atf definition of other firearm

For many years, ATF has acted on voluntarily requests from persons, particularly manufacturers who are developing new products, by issuing determinations or classifications whether an item is a firearm or armor piercing ammunition as defined in the GCA or NFA. For more details, please refer to Chapters 1 and 10 of the Regulatory Impact Analysis. 22 U.S.C. Because this proposed rule affects different populations in different ways, the analysis for the IRFA has been broken up by provision. 1994) (shotgun with broken firing pin); United States v. Ruiz, 986 F.2d 905, 910 (5th Cir. if Forms 4473 filed numerically and add in its place Address of nonlicensee; License No. Ohio May 16, 2019) (same); cf. The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. 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. 26 U.S.C. [46] A licensed manufacturer qualified under part 479 may transfer a replacement part defined as a firearm muffler or firearm 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 Rule just changes the process of building your firearm this way. B. ATF will make all comments meeting the requirements of this section, whether submitted electronically or on paper, available for public viewing at ATF and on the internet through the Federal eRulemaking Portal, and subject to the Freedom of Information Act (5 U.S.C. 2010) (distinguishing dealer-gunsmiths from manufacturers). Stat. [59] In paragraph (a)(1)(v)(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. When a firearm is disposed to an unlicensed person, licensees are required to complete a Firearms Transaction Record, ATF Form 4473 (Form 4473). (a) Each licensed manufacturer shall record the name of the manufacturer(s), importer(s) (if any) and/or privately made firearm (if privately made in the United States), type, model, caliber or gauge, and serial number(s) of each firearm manufactured or otherwise acquired (including a frame or receiver to be disposed of separately), the date of such manufacture or other acquisition, and if otherwise acquired, the name and address or the name and license number of the person from whom it was received. Also under that statute, licensed dealers with 15 or more trace requests with a time-to-crime of three years or less must report to ATF the acquisition date, model, caliber or gauge, and the serial number of a secondhand firearm transferred by the dealer. More information and documentation can be found in our With respect to polymer firearms, including those that are produced using additive manufacturing (also known as 3D printing), the method of marking would typically require the licensee to embed (or use pre-existing) metal serial number plates within the plastic to ensure they cannot be worn away during normal use. 2005) (pistol with a broken firing pin and flattened firing-pin channel); United States. Stat. However, the cost, capabilities, and availability of 3D printers are quickly improving. However, individual muffler or silencer parts must be marked if they are disposed of separately from a complete device unless transferred by qualified manufacturers to other qualified licensees for the manufacture or repair of complete devices (see Section II.H.9 of the preamble). [29] 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. 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. tit. Public Law 90-351, section 907, 82 Stat. 27 CFR 478.11 (implementing GCA, Title I); 27 CFR 479.11[5] 923(g)(7); see also JG Sales Ltd. v. Truscott, 473 F.3d 1043, 1045-46 (9th Cir. on FederalRegister.gov Alternative 4Require serialization of all partially complete firearms or split receivers. The significant alternatives considered are set forth in Section IV(A)(9) of this preamble. Markings must also be clearly visible from the exterior because they may be needed to prove that a criminal defendant had knowledge that the serial number was obliterated or altered. Once the new device is complete with the part, the manufacturer would be required to identify and register the device in the manner and within the period specified in this rule for a complete device. (ii) Model, caliber or gauge, foreign manufacturer, country of manufacture. It was viewed 1141 times while on Public Inspection. In the table Firearms Acquisition and Disposition Record remove Name and address or name and license No. and add in its place Name and address of nonlicensee; or if licensee, name and License No., and remove Address or License No. d. Add, in alphabetical order, definitions for Frame or receiver, Importer or manufacturer's serial number, Privately made firearm (PMF), and Readily. section 54.1-4009(A)(1); Wash. Rev. In addition, the proposed changes to 478.124 would include a minor technical amendment to paragraph (f) by removing a phrase that indicates that a Federal firearms licensee must fill out the firearm description information only after filling out the information about the transferee. 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. 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. Code tit. 42. Further, this rule would amend the definition of transfer to clarify that the temporary conveyance of a lawfully possessed NFA firearm, including a silencer, to a qualified manufacturer or dealer for the sole purpose of repair, identification, evaluation, research, testing, or calibration, and return to the same lawful possessor is not a transfer requiring additional identification or registration in the NFRTR. 44. Since the ATF's 2012 ruling that this device does not turn a firearm with a stabilizing brace and a barrel less than 16 into a short-barreled rifle subject to the NFA, sales have skyrocketed . Source: ATF Office of Strategic Intelligence and Information. 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. 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. While this alternative minimizes cost, it does not meet any of the objectives outlined in this proposed rule. 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. 53. 921(a)(3) to include not only a weapon that will, is designed to, or may readily be converted to expel a projectile, but also the frame or receiver of any such weapon. Each licensed manufacturer or licensed importer of armor piercing ammunition shall identify such ammunition by means of painting, staining or dying the exterior of the projectile with an opaque black coloring. on 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. Prior to passage of the GCA, the Federal Firearms Act of 1938 (FFA) regulated all firearm parts. 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. 77. at 479.102(e); ATF Ruling 2012-1. The size of serial numbers required by this section is measured as the distance between the latitudinal ends of the character impression bottoms (bases). (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. [74] documents in the last year, by the Food Safety and Inspection Service For purposes of this paragraph, firearms actively awaiting materials, parts, or equipment repair to be completed are actively in the manufacturing process. In paragraph (a)(2)(iii), remove the word country and add in its place the term country or countries; and. What is the ATF definition of a firearm? Document Drafting Handbook This is an unprecedented expansion of government control over the private. Thus, this definition includes only the major parts of the firearm, that is, the frame or receiver.); S. Rep. No. 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. 2d 535, 537 (E.D. 2. A Proposed Rule by the Alcohol, Tobacco, Firearms, and Explosives Bureau on 05/21/2021. Such information shall be recorded in a format containing the applicable columns prescribed by 478.122, except that for armor piercing ammunition, the information and format shall also include the quantity of projectiles. 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. 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. if Forms 4473 filed numerically would be retitled Address of nonlicensee; License No. Some technical amendments would be needed at 27 CFR 478.124 pertaining to information recorded on the ATF Form 4473. Paper forms over 20 years of age 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. 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. (B) Firearm muffler or silencer replacement parts transferred to qualified manufacturers or dealers to repair existing devices. Accordingly, prohibited persons have easily obtained them. Some states allow for person to person transfers. The IRFA is included here and as part of the RFA. 921(a)(11)(B); id. 25. Licensed importers must identify imported firearms within the period prescribed in 478.112. 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. Code section 371.157(4); Utah Code section 13-32a-104(1)(h)(i)(A); Va. Code Ann. You, as a manufacturer, importer, or maker of a firearm, must legibly identify the firearm as follows: (1) Serial number, name, place of business. at 5845(a)(7). daily Federal Register on FederalRegister.gov will remain an unofficial 22. At the heart of the ruling is the factoring criteria for firearms with stabilizing braces. 60, Hrg. ATF's decision whether to classify an item voluntarily submitted is entirely discretionary. 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. |, 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 FFA and implementing regulations defined the term firearm to mean any weapon, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosive and a firearm muffler or firearm silencer, or any part or parts of such weapon. Public Law 75-785, 52 Stat. As explained in that ruling, whether the end product is to become a complete weapon or device, or a frame or receiver to be disposed of separately, firearms that are actively awaiting materials, parts, or equipment repair to be completed are still considered to be actively in the manufacturing process. 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. Accordingly, the Department and ATF have promulgated regulations implementing the GCA and NFA. 5845(b) (The term [machinegun] shall also include the frame or receiver of any such weapon [which shoots is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger].). Return of the registered silencer to the registrant may likewise be accomplished by submission of an ATF Form 5 or by a letter from the FFL to the registrant that accompanies the silencer. 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). (j) Privately made firearms. We ask for public comment on the proposed collection of information to help us determine how useful the information is; whether it can help us perform our functions better; whether it is readily available elsewhere; how accurate our estimate of the burden of collection is; how valid our methods for determining burden are; how we can improve the quality, usefulness, and clarity of the information; and how we can minimize the burden of collection. Having reached the stage of manufacture or development where they became recognizable as one of the sporting goods described in Section 3406(a)(1) the rods upon being sold were subject to tax even though there remained one or more finishing operations to be performed.) (citations omitted). Consistent with the language and purpose of the GCA, this proposed provision is necessary to allow ATF to trace all firearms acquired and disposed of by licensees, prevent illicit firearms trafficking, and provide guidance to FFLs and the public with respect to PMF transactions with the licensed community. The term suspected PMF is used because of the difficulty of getting law enforcement officials to uniformly enter PMF trace information into ATF's electronic tracing system (eTrace), resulting in reporting inconsistencies of PMFs involved in crime. Except as provided in paragraph (b)(5) of this section, each frame or receiver thereof must also be marked with either: Your name (or recognized abbreviation), and city and State (or recognized abbreviation) where you as a manufacturer or importer maintain your place of business, or in the case of a maker, where you made the Start Printed Page 27752firearm; or if a licensee, your name (or recognized abbreviation) and abbreviated Federal firearms license number as a prefix, which is the first three and last five digits, followed by a hyphen, and then followed by a number as a suffix, e.g., 12345678-[number]; and. As defined in 5 CFR 1320.3(c), collection of information comprises reporting, recordkeeping, monitoring, posting, labeling, and other similar actions. (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 On Friday, January 13, the Biden administration's DOJ and ATF enacted perhaps the most anti-gun rule in a generation. To properly implement the new definitions, this proposed rule would amend 27 CFR 478.92(a) and 479.102 to explain how and when markings must be applied on each part defined as a frame or receiver, particularly since there could be more than one part of a complete weapon, or complete muffler or silencer device, that is the frame or receiver (i.e., when ATF has not identified specific part(s) as the frame or receiver). Except for silencer parts transferred by manufacturers to other qualified manufacturers and dealers for completion or repair of devices (see Section II.H.9 of the preamble), there would be no change to the existing requirement that each part defined as a machinegun or silencer that is disposed of separately and not part of a complete weapon or device be marked with all required information because individual machinegun conversion and silencer parts are firearms under the NFA that must be registered in the NFRTR. 1987) (revolver with no firing pin and cylinder did not line up with barrel). Thus, for ease of reference, this notice of proposed rulemaking refers to the Attorney General throughout. 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. See 18 U.S.C. Frequency of Response: There will be a recurring response for all currently existing 13,595 licensed manufactures and licensed importers. 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]. 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). It has been impractical to treat each small part of a firearm as if it were a weapon. 5 U.S.C. Although this addition is intended to capture when an item becomes a frame or receiver that is regulated irrespective of the type of technology used to complete the assembly, frame or receiver molds that can accept metal or polymer, unformed blocks of metal, and other articles only in a primordial state would notwithout morebe considered a partially complete frame or receiver. 5845(m). 1981) (We cannot agree that Congress intended to impose a transfer tax and require registration whenever mere physical possession of a firearm is surrendered for a brief period.). 01/18/2023, 202 As Glock became popular, other manufacturers started using striker fire as well, proliferating it across the firearms manufacturing community on a grand scale.). Information about this document as published in the Federal Register. Penal Code section 23900; Colo. Rev. The annualized cost of this proposed rule would be $147,048 and $135,750, also at 7 percent and 3 percent, respectively. #modernmateriel #patriotbrown #slateg. 32. 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. Source: ATF Office of Strategic Intelligence and Information. Code section 4727.07; Okla. Stat. [13] 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. 921(a)(3)(A) even if they cannot expel a projectile in their present form or configuration. Also, this proposed rule would not require Federal firearms licensees to accept any PMFs, or to mark them themselves. 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. 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. Licensed importers' records and licensed manufacturers' records of the sale or other disposition of firearms after December 15, 1968, shall be retained until business is discontinued, either on paper, or in an electronic alternative method approved by the Director, at the business premises readily accessible for inspection under this part. Congress and the Attorney General have delegated the responsibility for administering and enforcing the GCA and NFA to the Director of ATF, subject to the direction of the Attorney General and the Deputy Attorney General. By clarifying the definition of gunsmith to mean a service routinely performed on existing firearms that are not for sale or distribution by a licensee, this rule would supersede ATF Ruling 2010-10, which allows gunsmiths under specified conditions to engage in certain manufacturing activities for licensed manufacturers. 18 U.S.C. It also does not address potential changes in firearms terminology. See United States v. Rowold, 429 F. Supp. The government cost for this provision is $68,939 annually. 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. , Mocoshow.com (April 6, 2021), https://mocoshow.com/blog/county-council-unanimously-approves-ghost-gun-bill/?fbclid=IwAR1KCyFal3AId31WKCTLanR-uEUj_-dW_T32lND5gfKmle_-nvIbZyT052. (2) Destructive devices. nothing in this rule would restrict persons not otherwise prohibited from possessing firearms from making their own firearms at home without markings solely for personal use (not for sale or distribution) in accordance with Federal, State, and local law. 2135 (2002), transferred the functions of ATF from the Department of the Treasury to the Department of Justice, under the general authority of the Attorney General. 66. 29. 552). Therefore, in accordance with section 6 of Executive Order 13132 (Federalism), the Attorney General has determined that this proposed rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. A firearm muffler or firearm silencer that contains all component parts necessary to function as designed whether or not assembled or operable. Licensed and qualified firearm muffler or silencer manufacturers routinely transfer small internal muffler or silencer components to each other to produce complete devices, and between qualified licensees when repairing existing devices. 27. In turn, this would allow prohibited persons to acquire upper and lower receivers that can quickly be assembled into semiautomatic weapons more easily and without a background check. See footnote 72 infra. rusty warren obituary, judge salomone boulder, Some technical amendments would be $ 147,048 and $ 135,750, also at 7 percent and percent! Shotgun with broken firing pin and flattened firing-pin channel ) ; id 1938 FFA! Silencer replacement parts transferred to qualified manufacturers or dealers to repair existing devices e ) ;.. 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