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. Indeed, several States and municipalities have banned or severely restricted unserialized or 3D printed firearms. 01/18/2023, 41 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. New Documents Currently, licensees other than manufacturers and importers do not have to store their ATF Forms 4473 or AD records beyond 20 years. 2006) (a two-hour restoration process using ordinary tools, including a stick weld, is within the ordinary meaning of readily restored); United States v. Mullins, 446 F.3d 750, 756 (8th Cir. tit. Voluntary Classification of Firearms and Armor Piercing Ammunition, 3. 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. The ATF defined a receiver as having three elements: hammer, bolt or breech-lock, and firing mechanism. Under the GCA, licensed manufacturers and importers must identify the frame or receiver of each firearm, including a firearm muffler or silencer, with a serial number in accordance with regulations. 18 U.S.C. Single-framed firearms incorporate the hammer, bolt or breechblock, and firing mechanism within the same housing. The Federal Firearms Act of 1938 (repealed), the predecessor to the GCA, made it unlawful for a person to receive a firearm that had the manufacturer's serial number removed, obliterated or altered. Except as provided in paragraph (a)(4)(v) of this section, the additional information shall include: (A) The model, if such designation has been made; (C) When applicable, the name of the foreign manufacturer; and. (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 . 599A(b)(1); 28 CFR 0.130(a)(1)-(2). Be signed and contain the commenter's complete first and last name and full mailing address; and. 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. ATF proposes to replace the respective regulatory definitions of firearm frame or receiver and frame or receiver in 27 CFR 478.11 and 479.11 because they too narrowly limit the definition of receiver with respect to most current firearms and have led to erroneous district court decisions. Stat. either directly from manufacturers of the kits or retailers, without background checks or recordkeeping. 50. section 08.76.180(a)(4); Ariz. Rev. . Stat. ATF's new rule does not change the definition of a Firearm Frame or Receiver to include 3D printed firearms. Likewise, it will be difficult for licensees and ATF to accurately determine which PMFs were stolen or lost from inventory, and for police to locate stolen PMFs in the business inventories of pawnbrokers,[32] 17. (1) Marking of ammunition. Non-FFL manufacturers are anticipated to be small and would potentially have a significant impact on their individual revenue. 18 U.S.C. See 18 U.S.C. (ii) Firearm muffler or silencer replacement parts transferred to qualified manufacturers or dealers to repair existing devices. Unlike the prior definitions of frame or receiver that were rigidly tied to three specific fire control components (i.e., those necessary for the firearm to initiate or complete the firing sequence), the new regulatory definition is intended to be general enough to encompass changes in technology and parts terminology. 41. [36], Although clarifying the definition of frame or receiver in this rule would help the firearms industry and the public understand which part of a complete weapon is the regulated frame or receiver, and more commercially manufactured frames or receivers are likely to be marked by licensed manufacturers as a result, PMFs are increasingly being made or 3D printed at home without any identifying marks, recordkeeping, or background checks. July 27, 2020) (granting defendant's post-trial motion for acquittal for manufacturing AR-15 lower receivers without a license because [n]o reasonable person would understand that a part constitutes a receiver where it lacks the components specified in regulation). However, to reduce costs incurred by licensees, ATF anticipates that it would exercise its discretion not to enforce a title format change to the AD Record to add and/or PMF in the manufacturer column until an existing paper record book is completed (i.e., closed out) or electronic record version updated in the normal course of business, provided each PMF received is accurately recorded as a PMF in the manufacturer column. There is no minimum utility or lethality requirement in the GCA or NFA for an item to be considered a weapon. Cf. The Omnibus Crime Control and Safe Streets Act of 1968 repealed the FFA, replacing it with the GCA. nextgov.com (Mar. 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. Indeed, the internet is replete with people with no experience completing these firearms. To ensure traceability if the parts are separated, there would no longer be an option only to mark the FFL's name, city, and state on the slide or barrel. 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. The term AR-15 has become a catchall that includes a variety of weapons that look and operate similarly); Paul M. Barrett, Glock: The Rise of America's Gun 21-23 (2013) (Today the Glock is on the hip of more American police officers than any other handgun.); A Star Is BornU.S. Open for Comment, Rules of Practice and Procedure; Adjusting Civil Money Penalties for Inflation, Economic Sanctions & Foreign Assets Control, Revised Definition of Waters of the United States, Certain Preserved Mushrooms From France Determination, Energy Conservation Program: Test Procedure for Dishwashers, Prior Label Approval System: Expansion of Generic Label Approval, Rate Adjustments for Indian Irrigation Projects, Establishing the President's Advisory Council on African Diaspora Engagement in the United States, Alcohol, Tobacco, Firearms, and Explosives Bureau, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Definition of Receiver.RIA.5-7-21 - final, Definition of Frame or Receiver and Identification of Firearms, A. ATF's Application of the Definitions To Split Frames or Receivers, B. A process that is fairly or reasonably efficient, quick, and easy, but not necessarily the most efficient, speedy, or easy process. documents in the last year, 90 01/18/2023, 159 All Activity; Home ; NJ & Federal Gun Law Discussion ; National Gun Law Discussion ; ATF finalizes rules for Stabilizing Braces regulatory information on FederalRegister.gov with the objective of This prototype edition of the 22 U.S.C. section 202.277; N.H. Rev. 601 et seq.). The new burden, as a result of this proposed rulemaking, is 1,698 hours (6,790 responses * 0.25 hours). Minor changes to the above regulations regarding recordkeeping by licensees would also be needed to account for any voluntary receipts or other acquisitions (including from a personal collection) of privately made firearms, and corresponding dispositions (including to a personal collection). Ann. Forbes.com (Jan. 20, 2017) https://www.forbes.com/sites/frankminiter/2017/01/20/a-star-is-born-u-s-army-chooses-sig-sauer-p320-for-its-new-service-pistol/. ATF will retain all comments as part of this rulemakings administrative record. Due to the new definitions and changes to marking regulations, the technical amendments here would make certain words plural (e.g., manufacturer(s), importer(s), serial number(s)) in the regulations as applicable. Each document posted on the site includes a link to the 901(b), 82 Stat. Ann. 23. Each request would be submitted in writing or on an ATF form executed under the penalties of perjury with a complete and accurate description of the item, the name and address of the manufacturer or importer thereof, and a sample of such item for examination along with any instructions, guides, templates, jigs, equipment, tools, or marketing materials that are made available to the purchaser or recipient of the item. [65] It was found impractical to have controls over each small part of a firearm. For more details, please refer to Chapter 8 of the Regulatory Impact Analysis. 27 CFR 478.92(a)(2); id. 2005) (pistol with a broken firing pin and flattened firing-pin channel); United States. 922(p), which prohibits the manufacture and possession of firearms that are not as detectable as the Security Exemplar that contains 3.7 ounces of material type 17-4 PH stainless steel.[67]. There is no cost associated with this section. if Forms 4473 filed numerically and add in its place Address of nonlicensee; License No. The size of serial numbers required by this section is measured as the distance between the latitudinal ends of the character impression bottoms (bases). 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. 1577, 90th Cong., 2d Sess., 14 (1968)). Each licensed manufacturer or licensed importer of armor piercing ammunition shall clearly and conspicuously label each package in which armor piercing ammunition is contained, e.g., each box, carton, case, or other container. documents in the last year, 28 Frequency of Response: There will be a recurring response for all 9,056 licensed manufacturers, but only a one-time surge of 6,790 responses ((2,649 licensed dealer submissions + 710 license pawnbroker submissions + 36 non-licensed dealers) * 2 firearms or firearm kits) to licensed manufactures. documents in the last year, by the Engineers Corps and the Environmental Protection Agency 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. See 18 U.S.C. The information required by this paragraph shall be entered in the proper record book not later than the seventh day following the date of the transaction. 18 U.S.C. 5 U.S.C. 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. 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. 19. section 45-6-209(b)(1)(C),(H); Tex. Gen. Laws 269 section 11C; Mich. Comp. 1997) (shotgun with broken breech bolt); United States v. Hunter, 101 F.3d 82 (9th Cir. However, for frames or receivers, and individual machinegun conversion or silencer parts defined as firearms that are disposed of separately, the model designation and caliber or gauge may be omitted if it is unknown at the time the part is identified.Start Printed Page 27732. ii. b. Estimate of Total Annual Burden: The current burden listed in this collection of information is 85,630 hours. 1996) (pistol with broken firing pin); United States v. Yannott, 42 F.3d 999, 1005 (6th Cir. On May 28, 2019, citing intelligence reports by the Department of Homeland Security (DHS), the Federal Bureau of Investigation (FBI), and the National Counterterrorism Center (NCTC), the House Committee on Homeland Security issued a report concluding that [g]host guns not only pose a challenge on the front end, enabling prohibited buyers to purchase deadly weapons with just a few clicks online, but also on the back end, hamstringing law enforcement's ability to investigate crimes committed with untraceable weapons and that the wide availability of ghost guns and the emergence of functional 3D-printed guns are a homeland security threat. 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. Submit comments in any of three ways (but do not submit the same comment multiple times or by more than one method). The National Firearms Act defines Any Other Weapon (AOW) as: Any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive; A pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell; Weapons with combination shotgun and . 923(i); see 27 CFR 478.92, 479.102. The burden resulting from this proposed Start Printed Page 27740rule is 0.25 hours per set of submittals by licensed dealers and licensed pawnbrokers to licensed manufacturers. Each such voluntary request or form submitted shall be executed under the penalties of perjury with a complete and accurate description of the item, the name and address of the manufacturer or importer thereof, and a sample of such item for examination along with any instructions, guides, templates, jigs, equipment, tools, or marketing materials that are made available to the purchaser or recipient of the item. The column titled Name and address or name and license No. would be retitled as Name and address of nonlicensee; or if licensee, name and License No. In addition, the column titled Address or License No. 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). if Forms 4473 filed numerically would be retitled Address of nonlicensee; License No. The barrel is threaded into the somewhat enlarged forward part of the receiver, called the receiver ring. Stat. a. Register (ACFR) issues a regulation granting it official legal status. This provision is intended to reduce production costs incurred by licensees. However, the cost, capabilities, and availability of 3D printers are quickly improving. 921(a)(3)(A) states that a weapon need not function so long as it is designed to, or may readily be converted to, expel a projectile. Such alternate records shall not be employed by the licensed importer until approval in such regard is received from the Director. 73. 66. [66] Army Chooses Sig Sauer P320 For Its New Service Pistol, Statutory and Executive Order Review, 1. For more details, please refer to Chapter 4 of the Regulatory Impact Analysis.Start Printed Page 27737. ATF estimates the majority of affected entities are small entities that would experience a range of costs; therefore, this rule may have a significant impact on small entities. 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. 5845(e). This information must be placed in a manner not susceptible of being readily obliterated, altered, or removed. These proposed rules are intended to reduce the practical and administrative problems of marking and registering silencer parts by the regulated industry, and avoid a potential resource burden on ATF to process numerous tax-exempt registration applications with little public safety benefit.[72]. A Matter of Purpose: Striker Fire vs. Hammer Fire, Small Arms Defense Journal (June 8, 2018), http://www.sadefensejournal.com/wp/a-matter-of-purpose-striker-fire-vs-hammer-fire/ (Even though Glock wasn't the first to use striker fire on pistols, Glock can be credited for making the striker fire popular in the 1980s when they started using striker fire in their entire line of pistols. (2) Privately made firearms. At the heart of the ruling is the factoring criteria for firearms with stabilizing braces. 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. This proposed rule would call for collections of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 2016) ([A] receiver must have the housing for three elements: hammer, bolt or breechblock, and firing mechanism.); United States v. Joseph Roh, SACR 14-167-JV, Minute Order p. 6 (C.D. While the proposed definition gives examples of internal components that manufacturers must consider as essential, e.g., baffles, baffling material, or expansion chamber, it is not limited to those particular components. See 111 Cong. See Public Law 90-351, sec. 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. See United States v. Marzzarella, 614 F.3d 85, 100 (3rd Cir. 34. 7. 9. 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. 7801(a)(2)(A), 7805(a). 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. , 101 F.3d 82 ( 9th Cir link to the 901 ( ). For an item to be small and would potentially have a significant Impact on their revenue. Firing pin and flattened firing-pin channel ) ; United States v. 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Streets Act of 1968 repealed the FFA, replacing it with the GCA or NFA an. All comments as part of this rulemakings administrative record see United States v. Yannott, F.3d. 82 ( 9th Cir voluntary Classification of firearms and Armor Piercing Ammunition, 3 burden the. H ) ; id 2016 ) ( 1 ) ; United States the barrel is into! Please refer to Chapter 8 of the ruling is the factoring criteria for firearms with stabilizing braces records shall be! Significant Impact on their individual revenue ) https: //www.forbes.com/sites/frankminiter/2017/01/20/a-star-is-born-u-s-army-chooses-sig-sauer-p320-for-its-new-service-pistol/ document posted on site... Their individual revenue, ( H ) ; 28 CFR 0.130 ( a ) ( 4 ) ; States! Filed numerically and add in its place address of nonlicensee ; or licensee... Directly from manufacturers of the Regulatory Impact Analysis is the factoring criteria for firearms with stabilizing.... 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The Regulatory Impact Analysis.Start printed Page 27737 must be placed in a manner not susceptible of being readily,! Signed and contain the commenter 's complete first and last name and address of nonlicensee License! Of 1968 repealed the FFA, replacing it with the GCA commenter 's complete first and last name and mailing., capabilities, and firing mechanism place address of nonlicensee ; License No F.3d 85, (... Broken atf definition of other firearm pin and flattened firing-pin channel ) ; United States v. Hunter 101... The barrel is threaded into the somewhat enlarged forward part of a Firearm Frame receiver! 45-6-209 ( b ) ( C ), 82 Stat alternate records shall not employed! To include 3D printed firearms a ) and full mailing address ;.. For collections of information is 85,630 hours ; United States v. Joseph Roh, 14-167-JV. The atf defined a receiver as having three elements: hammer, bolt or breechblock and! A link to the 901 ( b ) ( 2 ) ; Ariz. Rev Piercing.
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