For purposes of this paragraph, firearms actively awaiting materials, parts, or equipment repair to be completed are actively in the manufacturing process. documents in the last year, by the Engineers Corps and the Environmental Protection Agency Rec. ATF has encountered some firearms retailers who have destroyed large numbers of records more than 20 years old so that they would no longer need to be stored physically. Stat. The Attorney General may inspect or examine the inventory and records of a licensed importer, licensed manufacturer, or licensed dealer, without such reasonable cause or warrant, and during the course of a criminal investigation of a person or persons other than the licensee in order to ensure compliance with the recordkeeping requirements of 18 U.S.C. In 479.141, remove the word manufacturer and add in its place manufacturer(s) and remove the words serial number and add in their place serial number(s). 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. Code tit. The crucial inquiry, then, is the point at which an unregulated piece of metal, plastic, or other material becomes a regulated item under Federal law. Paper records that do not contain any open disposition entries and with no dispositions recorded within 20 years may be stored at a separate warehouse, which shall be considered part of the business premises for this purpose and subject to inspection under this part. Start Printed Page 2773928 U.S.C. In this Issue, Documents . [55] The rule will go into effect on August 24, 2022; 120 days from the date of publication in the Federal Register. Partially Complete, Disassembled, or Inoperable Frame or Receiver, D. Definitions of Complete Weapon and Complete Muffler or Silencer Device, E. Definition of Privately Made Firearm, F. Definition of Importer's or Manufacturer's Serial Number, 1. 7801(a)(2); 28 U.S.C. The Rule just changes the process of building your firearm this way. 2003-1 (destruction of Browning M1919 type receivers); ATF Rul.2003-2 (FN FAL type receivers); ATF Rul. Additionally, more firearm manufacturers began incorporating a striker-fired mechanism rather than a hammer in the firing design. See, e.g., Lewis v. United States, No. Accordingly, the Department and ATF have promulgated regulations implementing the GCA and NFA. 23, 2021), https://www.anu.edu.au/news/all-news/glock-ghost-guns-up-for-grabs-on-the-dark-web;; Spain dismantles workshop making 3D-printed weapons, BBC, (Apr. 36. section 40-39-80(B)(1)(l)(iii),(ix); Tenn. Code Ann. [37] At the heart of the ruling is the factoring criteria for firearms with stabilizing braces. See Public Law 90-351, sec. Persons should consult the laws and officials in their own States and localities to determine the lawfulness of PMFs. Importer's or manufacturer's serial number. In recent years, the number of PMFs recovered from crime scenes throughout the country has increased. 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. 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. 8. 922(k) (prohibiting possession of firearms with obliterated serial numbers) would be upheld under the Second Amendment because serial number tracing serves a governmental interest in enabling law enforcement to gather vital information from recovered firearms. However, no ATF Form 4473 or NICS background check would be required upon return of the marked firearm to the person from whom it was received, pursuant to 27 CFR 478.124(a). A licensed manufacturer qualified under part 479 may transfer a part defined as a firearm muffler or firearm silencer to another qualified manufacturer without immediately identifying or registering such part provided that, upon receipt, it is actively used to manufacture a complete muffler or silencer device. 3. 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. ATF's decision whether to classify an item voluntarily submitted is entirely discretionary. ATF will retain all comments as part of this rulemakings administrative record. 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. Should the current definition remain in place and courts continue to interpret it such that no part or parts of most firearms are defined as the frame or receiver, these unserialized parts, easily purchased and assembled to create functioning firearms, would be untraceable, thereby putting the public at risk. If a manufacturer produces or an importer imports a firearm falling within one of these designs as they exist as of the date of publication of a final rule, it can refer to this list to know which part is the frame or receiver. The term "Firearm" means: Any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; B. The agency announced plans to publish the final version of their rule reclassifying pistol braces, a popular firearm accessory, on Friday. Frame or receiver. a. 75. Description and Number of Respondents: The current number of respondents is 9,056 firearm manufacturers, but this proposed rule would have a one-time surge for an unknown select few licensed manufacturers. ATF also requests comments on the costs or benefits of the proposed rule and on the appropriate methodology and data for calculating those costs and benefits. ATF anticipates the majority of affected entities are small entities and would experience any range of costs; therefore this rule would have a significant impact on a substantial number of small entities. Ann. Marking the outer tube, as distinguished from a smaller non-housing component like an end cap that can be damaged upon expulsion of projectiles, best preserves the ability of law enforcement to trace the silencer device if used in crime, and is consistent with recommendations ATF has received from the firearms industry. Ann. Va. 2020) (indictment charging false statements on ATF Form 4473 in connection with the purchase of specific handguns listed by date of purchase, make, caliber, model, serial number, and name of FFL); United States v. McCurdy, 634 F. Supp. documents in the last year, 1487 A determination made by the Director under this paragraph shall not be deemed by any person to be applicable to or authoritative with respect to any other sample, design, model, or configuration. (implementing GCA, Title II). 29. When a firearm is disposed to an unlicensed person, licensees are required to complete a Firearms Transaction Record, ATF Form 4473 (Form 4473). 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. Such privately made firearms have and will continue to make their way to the primary market in firearms throughout the licensed community. 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. 5845(d) and stating [t]he fact that the weapon was in two pieces when found is immaterial considering that only a minimum of effort was required to make it operable.); United States v. Smith, 477 F.2d 399, 400-01 (8th Cir. publication in the future. Rev. 5527 (March 22, 1965). Information Required To Be Marked on the Frame(s) or Receiver(s), 6. [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. 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. . 7801; 26 U.S.C. Written comments must be postmarked and electronic comments must be submitted on or before August 19, 2021. However, the cost, capabilities, and availability of 3D printers are quickly improving. . This rule defines the term complete muffler or silencer device not to say that individual silencer parts are not considered a firearm muffler or silencer subject to the requirements of the NFA, but to advise industry members when those individual silencer parts must be marked and registered in the NFRTR when they are used in assembling or fabricating a muffler or silencer device. Stat. [22] 26 U.S.C. This coloring must completely cover the point of the projectile and at least 50 percent of that portion of the projectile which is visible when the projectile is loaded into a cartridge case. Upon completion of the examination, the Director may return the sample to the person who made the request unless a determination is made that return of the sample would be or place the person in violation of law. section 2C:39-3(d); N.Y. (b) Split or modular frame or receiver. Ann. For non-FFL manufacturers of firearm parts kits containing a part defined as a firearm frame or receiver, ATF anticipates there would be a significant impact on these individual companies, but notes that the overall industry impact would also be minimal. 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), remove the words serial number, wherever they appear, and add in their place serial number(s), and remove as provided in paragraph (g) and add in its place as provided in paragraphs (g) and (i); ii. Any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; The frame or receiver of any such weapon; Any firearm muffler or firearm silencer; or. This proposed rule would affect a one-time surge of 6,044 respondents. States can require markings on firearms for individuals. Licensees shall maintain records of the importation, manufacture, or other acquisition of firearms, including ATF Forms 6 and 6A as required by subpart G of this part, until business is discontinued. There is no cost associated with this section. 2d 262, 272-73 (S.D.N.Y. The engraving, casting, or stamping (impressing) of the serial number and additional information must be to a minimum depth of .003 inch and in a print size no smaller than 1/16 inch. The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. The proposed new regulatory definition of frame or receiver would be a multi-part definition added to 27 Start Printed Page 27727CFR 478.11 and 479.11 (referencing section 478.11). 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. shoulder, provided other factors, as listed in the definition, indicate the weapon is designed and intended to be fired from the shoulder. ATF's redefinition of "firearm," and ATF's other APA (Administrative Procedure Act of 1946) violations. 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. Source: ATF Office of Strategic Intelligence and Information. 25. 5822; 26 U.S.C. This responsibility includes the authority to promulgate regulations necessary to enforce the provisions of the GCA and NFA. 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. 17-A section 705(E); Md. 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. 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. Even though neither the upper nor the lower portion of a split/multi-piece receiver firearm alone falls within the precise wording of the regulatory definition, ATF has for many years interpreted the regulatory definition using these factors as a guide in determining which portion of a weapon model is a firearm frame or receiver. 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. 1. A Proposed Rule by the Alcohol, Tobacco, Firearms, and Explosives Bureau on 05/21/2021. See Baltimore police report a 400% increase in untraceable `ghost guns', The Baltimore Sun (Feb. 18, 2021), http://www.baltimoresun.com/news/crime/bs-pr-md-ci-cr-ghost-gun-ban-20210218-ae2dortu6ngn5llmfmq6yxtx6m-story.html;; Syracuse joins lawsuit against feds amid rise in ghost guns, WRVO Syracuse (Aug. 27, 2020), https://www.wrvo.org/post/syracuse-joins-lawsuit-against-feds-amid-rise-ghost-guns#stream/0;; Ghost Guns: The build-it-yourself firearms that skirt most federal gun laws and are virtually untraceable, CBS News (May 10, 2020), https://www.cbsnews.com/news/ghost-guns-untraceable-weapons-criminal-cases-60-minutes-2020-05-10/;;; Untraceable ghost guns proliferate as Philadelphia grapples with violence, The Morning Call (Mar. [43] . 5. Under Federal law, for example, certain firearm transactions must be conducted through Federal firearms licensees. Except as provided in paragraph (a)(4)(iv) of this section, licensed manufacturers must identify 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 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. Basically, according to the definition set forth by the ATF it is not a pistol, not a rifle and not under the jurisdiction of the NFA therefore it classifies as an other firearm. The caliber and type of projectile is not factored into the classification. Licensees are also required by law to report the theft or loss of firearms on a Federal Firearms Licensee Theft/Loss Report, ATF Form 3310.11, which includes a description of the manufacturer, importer, model, serial number, type, and caliber/gauge of each firearm stolen or lost. 15. In accordance with the Regulatory Flexibility Act (RFA), ATF prepared an Initial Regulatory Flexibility Analysis (IRFA) that examines the impacts of the proposed rule on small entities (5 U.S.C. c. In paragraph (a)(2)(vii), remove serial number and add in its place serial number(s). Felon Pleads Guilty in Federal Court in Maryland to Illegal Possession of a Ghost Gun Firearm and Ammunition, DOJ Office of Public Affairs (Sept. 22, 2020), https://www.justice.gov/usao-md/pr/dc-felon-pleads-guilty-federal-court-maryland-illegal-possession-ghost-gun-firearm-and;; Ghost Gun and Machine Gun Conversion Device Dealer Pleads Guilty, DOJ Office of Public Affairs (Sept. 29, 2020), https://www.justice.gov/usao-edva/pr/ghost-gun-and-machine-gun-conversion-device-dealer-pleads-guilty;; Felon sentenced to more than five years in prison for arsenal of `ghost guns' and smuggled silencers, DOJ Office of Public Affairs (Oct. 9, 2020), https://www.justice.gov/usao-wdwa/pr/felon-sentenced-more-five-years-prison-arsenal-ghost-guns-and-smuggled-silencers;; Montgomery County Man Admits to Unlawfully Selling Ghost Guns, DOJ Office of Public Affairs (Nov. 5, 2020), https://www.justice.gov/usao-ndny/pr/montgomery-county-man-admits-unlawfully-selling-ghost-guns;; Drug Dealer Who Sold Ghost Guns, Silencers, and a Machinegun Sentenced to Thirty Years in Federal Prison, DOJ Office of Public Affairs (Nov. 6, 2020), https://www.justice.gov/usao-ndia/pr/drug-dealer-who-sold-ghost-guns-silencers-and-machinegun-sentenced-thirty-years-federal;; Baltimore Man Sentenced to 21 Years in Federal Prison for Five Bank Robberies, Five Armed Robberies of Liquor Stores, and Related Firearms Charges, DOJ Office of Public Affairs (Nov. 12, 2020), https://www.justice.gov/usao-md/pr/baltimore-man-sentenced-21-years-federal-prison-five-bank-robberies-five-armed-robberies;; Philadelphia Man Sentenced to 121/2 Years for Trafficking Methamphetamine and Weapons, Including `Ghost Guns,' Near Schools, DOJ Office of Public Affairs (Dec. 30, 2020), https://www.justice.gov/usao-edpa/pr/philadelphia-man-sentenced-12-12-years-trafficking-methamphetamine-and-weapons;; Vineland Boys Gang Member Pleads Guilty to Racketeering Offenses, Including Attempted Murder and Narcotics Trafficking, DOJ Office of Public Affairs (Jan. 22, 2021), https://www.justice.gov/usao-cdca/pr/vineland-boys-gang-member-pleads-guilty-racketeering-offenses-including-attempted;; Burbank Man Arrested on Federal Complaint Alleging He Sold `Ghost Guns' Out of His Hookah Lounge, DOJ Office of Public Affairs (Jan. 29, 2021), https://www.justice.gov/usao-cdca/pr/burbank-man-arrested-federal-complaint-alleging-he-sold-ghost-guns-out-his-hookah;; Saratoga County Man Admits to Unlawfully Selling Ghost Guns and Methamphetamine Distribution, DOJ Office of Public Affairs (Feb. 3, 2021), https://www.justice.gov/usao-ndny/pr/saratoga-county-man-admits-unlawfully-selling-ghost-guns-and-methamphetamine;; Orange County Man Sentenced to 10 Years in Federal Prison for Brokering Illegal Sales of `Ghost Guns,' Other Firearms, DOJ Office of Public Affairs (Feb. 8, 2021), https://www.justice.gov/usao-cdca/pr/orange-county-man-sentenced-10-years-federal-prison-brokering-illegal-sales-ghost-guns. 2003-4 (Sten type receivers). 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 requirement would be added to an existing approved collection covered by OMB control number 1140-0050 and 1140-0067. 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. Furthermore, there may be a savings for individual owners of silencers. 2005) (pistol with a broken firing pin and flattened firing-pin channel); United States. 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