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]. Title II Firearms: Title II firearms are machine guns, silencers/suppressors/mufflers, short barreled-rifles, short-barreled shotguns, any other weapons (AOW). a. Codified Laws 22-14-5; Tenn. Code Ann. 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. 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. See 81 FR 26764 (May 4, 2016). Over time, as more PMFs are accepted into inventory, it will become increasingly difficult, if not impossible, for licensees and ATF (during inspections) to distinguish between those PMFs physically in the firearms inventory and those recorded in required AD Records, as well as determine which PMFs recorded as disposed on ATF Form 4473, were those recorded as disposed in the AD Record. 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 you showing that such other identification or period is reasonable and will not hinder the effective administration of this part. 19. . if licensee, or Form 4473 Serial No. The definition of transfer in the NFA only includes selling, assigning, pledging, leasing, loaning, giving away, or otherwise disposing of a firearm. 60, Hrg. The total 10-year discounted cost of the rule is $1.0 million and $1.2 million at 7 percent and 3 percent respectively. Register documents. 3504(h). Under the . 921(a)(3)(A) and can be readily restored to shoot in 26 U.S.C. at 922(t)(2),(4) (NICS background check denied if receipt of firearm by transferee would violate State law); id. tit. (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. If you are using public inspection listings for legal research, you 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. section 637:7-a; N.J. Stat. Further, Rule 2021R-05 does not prohibit you from building a firearm using an 80% receiver. documents in the last year, 876 The label shall include the words ARMOR PIERCING in block letters at least 1/4 inch in height. In other words, FFLs using paper forms requested from ATF are not anticipated to incur any additional cost. [35] 12. The information required by this paragraph shall be entered in the proper record book not later than the seventh day following the date of the transaction. See United States v. Rowold, 429 F. Supp. The proposed definitions would take into account the fact that modern firearms do not house all the components as defined in the current definition. Add, in alphabetical order, definitions for Complete muffler or silencer device and Complete weapon; b. Thus, for ease of reference, this notice of proposed rulemaking refers to the Attorney General throughout. 1980) (weapons could not be readily restored to fire when restoration required master gunsmith in a gun shop and $65,000 worth of equipment and tools). Laws section 750.230; Minnesota Stat. 599A(c)(1). section 14-160.2; N.D. Federal Register issue. At the rear of the receiver, the butt or stock is fastened. [28] 9. In paragraph (a)(1)(v)(G), remove the words serial number and add in their place serial number(s); and. Because separate records are also difficult for ATF to inspect, this rule would amend 478.122 and 478.123 to require licensed importers and manufacturers to consolidate their records of importation, manufacture, or other acquisition, and their sale or other disposition in a format containing the applicable columns specified in a table included in 478.122(b). . From the ATF's website, the proposed changes would: Provide new definitions of "firearm frame or receiver" and "frame or receiver, amend the definition of: "firearm" to clarify when a firearm parts kit is considered a "firearm," and "gunsmith" to clarify the meaning of that term and to explain that gunsmiths may be licensed . Rul. Stat. (5) Period of time to identify firearms. at 924(l) (stealing a firearm which is moving in or has moved in interstate commerce); and id. electronic version on GPOs govinfo.gov. This resulted in some traces of firearms involved in crimes to be returned incomplete for lack of records. 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. The estimate covers the time for reviewing instructions, searching existing sources of data, gathering and maintaining the data needed, and completing and reviewing the collection. (iv) Firearm muffler or silencer parts(A) Firearm muffler or silencer parts transferred between qualified manufacturers to complete new devices. United States v. Thompson/Center Arms, 504 U.S. 505, 513, n.6 (1992) (a rifle was made under the NFA when a pistol was packaged together with a disassembled rifle parts kit); United States v. Hunter, 843 F. Supp. 921(a)(3)(A) even if they cannot expel a projectile in their present form or configuration. 35. 923(g)(5)(A), licensed dealers along the Southwest border are also required by demand letter to report to ATF multiple sales of certain rifles during five consecutive business days to the same person on ATF Form 3310.12, including the rifle's serial number, manufacturer, importer, model, and caliber. 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. No. 18. Therefore, to reflect existing case law, this proposed rule would add a sentence at the end of the definition of firearm in 27 CFR 478.11 providing that [t]he term shall include a weapon parts kit that is designed to or may readily be assembled, completed, converted, or restored to expel a projectile by the action of an explosive., Nonetheless, this amendment is not intended to affect the classification of a weapon, including a weapon parts kit, in which each frame or receiver (as defined in this proposed rule) of such weapon is properly destroyed in accordance with ATF standards. [17] daily Federal Register on FederalRegister.gov will remain an unofficial that agencies use to create their documents. Only official editions of the Tr. Rev. 2. 7801; 26 U.S.C. 1993) (revolver with hammer filed down); United States. However, the definition is not limited to those particular fire control components. 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. Frame or receiver. (a) Any explosive, incendiary, or poison gas (1) bomb, (2) grenade, (3) rocket having a propellent charge of more than 4 ounces, (4) missile having an explosive or incendiary charge of more than one-quarter ounce, (5) mine, or (6) similar device; (b) any type of weapon by whatever name known which will, or which may be . 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. 16. For more details, please refer to Chapter 6 of the Regulatory Impact Analysis. (3) Frame or receiver, machine gun conversion part, or silencer part disposed of separately. has no substantive legal effect. ATF has long held that a piece of metal, plastic, or other material becomes a frame or receiver when it has reached a critical stage of manufacture. Information Required To Be Marked on the Frame(s) or Receiver(s), 6. In other words, this alternative would fall short of addressing all technologies or designs of firearms that are currently available, or may become available in the future. 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). The additional information required to be marked on each frame or receiver (i.e., name, city and state, or name and abbreviated serial number) would only apply to new designs or configurations of firearms manufactured or imported after publication of the rule. [24] Complete weapon. if such forms filed numerically. This change would make clear that both the name and license number (not the address) of a licensee from whom firearms are received and to whom they are disposed are recorded in the AD Record. 90-1097, at 2200 (April 29, 1968) (same). 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. 23. See 27 CFR parts 478, 479. Ann. ATF considered various alternatives when preparing this proposed rule. This proposed definition explains that PMFs are those firearms that were made by nonlicensees without the markings required by this part, and excludes those already marked and registered in the NFRTR, and any firearm made before enactment of the GCA which, unlike the repealed law it replaced, required all firearms to be marked under federal law. This third supplement would define frame or receiver to include in the case of a frame or receiver that is partially complete, disassembled, or inoperable, a frame or receiver that has reached a stage in manufacture where it may readily be completed, assembled, converted, or restored to a functional state. To determine this status, the Director may consider any available instructions, guides, templates, jigs, equipment, tools, or marketing materials. For clarification, partially complete for purposes of this definition means a forging, casting, printing, extrusion, machined body, or similar article that has reached a stage in manufacture where it is clearly identifiable as an unfinished component part of a weapon., This supplement addresses another core challenge of the existing, definition of firearm frame or receiver; namely, that it does not address the question when an object becomes a frame or receiver. (b) A record of each firearm disposed of by an importer 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 importer on the licensed premises. 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. 01/18/2023, 284 section 08.76.180(a)(4); Ariz. Rev. 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. 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. 2d 262, 272-73 (S.D.N.Y. The annualized cost of this proposed rule would be $147,048 and $135,750, also at 7 percent and 3 percent, respectively. Agencies review all submissions and may choose to redact, or withhold, certain submissions (or portions thereof). 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. Mich. 1994) (If Defendants believe that machinegun conversion kits are not in and of themselves `weapons' under 921(a)(3), they forget that that section clearly envisions machineguns as weapons.); United States v. Drasen, 845 F.2d 731, 736-37 (7th Cir. See 18 U.S.C. 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. Except as provided in paragraph (b)(4) of this section, you must identify each part, including a replacement 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 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. A Description of, and Where Feasible, an Estimate of the Number of Small Entities to Which the Proposed Rule Will Apply, 4. This proposed rule would add definitions for complete weapon and complete muffler or silencer device to 27 CFR 478.11 and 479.11. The prefatory paragraph to the definitional sections in the GCA and NFA regulations explain that [t]he terms `includes' and `including' do not exclude other things not enumerated which are in the same general class or are otherwise within the scope thereof. 27 CFR 478.11, 479.11. This rule does not require individuals to mark their personal firearms. In 479.112(a), second sentence, remove the words serial number and add in their place the words serial number(s). From January 1, 2016, through March 4, 2021, ATF could only complete traces of suspected PMFs recovered by law enforcement to an individual purchaser in approximately 151 out of 23,946 attempts, generally by tracing a serial number engraved on a handgun slide, barrel, or other firearm part not currently defined as a frame or receiver, but recorded by licensees in the absence of other markings. While the GCA does not Start Printed Page 27721define the term frame or receiver, to implement the statute, the terms firearm frame or receiver and frame or receiver were defined in regulations several decades ago as that part of a firearm that provides housing for the hammer, bolt or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel. 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. Manufacturers of such parts kits must be licensed, abide by the marking and recordkeeping requirements, and pay Federal Firearms Excise Tax on their sales price. As required by the Paperwork Reduction Act of 1995 (44 U.S.C. Minor changes to the above regulations regarding recordkeeping by licensees would also be needed to account for any voluntary receipts or other acquisitions (including from a personal collection) of privately made firearms, and corresponding dispositions (including to a personal collection). Otherwise, we will not have tracing capability. 2003-3 (HK G3 type receivers); ATF Rul. 565, 574-75 (D.D.C. 922(k) and 26 U.S.C. at 924(m) (stealing a firearm from a licensee). (1) 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 internal components (e.g., a split frame with upper assembly and lower assembly as in many semiautomatic rifles, upper slide assembly and lower grip module as in many semiautomatic handguns, or multiple silencer modular pieces), the Director may determine whether a specific part or parts of a weapon is the frame or receiver, which may include an internal frame or chassis at least partially exposed to the exterior to allow identification.
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