documents in the last year, 37 Please bear in mind that these illustrations do not necessarily depict importable firearms. 53. Not only is it difficult for manufacturers to apply identifying markings, there is also the administrative difficulty in timely filing and processing numerous ATF Forms 2, Notice of Firearms Manufactured or Imported upon manufacture of each part, and ATF Forms 3, Application for Tax-Exempt Transfer of Firearm and Registration to Special Occupational Taxpayer upon sale or other disposition of each part to another qualified licensee. 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. legal research should verify their results against an official edition of [58] In addition, the proposed changes to 478.124 would include a minor technical amendment to paragraph (f) by removing a phrase that indicates that a Federal firearms licensee must fill out the firearm description information only after filling out the information about the transferee. Penal Code section 31.11; Utah Code section 76-10-521 (handguns); Va. Code Ann. This could potentially pose an enforcement issue that may not be resolved for years if not decades. Democrats often refer to such guns as "ghost guns," claiming they present a way to bypass gun control. Code Ann. (D) In the case of an imported firearm, the name of the country in which it was manufactured. publication in the future. 24, 35 (2009) (even though a Limited Liability Company was not among any of the named entities defined in section 7701, it would be manifestly incompatible with the Federal estate and gift tax statutes to exclude them); Bunnel v. Commissioner, 50 T.C. In paragraph (a)(2)(ii), remove manufacturer of the defense article and add in its place manufacturer(s) of the defense article or privately made firearm (if privately made in the United States); b. Stat. Bureau of Alcohol, Tobacco, Firearms and Explosives. * * * For purposes of this part, the term shall not include the temporary conveyance of a lawfully possessed firearm to a manufacturer or dealer qualified under this part for the sole purpose of repair, identification, evaluation, research, testing, or calibration, and return to the same lawful possessor. 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. Thus, this definition includes only the major parts of the firearm, that is, the frame or receiver.); S. Rep. No. 60, Hrg. 923(g)(1)(A); 27 CFR 478.124. Existing law recognizes that the definition of frame or receiver need not be limited to a strict application of the regulation. section 637:7-a; N.J. Stat. See 18 U.S.C. ATF Releases Final Version of Pistol Brace Rule. [23], ATF traces firearms found by law enforcement at a crime scene by first contacting the licensed manufacturer or importer marked on the frame or receiver who maintains permanent records of their manufacture or importation and disposition. ATF's new rule does not change the definition of a Firearm Frame or Receiver to include 3D printed firearms. The National Firearms Act defines Any Other Weapon (AOW) as: 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; Weapons with combination shotgun and . 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). Importer's or manufacturer's serial number. While a frame or receiver is clearly within the statutory definition of what constitutes a firearm under the GCA, 18 U.S.C. 552). 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. 1577, 90th Cong., 2d Sess., 14 (1968)). See Once Banned, Now Loved and Loathed: How the AR-15 Became `America's Rifle', New York Times (Mar. 2d 262, 272-73 (S.D.N.Y. (vii) Whether classifying the component as the frame or receiver is consistent with ATF's prior classifications. 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. 26 CFR 177.50 (rescinded). (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. 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. Moreover, without any markings, they are nearly impossible to trace. Making this deletion would codify ATF Procedure 2020-1, which sets forth an alternative method of complying with 478.124(f) for non-over-the-counter firearm transactions. Stat. For comments submitted by mail or facsimile, information contained on the cover sheet will not appear when posted on the internet but any personal identifying information that appears within a comment will not be redacted by ATF and it will appear on the internet. Register (ACFR) issues a regulation granting it official legal status. For example, often PMFs resemble commercially manufactured firearms, or incorporate parts from commercially manufactured firearms bearing that manufacturer's name, so some firearms suspected of being PMFs were entered into eTrace using a commercial manufacturer's name rather than as one privately made by an individual. See 81 FR 26764 (May 4, 2016). ATF Internal Revenue Service Memoranda #21208 (Mar. Licensed manufacturers 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. This is because the recovery location or correlated crime is not always communicated by the agency to ATF in the tracing process. As stated above, Congress replaced the term part or parts in the FFA definition of firearm with frame or receiver, the major parts of a weapon regulated under the GCA. Large interests are at stake, and inspection is a crucial part of the regulatory scheme, since it assures that weapons are distributed through regular channels and in a traceable manner and makes possible the prevention of sales to undesirable customers and the detection of the origin of particular firearms. (citation omitted). c. In paragraph (b)(2)(ii), add or privately made firearm (if privately made in the United States) after ammunition. Factors relevant in making this determination, with no single one controlling, include the following: (a) Time, i.e., how long it takes to finish the process; (b) Ease, i.e., how difficult it is to do so; (c) Expertise, i.e., what knowledge and skills are required; (d) Equipment, i.e., what tools are required; (e) Availability, i.e., whether additional parts are required, and how easily they can be obtained; (g) Scope, i.e., the extent to which the subject of the process must be changed to finish it; and. 18 U.S.C. See Ala. Code section 5-19A-3(1); Alaska Stat. 31. section 134-10; Idaho Code Ann. Also, this proposed rule would not require Federal firearms licensees to accept any PMFs, or to mark them themselves. Register documents. 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. These changes are consistent with ATF enforcement policy. 2. The total 10-year undiscounted cost of this proposed rule is estimated to be $1.3 million. c. In paragraph (a)(2)(vii), remove serial number and add in its place serial number(s). The IRFA is included here and as part of the RFA. The Director may authorize other means of identification or period of time to identify firearms upon receipt of a letter application or Form 3311.4 from the licensee showing that such other identification or period is reasonable and will not hinder the effective administration of this part. [26] 5. This proposed rule will not have substantial direct effects on the States, the relationship between the Federal Government and the States, or the distribution of power and responsibilities among the various levels of government. Prior to passage of the GCA, the Federal Firearms Act of 1938 (FFA) regulated all firearm parts. 2004) (firearms redesigned as ornaments that would take a great deal of time, expertise, equipment, and materials to attempt to reactivate were no longer designed to expel a projectile by the action of an explosive and could not readily be converted to do so). The NFA is a national registry [] The additions and revisions read as follows: Complete muffler or silencer device. Among other changes (see Section II.H.9 of the preamble, below), this rule defines the term frame or receiver as it applies to a firearm muffler or silencer frame or receiver and adds the term complete muffler or silencer device (see Section II.D of the preamble). the Federal Register. Stat. 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. Penal Law section 265.02(3); N.C. Gen. Stat. Code section 9.41.140; W. Va. Code section 18.2-311.1; Wis. Stat. is not designed or redesigned for using rimfire or conventional centerfire . Under the proposed rule, FFLs would be required to mark PMFs within 7 days of the firearm being received by a licensee, or before disposition, whichever first occurs. 5845(e). Rev. 926(a); 26 U.S.C. 15. documents in the last year, 12 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. on [45] If you are using public inspection listings for legal research, you The proposed amendments would enhance public safety by ensuring that records of active licensees will be available for tracing purposes. The government cost for this provision is $68,939 annually. Realistically, we need to be concerned about markings that could be worn away during normal use or markings that could survive normal refinishing processes, e.g., blueing, plating, etc. Proposed Use of Information: The Bureau of Alcohol, Tobacco, Firearms, and Explosives would use this information for criminal investigation or regulatory compliance with the Gun Control Act of 1968. 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. As explained in that ruling, whether the end product is to become a complete weapon or device, or a frame or receiver to be disposed of separately, firearms that are actively awaiting materials, parts, or equipment repair to be completed are still considered to be actively in the manufacturing process. 14. Ann. (2) Privately made firearms. These numbers (as of March 4, 2021) are likely far lower than the actual number of PMFs recovered from crime scenes because some law enforcement departments incorrectly trace some PMFs as commercially manufactured firearms, or may not see a need to use their resources to attempt to trace firearms with no serial number or other identifiable markings. Increases tracing of crime scene firearms to prosecute criminals. See 18 U.S.C. A licensed manufacturer qualified under part 479 may transfer a replacement part defined as a firearm muffler or firearm silencer other than a frame or receiver to a qualified manufacturer or dealer without identifying or registering such part provided that, upon receipt, it is actively used to repair a complete muffler or silencer device that was previously identified and registered in accordance with this part. section 2C:39-3(n) (prohibiting possession of firearms manufactured or assembled without serial number); N.Y. 57. if licensee, or Form 4473 Serial No. For more details, please refer to Chapter 4 of the Regulatory Impact Analysis.Start Printed Page 27737. This alternative would grandfather in all existing firearms that would not meet the serialization standard for partially complete and split frames or receivers. 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. 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). However, the cost, capabilities, and availability of 3D printers are quickly improving. 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. at 922(t)(2),(4) (NICS background check denied if receipt of firearm by transferee would violate State law); id. The industry cost for this section would be minimal because FFLs could drop off their overflow records to ATF or have ATF ship them directly. 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. Army Picks Sig Sauer's P320 Handgun to Replace M9 Service Pistol, The ATF is asserting that tools and information on how to make frames or receivers are, essentially frames and receivers. This means that in order to legally possess the firearm in this configuration, it must be registered with the ATF and the owner . See Bridgeport Felon Sentenced to More Than 5 Years in Federal Prison for Possessing Firearms, Justice.gov (Jan. 7, 2021), https://www.justice.gov/usao-ct/pr/bridgeport-felon-sentenced-more-5-years-federal-prison-possessing-firearms;; Winthrop man had homemade `ghost' guns and 3,000 rounds of ammunition, prosecutors say, (b) A record of each firearm disposed of by a manufacturer and a separate record of armor piercing ammunition dispositions to governmental entities, for exportation, or for testing or experimentation authorized under the provision of 478.149, shall be maintained by the licensed manufacturer on the licensed premises. ATF's predecessor agency, the Alcohol, Tobacco and Firearms Division within the Internal Revenue Service, derived this limitation on the application of definitions from the Internal Revenue Code (IRC), 26 U.S.C. headings within the legal text of Federal Register documents. 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, 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. Federal Register. Add definitions for Complete muffler or silencer device and Complete weapon; b. [36], Although clarifying the definition of frame or receiver in this rule would help the firearms industry and the public understand which part of a complete weapon is the regulated frame or receiver, and more commercially manufactured frames or receivers are likely to be marked by licensed manufacturers as a result, PMFs are increasingly being made or 3D printed at home without any identifying marks, recordkeeping, or background checks. Thus, for ease of reference, this notice of proposed rulemaking refers to the Attorney General throughout. at 5845(a), (b). 926(a); 26 U.S.C. First, the marks are used by Federal firearms licensees to effectively track their firearms inventories and maintain all required records. This proposed rule would expressly allow for repairs on silencer devices without having to undergo the additional NFA transfer and registration process, so long as the device is returned to the sender. See, e.g., Kissimmee Man Sentenced To Five Years In Prison For Manufacturing Over 200 Ghost Guns Without A License, D.O.J Office of Public Affairs (June 12, 2018), https://www.justice.gov/usao-mdfl/pr/kissimmee-man-sentenced-five-years-prison-manufacturing-over-200-ghost-guns-without;; Grass Valley Man Sentenced to 5 Years in Prison for Unlawfully Manufacturing Ghost Guns and Selling Them on Dark Web, DOJ Office of Public Affairs (Sept. 21, 2018), https://www.justice.gov/usao-edca/pr/grass-valley-man-sentenced-5-years-prison-unlawfully-manufacturing-ghost-guns-and;; Rhode Island Man Charged with Building, Selling Ghost Machine Gun, DOJ Office of Public Affairs (Dec. 12, 2018), https://www.justice.gov/usao-ri/pr/rhode-island-man-charged-building-selling-ghost-machine-gun;; Conroe Man Ordered to Prison for Making Ghost Guns, DOJ Office of Public Affairs (Feb. 21, 2019) https://www.justice.gov/usao-sdtx/pr/conroe-man-ordered-prison-making-ghost-guns;; Seven Felons Indicted, Dozens of Firearms Seized as Part of Investigation Targeting Criminal Gun Sales in Orange County, DOJ Office of Public Affairs (Oct. 10, 2019), https://www.justice.gov/usao-cdca/pr/seven-felons-indicted-dozens-firearms-seized-part-investigation-targeting-criminal-gun;; Man Sentenced to 15 Years for Trafficking Ghost Guns and Drugs, DOJ Office of Public Affairs (Feb. 14, 2020), https://www.justice.gov/usao-edva/pr/man-sentenced-15-years-trafficking-ghost-guns-and-drugs;; Tampa Man Sentenced To Over Five Years For Manufacturing Counterfeit Credit Cards, Fake IDs, And Illegal Firearms, DOJ Office of Public Affairs (June 26, 2020), https://www.justice.gov/usao-mdfl/pr/tampa-man-sentenced-over-five-years-manufacturing-counterfeit-credit-cards-fake-ids-and;; Alleged Dealer of Ghost Guns and Machinegun Conversion Devices Arraigned, DOJ Office of Public Affairs (July 15, 2020), https://www.justice.gov/usao-edva/pr/alleged-dealer-ghost-guns-and-machinegun-conversion-devices-arraigned;; Connecticut Man Charged with Firearm Trafficking, DOJ Office of Public Affairs (Aug. 12, 2020), https://www.justice.gov/usao-ma/pr/connecticut-man-charged-firearm-trafficking;; Operation `Black Phoenix' Leads to Federal Charges Against 25 Who Allegedly Engaged in Illegal Narcotics and Firearms Sales, DOJ Office of Public Affairs (Sept. 15, 2020), https://www.justice.gov/usao-cdca/pr/operation-black-phoenix-leads-federal-charges-against-25-who-allegedly-engaged-illegal;; D.C.