18 U.S.C. 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. This rule is also consistent with the Second Amendment. 5. 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). 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. 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. Add definitions for Complete muffler or silencer device and Complete weapon; b. This proposed rule would also account for advances in technology in performing transactions such as electronic storage. 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. If no portion of split/multi-piece frames or receivers were subject to any existing regulations, such as marking, recordkeeping, or background checks, law enforcement's ability to trace semiautomatic firearms later used in crime would be severely impeded. Rec. 60, Hrg. The records prepared by licensed dealers and licensed collectors of the sale or other disposition of firearms and the corresponding record of receipt of such firearms shall be retained until business or licensed activity is discontinued, either on paper, or in an electronic alternative method approved by the Director, at the business or collection premises readily accessible for inspection under this part. section 134.71(8)(c)(2). 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." 921(a)(24); 26 U.S.C. The authority citation for 27 CFR part 447 continues to read as follows: Authority: When used in this part, the term serial number shall mean the importer's or manufacturer's serial number.. a. Rec. This proposed rule would call for collections of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 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; The frame or receiver of any such weapon; Any firearm muffler or firearm silencer; or. (c) Partially complete, disassembled, or inoperable frame or receiver. 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. Any interested person who desires an opportunity to comment orally at a public hearing should submit his or her request, in writing, to the Director of ATF within the 90-day comment period. 922(i) (transporting or shipping stolen firearms in interstate or foreign commerce); id. The durability and longevity of firearms means that they are often in circulation for more than 20 years, while the cost of storing firearm transaction records has decreased dramatically through electronic recordkeeping. See Public Law 90-351, sec. [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. See Webster's Third New International Dictionary, pp. at the business or collection premises readily accessible for inspection. b. 922(p), which prohibits the manufacture and possession of firearms that are not as detectable as the Security Exemplar that contains 3.7 ounces of material type 17-4 PH stainless steel.[67]. See footnote 72 infra. ATF would also continue to consider the same factors when classifying firearms (see Section I.A of the preamble). See Cal. 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. ATF anticipates only minimal costs associated with moving the serial number and other identifying information from the end cap or adding the same information to the outer tube on certain silencers. 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. 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). 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. at 5845(a)(7). More specifically, ATF believes that the majority of the industry currently complies with these requirements, so the cost would be minimal. (iv) capacity to accept an ammunition magazine that attaches to the pistol outside of the pistol grip; (v) a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer; (vi) a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm 5845(b) (The term [machinegun] shall also include the frame or receiver of any such weapon [which shoots is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger].). The term "pistol" and the term "revolver", as used in sections 29 . More information and documentation can be found in our Register documents. 44. 923(g)(6); 27 CFR 478.39a(b). By clarifying the definition of gunsmith to mean a service routinely performed on existing firearms that are not for sale or distribution by a licensee, this rule would supersede ATF Ruling 2010-10, which allows gunsmiths under specified conditions to engage in certain manufacturing activities for licensed manufacturers. 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. 5841(a)(1); id. The additions and revisions read as follows: Complete muffler or silencer device. While the new definitions would mostly affect new designs or configurations of firearms, manufacturers would still be able to receive a determination or a variance on the design from ATF; therefore, they may not experience an additional cost or burden. At the heart of the ruling is the factoring criteria for firearms with stabilizing braces. In the case of a licensed collector, the term shall mean only curios and relics. ATF proposes to replace the respective regulatory definitions of firearm frame or receiver and frame or receiver in 27 CFR 478.11 and 479.11 because they too narrowly limit the definition of receiver with respect to most current firearms and have led to erroneous district court decisions. Plaintiff says that it would be extremely difficult if not impossible to case with a `blank' rod and this is true, but we can conceive of no other practical use for them except as fishing rods. Acceptable methods of destruction include completely melting, crushing, or shredding the frame or receiver, or by completely severing at least three critical areas of the frame or receiver using a cutting torch having a tip of sufficient size to displace at least 1/4 inch of material at each location. For purposes of this section, the terms legible and legibly mean that the identification markings use exclusively Start Printed Page 27748Roman 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 the terms conspicuous and conspicuously 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. In 478.50(a), add the phrase or as otherwise provided in 478.129 after at the licensed premises served by such warehouse. The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. This means that in order to legally possess the firearm in this configuration, it must be registered with the ATF and the owner . The definition of frame or receiver in 479.11 differs slightly from the definition in 478.11 in that it omits an Oxford comma between bolt or breechblock and firing mechanism.. on The serial number(s) must begin with the licensee's abbreviated Federal firearms license number as a prefix, which is the first three and last five digits, followed by a hyphen, and then followed by a number as a suffix, e.g., 12345678-[number]. A firearm, including a frame or receiver, assembled or otherwise produced by a non-licensee without any markings by a licensee at the time of production or importation is defined as a privately made firearm (PMF) in the proposed rule. 35. Ann. 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]. Further, under the proposed rule, weapon parts kits with partially complete frames or receivers containing the necessary parts such that they may readily be completed, assembled, converted, or restored to expel a projectile by the action of an explosive would be firearms for which each frame or receiver of the weapon, as defined under this rule, would need to be marked. Second, the marks enable law enforcement officers to trace specific firearms used in crimes from the manufacturer or importer to individual purchasers, and to identify particular firearms that have been lost or stolen. 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. In 478.129, revise paragraphs (b), (d), and (e) to read as follows: (b) Firearms Transaction Record. This is consistent with prior ATF guidance to the firearms industry. corresponding official PDF file on govinfo.gov. 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. The Department of Justice (Department) proposes amending Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) regulations to provide new regulatory definitions of firearm frame or receiver and frame or receiver because the current regulations fail to capture the full meaning of those terms. 227. [26] 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.). 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. 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). No. (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. In paragraph (a)(2)(iii), remove the word country and add in its place the term country or countries; and. Since PMFs are not Start Printed Page 27735commercially manufactured, if a PMF were received or otherwise acquired by a licensee or disposed of, or imported, the abbreviation PMF would be recorded as the manufacturer in the appropriate column on a licensee's acquisition and disposition record, ATF Form 4473, or import application, as well as the PMF serial number beginning with the abbreviated FFL number in the serial number column. Stat. 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] [66] The President of the United States issues other types of documents, including but not limited to; memoranda, notices, determinations, letters, messages, and orders. [13] 922(k) (prohibiting possession of firearms with obliterated serial numbers) would be upheld under the Second Amendment because serial number tracing serves a governmental interest in enabling law enforcement to gather vital information from recovered firearms. Indeed, most firearms currently in circulation in the United States do not have a specific part that expressly falls within the current frame or receiver regulatory definitions. Both the cover sheet and comment must reference this docket number (2021R-05). establishing the XML-based Federal Register as an ACFR-sanctioned documents in the last year, 117 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. section 166.450; 18 Pa. Cons. A muffler or silencer that contains all component parts necessary to function as designed whether or not assembled or operable. [71] The intent in promulgating these definitions was to provide guidance as to which portion of a firearm was the frame or receiver for purposes of licensing, serialization, and recordkeeping, thereby ensuring that a necessary component of the weapon could be traced if later involved in a crime. 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. Clarifying this issue is needed to deter the increased sale or distribution of unlicensed and unregulated partially complete or unassembled frames or receivers often sold within parts kits that can readily be completed or assembled to a functional state. This rule is not intended to supersede State requirements unless there is a direct and positive conflict between them such that they cannot be reconciled or consistently stand together. Split or modular frame or receiver 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 . of licensee; or Form 4473 Serial No. The revised definition substitutes the words `frame or receiver' for the words `any part or parts.' 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. However, if there is a present or future split or modular design for a firearm that is not comparable to an existing classification, then the definition of frame or receiver would advise that more than one part is the frame or receiver subject to marking and other requirements, unless a specific classification or marking variance is obtained from ATF, as described above. section 29-36; Del. Democrats often refer to such guns as "ghost guns," claiming they present a way to bypass gun control. tit. The ability to accept machinegun parts is considered because both the GCA and the NFA regulate machinegun receivers as machineguns. See 18 U.S.C. An accurate firearm description is necessary to trace a firearm and is required to be recorded by a person licensed to engage in the business of manufacturing, importing, or dealing in firearms, or by a licensed collector of curio or relic firearms, regardless of whether it is a business or personal firearm. section 538.04(1)(b)(3),(9); Ga. Code section 44-12-132(4); Haw. (iii) Frame or receiver, machinegun conversion part, or muffler or silencer part disposed of separately. [20] While every effort has been made to ensure that 2006) ([T]he Defendant weapon here had all of the necessary parts for restoration and would take no more than six hours to restore.); United States v. Woods, 560 F.2d 660, 664 (5th Cir. ATF considered various alternatives when preparing this proposed rule. 2. Estimate of Total Annual Burden: The current burden listed in this collection of information is 85,630 hours. 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. [17] Register (ACFR) issues a regulation granting it official legal status. The 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. See Internal Colt Memorandum from B. Northrop, Feb. 2, 1973, p.2 (noting that there were 2,752,812 military versus 25,774 civilian (Sporters) serialization of AR-15/M-16 rifles then manufactured). Gen. Laws 269 section 11C; Mich. Comp. at 923(a). documents in the last year. section 21-6306; Ky. Rev. 1994) (shotgun with broken firing pin); United States v. Ruiz, 986 F.2d 905, 910 (5th Cir. c. In paragraph (b)(2)(ii), add or privately made firearm (if privately made in the United States) after ammunition. section 367.040(6)(b); Neb. The term frame or receiver shall have the same meaning as in 27 CFR 478.11. ( 8 ) ( c ) Partially Complete, disassembled, or inoperable frame or receiver machinegun! 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