An additional amendment to 27 CFR 478.92 and 478.102 would clarify the meaning of the terms legible and legibly to ensure that the identification markings use exclusively Roman letters (e.g., A, a, B, b, C, c) and Arabic numerals (e.g., 1, 2, 3), or solely Arabic numerals, and may include a hyphen, and that the terms conspicuous and conspicuously are understood to mean that the identification markings are capable of being easily seen with normal handling of the firearm and unobstructed by other markings when the complete weapon is assembled. This would codify the meaning of those terms as explained in ATF Ruling 2002-6 (legible), and ATF's final rule at 66 FR 40599 (Aug. 3, 2001) (referencing U.S. Customs Service regulations on the definition of conspicuous). 1996) (pistol with broken firing pin); United States v. Yannott, 42 F.3d 999, 1005 (6th Cir. Order 13637, 78 FR 16129 (Mar. See footnote 72 infra. edition of the Federal Register. Laws section 750.230; Minnesota Stat. Table 1Summary of Affected Population, Costs, and Benefits, The proposed definition of this term would maintain current classifications and current marking requirements of firearm frames or receivers, except that the licensed manufacturer or importer must mark on new designs or configurations either: Their name (or recognized abbreviation), and city and State (or recognized abbreviation) where they maintain their place of business; or their name (or recognized abbreviation) and their abbreviated FFL number, on each part defined as a frame or receiver, along with the serial number. 3507(d)), a copy of this proposed rule will be submitted to OMB for its review of the collections of information. Stat. 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. In May 2021, ATF published a proposed rule addressing certain regulatory definitions relevant to identification requirements for firearms, among other things. 902(i). A process that is fairly or reasonably efficient, quick, and easy, but not necessarily the most efficient, speedy, or easy process. 1991) (conspiracy to cause and aid and abet the possession of unregistered machineguns where one defendant sold parts kits containing all component parts of Sten machineguns except receiver tubes, and the other sold customers blank receiver tubes along with detailed instructions on how to complete them); Internal Revenue Service Technical Advice Memorandum 8709002, 1986 WL 372494, at 4 (Nov. 13, 1986) (for purposes of imposing Firearms Excise Tax it is irrelevant whether the components of a revolver in an unassembled knockdown condition are sold separately to the same purchaser in various related transactions, rather than sold as a complete kit in a single transaction). The revised definition substitutes the words `frame or receiver' for the words `any part or parts.' 1. 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 . In 479.84(b)(8), remove manufacturer and add in its place manufacturer(s), remove the words importer (if known) and add in their place importer(s) (if known), and remove the words serial number, wherever they may be, and add in their place serial number(s). nextgov.com (Mar. 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. The new burden, as a result of this proposed rulemaking, is 1,698 hours (6,790 responses * 0.25 hours). In 479.103, at the end of the third sentence, add , except as provided in 479.102(b)(4).. 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. documents in the last year, by the Energy Department |, 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 This critical stage of manufacture is when the article becomes sufficiently complete to function as a frame or receiver, or may readily be completed, assembled, converted, or restored to accept the parts it is intended to house or hold.[53]. 22 U.S.C. 2003-1 (destruction of Browning M1919 type receivers); ATF Rul.2003-2 (FN FAL type receivers); ATF Rul. While every effort has been made to ensure that This change would be consistent with the definition of transfer in 26 U.S.C. 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.). An accurate firearm description is necessary to trace a firearm and is required to be recorded by a person licensed to engage in the business of manufacturing, importing, or dealing in firearms, or by a licensed collector of curio or relic firearms, regardless of whether it is a business or personal firearm. documents in the last year, 28 5845(a)(7); 27 CFR 478.11; id. Rev. This change is needed to ensure that acquisition records are closed out when firearms are no longer in inventory. For purposes of this definition, the term partially complete, as it modifies frame or receiver, means a forging, casting, printing, extrusion, machined body or similar article that has reached a stage in manufacture where it is clearly identifiable as an unfinished component part of a weapon. 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. 2d 1079 (D. Or. Register documents. This repetition of headings to form internal navigation links 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. In paragraph (b)(1)(iv)(G), remove serial number and add in its place serial number(s). 5. For purposes of this section, the terms legible and legibly mean that the identification markings use exclusively Roman letters (e.g., A, a, B, b, C, c) and Arabic numerals (e.g., 1, 2, 3), or solely Arabic numerals, and may include a hyphen, and the terms conspicuous and conspicuously mean that the identification markings are capable of being easily seen with normal handling of the firearm and unobstructed by other markings when the complete weapon is assembled. ATF previously approved electronic storage of certain records under the conditions set forth in ATF Rulings 2016-1 (Acquisition and Disposition Records) and 2016-2 (ATF Forms 4473). Add, in alphabetical order, definitions for Complete muffler or silencer device and Complete weapon; b. (iv) Size and depth of markings. 18 U.S.C. This language would supersede ATF Ruling 2013-3 as it applies to licensed manufacturers and importers, but the ruling would remain effective for makers of NFA firearms. Ann. [60], The proposed rule would define the term importer's or manufacturer's serial number in 27 CFR 478.11 as: [t]he identification number, licensee name, licensee city or state, or license number placed by a licensee on a firearm frame or receiver in accordance with this part. Biden's Justice Department announced a new rule yesterday stating that if a firearm with a barrel shorter than 16 inches is fitted with a brace (i.e. Accordingly, the rule has been reviewed by OMB. Army Picks Sig Sauer's P320 Handgun to Replace M9 Service Pistol, 5 U.S.C. section 571.050; Mont. section 66-391(b)(1); Ohio Rev. The authority citation for 27 CFR part 478 continues to read as follows: Authority: Further, Rule 2021R-05 does not prohibit you from building a firearm using an 80% receiver. ATF's predecessor agency, the Alcohol, Tobacco and Firearms Division within the Internal Revenue Service, derived this limitation on the application of definitions from the Internal Revenue Code (IRC), 26 U.S.C. section 44-1625(C)(5); Colo. Rev. 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. Stat. You need not respond to a collection of information unless it displays a currently valid control number from OMB. (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. The following is a nonexclusive list of such weapons and the specific part identified as the frame or receiver as they existed on [date of publication of the final rule]: (i) Colt 1911-type, Beretta/Browning/FN Herstal/Heckler Koch/Ruger/Sig Sauer/Smith Wesson/Taurus hammer fired semiautomatic pistols: The lower portion of the pistol, or grip, that provides housing for the trigger mechanism and hammer, and a structure designed to integrate the slide rails. 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. 20. The size of serial numbers required by this section is measured as the distance between the latitudinal ends of the character impression bottoms (bases). 5841(a)(1); id. For more details, please refer to Chapter 4 of the Regulatory Impact Analysis.Start Printed Page 27737. A description of the reasons why action by the agency is being considered; A succinct statement of the objectives of, and legal basis for, the proposed rule; A description of, and where feasible, an estimate of the number of small entities to which the proposed rule will apply; A description of the projected reporting, recordkeeping and other compliance requirements of the proposed rule, including an estimate of the classes of small entities which will be subject to the requirement and the type of professional skills necessary for preparation of the report or record; An identification, to the extent practicable, of all relevant Federal rules which may duplicate, overlap or conflict with the proposed rule; and. 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. More specifically, none of the internal nonstructural parts of a complete muffler or silencer device would need to be marked so long as each frame or receiver as defined in this rule is marked. During debate on the GCA and related bills introduced to address firearms trafficking, Congress recognized that regulation of all firearm parts was impractical. All comments must reference this document's docket number ATF 2021R-05, be legible, and include the commenter's complete first and last name and full mailing address. 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 any destructive device; but the term shall not include an antique firearm. [27] Penal Law sections 265.50, 265.55 (prohibiting manufacture/possession of undetectable firearms); R.I. Gen. Laws section 11-47-8(e) (prohibiting possession of a ghost gun or an undetectable firearm or any firearm produced by a 3D printing process); Va. Code. 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. 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. Counts are subject to sampling, reprocessing and revision (up or down) throughout the day. 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. (2) Privately made firearms. at 922(u) (stealing a firearm that has been shipped or transported in interstate or foreign commerce from the person or premises of an FFL); id. The term frame or receiver shall mean, in the case of a firearm muffler or firearm silencer, a part of the firearm that, when the complete device is assembled, is visible from the exterior and provides housing or a structure, such as an outer tube or modular piece, designed to hold or integrate one or more essential internal components of the device, including any of the following: Baffles, baffling material, or expansion chamber. Thus, while the alternative requested by that petition would reduce the cost by reducing the number of entities affected, it does not fully address the objectives of this proposed rule. section 29-36; Del. (2) Frames or receivers of different weapons that are combined to create a similar weapon each retain their respective classifications as frames or receivers provided they retain their original design and configuration. 921-931; 44 U.S.C. [64] Further, the proposed rule would amend ATF's regulations on marking and recordkeeping that are necessary to implement these new or amended definitions. The annualized cost of this proposed rule would be $147,048 and $135,750, also at 7 percent and 3 percent, respectively. 27 CFR 478.11. Antique firearm. See 18 U.S.C. 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. Further, under the proposed rule, weapon parts kits with partially complete frames or receivers containing the necessary parts such that they may readily be completed, assembled, converted, or restored to expel a projectile by the action of an explosive would be firearms for which each frame or receiver of the weapon, as defined under this rule, would need to be marked. Licensees would be able to refuse to accept PMFs, or arrange for private individuals to have them marked by another licensee before accepting them, provided they are properly marked in accordance with this proposed rule. Description and Number of Respondents: Currently there are 12,252 licensed manufacturers of firearms and 1,343 licensed importers. (c) Voluntary classification of firearms and armor piercing ammunition. Submitted comments may not be available to be read until the agency has approved them. the current document as it appeared on Public Inspection on Because it assists law enforcement in this manner, we find its preservation is not only a substantial but a compelling interest.). At the same time, it would give an option for manufacturers and importers to avoid marking their city and state as currently required at 478.92(a)(1)(ii)(D), (E) and 479.102(a)(1)(iv) and (v), or obtain a marking variance from this requirement, by allowing them to mark their abbreviated license number as a prefix to the serial number as an alternative because this information can be obtained by looking up the licensee's information. 26 CFR 177.50 (rescinded). (vii) Whether classifying the component as the frame or receiver is consistent with ATF's prior classifications. section 54.1-4009(A)(1); Wash. Rev. 1577, 90th Cong., 2d Sess., 14 (1968)). 58. 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. 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. 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. The record shall show the date of such sale or other disposition, and the name and license number of the licensee to whom the firearm was 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. A commenter may submit to ATF information identified as proprietary or confidential business information. 340, 343 (Ct. Cl. These can be useful 24, section 2302(a)(1)(b); DC Code section 47-2884.11(d); Fla. Stat. 55. 923(g)(7); see also JG Sales Ltd. v. Truscott, 473 F.3d 1043, 1045-46 (9th Cir. A firearm muffler or firearm silencer that contains all component parts necessary to function as designed whether or not assembled or operable. B. 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. While ATF for decades has classified the lower receiver of the AR-15 rifle as a frame or receiver, courts recently have read the regulatory definition to mean that the lower portion of the AR-15 is not a frame or receiver because it only provides housing for the hammer and firing mechanism, but not the bolt or breechblock. publication in the future. This information must be placed in a manner not susceptible of being readily obliterated, altered, or removed. Nonetheless, as explained in Section II.B.3 of the preamble, an internal frame or chassis at least partially exposed to the exterior to allow identification may be determined by ATF to be the frame or receiver of a split or modular frame or receiver.