Antique firearm. documents in the last year, 37 7701(a). Senator Dodd explained that [t]he present definition of this term includes `any part or parts' of a firearm. section 75-67-305(1)(a)(iii),(ix); Mo. 60, Hrg. As Glock became popular, other manufacturers started using striker fire as well, proliferating it across the firearms manufacturing community on a grand scale.). It is not an official legal edition of the Federal There would also be an amendment to 27 CFR 478.50(a) to allow all licensees, including manufacturers and importers, to store paper records and forms with no open disposition entries and with no dispositions recorded within 20 years at a separate warehouse, which would be considered part of the business premises for this purpose and subject to inspection. Be signed and contain the commenter's complete first and last name and full mailing address; and. 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. In paragraph (b)(1)(iv)(A), remove the word manufacturer and add in its place manufacturer(s) of the firearm or privately made firearm (if privately made in the United States); b. The Regulatory Impact Analysis is available on www.regulations.gov in the same docket as this rule. Gen. Laws ch. 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). The frame or receiver of any such weapon; C. Any firearm muffler or firearm silencer; or D. Any destructive device. 18, 2020), https://www.mcall.com/news/pennsylvania/mc-nws-pa-philadelphia-ghost-guns-20200318-jzyt4thyvvgntproexbleyleay-story.html;; Ghost Guns Are Everywhere in California, The Trace (May 17, 2019), https://www.thetrace.org/2019/05/ghost-gun-california-crime/;;; The Rise of Untraceable Ghost Guns, Wall Street Journal (Jan. 4, 2018), https://www.wsj.com/articles/the-rise-of-untraceable-ghost-guns-1515061800;; How D.C. Is Addressing An Ongoing Spike In Gun Violence, NPR Washington (Mar. at 7805(a). ATF does not believe the production of 3D printed frames or receivers is substantial at this time when compared with commercially produced firearms. Otherwise, we will not have tracing capability. Ann. The 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. This proposed rule is not a major rule as defined by section 251 of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. FFLs would have the option to mark their existing PMFs themselves. Defining what a receiver or frame is, however, was left up to regulating agencies - in this case, the ATF. See, e.g., United States v. Evans, 928 F.2d 858 (9th Cir. This fourth supplement would exclude from the definition of frame or receiver any frame or receiver that is destroyed. Federal Register. 48. This rule would also make minor clarifying edits to the format of the Firearms Acquisition and Disposition Record in 478.125(e). Laws section 750.230; Minnesota Stat. The Director may issue a determination to a person whether an item is a firearm as defined in this part Start Printed Page 27753upon receipt of a written request or form prescribed by the Director. The revised definition substitutes the words `frame or receiver' for the words `any part or parts.' 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. The proposed changes to 478.125 would also include a minor amendment to paragraph (f) to make it clear that 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 must 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. See United States v. Rowold, 429 F. Supp. 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. 921(a)(3); 27 CFR 478.11 (emphasis added). Based on the information from this analysis: Under the RFA, we are required to consider what, if any, impact this rule would have on small entities. Document page views are updated periodically throughout the day and are cumulative counts for this document. 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. Code section 9.41.140; W. Va. Code section 18.2-311.1; Wis. Stat. This proposed rule would update the existing definition of frame or receiver to account for the majority of technological advances in the industry and ensure that these firearms continue to remain under the regulatory regime as intended by the enactment of the GCA, including accounting for manufacturing of firearms using multiple manufacturers. 921(a)(24); 26 U.S.C. 3d 469 (N.D. Ohio 2019), Testimony of ATF Firearms Enforcement Officer Daniel Hoffman at Doc. The ATF will use a six-factor system to determine whether a modified firearm meets the clarified definition of a rifle, and would hence be subject to additional regulations. Indeed, several States and municipalities have banned or severely restricted unserialized or 3D printed firearms. include documents scheduled for later issues, at the request The amended definition of "rifle" shall include a weapon that is equipped with an accessory, component, or other rearward attachment (e.g., "stabilizing brace) that provides surface area that allows the weapon to be fired from the shoulder or indicates that the weapon is designed, made, and intended to be fired from the shoulder. Stat. 3:27 pm. While the GCA and implementing regulations define a firearm to include the frame or receiver, neither delineates when a frame or receiver is created. Code section 28-7-5-19(a)(4); Ky. Rev. 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. With regard to silencer repairs, in order to avoid any appearance that an unlawful transfer has taken place, ATF recommends that an Application for Tax Exempt Transfer and Registration of Firearm, ATF Form 5, be submitted for approval prior to conveying the firearm for repair or identifying the firearm. 15229 (June 24, 1986) (Statement of Rep. Hughes) (In order for the law enforcement Firearm Tracing Program to operate, some minimal level of recordkeeping is required [for sales from dealers' personal collections]. 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. (3) Meaning of marking terms. These changes are consistent with ATF enforcement policy. 2d 262, 272-73 (S.D.N.Y. What is the ATF definition of a firearm? 1997) (no firing pin); United States v. Reed, 114 F.3d 1053 (10th Cir. 3. on NARA's archives.gov. The definition of frame or receiver in 479.11 differs slightly from the definition in 478.11 in that it omits an Oxford comma between bolt or breechblock and firing mechanism.. Stat. For PMFs received prior to the effective date of a final rule that are to be identified by the licensee in accordance with 478.92, or by another licensee at the licensee's request, the licensee would be required to first record the firearm as an acquisition in the licensee's AD Records upon receipt from the private owner (whether or not the licensee keeps the PMF overnight). 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 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. Army Picks Sig Sauer's P320 Handgun to Replace M9 Service Pistol, 5822; 26 U.S.C. 235, 256 (E.D. Military.com (Jan. 19, 2017), https://www.military.com/daily-news/2017/01/19/army-picks-sig-sauer-replace-m9-service-pistol.html;; Every U.S. military branch is about to get its hands on the Army's new sidearm of choice, This would not affect future production because this work would be part of their normal operations in creating new firearms. This proposed rule does not duplicate or conflict with other Federal rules. 68. For detailed instructions on submitting comments and additional information on the rulemaking process, see the Public Participation heading of the SUPPLEMENTARY INFORMATION section of this document. It would make clear that even though a firearm, including a silencer, may have more than one part that falls within the definition of frame or receiver, ATF may classify a specific part or parts to be the frame or receiver of a particular weapon. 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. (implementing GCA, Title II). Learn more here. ATF's new rule does not change the definition of a Firearm Frame or Receiver to include 3D printed firearms. legal research should verify their results against an official edition of section 445-134.11(c)(10); 205 Ill. Comp. 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, importer, or serial number, if appropriate, is recorded when completing the NFA forms. Ann. section 40:1788; Me. The term shall include any such identification on a privately made firearm, or an ATF issued serial number. Because privately made firearms are manufactured by someone other than a licensed manufacturer, the serial number that incorporates the abbreviated Federal firearms license (FFL) number placed by a licensee on a PMF under this rule is the importer's or manufacturer's serial number. This definition would help ensure that the serial numbers and other markings necessary to ensure tracing, including those placed by a licensee on a privately made firearm or marked with an ATF-issued serial number,[61] a. section 527.050; La. These tools are designed to help you understand the official document Although the new definition would more broadly define the term frame or receiver than the current definition, it is not intended to alter any prior determinations by ATF of what it considers the frame or receiver of a particular split/modular weapon. See 27 CFR parts 478, 479. 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. 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). [34] The Federal Firearms Act of 1938 (repealed), the predecessor to the GCA, made it unlawful for a person to receive a firearm that had the manufacturer's serial number removed, obliterated or altered. See Ala. Code section 13A-11-64; Alaska Stat. The NFA further defines the term make, and the various derivatives of that word, to include manufacturing (other than by one qualified to engage in the business under this chapter), putting together, altering, any combination of these, or otherwise producing a firearm. 26 U.S.C. 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