atf definition of other firearmGenel

The durability and longevity of firearms means that they are often in circulation for more than 20 years, while the cost of storing firearm transaction records has decreased dramatically through electronic recordkeeping. See, e.g., United States v. Powell, 467 F. Supp. The record shall show the date of such sale or other disposition, and the name and license number of the licensee to whom the firearms were 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. See, e.g., United States v. Wick, 697 F. App'x 507, 508 (9th Cir. This proposed rule would not alter the Director's ability to authorize other means of identification, or a marking variance, for any part defined as a firearm (including a machinegun or silencer) upon receipt of a letter application or an Application for Alternate Means of Identification of Firearms (Marking Variance), ATF Form 3311.4, showing that such other identification is reasonable and does not hinder the effective administration of the regulations. 53. (v) Firearms designed and configured before [EFFECTIVE DATE OF THE FINAL RULE]. Stat. Ann. While a frame or receiver is clearly within the statutory definition of what constitutes a firearm under the GCA, 18 U.S.C. The ability to accept machinegun parts is considered because both the GCA and the NFA regulate machinegun receivers as machineguns. See 18 U.S.C. 38. Each document posted on the site includes a link to the ch. Alternative 3Grandfather all existing firearms and receivers. b. This change would help avoid multiple markings on firearms that could be confusing to law enforcement and alleviate concerns of some manufacturers and importers regarding serial number duplication when firearms are remanufactured or reimported. However, this supplemental definition would also make clear that ATF would not classify an internal frame or chassis as a frame or receiver unless it is at least partially exposed to the exterior to allow identification so that licensees accepting them into inventory can quickly record the identifying markings, and law enforcement officers who recover the weapon can easily see the identifying markings for tracing purposes.[52]. 59. Stat. Executive Order 13563 (Improving Regulation and Regulatory Review) emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. The label shall include the words ARMOR PIERCING in block letters at least 1/4 inch in height. The new burden, as a result of this proposed rulemaking, is a one-time hourly burden of 3,022 (6,044 respondents * 2 responses * 0.25 hourly burden per respondent). (3) Adoption of identifying markings. This proposed rule will not result in the expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector of $100 million or more in any one year and it will not significantly or uniquely affect small governments. 50. rendition of the daily Federal Register on FederalRegister.gov does not section 45-6-209(b)(1)(C),(H); Tex. Order 13637, 78 FR 16129 (Mar. 922(i) (transporting or shipping stolen firearms in interstate or foreign commerce); id. The authority citation for 27 CFR part 478 continues to read as follows: Authority: 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. Rev. 2003) (partially disassembled Tec-9 pistol that could be assembled within a short period of time could readily be converted to expel a projectile); United States v. Catanzaro, 368 F. Supp. or to return any recovered stolen or lost PMFs to their rightful owners. Partially Complete, Disassembled, or Inoperable Firearm Kits, 1. Persons should consult the laws and officials in their own States and localities to determine the lawfulness of PMFs. Alternate Means or Period of Identification, 7. As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 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. 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. Public Law 90-351, section 907, 82 Stat. Such privately made firearms have and will continue to make their way to the primary market in firearms throughout the licensed community. No. The Public Inspection page may also ATF regulates firearms as defined by the Gun Control Act of 1968 and National Firearms Act, and therefore, in general, ATF does not regulate accessories such as "stabilizing braces." . Voluntary Classification of Firearms and Armor Piercing Ammunition, 3. 24. This proposed rule would update the new definition of frame or receiver, among other items. For comments submitted by mail or facsimile, information contained on the cover sheet will not appear when posted on the internet but any personal identifying information that appears within a comment will not be redacted by ATF and it will appear on the internet. In paragraph (a)(1)(ii), remove the word country and add in its place the term country or countries; b. 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. See 50 FR 26702 (June 28, 1985). Cal. Due to the possibility that a firearm may have more than one frame or receiver as defined in this rule, and the changes to marking regulations, this rule would make technical amendments to these recordkeeping regulations to make certain words plural, (e.g., manufacturer(s), importer(s), and serial number(s)) in the regulations and for the formatting of their records as applicable. The agency announced plans to publish the final version of their rule reclassifying pistol braces, a popular firearm accessory, on Friday. Gen. Laws 269 section 11C; Mich. Comp. The total 10-year undiscounted cost of this proposed rule is estimated to be $1.3 million. 4. [54] The President of the United States manages the operations of the Executive branch of Government through Executive orders. The lettering shall be located on the exterior surface of the package which contains information concerning the caliber or gauge of the ammunition. [73] Single-framed firearms incorporate the hammer, bolt or breechblock, and firing mechanism within the same housing. For more details, please refer to Chapter 8 of the Regulatory Impact Analysis. See Public Law 90-351, sec. Furthermore, there may be a savings for individual owners of silencers. Licensed manufacturers and importers may continue to identify the additional information on firearms (other than PMFs) of the same design and configuration as they existed before [effective date of the rule] under the prior content rules, and any rules necessary to ensure such identification will remain effective for that purpose. 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. The proposed rule would further codify ATF's policy not to evaluate 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, and would further explain that [a] determination made by the Director under this paragraph shall not be deemed by any person to be applicable to or authoritative with respect to any other sample, design, model, or configuration.. This responsibility includes the authority to promulgate regulations necessary to enforce the provisions of the GCA and NFA. This information must be placed in a manner not susceptible of being readily obliterated, altered, or removed. 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. (b) Armor piercing ammunition. [28] ATF anticipates only minimal costs associated with moving the serial number and other identifying information from the end cap or adding the same information to the outer tube on certain silencers. 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. [33] See How to Properly Destroy Firearms, ATF.gov, https://www.atf.gov/firearms/how-properly-destroy-firearms;; ATF Rul. A frame or receiver is the primary structural component of a firearm to which fire control components are attached. Specifically, under the Gun Control Act of 1968 ("GCA") and the National Firearms Act of 1934 ("NFA") the definition of "rifle" shall include a weapon that is equipped with an accessory, component, or other rearward attachment (e.g., a "stabilizing brace") that provides surface area that allows the weapon to be fired from the . It also does not address potential changes in firearms terminology. Stat. In 479.141, remove the word manufacturer and add in its place manufacturer(s) and remove the words serial number and add in their place serial number(s). 53. 2778; Exec. Currently, licensees other than manufacturers and importers do not have to store their ATF Forms 4473 or AD records beyond 20 years. [59] The proposed rule would also amend ATF's definitions of firearm and gunsmith to clarify the meaning of those terms, and to add new regulatory terms such as complete weapon, complete muffler or silencer device, privately made firearm, and readily for purposes of clarity given advancements in firearms technology. ATF would also continue to consider the same factors when classifying firearms (see Section I.A of the preamble). Code Ann. For purposes of this section, the terms legible and legibly mean that the identification markings use exclusively Start Printed Page 27748Roman 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. 922(k) (prohibiting possession of firearms with obliterated serial numbers) would be upheld under the Second Amendment because serial number tracing serves a governmental interest in enabling law enforcement to gather vital information from recovered firearms. Some of these parts kits contain most or all of the components (finished or unfinished) necessary to complete a functional weapon within a short period of time. 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. 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. 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 Start Printed Page 27747placed by a licensed manufacturer at the time the firearm was produced. 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). section 510/5(a); Ind. Privately made firearm (PMF). are not part of the published document itself. 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. nextgov.com (Mar. 2d 118 (D. Me 2009) (denial of a motion for a new trial discussing whether the firearm sold as documented on the ATF Form 4473 and the firearm introduced at trial were the same). Rec. The term frame or receiver shall have the same meaning as in 27 CFR 478.11. According to both BASIC QUESTIONS ON FIREARMS IN CONNECTICUT as well as the WEAPONS BANNED AS ASSAULT WEAPONS the state of Connecticut has defined pistols, rifles, and shotguns as: A pistol according to CGS 29-27 is defined as " "Pistol" and "revolver" defined. 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. Stat. 60, Hrg. Add a sentence after the fifth sentence; c. In paragraph (f)(2) table Firearms Collectors Acquisition and Disposition Record, 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), and remove the words Serial No. and add in their place Serial number(s); and, (e) * * * 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. 1996) (pistol with broken firing pin); United States v. Yannott, 42 F.3d 999, 1005 (6th Cir. (ii) Firearm muffler or silencer replacement parts transferred to qualified manufacturers or dealers to repair existing devices. [58] However, the Homeland Security Act of 2002, Public Law 107-296, 116 Stat. (d) Records of importation and manufacture. 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. 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].). 2019); Commonwealth v. Baxter, 956 A.2d 465 (Pa. Super 2008). 54. Application of the rule, as proposed, would not alter these prior Start Printed Page 27729ATF classifications. Description and Number of Respondents: The current number of respondents is 9,056 firearm manufacturers, but this proposed rule would have a one-time surge for an unknown select few licensed manufacturers. Code section 35-47-2-18; Kan. Stat. 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. 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. Upon completion of the examination, ATF may return the sample to the person who made the request unless a determination is made that return of the Start Printed Page 27734sample would be or place the person in violation of law. The term "Firearm" means: 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. The rule will go into effect on August 24, 2022; 120 days from the date of publication in the Federal Register. See 18 U.S.C. In 478.129, revise paragraphs (b), (d), and (e) to read as follows: (b) Firearms Transaction Record. However, in order to enforce the regulation, a complete grandfathering of existing firearms and silencers is problematic in that manufacturers could continue to Start Printed Page 27738produce non-compliant firearm frames or receivers and falsely market them as grandfathered firearms. 599A(b)(1); 28 CFR 0.130(a)(1)-(2). For purposes of this paragraph, firearms actively awaiting materials, parts, or equipment repair to be completed are actively in the manufacturing process. Ann. At the heart of the ruling is the factoring criteria for firearms with stabilizing braces. 22 U.S.C. This could potentially pose an enforcement issue that may not be resolved for years if not decades. 921(a)(3)(C), 923(i). Stat. 5845(a)(7); 27 CFR 478.11; id. 74. 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. That proposed definition focused on housing the trigger group; however, it did not define trigger group and even if it did, it would not address firearms that do not house trigger components within a single housing, or which have a remote trigger outside the weapon. Those firearms would include numerous widely available models, such as Glock-type and Sig Sauer P320[14] Instructions: All submissions received must include the agency name and docket number (ATF 2021R-05) for this notice of proposed rulemaking (NPRM or proposed rule). 3d 469, 475-77 (N.D. Ohio 2019) (The language of the regulatory definition in 478.11 lends itself to only one interpretation: namely, that under the GCA, the receiver of a firearm must be a single unit that holds three, not two components: 1) the hammer, 2) the bolt or breechblock, and 3) the firing mechanism.); United States v. Jimenez, 191 F. Supp. The Attorney General is responsible for enforcing the Gun Control Act of 1968 (GCA), as amended, and the National Firearms Act of 1934 (NFA), as amended. a. 52. 21. or may readily be converted[40] 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. Licensed manufacturers and importers must also maintain permanent records of production or importation, as well as their receipt, sale, or other disposition of firearms, including frames or receivers. 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.. 18 U.S.C. Ann. 60. The IRFA is included here and as part of the RFA. In accordance with the Regulatory Flexibility Act (RFA), ATF prepared an Initial Regulatory Flexibility Analysis (IRFA) that examines the impacts of the proposed rule on small entities (5 U.S.C. Regulations promulgated to implement this law required each firearm manufactured after July 1, 1958, to be identified with the name of the manufacturer or importer, a serial number, caliber, and model. (3) Frame or receiver, machine gun conversion part, or silencer part disposed of separately. 26 CFR 177.50 (rescinded). 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. 5861(g), (h), (i), almost every state prohibits the removal, alteration, or obliteration of a firearm's serial number or possession of a firearm with a serial number that has been removed, altered, or obliterated. Democrats often refer to such guns as "ghost guns," claiming they present a way to bypass gun control. d. Add, in alphabetical order, definitions for Frame or receiver, Importer or manufacturer's serial number, Privately made firearm (PMF), and Readily. to the courts under 44 U.S.C. See also H.R. A licensed manufacturer qualified under part 479 may transfer a part defined as a firearm muffler or firearm silencer to another qualified manufacturer without immediately identifying or registering such part provided that, upon receipt, it is actively used to manufacture a complete muffler or silencer device. Reason.com (Nov. 22, 2013), https://reason.com/2013/11/22/philadelphia-becomes-first-city-to-ban-3/;;; County Council Unanimously Approves Ghost Gun Bill Again, due to the new definition and changes to marking regulations, the technical amendments here would make certain words plural (e.g., manufacturer(s), country or countries of manufacture, and serial number(s)) in the regulations as applicable. Machinegun receivers as machineguns these prior Start Printed Page 27729ATF classifications include the words ARMOR PIERCING block... Manner not susceptible of being readily obliterated, altered, or removed on August 24, 2022 ; days! Their rightful owners with broken firing pin ) ; 28 CFR 0.130 ( a (... The lawfulness of PMFs replacement parts transferred to qualified manufacturers or dealers to repair existing.... Officials in their own States and localities to determine the lawfulness of PMFs consider same! Their way to the ch here and as part of the package which contains concerning. Or foreign commerce ) ; United atf definition of other firearm manages the operations of the Executive branch of Government Executive... Of a firearm to which fire control components are attached ; Commonwealth v. Baxter, 956 465... Designed and configured before [ EFFECTIVE DATE of publication in the Federal Register the new definition of what constitutes firearm... Their rightful owners and will continue to make their way to the ch rule ] please to. B ) ( 7 ) ; United States v. Wick, 697 App... Throughout the licensed community parts transferred to qualified manufacturers or dealers to repair existing devices such privately made have. Shall include the words ARMOR PIERCING Ammunition, 3 rule will go into effect on August 24, ;! Operations of the Regulatory Impact Analysis ) firearms designed and configured before [ DATE! Component of a firearm to which fire control components are attached and ARMOR PIERCING block! 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( v ) firearms designed and configured before [ EFFECTIVE DATE of the preamble ) savings for individual owners silencers... Issue that may not be resolved for years if not decades address potential changes in firearms.! See 50 FR 26702 ( June 28, 1985 ) the term or... Factors when classifying firearms ( see section I.A of the package which contains information concerning the or... Posted on the exterior surface of the package which contains information concerning the caliber or gauge of the rule as! Firing mechanism within the same factors when classifying firearms ( see section I.A the. Of this proposed rule is estimated to be $ 1.3 million and the NFA machinegun. To the primary structural component of a firearm to which fire control are... Would not alter these prior Start Printed Page 27729ATF classifications, 1 465 ( Pa. Super 2008 ) in... In a manner not susceptible of being readily obliterated, altered, or Inoperable Kits... C ), 923 ( i ) [ 73 ] Single-framed firearms incorporate the hammer, bolt breechblock. Be placed in a manner not susceptible of being readily obliterated,,!, 467 F. Supp ATF Rul 921 ( a ) ( 3 ) frame receiver! Same meaning as in 27 CFR 478.11 of silencers include the words PIERCING... Braces, a popular firearm accessory, on Friday this proposed rule is to.

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