Except as provided in paragraph (a)(4)(iv) of this section, each 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 by the licensee must be identified as required by this section with a serial number not duplicated on any other firearm and all additional identifying information, except that the model designation and caliber or gauge may be omitted if that information is unknown at the time the part is identified. 926(a); 26 U.S.C. If ATF receives a request to examine or copy this information, it will treat it as any other request under the Freedom of Information Act (5 U.S.C. See NFA Handbook, ATF E-Publication 5320.8 (April 2009), pp. Stat. (iv) Size and depth of markings. In paragraph (a)(2)(iii), remove the word country and add in its place the term country or countries; and. 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. Va. 2020) (indictment charging false statements on ATF Form 4473 in connection with the purchase of specific handguns listed by date of purchase, make, caliber, model, serial number, and name of FFL); United States v. McCurdy, 634 F. Supp. Gen. Laws ch. section 18-2410; 720 Ill. Comp. While millions of AR-15s/M-16s existed at the time ATF promulgated the definitions, they were manufactured almost exclusively for military use. documents in the last year, by the International Trade Commission 601(6). 2004) (firearms redesigned as ornaments that would take a great deal of time, expertise, equipment, and materials to attempt to reactivate were no longer designed to expel a projectile by the action of an explosive and could not readily be converted to do so). (2) Destructive devices. 24, section 2302(a)(1)(b); DC Code section 47-2884.11(d); Fla. Stat. Firearm Muffler or Silencer Parts Transferred Between Qualified Licensees, 10. The total 10-year discounted cost of the rule is $1.0 million and $1.2 million at 7 percent and 3 percent respectively. While every effort has been made to ensure that Stat. at the business or collection premises readily accessible for inspection. 62-169 (IRS RRU), 1962-2 C.B. ATF estimates that this proposed rule could potentially affect 132,023 entities, including all FFLs and non-FFL manufacturers and retailers of firearm parts kits with incomplete firearm frames or receivers, but anticipates that the majority of entities affected by this rule would experience minimal or no additional costs. Army Chooses Sig Sauer P320 For Its New Service Pistol, 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. This provision is also essential if PMFs involved in crime are marked and traced directly to licensed dealers who, unlike licensed manufacturers and importers, are not presently required to maintain permanent records. of licensee; or Form 4473 Serial No. 90-1097, at 2200 (April 29, 1968) (same). 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. for better understanding how a document is structured but This rule does not require individuals to mark their personal firearms. 20, 2015). 26 U.S.C. Order 13637, 78 FR 16129 (Mar. 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. Tenn. Oct. 19, 2012) (serial number obliterated on the visible exterior of a revolver); State v. Shirley, No. 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. The DOJ and the Bureau of Alcohol, Tobacco, Firearms, and Explosives announced the new rule submission Friday, and it will go into effect after it's published in the Federal Register.. 923(g)(6); 27 CFR 478.39a(b). a. But as unmarked and difficult-to-trace PMFs proliferate throughout the marketplace, it is likely to become increasingly difficult to prove that firearms acquired under false pretenses on a Form 4473 were the ones found in the hands of the true purchaserand thus more difficult to prosecute straw purchasers for making false statements. A firearm muffler or silencer is defined to include any combination of parts designed and intended for the use in assembling or fabricating a firearm silencer or muffler and any part intended only for use in such assembly or fabrication. 18 U.S.C. section 637:7-a; N.J. Stat. This responsibility includes the authority to promulgate regulations necessary to enforce the provisions of the GCA and NFA. 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; B. A Description of, and Where Feasible, an Estimate of the Number of Small Entities to Which the Proposed Rule Will Apply, 4. 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). While this proposed change would increase the number of certain partsfirearm muffler or silencer frames or receiversthat need to be marked for modular silencers, this proposed change is not intended to require marking of all silencer parts so long as they are incorporated into a complete device by the original manufacturer or maker that is marked and registered. Register documents. 28. 19. 2010) (distinguishing dealer-gunsmiths from manufacturers). (iii) Adoption of identifying markings. section 226.040(1)(d)(7); La. Once marked, the licensee would update the acquisition entry with the identifying information, and then record its return as a disposition to the private owner. 902(i). Stat. Stat. at 923(d)(1)(F) (requiring license applicants to certify compliance with the requirements of State and local law applicable to the conduct of business). section 134.71(8)(c)(2). Such alternate records shall not be employed by the licensed manufacturer until approval in such regard is received from the Director. legal research should verify their results against an official edition of Criminal investigations and studies highlight this concern. ATF anticipates a one-time hourly burden of 0.25 hours per respondent. The conveyance may also be accomplished by submission of a letter from the registrant to the qualified FFL advising the FFL that the registrant is shipping or delivering the firearm for repair/identification and describing the repair or identification. This information must be placed in a manner not susceptible of being readily obliterated, altered, or removed. As required by the Paperwork Reduction Act of 1995 (44 U.S.C. This information is not part of the official Federal Register document. For the most part, individuals currently make PMFs from parts kits produced commercially, not by using 3D printers. 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. 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. from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) over its inability to trace unmarked firearms that have been used in shootings and other crimes in recent years. For these reasons, the Department proposes amending ATF's regulations to clarify the definition of firearm and to provide a more comprehensive definition of frame or receiver so that those definitions more accurately reflect firearm configurations not explicitly captured under the existing definitions in 27 CFR 478.11 and 479.11. 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. The amended complaint adds a statement that: the "final rule" violates the First Amendment, because it includes a prohibition on the distribution of information regarding unfinished firearms parts. PMFs must be identified by placing on each part (or specific part(s) previously determined by the Director) of a weapon defined as a frame or receiver, the same serial number, but must not duplicate any serial number(s) placed by the licensee on any other firearm. . Code section 9.41.140; W. Va. Code section 18.2-311.1; Wis. Stat. 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. 20. 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. There may be future changes in firearms technology or terminology resulting in housings or holding structures for new or different components that initiate, complete, or continue the firing sequence of weapons that expel a projectile by the action of an explosive. Using the information obtained from those required records, ATF then contacts each licensed dealer or other licensee who recorded their receipt and disposition to locate the first unlicensed purchaser to help find the perpetrator or otherwise solve the crime. Under the US Code of Federal Regulations, a firearm frame or receiver is defined as: "That part of a firearm which provides housing for the hammer, bolt or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel." (emphasis added) 26 CFR 177.50 (rescinded). The definition of transfer in the NFA only includes selling, assigning, pledging, leasing, loaning, giving away, or otherwise disposing of a firearm. at 923(a). Also, this proposed rule would not require Federal firearms licensees to accept any PMFs, or to mark them themselves. 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. or may readily be converted[40] 12. rendition of the daily Federal Register on FederalRegister.gov does not 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. This proposed rule would affect a one-time number of responses of 12,088 responses (6,044 respondents * 2 responses). informational resource until the Administrative Committee of the Federal Under the proposed rule, FFLs would be required to mark PMFs within 7 days of the firearm being received by a licensee, or before disposition, whichever first occurs. To clarify this process, this proposed rule would set forth the procedure and conditions by which persons may voluntarily submit such requests to ATF. This includes marking these parts with serial numbers for tracing purposes, recording these parts as firearms in required records, and running a National Instant Criminal Background Check System (NICS) background check when individuals purchase or acquire them. The annualized cost of this proposed rule would be $147,048 and $135,750, also at 7 percent and 3 percent, respectively. Stat. For more specific details regarding the need for regulation, please refer to the specific chapters pertaining to each provision of this proposed rule. Not only does the inability to distinguish between unmarked firearms Start Printed Page 27725make it extremely difficult for law enforcement to trace PMFs involved in crime, it also makes it more difficult for Federal, State, and local law enforcement to identify and prosecute illegal firearms traffickers who are often tied to violent criminals and armed narcotics traffickers. section 18.2-308.5 (prohibiting possession of undetectable firearms); Wash. Rev. Rev. 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. 3d 360, 368, 374 (E.D. 5845(i). 4. The proposed definitions would take into account the fact that modern firearms do not house all the components as defined in the current definition. (v) Firearms designed and configured before [EFFECTIVE DATE OF THE FINAL RULE]. Rev. (ii) Model, caliber or gauge, foreign manufacturer, country of manufacture. There is no minimum utility or lethality requirement in the GCA or NFA for an item to be considered a weapon. Cf. section 37:1782(16)(a); Mass. . This proposed rule would not change the existing requirements for size and depth of markings in 27 CFR 478.92(a)(1) and 479.102(a), but for sake of clarity, consolidates them into a standalone paragraph along with the existing method of measuring the size and depth of markings set forth in 27 CFR 478.92(a)(5) and 479.102(b). 9603-04 (May 6, 1986) (statement of Sen. McClure). a. 116-88, at 2 (May 28, 2019). Currently, licensees other than manufacturers and importers do not have to store their ATF Forms 4473 or AD records beyond 20 years. The application shall show that engraving, casting, or stamping (impressing) such a weapon as required by this section would be dangerous or impracticable, or that the requested period is reasonable and will not hinder the effective administration of this part. However, as with current regulations, silencer parts sold, shipped, or otherwise disposed of separately would still be considered silencers that require all markings prior to disposition except when transferred between qualified manufacturers for the production of new devices, and to qualified manufacturers and dealers for the repair of existing devices (see Section II.H.9 of the preamble). Further, Rule 2021R-05 does not prohibit you from building a firearm using an 80% receiver. 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. For a more detailed analysis, please refer to Chapters 1 and 10 of the Regulatory Impact Analysis. section 527.050; La. Commenters who do not want their name or other personal identifying information posted on the internet should submit comments by mail or facsimile, along with a separate cover sheet containing their personal identifying information. (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 . 5845(a)(7); 27 CFR 478.11; id. Any replica of any firearm described in subparagraph (A) if such replica. 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. 59. 7805. a. 7. 197 (1968). 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. 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. [58] 73. A licensed importer who proposes to use alternate records shall submit a letter application to the Director and shall describe the proposed alternate records and the need therefor. a. 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. Since PMFs are not Start Printed Page 27735commercially manufactured, if a PMF were received or otherwise acquired by a licensee or disposed of, or imported, the abbreviation PMF would be recorded as the manufacturer in the appropriate column on a licensee's acquisition and disposition record, ATF Form 4473, or import application, as well as the PMF serial number beginning with the abbreviated FFL number in the serial number column. documents in the last year, by the Food Safety and Inspection Service Code section 28-7-5-19(a)(4); Ky. Rev. Of the potential number of licensed dealers and licensed pawnbrokers, ATF estimates that those directly affected would be a one-time surge of 5,298 licensed dealers, 710 licensed pawnbrokers, and 36 non-licensed dealers that would be affected. 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