacturer as any such person licensed under the provisions of this chapter. 18 U.S.C. The commenter shall place any portion of a comment that is proprietary or confidential business information under law on pages separate from the balance of the comment with each page prominently marked PROPRIETARY OR CONFIDENTIAL BUSINESS INFORMATION at the top of the page. 921(a)(24); 26 U.S.C. section 18-2410; 720 Ill. Comp. 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). As such, ATF has required manufacturers and importers who use polymer plastic frames to mark serial numbers in a steel plate embedded within the plastic. 66 FR 40599 (Aug. 3, 2001). Marking the outer tube, as distinguished from a smaller non-housing component like an end cap that can be damaged upon expulsion of projectiles, best preserves the ability of law enforcement to trace the silencer device if used in crime, and is consistent with recommendations ATF has received from the firearms industry. 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. 2d 118 (D. Me 2009) (denial of a motion for a new trial discussing whether the firearm sold as documented on the ATF Form 4473 and the firearm introduced at trial were the same). [33] 2021-10058 Filed 5-20-21; 8:45 am], updated on 12:35 PM on Wednesday, January 18, 2023, updated on 8:45 AM on Wednesday, January 18, 2023. The conveyance may also be accomplished by submission of a letter from the registrant to the qualified FFL advising the FFL that the registrant is shipping or delivering the firearm for repair/identification and describing the repair or identification. 3d 469, 475-77 (N.D. Ohio 2019) (The language of the regulatory definition in 478.11 lends itself to only one interpretation: namely, that under the GCA, the receiver of a firearm must be a single unit that holds three, not two components: 1) the hammer, 2) the bolt or breechblock, and 3) the firing mechanism.); United States v. Jimenez, 191 F. Supp. The Public Inspection page may also 2006) (upholding district court's finding that .50 caliber rifle kits with incomplete receivers were firearms under 921(a)(3)(A) because they could easily be converted to expel a projectile); United States v. Morales, 280 F. Supp. ATF may not consider, or respond to, comments that do not meet these requirements or comments containing profanity. 33. ATF regulates firearms as defined by the Gun Control Act of 1968 and National Firearms Act, and therefore, in general, ATF does not regulate accessories such as "stabilizing braces." . ATF does not believe the production of 3D printed frames or receivers is substantial at this time when compared with commercially produced firearms. 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. establishing the XML-based Federal Register as an ACFR-sanctioned Basically, according to the definition set forth by the ATF it is not a pistol, not a rifle and not under the jurisdiction of the NFA therefore it classifies as an other firearm. The caliber and type of projectile is not factored into the classification. The DOJ and the Bureau of Alcohol, Tobacco, Firearms, and Explosives announced the new rule submission Friday, and it will go into effect after it's published in the Federal Register.. 23, 2021), https://www.anu.edu.au/news/all-news/glock-ghost-guns-up-for-grabs-on-the-dark-web;; Spain dismantles workshop making 3D-printed weapons, BBC, (Apr. Both FFLs and non-FFLs would have the option to contract with an FFL, such as a gunsmith, for this purpose, dispose of them, or send them to ATF or another law enforcement agency for disposal. 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. 46. (b) Armor piercing ammunition. 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 shall 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. 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. Rev. 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. (2) Privately made firearms. Be signed and contain the commenter's complete first and last name and full mailing address; and. Such alternate records shall not be employed by the licensed importer until approval in such regard is received from the Director. States can require markings on firearms for individuals. Any replica of any firearm described in subparagraph (A) if such replica. The lack of firearm description information in theft/loss reports makes it difficult for ATF to match recovered firearms with those reported as lost or stolen, thereby hindering ATF's efforts to enforce the numerous provisions of the GCA that prohibit thefts. Penal Law sections 265.50, 265.55 (prohibiting manufacture/possession of undetectable firearms); R.I. Gen. Laws section 11-47-8(e) (prohibiting possession of a ghost gun or an undetectable firearm or any firearm produced by a 3D printing process); Va. Code. Further, this NPRM proposes new terms and definitions to take into account technological developments and modern terminology in the firearms industry, as well as amendments to the marking and recordkeeping requirements that would be necessary to implement these definitions. section 54.1-4009(A)(1); Wash. Rev. But see United States v. Wada, 323 F. Supp. For more details, please refer to Chapter 8 of the Regulatory Impact Analysis. 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. Complete weapon. [31] The term AR-15 has become a catchall that includes a variety of weapons that look and operate similarly); Paul M. 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