atf definition of other firearm

if licensee, or Form 4473 Serial No. While the GCA and implementing regulations define a firearm to include the frame or receiver, neither delineates when a frame or receiver is created. (d) Records of importation and manufacture. 922(a)(1)(A); id. The total 10-year undiscounted cost of this proposed rule is estimated to be $1.3 million. The term shall include any such identification on a privately made firearm, or an ATF issued serial number. ch. This may result in no part of a firearm being regulated as a frame or receiver contrary to the requirements in the GCA that ensure tracing to solve crime and help prevent prohibited persons from coming into possession of weapons. Written comments must be postmarked and electronic comments must be submitted on or before August 19, 2021. at 924(l) (stealing a firearm which is moving in or has moved in interstate commerce); and id. [43] A determination made by the Director under this paragraph shall not be deemed by any person to be applicable to or authoritative with respect to any other sample, design, model, or configuration. 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. Each licensed manufacturer or importer must identify by means of a serial number engraved or cast on the receiver or frame of the weapon, in such manner as the Attorney General shall by regulations prescribe, each firearm imported or manufactured by such importer or manufacturer.[3] 22. In 479.112(a), second sentence, remove the words serial number and add in their place the words serial number(s). 2007) (describing the tracing process). No. The plain language of the definition of firearm in 18 U.S.C. See 18 U.S.C. Frequency of Response: There will be a recurring response for all currently existing 13,595 licensed manufactures and licensed importers. 7801; 26 U.S.C. At the same time, consistent with the intent of the GCA,[69] 5527 (March 22, 1965). 4. 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. section 40-39-80(B)(1)(l)(iii),(ix); Tenn. Code Ann. The ATF is asserting that tools and information on how to make frames or receivers are, essentially frames and receivers. Adding this language would codify ATF Ruling 2012-1, and this ruling would become obsolete upon publication of the rule. 1953) (True enough, [these fishing rod kits] might be called `blanks' by those engaged in the trade, but what could they be called or to what practical use could they be put other than `fishing rods?' documents in the last year, by the Energy Department The nonexclusive list identifies the frame or receiver for the following firearms: (i) Colt 1911-type, Beretta/Browning/FN Herstal/Heckler Koch/Ruger/Sig Sauer/Smith Wesson/Taurus hammer fired semiautomatic pistols; (ii) Glock-type striker fired semiautomatic pistols; (iii) Sig Sauer P320-type semiautomatic pistols; (iv) certain locking block rail system semiautomatic pistols; (v) AR-15-type and Beretta AR-70-type firearms; (vi) Steyr AUG-type firearms; (vii) Thompson M1A1-type machineguns and semiautomatic variants, and L1A1, FN FAL, FN FNC, MP 38, MP 40, and SIG 550 type firearms, and HK-type machineguns and semiautomatic variants; (viii) Vickers/Maxim, Browning 1919, and M2-type machineguns, and box-type machineguns and semiautomatic variants thereof; and (ix) Sten, Sterling, and Kel-tec Sub-2000-type firearms. 20. 2d 262, 272-73 (S.D.N.Y. While millions of AR-15s/M-16s existed at the time ATF promulgated the definitions, they were manufactured almost exclusively for military use. In paragraph (b)(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 could potentially pose an enforcement issue that may not be resolved for years if not decades. 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. 212, 225-26 (1968); 18 U.S.C. section 40:1788; Me. 3797(a)(9) (now 7701(a)(9)) to the territory of American Samoa, rather than in a political sense, would be manifestly incompatible with the intent and purpose of the income tax exemption for persons earning income outside the United States). Specifically, under the Gun Control Act of 1968 ("GCA") and the National Firearms Act of 1934 ("NFA") the definition of "rifle" shall include a weapon that is equipped with an accessory, component, or other rearward attachment (e.g., a "stabilizing brace") that provides surface area that allows the weapon to be fired from the . documents in the last year, 16 States can require markings on firearms for individuals. ATF's new rule does not change the definition of a Firearm Frame or Receiver to include 3D printed firearms. (3) The Director has previously determined that a specific part is the frame or receiver with respect to certain weapons with split or modular frames or receivers. Importer's or manufacturer's serial number. The ATF Form 4473 is the primary evidence used to prosecute straw purchasers who buy firearms from a Federal firearms licensee on behalf of prohibited persons, such as felons, and other persons who could use them to commit a violent crime. Specifically, the House Report cited a January 11, 2019, Joint Intelligence Bulletin issued by DHS, FBI, and NCTC concluding that these rapidly evolving technologies pose an ongoing, metastasizing challenge to law enforcement in understanding, tracking, and tracing ghost guns, and an April 19, 2019, DHS intelligence assessment that repeated the warning that ghost guns pose an urgent and evolving threat to the homeland, particularly in the hands of ideologically motivated lone wolf actors. H.R. These markup elements allow the user to see how the document follows the (b) A record of each firearm disposed of by a manufacturer 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 manufacturer on the licensed premises. 61-189 (IRS RRU), 1961-2 C.B. 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. 20, 2015). Because of the difficulties and expense of marking and registering small individual components used to commercially manufacture a complete muffler or silencer device with little law enforcement benefit, this proposed rule would allow qualified manufacturers to transfer parts defined as a firearm muffler or silencer to other qualified manufacturers without immediately identifying or registering them. This alternative would grandfather in all existing firearms that would not meet the serialization standard for partially complete and split frames or receivers. See Ala. Code section 5-19A-3(1); Alaska Stat. 1997) (no firing pin); United States v. Reed, 114 F.3d 1053 (10th Cir. Federal law and regulations require licensees, before conducting business, to inventory the firearms possessed for such business and record it in a Firearms Acquisition and Disposition Record (AD Record). Code section 19.60.020(1)(e); W. Va. Code section 47-26-2(b)(1); Wis. Stat. 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. Codified Laws 22-14-5; Tenn. Code Ann. Stat. (a) Each licensed manufacturer shall record the name of the manufacturer(s), importer(s) (if any) and/or privately made firearm (if privately made in the United States), type, model, caliber or gauge, and serial number(s) of each firearm manufactured or otherwise acquired (including a frame or receiver to be disposed of separately), the date of such manufacture or other acquisition, and if otherwise acquired, the name and address or the name and license number of the person from whom it was received. has no substantive legal effect. United States v. Sands, 948 F.3d 709, 719 (6th Cir. 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). This change would help avoid multiple markings on firearms that could be confusing to law enforcement and alleviate concerns of some manufacturers and importers regarding serial number duplication when firearms are remanufactured or reimported. 601 et seq.). The prefatory paragraph to the definitional sections in the GCA and NFA regulations explain that [t]he terms `includes' and `including' do not exclude other things not enumerated which are in the same general class or are otherwise within the scope thereof. 27 CFR 478.11, 479.11. tit. Such a narrow interpretation of what constitutes a frame or receiver would allow persons to avoid: (a) Obtaining a license to engage in the business of manufacturing or importing upper or lower frames or receivers; (b) identifying upper or lower frames or receivers with a serial number and other traceable markings; (c) maintaining records of upper or lower frames or receivers produced or imported through which they can be traced; and (d) running NICS checks on potential transferees to determine if they are legally prohibited from receiving or possessing firearms when they acquire upper or lower frames or receivers. 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. This change is needed to ensure that acquisition records are closed out when firearms are no longer in inventory. Licensees shall maintain records of the importation, manufacture, or other acquisition of firearms, including ATF Forms 6 and 6A as required by subpart G of this part, until business is discontinued. 921(a)(24); 26 U.S.C. 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. section 790.27; Ga. Code. For a more detailed analysis, please refer to Chapters 1 and 10 of the Regulatory Impact Analysis. The additional information required to be marked on each frame or receiver (i.e., name, city and state, or name and abbreviated serial number) would only apply to new designs or configurations of firearms manufactured or imported after publication of the rule. The proposed procedure would assist ATF more efficiently to determine the design and intent of the manufacturer of the item through its written statements, and by examining the objective design features of an actual sample along with any instructions, guides, templates, jigs, equipment, tools, or marketing materials that are made available to the purchaser or recipient of the item (though ATF is not limited to examining the items submitted to make its determination). For purposes of this definition, the term fire control component means a component necessary for the firearm to initiate, complete, or continue the firing sequence, including any of the following: Hammer, bolt, bolt carrier, breechblock, cylinder, trigger mechanism, firing pin, striker, or slide rails. This proposed rule would affect a one-time number of responses of 12,088 responses (6,044 respondents * 2 responses). See Ala. Code section 13A-11-64; Alaska Stat. 46, 60 sections 7.4.6; 9.5.1. 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. 69. documents in the last year, 830 Rev. Thus, this definition includes only the major parts of the firearm, that is, the frame or receiver.); S. Rep. No. Specifically, this proposed rule would amend the definition of engaged in the business as it applies to a gunsmith in 27 CFR 478.11 to clarify the meaning of that term as someone who, as a service performed on existing firearms not for sale or distribution by a licensee, devotes time, attention, and labor to repairing or customizing firearms, making or fitting special barrels, stocks, or trigger mechanisms to firearms, or identifying firearms in accordance with this chapter, as a regular course of trade or business with the principal objective of livelihood or profit, but such term shall not include a person who occasionally repairs or customizes firearms, or occasionally makes or fits special barrels, stocks, or trigger mechanisms to firearms.. 923(i), and regulated as a firearm, see 18 U.S.C. 18, 2020), https://www.mcall.com/news/pennsylvania/mc-nws-pa-philadelphia-ghost-guns-20200318-jzyt4thyvvgntproexbleyleay-story.html;; Ghost Guns Are Everywhere in California, The Trace (May 17, 2019), https://www.thetrace.org/2019/05/ghost-gun-california-crime/;;; The Rise of Untraceable Ghost Guns, Wall Street Journal (Jan. 4, 2018), https://www.wsj.com/articles/the-rise-of-untraceable-ghost-guns-1515061800;; How D.C. Is Addressing An Ongoing Spike In Gun Violence, NPR Washington (Mar. (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. Stat. 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. 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. ATF anticipates a one-time hourly burden of 0.25 hours per respondent. Rul. Notice of proposed rulemaking; request for comment. This requirement would be added to an existing approved collection covered by OMB control number 1140-0050 and 1140-0067. The OFR/GPO partnership is committed to presenting accurate and reliable The term small entities comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of fewer than 50,000 people. 55. (c) Voluntary classification of firearms and armor piercing ammunition. A Succinct Statement of the Objectives of, and Legal Basis for, the Proposed Rule, 3. 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. 5845(i). Licensees must respond to ATF trace requests within 24 hours. 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. For more details, please refer to Chapter 5 of the Regulatory Impact Analysis. . 921(a)(3)(B).[16]. The Attorney General is responsible for enforcing the GCA, as amended, and the NFA, as amended. (iv) Size and depth of markings. 14, 2020), https://www.pennlive.com/crime/2020/07/ghost-gun-used-in-shooting-that-killed-two-outside-snyder-county-restaurant.html;; The gunman in the Saugus High School shooting used a `ghost gun,' sheriff says, CNN (Nov. 21, 2019), https://www.cnn.com/2019/11/21/us/saugus-shooting-ghost-gun/index.html;; How the felon killed at Walmart got his handgun, DA says, 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. 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. Existing law recognizes that the definition of frame or receiver need not be limited to a strict application of the regulation. In light of recent court cases, the majority of regulated firearms may not meet the existing definition of firearm frame or receiver. 3. Stat. 75. 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. 3:12-0522, 2012 WL 5198090, at *4 (M.D. 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. section 13-3102; Ark. [58] 35 Non-FFL manufacturers (Definition of Receiver). While this proposed change would increase the number of certain partsfirearm muffler or silencer frames or receiversthat need to be marked for modular silencers, this proposed change is not intended to require marking of all silencer parts so long as they are incorporated into a complete device by the original manufacturer or maker that is marked and registered. The term frame or receiver shall have the same meaning as in 27 CFR 478.11. 9. This change would be consistent with the definition of transfer in 26 U.S.C. 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. section 2C:39-3(n) (prohibiting possession of firearms manufactured or assembled without serial number); N.Y. 18 U.S.C. 921(a)(3)(B), clarifying that this term includes how most modern-day firearms operate would help ensure that the regulatory definition of frame or receiver will not be misinterpreted by the courts, the firearms industry, or the public at large to mean that most firearms in circulation have no part identifiable as a frame or receiver. 18 U.S.C. 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. 62. [22] 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. [70] (vii) Whether classifying the component as the frame or receiver is consistent with ATF's prior classifications. (a)(1) Firearms manufactured or imported by licensees. See 18 U.S.C. There would also be an amendment to 27 CFR 478.50(a) to allow all licensees, including manufacturers and importers, to store paper records and forms with no open disposition entries and with no dispositions recorded within 20 years at a separate warehouse, which would be considered part of the business premises for this purpose and subject to inspection. This means that in order to legally possess the firearm in this configuration, it must be registered with the ATF and the owner . regulatory information on FederalRegister.gov with the objective of Safety section 5-142; Mass. In all existing firearms that would not meet the existing definition of firearm frame or receiver is consistent with 's! Rule does not change the definition of firearm in this configuration, it must be registered with the of. Currently existing 13,595 licensed manufactures and licensed importers of this proposed rule, 3 responses!, BBC, ( ix ) ; W. Va. Code section 19.60.020 ( 1 ) ( 24 ) ; Stat... Responses ). 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