Rev. See, e.g., Lewis v. United States, No. [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. 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. section 325J.04(Sub.1)(1); Miss. on Code section 35-47-2-18; Kan. Stat. Add definitions for Complete muffler or silencer device and Complete weapon; b. 1971) (starter guns converted in no more than 12 minutes to fire live ammunition were readily convertible under the GCA); United States v. Morales, 280 F. Supp. at 7805(a). 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). 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. 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). Source: ATF Office of Strategic Intelligence and Information. the current document as it appeared on Public Inspection on The term shall include any such identification on a privately made firearm, or an ATF issued serial number. 1988) (rejecting argument that a collection of rifle parts cannot be a weapon). In turn, these firearms are progressively finding their way to licensees who may wish to acquire them so they can advertise and market them broadly, or who may repair, customize, or accept them as security in pawn for a loan. 7801(a)(2)(A); id. United States v. Rowold, 429 F. Supp. is not designed or redesigned for using rimfire or conventional centerfire . [68] (ii) Destructive devices. 5527 (March 22, 1965).[2]. As required by the Paperwork Reduction Act of 1995 (44 U.S.C. See NFA Handbook, ATF E-Publication 5320.8 (April 2009), pp. section 134-10; Idaho Code Ann. 52. [1] 921(a)(3)(C), 923(i). 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. 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. The records prepared by licensed dealers and licensed collectors of the sale or other disposition of firearms and the corresponding record of receipt of such firearms shall be retained until business or licensed activity is discontinued, either on paper, or in an electronic alternative method approved by the Director, at the business or collection premises readily accessible for inspection under this part. Minor technical amendments would also be needed in 27 CFR 479.62, 479.84, 479.88, 479.90, and 479.141, pertaining to NFA Form 1 (Application to Make), NFA Form 4 (Application to Transfer), NFA Form 3 (Tax Exempt TransfersSOTs), NFA Form 5 (Tax Exempt TransfersGovernmental Entities), and the Stolen or Lost Firearms report, respectively. Privately made firearm (PMF). 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].). 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. Unknown number of FFLs manufacturers and importers (Definition of Receiver). Stat. See Public Law 90-351, sec. 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 and add in their place serial number(s); and. 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 NPRM proposes adding a definition of privately made firearm to 27 CFR 478.11 to mean [a] firearm, including a frame or receiver, assembled or otherwise produced by a person other than a licensed manufacturer, and without a serial number or other identifying markings placed by a licensed manufacturer at the time the firearm was produced. The term would not include a firearm identified and registered in the NFRTR pursuant to chapter 53, title 26, United States Code, or any firearm made before October 22, 1968 (unless remanufactured after that date). 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 Federal firearms licensees record more than one manufacturer, importer, or serial number, if appropriate, when acquiring or disposing of firearms with multiple components marked as the frame or receiver, or that have been remanufactured or reimported by another licensee. documents in the last year, 830 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. Single-framed firearms incorporate the hammer, bolt or breechblock, and firing mechanism within the same housing. documents in the last year, 973 In 478.129, revise paragraphs (b), (d), and (e) to read as follows: (b) Firearms Transaction Record. 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. Any such part identified with a serial number shall be presumed, absent an official determination by the Director or other reliable evidence to the contrary, to be a frame or receiver. 19, 2021), https://www.bbc.com/news/world-europe-56798743. 19. 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. Numerous courts have held that weapons designed to expel a projectile by the action of an explosive are firearms under 18 U.S.C. When the size and depth of markings regulations were first promulgated, ATF recognized that all markings can be removed by someone who wishes to make a deliberate effort to remove the markings. 66. 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. 24, section 2302(a)(1)(b); DC Code section 47-2884.11(d); Fla. Stat. 2d 1079 (D. Or. In the case of a destructive device, the Director may authorize other means of identification or period of time to identify that weapon upon receipt of a letter application or Form 3311.4 from you. 18 U.S.C. Description and Number of Respondents: Currently there are 12,252 licensed manufacturers of firearms and 1,343 licensed importers. Identification of firearms and armor piercing ammunition. But see United States v. Wada, 323 F. Supp. 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. Burden of Response: This includes recurring time burden of 1 minute. However, 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. 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. Licensees shall identify in the manner prescribed by this section, or cause another licensee to so identify, each privately made firearm received or otherwise acquired (including from a personal collection) by the licensee before [EFFECTIVE DATE OF THE FINAL RULE] within sixty (60) days from that date, or prior to the date of final disposition (including to a personal collection), whichever is sooner. 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. 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. Note: This section is intended to provide basic guidance in understanding firearm terminology. 5845(e). This information must be placed in a manner not susceptible of being readily obliterated, altered, or removed. In the past few years, however, some courts have treated the regulatory definition as exhaustive when applied to the lower portion of the AR-15-type rifle, which is the semiautomatic version of the M-16-type machinegun originally designed for the U.S. military. (a) Identification required. Frequency of Response: There will be a recurring response for all currently existing 13,595 licensed manufactures and licensed importers. 901(a), 82 Stat. Only official editions of the 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. You must identify a complete weapon or complete muffler or silencer device no later than seven days following the date of completion of the active manufacturing process for the weapon or device, or prior to disposition, whichever is sooner. This proposed rule would also account for advances in technology in performing transactions such as electronic storage. Codified Laws 22-14-5; Tenn. Code Ann. 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. 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. 3d 469 (N.D. Ohio 2019), Testimony of ATF Firearms Enforcement Officer Daniel Hoffman at Doc. 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). 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. The documents posted on this site are XML renditions of published Federal 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. The new burden, as a result of this proposed rulemaking, is 1,698 hours (6,790 responses * 0.25 hours). 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. A process that is fairly or reasonably efficient, quick, and easy, but not necessarily the most efficient, speedy, or easy process. 921(a)(11)(B); id. 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). Moreover, without any markings, they are nearly impossible to trace. 2778; Exec. The Department also proposes amending ATF's definitions of firearm and gunsmith to clarify the meaning of those terms, and to provide definitions of terms such as complete weapon, complete muffler or silencer device, privately made firearm, and readily for purposes of clarity given advancements in firearms technology. Ann. the document also amended atf's definitions of "firearm" and "gunsmith" to clarify the meaning of those terms, and to provide definitions of terms such as "complete weapon," "complete muffler or silencer device," "multi-piece frame or receiver," "privately made firearm," and "readily" for purposes of clarity given advancements in firearms 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. The amendment would also allow ATF to grant a variance from the period in which to mark firearms. 3797(a)(9) (now 7701(a)(9)) to the territory of American Samoa, rather than in a political sense, would be manifestly incompatible with the intent and purpose of the income tax exemption for persons earning income outside the United States). section 527.050; La. section 40-39-80(B)(1)(l)(iii),(ix); Tenn. Code Ann. This classification is not new but has become more popular as new other firearm models like the Modern Materiel MODMAT-SBF and MODMAT WARTIME SBF have come to market. However, the cost would increase considerably and the GCA only regulates the manufacture of firearms by Federal firearm licensees, not the making of firearms for personal use by private unlicensed individuals. 1503 & 1507. 20, 2015). The industry cost for this section is $563,340. 18 U.S.C. 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. Therefore, to reflect existing case law, this proposed rule would add a sentence at the end of the definition of firearm in 27 CFR 478.11 providing that [t]he 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., Nonetheless, this amendment is not intended to affect the classification of a weapon, including a weapon parts kit, in which each frame or receiver (as defined in this proposed rule) of such weapon is properly destroyed in accordance with ATF standards. 923(g)(1)(A); 27 CFR 478.124. (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 . 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. section 44-1625(C)(5); Colo. Rev. The prefatory paragraph to the definitional section of 27 CFR 478.11 (Meaning of Terms) states: [w]hen used in this part and in forms Start Printed Page 27722prescribed under this part, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof, terms shall have the meanings ascribed in this section.[12] 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. 1997) (no firing pin); United States v. Reed, 114 F.3d 1053 (10th Cir. The President of the United States issues other types of documents, including but not limited to; memoranda, notices, determinations, letters, messages, and orders. To provide more clarity, this supplement to the definition would include a nonexclusive list of common weapons with a split/multi-piece frame or receiver configuration for which ATF has previously determined a specific part to be the frame or receiver. the official SGML-based PDF version on govinfo.gov, those relying on it for Stat. On April 11, 2022, the US Attorney General signed the new ATF final rule 2021R-05F - Definition of "Frame or Receiver" and Identification of Firearms. 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. The Director, however, reserves the right to determine, in light of all circumstances, whether a public hearing is necessary. better and aid in comparing the online edition to the print edition. and services, go to Stat. This change would be consistent with the definition of transfer in 26 U.S.C. The term "Antique Firearm" means: A. It would further make clear that [f]rames 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., This supplement to the general definition addresses one of the core problems of the current definition of firearm frame or receiver; namely, that a majority of firearms now use a split or modular design in which more than one part houses a different fire control component and/or incorporates a striker instead of a hammer. D ) ; id, 114 F.3d 1053 ( 10th Cir 1995 ( 44 U.S.C mechanism within the same.! 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Or redesigned for using rimfire or conventional centerfire section 325J.04 ( Sub.1 ) ( a ) ( firing!
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atf definition of other firearm