atf definition of other firearm

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 . Any pistol with a length of pull that is consistent with that of what would be found in a rifle would be considered an SBR. developer tools pages. 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. 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. Alternate Means or Period of Identification, 7. of the issuing agency. 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). For these reasons, the Department proposes amending ATF's regulations to clarify the definition of firearm and to provide a more comprehensive definition of frame or receiver so that those definitions more accurately reflect firearm configurations not explicitly captured under the existing definitions in 27 CFR 478.11 and 479.11. Proposed Use of Information: The Bureau of Alcohol, Tobacco, Firearms, and Explosives would use this information in fighting crime by facilitating the tracing of firearms used in criminal activities. [46] The nonexclusive list identifies the frame or receiver for the following firearms: (i) Colt 1911-type, Beretta/Browning/FN Herstal/Heckler Koch/Ruger/Sig Sauer/Smith Wesson/Taurus hammer fired semiautomatic pistols; (ii) Glock-type striker fired semiautomatic pistols; (iii) Sig Sauer P320-type semiautomatic pistols; (iv) certain locking block rail system semiautomatic pistols; (v) AR-15-type and Beretta AR-70-type firearms; (vi) Steyr AUG-type firearms; (vii) Thompson M1A1-type machineguns and semiautomatic variants, and L1A1, FN FAL, FN FNC, MP 38, MP 40, and SIG 550 type firearms, and HK-type machineguns and semiautomatic variants; (viii) Vickers/Maxim, Browning 1919, and M2-type machineguns, and box-type machineguns and semiautomatic variants thereof; and (ix) Sten, Sterling, and Kel-tec Sub-2000-type firearms. [50], Nonetheless, like the definition of frame or receiver for projectile weapons, this sub-definition would be flexible enough to encompass changes in technology and parts terminology. 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. 2d 262, 272-73 (S.D.N.Y. 116-88, at 2. 923(g)(1)(A); 27 CFR 478.122, 478.123. This proposed rule would not alter the Director's ability to authorize other means of identification, or a marking variance, for any part defined as a firearm (including a machinegun or silencer) upon receipt of a letter application or an Application for Alternate Means of Identification of Firearms (Marking Variance), ATF Form 3311.4, showing that such other identification is reasonable and does not hinder the effective administration of the regulations. A Proposed Rule by the Alcohol, Tobacco, Firearms, and Explosives Bureau on 05/21/2021. (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. 5842(a); id. 922(i) (transporting or shipping stolen firearms in interstate or foreign commerce); id. This PDF is 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. (v) Period of time to identify firearms. [27] However, in order to enforce the regulation, a complete grandfathering of existing firearms and silencers is problematic in that manufacturers could continue to Start Printed Page 27738produce non-compliant firearm frames or receivers and falsely market them as grandfathered firearms. documents in the last year, 480 In this regard, the proposed rule would make a distinction between the manufacture or making of a complete weapon or complete muffler or silencer device, and 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. 19, 2021), https://www.bbc.com/news/world-europe-56798743. [FR Doc. See, e.g., United States v. Evans, 928 F.2d 858 (9th Cir. 63. There is only a minimal inconvenience for the dealer, yet obtaining and recording this information is critical to avoid serious damage to the Firearm Tracing Program.). 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). (ii) Firearm muffler or silencer replacement parts transferred to qualified manufacturers or dealers to repair existing devices. 11 section 1459; Fla. Stat. Prior to passage of the GCA, the Federal Firearms Act of 1938 (FFA) regulated all firearm parts. [58] 57. 2019); Commonwealth v. Baxter, 956 A.2d 465 (Pa. Super 2008). Rev. (a) Identification required. 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. 245 (kits which contain all of the necessary component parts for the assembly of shotguns are complete firearms in knockdown condition even though, in assembling the shotguns the purchaser must `final-shape,' sand, and finish the fore-arm and the stock); cf. Similar to other firearms, because the proposed rule would now specify the seven-day grace period in which to mark all completed firearms, including destructive devices, this rule would also allow ATF to grant a variance from this period. 69. the official SGML-based PDF version on govinfo.gov, those relying on it for at 182; see also Identification Markings Placed on Firearms, 66 FR 40597 (Aug. 3, 2001) (Firearms tracing is an integral part of Start Printed Page 27724any investigation involving the criminal use of firearms.); Blaustein Reich, Inc. v. Buckles, 220 F. Supp. (4) Firearm muffler or silencer parts(i) Firearm muffler or silencer parts transferred between qualified manufacturers to complete new devices. 921(a)(3)(B).[16]. In recent years, the number of PMFs recovered from crime scenes throughout the country has increased. Licensees must record each receipt (whether or not kept overnight) or other acquisition (including from a personal collection) and disposition (including to a personal collection) of a privately made firearm as required by this part, except that such information need not be recorded if the firearm is being identified under the direct supervision of another licensee with their information. [38], Due to judicial developments as well as continued technological advancements in firearms manufacturing, maintaining the current definitions negatively affects both public safety and the regulated firearms industry. You need not respond to a collection of information unless it displays a currently valid control number from OMB. Like changes to the recordkeeping regulations, these amendments would make certain words plural, (e.g., manufacturer(s), importer(s), and serial number(s)) to ensure that the Federal firearms licensee is recording more than one manufacturer, importer, and serial number, if appropriate, on Forms 4473. However, to reduce costs incurred by licensees, ATF anticipates that it would exercise its discretion not to enforce a title format change to the AD Record to add and/or PMF in the manufacturer column until an existing paper record book is completed (i.e., closed out) or electronic record version updated in the normal course of business, provided each PMF received is accurately recorded as a PMF in the manufacturer column. 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. section 445-134.11(c)(10); 205 Ill. Comp. Rec. 926(a); 26 U.S.C. 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. Under this rule, licensed collectors would only need to mark PMFs they receive or otherwise acquire that are defined as curios or relics. See 27 CFR 478.11 (definitions of firearm and curios or relics). However, for frames or receivers, and individual machinegun conversion or silencer parts defined as firearms that are disposed of separately, the model designation and caliber or gauge may be omitted if it is unknown at the time the part is identified.Start Printed Page 27732. 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. (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 Stat. While every effort has been made to ensure that Stat. In addition, if ATF cannot read your comment due to technical difficulties and cannot contact you for clarification, ATF may not be able to consider your comment. section 56-12-9(A)(3); N.C. Gen. Stat. Agencies must perform a review to determine whether a rule will have such an impact. 837, 841 (1968) (literal application of the definition of taxpayer in section 7701(a)(14) was avoided where it was manifestly incompatible with the intent of other sections of the IRC); Davis v. Commissioner, 30 T.C. Cent. 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. See United States v. Marzzarella, 614 F.3d 85, 100 (3rd Cir. 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. Indeed, the internet is replete with people with no experience completing these firearms. 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. Defining what a receiver or frame is, however, was left up to regulating agencies - in this case, the ATF. 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. 1977) (holding that a weapon was a shotgun within the meaning of 26 U.S.C. Privately made firearm (PMF). 901(a), 82 Stat. In the first sentence of paragraph (a)(4), remove manufacturer and importer (if any) and add in its place manufacturer(s) and importer(s) (if any) of the firearm or privately made firearm (if privately made in the United States), remove the words serial number and add in their place serial number(s), remove Manufacturer and importer (if any) and add in its place Manufacturer(s) and importer(s) (if any), and remove the words Serial No. and add in their place serial number(s). You may submit comments, identified by docket number ATF 2021R-05, by any of the following methods. 5845(m). 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. 2. . Thus, for ease of reference, this notice of proposed rulemaking refers to the Attorney General throughout. The President of the United States issues other types of documents, including but not limited to; memoranda, notices, determinations, letters, messages, and orders. 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. Based on current marketing related to the unregulated sale of certain firearm parts kits, ATF anticipates that these non-FFLs would either become FFLs to sell regulated frames or receivers or complete weapons (either as kits or fully assembled), or would take a loss in revenue to sell unregulated items or parts kits that do not contain a frame or receiver (i.e., unregulated raw materials or molds, fire control components, barrels, accessories, tools, jigs, or instructions), but not both. 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. In 2016, ATF issued an Advance Notice of Proposed Rulemaking in response to a petition for rulemaking from a firearms industry trade association recommending that regulations be amended to require that a silencer be marked on the outer tube (as opposed to other locations), unless a variance is granted by the Director on a case-by-case basis for good cause. 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. at 923(d)(1)(F) (requiring license applicants to certify compliance with the requirements of State and local law applicable to the conduct of business). Stat. 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. 35 Non-FFL manufacturers (Definition of Receiver). documents in the last year, by the Energy Department 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. 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. 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. Codified Laws 22-14-5; Tenn. Code Ann. [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. That proposed definition focused on housing the trigger group; however, it did not define trigger group and even if it did, it would not address firearms that do not house trigger components within a single housing, or which have a remote trigger outside the weapon. Stat. At the time these definitions were published around 50 years ago, single-framed firearms such as revolvers and break-open shotguns were far more prevalent for civilian use than split/multi-piece receiver weapons, such as semiautomatic rifles and pistols with detachable magazines. Rev. (a)(1) Firearms manufactured or imported by licensees. 90-1097, at 2200 (April 29, 1968) (same). Notice of proposed rulemaking; request for comment. The serial number identified on each part of a weapon defined as a frame or receiver must be the same number, but must not duplicate any serial number(s) placed by the licensee on any other firearm. Rul. In paragraph (a)(2)(iii), remove the word country and add in its place the term country or countries; and. section 45-6-326; Neb. 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. nextgov.com (Mar. This alternative would grandfather in all existing firearms that would not meet the serialization standard for partially complete and split frames or receivers. In paragraph (a)(1)(v)(G), remove the words serial number and add in their place serial number(s); and. Except as provided in paragraph (a)(4)(iv) of this section, each 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 by the licensee 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. Gen. Laws 269 section 11E (prohibiting manufacture or delivery of unserialized firearms to licensed dealer); N.J. Stat. 7801(a)(2)(A); id. 921(a)(11)(B); id. When a partially complete frame or receiver parts kit reaches a stage in manufacture where it may readily be completed, assembled, converted, or restored to a functional state, it would be considered a firearm frame or receiver that must be marked. 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. 552). 25. ATF's new rule does not change the definition of a Firearm Frame or Receiver to include 3D printed firearms. (b) Split or modular frame or receiver. Rev. 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. Further, marks help prove in certain criminal prosecutions that firearms used in a crime have travelled in interstate or foreign commerce.). Likewise, the absence of identifying firearm information on multiple sales forms and theft/loss reports makes it more difficult for ATF to identify firearms traffickers and thieves. 2021-10058 Filed 5-20-21; 8:45 am], updated on 12:35 PM on Wednesday, January 18, 2023, updated on 8:45 AM on Wednesday, January 18, 2023. Rec. 20. 76. 1996) (pistol with broken firing pin); United States v. Yannott, 42 F.3d 999, 1005 (6th Cir. 3507(d)), a copy of this proposed rule will be submitted to OMB for its review of the collections of information. For additional requirements relating to imported firearms, see Customs regulations at 19 CFR part 134. Reason.com (Nov. 22, 2013), https://reason.com/2013/11/22/philadelphia-becomes-first-city-to-ban-3/;;; County Council Unanimously Approves Ghost Gun Bill Identification of firearms and armor piercing ammunition. See Once Banned, Now Loved and Loathed: How the AR-15 Became `America's Rifle', New York Times (Mar. 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. 38. Application of the rule, as proposed, would not alter these prior Start Printed Page 27729ATF classifications. Once the new device with such part is completed, the manufacturer of the device shall identify and register it in the manner and within the period specified in this part for a complete muffler or silencer device. 1577, 90th Cong., 2d Sess., 14 (1968)). The term "Antique Firearm" means: A. See 111 Cong. 15. Under Federal law, for example, certain firearm transactions must be conducted through Federal firearms licensees. Bureau of Alcohol, Tobacco, Firearms and Explosives. Change the definition of a Firearm frame or receiver to include 3D printed.. A shotgun within the meaning of 26 U.S.C ( 1 ) ( B ) or! That firearms used in a crime have travelled in interstate or foreign commerce. ). [ 16.! 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