atf definition of other firearm

39. better and aid in comparing the online edition to the print edition. Tr. 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. 5845(a)(7); 27 CFR 478.11; id. Prior to passage of the GCA, the Federal Firearms Act of 1938 (FFA) regulated all firearm parts. 31. Stat. 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. (1) Marking of ammunition. 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. 27 CFR 478.11 (implementing GCA, Title I); 27 CFR 479.11[5] Stat. 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. This assumes, of course, that the PMF involved in the crime could even be traced to the Federal firearms licensee, or that the correct Form 4473 could be located. The total 10-year discounted cost of the rule is $1.0 million and $1.2 million at 7 percent and 3 percent respectively. 4181, imposes on the manufacturer, producer, or importer an excise tax of 10% (pistols and revolver) or 11% (other firearms) on the sales price of firearms manufactured, produced, or imported, including complete, but unfinished, weapon parts kits. (iii) Adoption of identifying markings. 2d 118 (D. Me 2009) (denial of a motion for a new trial discussing whether the firearm sold as documented on the ATF Form 4473 and the firearm introduced at trial were the same). A licensed manufacturer qualified under this part may transfer a replacement part defined as a muffler or 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. The information required by this paragraph shall be recorded in a format containing the applicable columns prescribed by 478.122.Start Printed Page 27750. 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. The record shall show the date of such sale or other disposition, and the name and license number of the licensee to whom the firearms were transferred, or if disposed to a nonlicensee, the name and address of the person, or the serial number of the firearms transaction record, Form 4473, if the licensee transferring the firearm serially numbers the Forms 4473 and files them numerically. 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. The information required by this paragraph shall be recorded not later than 15 days following the date of importation or other acquisition in a format with the applicable columns set forth in paragraph (b) of this section. 599A(b)(1); 28 CFR 0.130(a)(1)-(2). This proposed rule would also account for advances in technology in performing transactions such as electronic storage. 40. Rev. 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. section 445-134.11(c)(10); 205 Ill. Comp. In the case of a licensed collector, the term shall mean only curios and relics. 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. (iv) In the case of an imported firearm, the name of the country in which it was manufactured. This repetition of headings to form internal navigation links [43] [71] The depth of all markings required by this section is measured from the flat surface of the metal and not the peaks or ridges. (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 . a. ATF Letter to Private Counsel #907010 (Mar. 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) 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. 2003) (partially disassembled Tec-9 pistol that could be assembled within a short period of time could readily be converted to expel a projectile); United States v. Catanzaro, 368 F. Supp. Both the GCA and NFA define the term manufacturer as any person engaged in the business of manufacturing firearms, and the GCA further defines the term licensed manufacturer as any such person licensed under the provisions of this chapter. 18 U.S.C. documents in the last year, by the Engineers Corps and the Environmental Protection Agency Start Printed Page 2773928 U.S.C. [58] 923(g)(1)(A); 27 CFR 478.122, 478.123. In other words, they're re-re-defining their definition of a firearm, despite years of people building partially completed (80%) guns at home without government regulation. 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. Because it assists law enforcement in this manner, we find its preservation is not only a substantial but a compelling interest.). The proposed rule would result in a one-time cost for contract gunsmithing, estimated to be $180,849. The plain language of the definition of firearm in 18 U.S.C. 01/18/2023, 41 While millions of AR-15s/M-16s existed at the time ATF promulgated the definitions, they were manufactured almost exclusively for military use. 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. [6] Agencies must perform a review to determine whether a rule will have such an impact. The rule, which President Joe Biden requested as part of . See, e.g., United States v. Hardin, 889 F.3d 945, 946 (8th Cir. Although under 478.11 and 479.11 singular terms in the regulations must always be read to include the plural form, and vice versa, these changes are necessary to ensure that more than one name, manufacturer, country, importer, or serial number, if appropriate, is recorded when completing importation forms. 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. The term "pistol" and the term "revolver", as used in sections 29 . [41], In recent years, individuals have been purchasing firearm parts kits with incomplete frames or receivers, commonly called 80% receivers,[42] (v) Period of time to identify firearms. |, 14.5s and 16s getting prepped for more build, All the gray #modernmateriel #modmat15 #cerakot, Fresh batch of Patrols headed out to another local, Last week was an amazing time at the Police and Se, #modernmateriel #modmat15 #snipergreen #blackenedc, PB & Grey The intent of Congress, as indicated by the plain language and the statutory scheme of the GCA, is to regulateas a firearmthe frame or receiver of a firearm. However, when a frame or receiver is broken or has been disassembled into pieces that can readily be made into a frame or receiver, or is a partially complete frame or receiver forging, casting, or additive printing[56] Like the AD Record, this form requires licensees to record the manufacturer and importer, model (if designated), serial number, type, and caliber or gauge of the firearm. This is because the outer tube would be the only housing for essential internal components (e.g., baffles or baffling material) of the complete device. Further, this NPRM proposes new terms and definitions to take into account technological developments and modern terminology in the firearms industry, as well as amendments to the marking and recordkeeping requirements that would be necessary to implement these definitions. The application shall show that engraving, casting, or stamping (impressing) such a weapon as required by this section would be dangerous or impracticable, or that the requested period is reasonable and will not hinder the effective administration of this part. This proposed rule would require licensed dealers and collectors to store their Forms 4473 or AD records indefinitely. The proposed rule would require acquisition and disposition record changes to accommodate recording multiple frames or receivers that have different serial numbers if the original frames or receivers (with the same serial number) become separated and are reassembled with frames or receivers bearing different serial numbers. Such information shall be recorded in a format containing the applicable columns below, except that for armor piercing ammunition, the information and format shall also include the quantity of projectiles: Importer's or Manufacturer's Firearms Acquisition and Disposition Record, Importer's or Manufacturer's Armor Piercing Ammunition Disposition Record. Stat. 34. 61-189 (IRS RRU), 1961-2 C.B. 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. ATF occasionally issues serial numbers for placement on firearms in which the serial numbers were not originally placed, see 26 U.S.C. section 40-39-80(B)(1)(l)(iii),(ix); Tenn. Code Ann. See, e.g., Lewis v. United States, No. 5845(m). Public Law 90-351, section 907, 82 Stat. This provision is intended to reduce production costs incurred by licensees. 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. Years after these definitions were published, split/multi-piece receiver firearms, such as the AR-15 semiautomatic rifle (upper receiver and lower receiver), Glock semiautomatic pistols (upper slide assembly and lower grip module), and Sig Sauer P320 (M17/18 as adopted by the U.S. military) (upper slide assembly, chassis, and lower grip module), became popular. However, if there is a present or future split or modular design for a firearm that is not comparable to an existing classification, then the definition of frame or receiver would advise that more than one part is the frame or receiver subject to marking and other requirements, unless a specific classification or marking variance is obtained from ATF, as described above. Title: Licensed Firearms Manufactures Records of Production, Disposition, and Supporting Data. 2, 2020), https://www.npr.org/local/305/2020/03/02/811194978/how-d-c-is-addressing-an-ongoing-spike-in-gun-violence;; Untraceable `Ghost Guns' sold across Central Florida, WKMG-TV Orlando (Nov. 15, 2016), https://www.clickorlando.com/getting-results/2016/11/15/untraceable-ghost-guns-sold-across-central-florida/. 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 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. 28. 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. This site displays a prototype of a Web 2.0 version of the daily As the Supreme Court stated in District of Columbia v. Heller, 554 U.S. 570, 626-27 n.26 (2008), presumptively lawful regulatory measures include those imposing conditions and qualifications on the commercial sale of arms. See also United States v. Marzzarella, 614 F.3d 85, 99 (3d Cir. [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. It also does not address potential changes in firearms terminology. include documents scheduled for later issues, at the request In the fourth sentence of paragraph (f), remove Upon receipt of such Forms 4473, the and add in its place The, 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 number and add in their place serial number(s). ATF specifically requests comments on the feasibility of implementing the new definition of firearm frame or receiver in 27 CFR 478.11 and 27 CFR 479.11, and related definitions and amendments that ensure the proper marking, recordkeeping, and traceability of all firearms manufactured, imported, acquired and disposed by Federal firearms licensees. Because this proposed rule affects different populations in different ways, the analysis for the IRFA has been broken up by provision. ATF anticipates only minimal costs associated with moving the serial number and other identifying information from the end cap or adding the same information to the outer tube on certain silencers. This is consistent with prior ATF guidance to the firearms industry. This proposed rule would affect a one-time surge of 6,044 respondents. 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. This is consistent with prior ATF guidance to the firearms industry. 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 change is needed to ensure that acquisition records are closed out when firearms are no longer in inventory. This may result in no part of a firearm being regulated as a frame or receiver contrary to the requirements in the GCA that ensure tracing to solve crime and help prevent prohibited persons from coming into possession of weapons. 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. 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 amendment would make clear that businesses that routinely repair or customize existing firearms, make or fit special barrels, stocks, or trigger mechanisms, or mark firearms as a service performed on firearms not for sale or distribution by a licensee, may be licensed as dealer-gunsmiths rather than as manufacturers. 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. 53. at 5845(a)(7). The term frame or receiver shall 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. Tenn. Oct. 19, 2012) (serial number obliterated on the visible exterior of a revolver); State v. Shirley, No. [78] documents in the last year, 973 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. ATF recently issued that procedure in light of changes to ATF Form 4473 (May 2020), which now requires completion of the form in an order different from that provided in 478.124(f). Any such part identified with a serial number shall be presumed, absent an official determination by the Director or other reliable evidence to the contrary, to be a frame or receiver. 2006) (a starter gun that can be modified in less than one hour by a person without any specialized knowledge to fire may be considered readily convertible under the GCA); United States v. One TRW, Model M14, 7.62 Caliber Rifle, 441 F.3d 416, 422-24 (6th Cir. section 18.2-308.5 (prohibiting possession of undetectable firearms); Wash. Rev. 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