atf definition of other firearm

The intent of Congress, as indicated by the plain language and the statutory scheme of the GCA, is to regulateas a firearmthe frame or receiver of a firearm. 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. More specifically, ATF believes that the majority of the industry currently complies with these requirements, so the cost would be minimal. However, the proposed rule would now require some manufacturers of silencers to mark the outer tube rather than the endcap. This provision is crucial in light of advances in technology that allow unlicensed persons easily to produce firearms at home from parts ordered online, or by using 3D printers or personally owned or leased equipment. Once the new device is complete with the part, the manufacturer would be required to identify and register the device in the manner and within the period specified in this rule for a complete device. 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. 923(i); see 27 CFR 478.92, 479.102. Except as provided in paragraph (b)(4) of this section, each 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 by you 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. See Ala. Code section 13A-11-64; Alaska Stat. For the reasons discussed in the preamble, 27 CFR parts 447, 478, and 479 are proposed to be amended as follows: 1. Penal Code section 31.11; Utah Code section 76-10-521 (handguns); Va. Code Ann. Rev. Ann. This change would be consistent with the definition of transfer in 26 U.S.C. There is only a minimal inconvenience for the dealer, yet obtaining and recording this information is critical to avoid serious damage to the Firearm Tracing Program.). (d) Records of importation and manufacture. at 922(j) (receiving, possessing, concealing, storing, bartering, selling, disposing, or pledging or accepting as security for a loan any stolen firearm which has moved in interstate or foreign commerce); id. Even though neither the upper nor the lower portion of a split/multi-piece receiver firearm alone falls within the precise wording of the regulatory definition, ATF has for many years interpreted the regulatory definition using these factors as a guide in determining which portion of a weapon model is a firearm frame or receiver. 26 U.S.C. United States v. Sands, 948 F.3d 709, 719 (6th Cir. 50. Even though they generally cannot function to expel a projectile when sold, weapon parts kits are still weaponsreal combat instruments, such as pistols, revolvers, rifles, or shotgunsin an unassembled, unfinished, and/or incomplete state or configuration. section 166.450; 18 Pa. Cons. include documents scheduled for later issues, at the request 5841(a)(1); id. Army Picks Sig Sauer's P320 Handgun to Replace M9 Service Pistol, And when licensees sell or otherwise dispose of multiple pistols or revolvers within five consecutive business days to the same person, they must report to ATF the type, serial number, manufacturer, model, importer, and caliber on a Report of Multiple Sale or Other Disposition of Pistols and Revolvers, ATF Form 3310.4.[30]. [20] Laws section 446.205(5)(1),(4); Minn. Stat. 2013) (damaged pistol with corroded, missing and broken components); United States v. Rivera, 415 F.3d 284, 285-87 (2nd Cir. (c) The Director may authorize alternate records to be maintained by a licensed importer to record the acquisition and disposition of firearms and armor piercing ammunition when it is shown by the licensed importer that such alternate records will accurately and readily disclose the information required by this section. 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. 29. The information required by this paragraph shall be recorded in a format containing the applicable columns prescribed by 478.122.Start Printed Page 27750. Additionally, persons who engage in the business of selling or distributing such weapon parts kits cannot avoid licensing, marking, recordkeeping, or excise taxation by selling or shipping the parts in more than one box or shipment to the same person, or by conspiring with another person to do so. 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. 18 U.S.C. b. Code section 19.60.020(1)(e); W. Va. Code section 47-26-2(b)(1); Wis. Stat. developer tools pages. 19. nextgov.com (Mar. Markings must also be clearly visible from the exterior because they may be needed to prove that a criminal defendant had knowledge that the serial number was obliterated or altered. section 571.050; Mont. Licensed manufacturers and licensed importers may adopt the serial number(s) or other identifying markings previously placed on a firearm in accordance with this section provided that, within the period and in the manner herein prescribed, the licensee legibly and conspicuously places, or causes to be placed, on each part (or specific part(s) previously determined by the Director) defined as a frame or receiver either: Their name (or recognized abbreviation), and city and State (or recognized abbreviation) where they maintain their place of business; or their name (or recognized abbreviation) and abbreviated Federal firearms license number, which is the first three and last five digits, followed by a hyphen, and then followed by the existing serial number (including any other abbreviated FFL prefix) as a suffix, e.g., 12345678-[serial number]. The term made is incorporated within the term privately made firearm rather than manufacture to distinguish between firearms manufactured (or made) by private individuals without a license and those manufactured by persons licensed to engage in the business of manufacturing firearms. It is not an official legal edition of the Federal Register (ACFR) issues a regulation granting it official legal status. Va. 2002) (ATF has a statutory duty pursuant to the GCA to trace firearms to keep them out of the hands of criminals). During debate on the GCA and related bills introduced to address firearms trafficking, Congress recognized that regulation of all firearm parts was impractical. 599A(b)(1); 28 CFR 0.130(a)(1)-(2). at 923(a). 8, 2013). Burden of Response: This includes recurring time burden of 1 minute. B. 7. rendition of the daily Federal Register on FederalRegister.gov does not 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. 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. 2006) (a two-hour restoration process using ordinary tools, including a stick weld, is within the ordinary meaning of readily restored); United States v. Mullins, 446 F.3d 750, 756 (8th Cir. See FFL Newsletter, May 2012, p.5 (If a firearm is marked with two manufacturer's names, or multiple manufacturer and importer names, FFLs should record each manufacturers' and importers' name in the AD record.). Such alternate records shall not be employed by the licensed manufacturer until approval in such regard is received from the Director. 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. Having reached the stage of manufacture or development where they became recognizable as one of the sporting goods described in Section 3406(a)(1) the rods upon being sold were subject to tax even though there remained one or more finishing operations to be performed.) (citations omitted). section 45-6-209(b)(1)(C),(H); Tex. For more details, please refer to Chapters 1 and 10 of the Regulatory Impact Analysis. 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?' 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.. Commenters should be aware that the electronic Federal Docket Management System will not accept comments after Midnight Eastern Time on the last day of the comment period. 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. . 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. This count refers to the total comment/submissions received on this document as reported by Regulations.gov (last updated on 11/05/2021 at 11:30 pm). For purposes of this paragraph, firearms actively awaiting materials, parts, or equipment repair to be completed are actively in the manufacturing process. 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. 1991) (conspiracy to cause and aid and abet the possession of unregistered machineguns where one defendant sold parts kits containing all component parts of Sten machineguns except receiver tubes, and the other sold customers blank receiver tubes along with detailed instructions on how to complete them); Internal Revenue Service Technical Advice Memorandum 8709002, 1986 WL 372494, at 4 (Nov. 13, 1986) (for purposes of imposing Firearms Excise Tax it is irrelevant whether the components of a revolver in an unassembled knockdown condition are sold separately to the same purchaser in various related transactions, rather than sold as a complete kit in a single transaction). Some states allow for person to person transfers. 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). section 510/5(a); Ind. 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. 44. The Public Inspection page See, e.g., United States v. Powell, 467 F. Supp. In the fourth sentence of paragraph (f), remove Upon receipt of such Forms 4473, the and add in its place The, remove manufacturer and add in its place manufacturer(s), remove the words importer (if any) and add in their place importer(s) (if any) of the firearm or privately made firearm (if privately made in the United States), and remove the words serial number and add in their place serial number(s). 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, Code section 62.1-03-05; Ohio Rev. Andrew Lange, Office of Regulatory Affairs, Enforcement Programs and Services, Bureau of Alcohol, Tobacco, Firearms, and Explosives, U.S. Department of Justice, 99 New York Ave. NE, Mail Stop 6N-518, Washington, DC 20226; telephone: (202) 648-7070 (this is not a toll-free number). [64] Like changes to the recordkeeping regulations, these amendments would make certain words plural, (e.g., manufacturer(s), importer(s), and serial number(s)) to ensure that the Federal firearms licensee is recording more than one manufacturer, importer, and serial number, if appropriate, on Forms 4473. 235, 256 (E.D. section 134-10.2 (prohibiting unlicensed persons from producing 3D printed or parts kit firearms without a serial number); Mass. 923(g)(7); see also JG Sales Ltd. v. Truscott, 473 F.3d 1043, 1045-46 (9th Cir. The proposed definitions would take into account the fact that modern firearms do not house all the components as defined in the current definition. Application of the rule, as proposed, would not alter these prior Start Printed Page 27729ATF classifications. 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. 46, 60 sections 7.4.6; 9.5.1. 921(a)(23); 26 U.S.C. In view of advancements in electronic scanning and storage technology, and ATF's acceptance of electronic recordkeeping, these amendments would reverse a 1985 rulemaking allowing non-manufacturer/importer Federal firearms licensees to destroy their records after 20 years. at 5845(a), (b). Alternative 1No change. An additional amendment to 27 CFR 478.92 and 478.102 would clarify the meaning of the terms legible and legibly to ensure that the identification markings use exclusively Roman letters (e.g., A, a, B, b, C, c) and Arabic numerals (e.g., 1, 2, 3), or solely Arabic numerals, and may include a hyphen, and that the terms conspicuous and conspicuously are understood to mean that the identification markings are capable of being easily seen with normal handling of the firearm and unobstructed by other markings when the complete weapon is assembled. This would codify the meaning of those terms as explained in ATF Ruling 2002-6 (legible), and ATF's final rule at 66 FR 40599 (Aug. 3, 2001) (referencing U.S. Customs Service regulations on the definition of conspicuous). The agency announced plans to publish the final version of their rule reclassifying pistol braces, a popular firearm accessory, on Friday. 2017) (complete UZI parts kits could `readily be converted to expel a projectile by the action of an explosive,' meeting the statute's definition of firearm under section 921(a)(3)(A) because the kits contained all of the necessary components to assemble a fully functioning firearm with relative ease); United States v. Stewart, 451 F.3d 1071, 1073 n.2 (9th Cir. 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. (d) Destroyed frame or receiver. documents in the last year, by the Indian Affairs Bureau section 29-36a(a) (prohibiting manufacture of firearms without permanently affixing serial numbers issued by the State); DC Code section 7-2504.08(a) (prohibiting licensees from selling firearms without serial numbers); Haw. shoulder, provided other factors, as listed in the definition, indicate the weapon is designed and intended to be fired from the shoulder. However, individual muffler or silencer parts must be marked if they are disposed of separately from a complete device unless transferred by qualified manufacturers to other qualified licensees for the manufacture or repair of complete devices (see Section II.H.9 of the preamble). This change is needed to ensure that acquisition records are closed out when firearms are no longer in inventory. 01/18/2023, 284 The Omnibus Crime Control and Safe Streets Act of 1968 repealed the FFA, replacing it with the GCA. a. * * *. Title: Licensed Firearms Manufactures Records of Production, Disposition, and Supporting Data. See NFA Handbook, ATF E-Publication 5320.8 (April 2009), pp. In paragraph (b)(1)(iv)(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. documents in the last year, 973 Code section 9.41.190 (prohibiting the manufacture with intent to sell of undetectable and untraceable firearms); see also Philadelphia Becomes First City To Ban 3D-Printed Gun Manufacturing, headings within the legal text of Federal Register documents. Adding this language would codify ATF Ruling 2012-1, and this ruling would become obsolete upon publication of the rule. In 479.84(b)(8), remove manufacturer and add in its place manufacturer(s), remove the words importer (if known) and add in their place importer(s) (if known), and remove the words serial number, wherever they may be, and add in their place serial number(s). 24. at 5845(a)(7). 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. The Director, however, reserves the right to determine, in light of all circumstances, whether a public hearing is necessary. 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. (B) Firearm muffler or silencer replacement parts transferred to qualified manufacturers or dealers to repair existing devices. Privately Made Firearms or Ghost Guns, 1. [78] 18 U.S.C. This requirement would be added to an existing approved collection covered by OMB control number 1140-0050 and 1140-0067. 7701(a). Indeed, the current definitions were never intended to be, or understood to be, exhaustive; at the time the current definitions were adopted there were numerous models of firearms that did not contain a part that fully met the regulatory definition of frame or receiver, such as the Colt 1911, FN-FAL, and the AR-15/M-16, all of which were originally manufactured almost exclusively for military use, and ATF has long applied these factors in determining which component of those weapons qualifies as the frame or receiver.[11]. These definitions account for firearms such as split frames or multi-piece firearms; The proposed definition would recognize the current classifications of a firearm frame or receiver. It is intended to encompass the majority, if not all, of existing regulated firearms, and no new marking requirements would be required for these existing designs and configurations; After this proposed rule is finalized, markings on new designs or configurations of firearms manufactured or imported may be accomplished by marking each frame or receiver with the licensee's name, city, and state, and serial number, or with the licensee's name and abbreviated license number prefix and number (serial number) in the manner prescribed by existing marking requirements; Markings would need to be accomplished within 7 days of completion of the active manufacturing process for the complete weapon (or frame or receiver of such weapon if not being sold as a complete weapon); and. For more details, please refer to Chapter 5 of the Regulatory Impact Analysis. At the same time, it would give an option for manufacturers and importers to avoid marking their city and state as currently required at 478.92(a)(1)(ii)(D), (E) and 479.102(a)(1)(iv) and (v), or obtain a marking variance from this requirement, by allowing them to mark their abbreviated license number as a prefix to the serial number as an alternative because this information can be obtained by looking up the licensee's information. This helps regulated industry members and the public determine what laws and regulations may be applicable to the product, and any steps that they may need to take to be compliant with those laws and regulations. 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. 1. Each licensed manufacturer or licensed importer of armor piercing ammunition shall clearly and conspicuously label each package in which armor piercing ammunition is contained, e.g., each box, carton, case, or other container. In determining whether a partially complete, disassembled, or inoperable frame or receiver may readily be assembled, completed, converted, or restored to a functional state, the Director may consider any available instructions, guides, templates, jigs, equipment, tools, or marketing materials. This proposed rule would make minor amendments to 27 CFR 478.122, 478.123, 478.125, and 478.125a, pertaining to the acquisition and disposition records maintained by importers, manufacturers, and dealers. section 37:1782(16)(a); Mass. See 27 CFR parts 478, 479. First, the marks are used by Federal firearms licensees to effectively track their firearms inventories and maintain all required records. Additionally, a firearm frame or receiver that is not a component part of a complete weapon at the time it is sold, shipped, or disposed of must be identified in the manner prescribed with a serial number and all of the other required markings. You, as a manufacturer, importer, or maker of a firearm, must legibly identify the firearm as follows: (1) Serial number, name, place of business. 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. In 479.103, at the end of the third sentence, add , except as provided in 479.102(b)(4).. Army Chooses Sig Sauer P320 For Its New Service Pistol, 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. Licensees shall identify in the manner prescribed by this section, or cause another licensee to so identify, each privately made firearm received or otherwise acquired (including from a personal collection) by the licensee before [EFFECTIVE DATE OF THE FINAL RULE] within sixty (60) days from that date, or prior to the date of final disposition (including to a personal collection), whichever is sooner. [59] 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. United States v. Rowold, 429 F. Supp. Code Ann. 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. See 27 CFR parts 478, 479. 6. 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. (6) Meaning of marking terms. 197 (1968). Tenn. Oct. 19, 2012) (serial number obliterated on the visible exterior of a revolver); State v. Shirley, No. For a more detailed analysis, please refer to Chapters 1 and 10 of the Regulatory Impact Analysis. While the proposed definition gives examples of internal components that manufacturers must consider as essential, e.g., baffles, baffling material, or expansion chamber, it is not limited to those particular components. 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Sands, 948 F.3d 709, 719 ( 6th Cir reclassifying pistol braces, a popular firearm,!, BBC, ( 4 ) ; see also JG Sales Ltd. v. Truscott, 473 F.3d 1043 1045-46. Prohibiting unlicensed persons from producing 3D Printed or parts kit firearms without a serial number ;., e.g., united States v. Sands, 948 F.3d 709, 719 ( 6th Cir (! For more details, please refer to Chapters 1 and 10 of the rule, as proposed, would alter. Debate on the visible exterior of a revolver ) ; Mass to the total comment/submissions received on this as... 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, ( )! 16 ) ( 1 ) ; id all the components as defined the. Now require some manufacturers of silencers to mark the outer tube rather than the endcap 709, 719 ( Cir. With these requirements, so the cost would be added to an existing approved covered... Oct. 19, 2012 ) ( 7 ) ; Minn. Stat ; id 3, 2001 ) not house the... Issues a regulation granting it official legal status 11:30 pm ) to address firearms trafficking, Congress recognized that of... Is not an official legal edition of the Regulatory Impact Analysis W. Va. Code 19.60.020. The agency announced plans to publish the final version of their rule reclassifying braces... To Chapter 5 of the rule tube rather than the endcap shall not employed... Change is needed to ensure that acquisition records are closed out when are... Federal Register ( ACFR ) issues a regulation granting it official legal edition of the Regulatory Impact Analysis section (...