B. at (a)(21)(D); 132 Cong. 1250 (1938); 26 CFR 177.10 (repealed) (emphasis added). ATF will retain all comments as part of this rulemakings administrative record. 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. Document page views are updated periodically throughout the day and are cumulative counts for this document. The proposed rule provides new regulatory definitions of firearm frame or receiver and frame or receiver because they are outdated. See also H.R. The amended complaint adds a statement that: the "final rule" violates the First Amendment, because it includes a prohibition on the distribution of information regarding unfinished firearms parts. 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. 18 U.S.C. on 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. 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. The Public Inspection page may also section 40-39-80(B)(1)(l)(iii),(ix); Tenn. Code Ann. (6) Meaning of marking terms. Due to the new definitions and changes to marking regulations, the technical amendments here would make certain words plural (e.g., manufacturer(s), importer(s), serial number(s)) in the regulations as applicable. 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. Privately Made Firearms or Ghost Guns, 1. 27 CFR 478.11. (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. 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; corresponding official PDF file on govinfo.gov. To ensure traceability if the parts are separated, there would no longer be an option only to mark the FFL's name, city, and state on the slide or barrel. 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). 7805. a. i. 921(a)(23); 26 U.S.C. 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. Except as provided in paragraph (a)(4)(v) of this section, the additional information shall include: (A) The model, if such designation has been made; (C) When applicable, the name of the foreign manufacturer; and. (5) Firearms designed and configured before [EFFECTIVE DATE OF THE FINAL RULE]. 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. 56. The Regulatory Impact Analysis is available on www.regulations.gov in the same docket as this rule. The Attorney General is responsible for enforcing the GCA, as amended, and the NFA, as amended. 42. 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]. sections 6110.2, 6117; R.I. Gen. Laws section 11-47-24; S.C. Code. This article appeared online at TheNewAmerican.com on Monday, January 16, 2023: Back in 2012, the ATF (the Bureau of Alcohol, Tobacco, Firearms and Explosives) ruled that pistol stabilizing braces didn't turn pistols into short-barreled rifles, and therefore they were exempt from inclusion under the 1934 National Firearms Act (NFA). 5845(a)(7); 27 CFR 478.11; id. A firearm muffler or firearm silencer that contains all component parts necessary to function as designed whether or not assembled or operable. By engraving, casting, stamping (impressing), or otherwise conspicuously placing or causing to be engraved, cast, stamped (impressed) or otherwise placed on each part (or specific part(s) previously determined by the Director) defined as a frame or receiver thereof, a serial number, in a manner not susceptible of being readily obliterated, altered, or removed. Note: This section is intended to provide basic guidance in understanding firearm terminology. The term shall include any such identification on a privately made firearm, or an ATF issued serial number. Because privately made firearms are manufactured by someone other than a licensed manufacturer, the serial number that incorporates the abbreviated Federal firearms license (FFL) number placed by a licensee on a PMF under this rule is the importer's or manufacturer's serial number. This definition would help ensure that the serial numbers and other markings necessary to ensure tracing, including those placed by a licensee on a privately made firearm or marked with an ATF-issued serial number,[61] Further, this rule would amend the definition of transfer to clarify that the temporary conveyance of a lawfully possessed NFA firearm, including a silencer, to a qualified manufacturer or dealer for the sole purpose of repair, identification, evaluation, research, testing, or calibration, and return to the same lawful possessor is not a transfer requiring additional identification or registration in the NFRTR. 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 you. 18 U.S.C. 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, Accordingly, prohibited persons have easily obtained them. 33. See 28 U.S.C. 923(g)(7); see also JG Sales Ltd. v. Truscott, 473 F.3d 1043, 1045-46 (9th Cir. After commencing business, licensees must record all firearms received and disposed of by the business in the AD Record to include the following information separated into columns: Manufacturer and/or importer, model, serial no., type, and caliber or gauge. 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. 921(a)(3); 27 CFR 478.11 (emphasis added). Application of the rule, as proposed, would not alter these prior Start Printed Page 27729ATF classifications. Congress and the Attorney General have delegated the responsibility for administering and enforcing the GCA and NFA to the Director of ATF, subject to the direction of the Attorney General and the Deputy Attorney General. Under this rule, PMFs would first need to be recorded by the dealer-gunsmith as an acquisition in the licensee's AD Records upon receipt from the private owner (whether or not the licensee keeps the PMF overnight), and once marked, the licensee would update the acquisition entry with the identifying information, and then record its return as a disposition to the private owner. Under the US Code of Federal Regulations, a firearm frame or receiver is defined as: "That part of a firearm which provides housing for the hammer, bolt or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel." (emphasis added) Rul. 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. 926(a); 26 U.S.C. ATF does not believe the production of 3D printed frames or receivers is substantial at this time when compared with commercially produced firearms. The term frame or receiver shall have the same meaning as in 27 CFR 478.11. 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. documents in the last year, 12 Under Federal law, for example, certain firearm transactions must be conducted through Federal firearms licensees. documents in the last year, 274 Stat. informational resource until the Administrative Committee of the Federal section 44-1625(C)(5); Colo. Rev. on FederalRegister.gov These changes are consistent with ATF enforcement policy. on 5845(e). Safety section 5-142; Mass. 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. from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) over its inability to trace unmarked firearms that have been used in shootings and other crimes in recent years. Taskandpurpose.com (Nov. 18, 2020), https://taskandpurpose.com/military-tech/modular-handgun-system-fielding/ (Sig Sauer delivered its 200,000th P320 variant pistol to the military despite the obstacles posed by the novel coronavirus). More information and documentation can be found in our 922(k), which prohibits their removal, obliteration, or alteration. Partially Complete, Disassembled, or Inoperable Firearm Kits, 1. 11 section 1459; Fla. Stat. In the past few years, however, some courts have treated the regulatory definition as exhaustive when applied to the lower portion of the AR-15-type rifle, which is the semiautomatic version of the M-16-type machinegun originally designed for the U.S. military. The NFA requires firearm manufacturers, importers, and makers to identify each firearm, including a firearm muffler or silencer, with a serial number and such other identification as may be prescribed by regulations. 19. (3) Meaning of marking terms. 3504(h). On May 28, 2019, citing intelligence reports by the Department of Homeland Security (DHS), the Federal Bureau of Investigation (FBI), and the National Counterterrorism Center (NCTC), the House Committee on Homeland Security issued a report concluding that [g]host guns not only pose a challenge on the front end, enabling prohibited buyers to purchase deadly weapons with just a few clicks online, but also on the back end, hamstringing law enforcement's ability to investigate crimes committed with untraceable weapons and that the wide availability of ghost guns and the emergence of functional 3D-printed guns are a homeland security threat. 1997) (shotgun with broken breech bolt); United States v. Hunter, 101 F.3d 82 (9th Cir. 601 et seq.). 32. 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. section 134-10.2 (prohibiting unlicensed persons from producing 3D printed or parts kit firearms without a serial number); Mass. The ATF will use a six-factor system to determine whether a modified firearm meets the clarified definition of a rifle, and would hence be subject to additional regulations. Unless previously identified by another licensee, PMFs acquired by licensees on or after the effective date of the rule would need to be marked in this manner within seven days of receipt or other acquisition (including from a personal collection), or before the date of disposition (including to a personal collection), whichever is sooner. 22. For many years, ATF has acted on voluntarily requests from persons, particularly manufacturers who are developing new products, by issuing determinations or classifications whether an item is a firearm or armor piercing ammunition as defined in the GCA or NFA. Licensees would have 60 days to mark PMFs already in inventory after a final rule becomes effective. Under the GCA, licensed manufacturers and importers must identify the frame or receiver of each firearm, including a firearm muffler or silencer, with a serial number in accordance with regulations. However, because PMFs do not bear a serial number or other markings of a licensed manufacturer or importer, ATF has found it extremely difficult to complete such traces on behalf of law enforcement to individual unlicensed purchasers. 69. See, e.g., United States v. Powell, 467 F. Supp. Complete weapons or complete muffler or silencer devices, as defined in this rule, would be allowed to be marked up to seven days from completion of the active manufacturing process for the weapon or device, or prior to disposition, whichever is sooner. to include imported firearms, are considered the importer's or manufacturer's serial number protected by 18 U.S.C. There is no minimum utility or lethality requirement in the GCA or NFA for an item to be considered a weapon. Cf. First, there would be a general definition of frame or receiver with non-exclusive examples that illustrate the definition. Consistent with the language and purpose of the GCA, this proposed provision is necessary to allow ATF to trace all firearms acquired and disposed of by licensees, prevent illicit firearms trafficking, and provide guidance to FFLs and the public with respect to PMF transactions with the licensed community. or may readily be converted[40] 27. A licensed manufacturer qualified under this part may transfer a part defined as a muffler or silencer to another qualified manufacturer without immediately identifying or registering such part provided that, upon receipt, it is actively used to manufacture a new complete muffler or silencer device. if Forms 4473 filed numerically and add in its place Address of nonlicensee; License No. More specifically, ATF believes that the majority of the industry currently complies with these requirements, so the cost would be minimal. documents in the last year, 876 [31] 2020) (This `naked eye test' best comports with the ordinary meaning of `altered'; it is readily applied in the field and in the courtroom; it facilitates identification of a particular weapon; it makes more efficient the larger project of removing stolen guns from circulation; it operates against mutilation that impedes identification as well as mutilation that frustrates it; and it discourages the use of untraceable weapons without penalizing accidental damage or half-hearted efforts.). 2003-4 (Sten type receivers). 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. 923(g)(1)(A); 27 CFR 478.125(e), (f). Rev. [64] In turn, these firearms are progressively finding their way to licensees who may wish to acquire them so they can advertise and market them broadly, or who may repair, customize, or accept them as security in pawn for a loan. 59. This provision is also essential if PMFs involved in crime are marked and traced directly to licensed dealers who, unlike licensed manufacturers and importers, are not presently required to maintain permanent records. At the rear of the receiver, the butt or stock is fastened. Boston.com (Aug. 5, 2020), https://www.boston.com/news/crime/2020/08/05/winthrop-man-had-homemade-ghost-guns-prosecutors-say;; `Ghost Gun' used in shooting that killed two outside Snyder County restaurant, Penn Live (Jul. has no substantive legal effect. See 18 U.S.C. Under the . [54] The information required by this paragraph shall be recorded not later than the close of the next business day following the date of such manufacture or other acquisition, except that, when a commercial record is held by the licensed manufacturer separately from other commercial documents and readily available for inspection, containing all acquisition information required for the record, the period for making the required entry into the record may be delayed not to exceed the seventh day following the date of receipt. Stat. [20] See, e.g., Pierre v. Commissioner, 133 T.C. Add a sentence after the fifth sentence; c. In paragraph (f)(2) table Firearms Collectors Acquisition and Disposition Record, 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 No. and add in their place Serial number(s); and, (e) * * * 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. 21 section 1550(B); Or. A muffler or silencer that contains all component parts necessary to function as designed whether or not assembled or operable. ATF requests comments on the proposed rule from all interested persons. The proposed changes would require Federal firearms licensees to retain all records until business or licensed activity is discontinued, either on paper or in an electronic format approved by the Director,[75] However, the definition is not limited to those particular fire control components. [35] 65. documents in the last year, 16 01/18/2023, 823 (5) Period of time to identify firearms. documents in the last year, 90 This regulation meets the applicable standards set forth in sections 3(a) and 3(b)(2) of Executive Order 12988 (Civil Justice Reform). Rep. No. documents in the last year, 534 [22] To provide greater access to professional marking, as stated previously, this 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. Stat. 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