[49], ATF anticipates that, under this supplemental definition, the outer tube of a complete muffler or silencer device would be considered the frame or receiver with respect to most commercial silencer designs currently on the market. Antique firearm. 53. Rev. See, e.g., Pierre v. Commissioner, 133 T.C. According to both BASIC QUESTIONS ON FIREARMS IN CONNECTICUT as well as the WEAPONS BANNED AS ASSAULT WEAPONS the state of Connecticut has defined pistols, rifles, and shotguns as: A pistol according to CGS 29-27 is defined as " "Pistol" and "revolver" defined. However, that term is neither found in Federal law nor accepted by ATF. Incorporation of this metal plate along with other metal components would also help ensure that the polymer firearm does not violate the Undetectable Firearms Act, 18 U.S.C. This responsibility includes the authority to promulgate regulations necessary to enforce the provisions of the GCA and NFA. However, this result has caused confusion and concern among many silencer manufacturers because some silencer parts defined as silencers, such as baffles, are difficult to mark, and make little sense to mark for tracing purposes when the outer tube or Start Printed Page 27728housing of the complete device is marked and registered. 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]. 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. Alternate Means or Period of Identification, 7. States can require markings on firearms for individuals. Fin. electronic version on GPOs govinfo.gov. section 66-391(b)(1); Ohio Rev. See 27 CFR parts 478, 479. The ATF is weighing changes to the definition of "firearm" in order to target guns built from kits and/or parts printed on 3D printers. 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. ATF Releases Final Version of Pistol Brace Rule. 44. 2020) (serial number is not altered or obliterated so long as it is visible to the naked eye); United States v. St. Hilaire, 960 F.3d 61, 66 (2d Cir. The second largest impact would be $12,828 if a manufacturer had to retool their existing production equipment, but ATF anticipates this is unlikely because this proposed rule encompasses the majority of existing technology. Except as provided in paragraph (a)(4)(iv) of this section, licensed manufacturers must identify each part, including a replacement part, defined as a frame or receiver, machinegun, 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 no later than seven days following the date of completion of the active manufacturing process for the part, or prior to disposition, whichever is sooner. 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. [26] This was considered and incorporated into the proposed alternative, where feasible. Handguns that are 3D printed are also subject to the registration and taxation requirements of the NFA if they have a smooth bore and are capable of being concealed on the person, thereby falling within the definition of any other weapon. See 26 U.S.C. 923(i), and regulated as a firearm, see 18 U.S.C. PMFs currently in inventory that a licensee chooses not to mark may also be destroyed or voluntarily turned in to law enforcement within the 60-day period. (2) Model, caliber or gauge, foreign manufacturer, country of manufacture. 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. See 28 U.S.C. The marking requirements for destructive devices are otherwise unchanged. 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. (iv) Firearm muffler or silencer parts(A) Firearm muffler or silencer parts transferred between qualified manufacturers to complete new devices. Firearm Muffler or Silencer Parts Transferred Between Qualified Licensees, 10. The proposed rule would also amend ATF's definitions of firearm and gunsmith to clarify the meaning of those terms, and to add new regulatory terms such as complete weapon, complete muffler or silencer device, privately made firearm, and readily for purposes of clarity given advancements in firearms technology. [65] 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. Written comments must be postmarked and electronic comments must be submitted on or before August 19, 2021. 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. should verify the contents of the documents against a final, official shoulder, provided other factors, as listed in the definition, indicate the weapon is designed and intended to be fired from the shoulder. Order 13637, 78 FR 16129 (Mar. documents in the last year, 534 For PMFs acquired by licensees before the effective date of the rule, licensees would be required to mark or cause them to be marked by another licensee either within 60 days from that date, or before the date of final disposition (including to a personal collection), whichever is sooner. 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. See United States v. Smith, 642 F.2d 1179, 1182 (9th Cir. Of the potential number of licensed dealers and licensed pawnbrokers, ATF estimates that those directly affected would be a one-time surge of 5,298 licensed dealers, 710 licensed pawnbrokers, and 36 non-licensed dealers that would be affected. 39. In accordance with the Regulatory Flexibility Act (RFA), ATF prepared an Initial Regulatory Flexibility Analysis (IRFA) that examines the impacts of the proposed rule on small entities (5 U.S.C. 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. 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. The title and description of the information collection, a description of those who must collect the information, and an estimate of the total annual burden follow. at 924(m) (stealing a firearm from a licensee). 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. [33] Only official editions of the The Director shall not issue a determination regarding a firearm accessory or attachment unless it is installed on the firearm(s) in the configuration for which it is designed and intended to be used. (iii) Adoption of identifying markings. 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. 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. 197 (1968). 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. See 18 U.S.C. 2010) (The direct tracing of the chain of custody of firearms involved in crimes is one useful means by which serial numbers assist law enforcement. 599A(c)(1). Register documents. This would be followed by supplements that further explain the meaning of the term frame or receiver for certain firearm designs and configurations, as follows: (a) Firearm muffler or silencer frame or receiver; (b) split or modular frame or receiver, also followed by examples of the frames or receivers for common firearm designs that are distinguishable because of differences in firing cycle, method of operation, or physical design characteristics; (c) partially complete, disassembled, or inoperable frame or receiver; and (d) destroyed frame or receiver. 2010) (concluding that even if strict scrutiny were to apply, 18 U.S.C. 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). This section addresses non-FFL manufacturers who manufacture partially complete, disassembled, or inoperable frame or receiver kits, to include both firearm parts kits that allow a person to make only a frame or receiver, and those kits that allow a person to make a complete weapon. Requiring Federal firearms licensees to mark in this manner on each part defined as a frame or receiver would make it possible for ATF to trace the firearm if the manufacturer's or importer's name, city, or state is marked on the slide or barrel, and the original components are later separated. 5845(d) and stating [t]he fact that the weapon was in two pieces when found is immaterial considering that only a minimum of effort was required to make it operable.); United States v. Smith, 477 F.2d 399, 400-01 (8th Cir. This is an unprecedented expansion of government control over the private. section 134-10.2 (prohibiting unlicensed persons from producing 3D printed or parts kit firearms without a serial number); Mass. documents in the last year, 1401 At the rear of the receiver, the butt or stock is fastened. 2. . Destructive Device Period of Identification, 9. 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. 2019); Commonwealth v. Baxter, 956 A.2d 465 (Pa. Super 2008). These changes are consistent with ATF enforcement policy. 7701(a). documents in the last year, 90 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. 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. While a frame or receiver is clearly within the statutory definition of what constitutes a firearm under the GCA, 18 U.S.C. This proposed rule would update the existing definition of frame or receiver to account for the majority of technological advances in the industry and ensure that these firearms continue to remain under the regulatory regime as intended by the enactment of the GCA, including accounting for manufacturing of firearms using multiple manufacturers. nothing in this rule would restrict persons not otherwise prohibited from possessing firearms from making their own firearms at home without markings solely for personal use (not for sale or distribution) in accordance with Federal, State, and local law. at 479.11. ATF final rule 2021R-05F was initially posted on April 26, 2022, and there . The proposed definitions would take into account the fact that modern firearms do not house all the components as defined in the current definition. 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. 3. July 27, 2020) (granting defendant's post-trial motion for acquittal for manufacturing AR-15 lower receivers without a license because [n]o reasonable person would understand that a part constitutes a receiver where it lacks the components specified in regulation). 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. Each request would be submitted in writing or on an ATF form 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. 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. 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. 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. A commenter may submit to ATF information identified as proprietary or confidential business information. section 75-67-305(1)(a)(iii),(ix); Mo. ATF's redefinition of "firearm," and ATF's other APA (Administrative Procedure Act of 1946) violations. In United States v. Biswell, 406 U.S. 311, 315-16 (1972), the Supreme Court explained that close scrutiny of [firearms] traffic is undeniably of central importance to federal efforts to prevent violent crime and to assist the States in regulating the firearms traffic within their borders. For the purposes of the National Firearms Act, the term "Any Other Weapon" means: Any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive; A pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell; by the Farm Credit System Insurance Corporation The authority citation for 27 CFR part 478 continues to read as follows: Authority: 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. Accordingly, the Department and ATF have promulgated regulations implementing the GCA and NFA. 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. 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). Further, Rule 2021R-05 does not prohibit you from building a firearm using an 80% receiver. The term 80% receiver is a term used by some industry members, the public, and the media to describe a frame or receiver that has not yet reached a stage in manufacture to be classified as a frame or receiver under Federal law. The prefatory paragraph to the definitional section of 27 CFR 478.11 (Meaning of Terms) states: [w]hen used in this part and in forms Start Printed Page 27722prescribed under this part, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof, terms shall have the meanings ascribed in this section.[12] Upon completion of the examination, ATF may return the sample to the person who made the request unless a determination is made that return of the Start Printed Page 27734sample would be or place the person in violation of law. This alternative would grandfather in all existing firearms that would not meet the serialization standard for partially complete and split frames or receivers. 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. documents in the last year, 12 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. For more details, please refer to Chapter 8 of the Regulatory Impact Analysis. section 56-12-9(A)(3); N.C. Gen. Stat. section 14-160.2; N.D. at 924(l) (stealing a firearm which is moving in or has moved in interstate commerce); and id. 1977) (holding that a weapon was a shotgun within the meaning of 26 U.S.C. Laws section 446.205(5)(1),(4); Minn. Stat. 3, 2018), https://www.nytimes.com/2018/03/03/us/politics/ar-15-americas-rifle.html (Once the patent expired in 1977, it opened the way for dozens of weapons manufacturers to produce their own models, using the same technology. For this reason, manufacturers may wish to submit samples to ATF for classification of one or more particular components as the frame or receiver so that they need only mark a specific part or parts of a weapon, rather than all qualifying parts (see Section II.H.10 of the preamble) or obtain a marking variance (see Section II.H.6 of the preamble). Because under the NFA each individual part of a firearm muffler or silencer is a firearm[47] In addition, ATF will disclose such proprietary or confidential business information to the extent required by other legal process. This change would be consistent with the definition of transfer in 26 U.S.C. Burden of Response: This includes recurring time burden of 1 minute. Rev. Firearm Muffler or Silencer Frame or Receiver, 4. 9. 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. Adding this language would codify ATF Ruling 2012-1, and this ruling would become obsolete upon publication of the rule. It would make clear that even though a firearm, including a silencer, may have more than one part that falls within the definition of frame or receiver, ATF may classify a specific part or parts to be the frame or receiver of a particular weapon. See In making this determination, the Director will consider the following factors, with no single factor being controlling: (i) Which component the manufacturer intended to be the frame or receiver; (ii) Which component the firearms industry commonly considers to be the frame or receiver with respect to the same or similar firearms; (iii) How the component fits within the overall design of the firearm when assembled; (iv) The design and function of the fire control components to be housed or integrated; (v) Whether the component may 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; (vi) Whether classifying the particular component is consistent with the legislative intent of the Act and this part; and. The term "pistol" and the term "revolver", as used in sections 29 . 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 could potentially pose an enforcement issue that may not be resolved for years if not decades. No. 26 U.S.C. 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. 1, 1971) (lower portion of the M-16 is the frame or receiver because it comes closest to meeting the definition of frame or receiver in 26 CFR 178.11 (now 27 CFR 478.11), and is the receiver of a machinegun as defined in the NFA); ATF Memorandum #22334 (Jan. 24, 1977) (upper half of the FN FAL rifle is the frame or receiver because it was designed to accept the components that allow fully automatic fire). For more details, please refer to Chapter 5 of the Regulatory Impact Analysis. of licensee; or Form 4473 Serial No. Learn more here. Both the cover sheet and comment must reference this docket number (2021R-05). 26 CFR 177.50 (rescinded). (c) Voluntary classification of firearms. documents in the last year, 117 (3) Adoption of identifying markings. The IRFA is included here and as part of the RFA. See 18 U.S.C. 21. This does not include a firearm identified and registered in the NFRTR pursuant to chapter 53, title 26, United States Code, or any firearm made before October 22, 1968 (unless remanufactured after that date). The proposed amendments would enhance public safety by ensuring that records of active licensees will be available for tracing purposes. The proposed rule provides new regulatory definitions of firearm frame or receiver and frame or receiver because they are outdated. 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. This proposed rule would require licensed dealers and collectors to store their Forms 4473 or AD records indefinitely. at 922(t)(2),(4) (NICS background check denied if receipt of firearm by transferee would violate State law); id. This is the point at which a substantial step has been taken, or a critical line crossed, so that the item in question may be so classified under the law. Commonly referred to as ghost guns, these privately made firearms (PMFs), when made for personal use, are not required by the GCA to have a serial number placed on the frame or receiver, making it difficult for law enforcement to determine where, by whom, or when they were manufactured, and to whom they were sold or otherwise disposed. 921(a)(23); 26 U.S.C. 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. 1987) (revolver with no firing pin and cylinder did not line up with barrel). 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. A part of a firearm that, when the complete weapon is assembled, is visible from the exterior and provides housing or a structure designed to hold or integrate one or more fire control components, even if pins or other attachments are required to connect those components to the housing or structure. ii. 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