See United States v. Dodson, 519 F. App'x 344, 352-53 (6th Cir. This could potentially pose an enforcement issue that may not be resolved for years if not decades. 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. 2010) (The direct tracing of the chain of custody of firearms involved in crimes is one useful means by which serial numbers assist law enforcement. By engraving, casting, stamping (impressing), or otherwise conspicuously placing or causing to be engraved, cast, stamped (impressed) or placed on each part (or specific part(s) previously determined by the Director) defined as a frame or receiver, or barrel or pistol slide (if applicable) thereof certain additional information. This resulted in some traces of firearms involved in crimes to be returned incomplete for lack of records. if such forms filed numerically; i. 923(g)(1)(A); 27 CFR 478.122, 478.123. Complete weapons or complete muffler or silencer devices, as defined in this rule, would be allowed to be marked up to seven days from completion of the active manufacturing process for the weapon or device, or prior to disposition, whichever is sooner. 922(a)(1)(A); id. 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. This rule is consistent with ATF enforcement policy. Revise the definition of Engaged in the business paragraph (d) Gunsmith and the definition of Firearm; c. Remove the definition of Firearm frame or receiver; and. Years after these definitions were published, split/multi-piece receiver firearms, such as the AR-15 semiautomatic rifle (upper receiver and lower receiver), Glock semiautomatic pistols (upper slide assembly and lower grip module), and Sig Sauer P320 (M17/18 as adopted by the U.S. military) (upper slide assembly, chassis, and lower grip module), became popular. section 21-6306; Ky. Rev. the official SGML-based PDF version on govinfo.gov, those relying on it for 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. Stat. Ann. Except for silencer parts produced by qualified manufacturers for transfer to other licensees to complete or repair silencer devices (see Section II.H.9 of the preamble), parts defined as a frame or receiver, machinegun, or firearm muffler or firearm silencer that are not component parts of a complete weapon or device when disposed of would be allowed to be marked up to seven days following the date of completion of the active manufacturing process for the part, or prior to disposition, whichever is sooner. 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). The intent of Congress, as indicated by the plain language and the statutory scheme of the GCA, is to regulateas a firearmthe frame or receiver of a firearm. 35 Non-FFL manufacturers (Definition of Receiver). Since it began issuing firearm classifications under the GCA and NFA in private letter rulings and for criminal investigations, ATF has considered a variety of factors when examining firearms, including: (a) Which component the manufacturer intended to be the frame or receiver; (b) which component the firearms industry commonly considers to be the frame or receiver with respect to the same or similar firearms; (c) how the component fits within the overall design of the firearm when assembled; (d) the design and function of the fire control components to be housed, such as the hammer, bolt or breechblock, and firing mechanism; (e) whether the component could 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, in accordance with regulations; (f) whether classifying the particular component is consistent with the legislative intent of the GCA and implementing regulations; and (g) whether classifying the component as the frame or receiver is consistent with ATF's prior classifications. 6. 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. The following are nonexclusive examples that illustrate this definition: (a) Firearm muffler or silencer frame or receiver. The Director, however, reserves the right to determine, in light of all circumstances, whether a public hearing is necessary. While the GCA does not Start Printed Page 27721define the term frame or receiver, to implement the statute, the terms firearm frame or receiver and frame or receiver were defined in regulations several decades ago as that part of a firearm that provides housing for the hammer, bolt or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel. Burden of Response: This includes recurring time burden of 1.05 minutes. Clarifying this issue is needed to deter the increased sale or distribution of unlicensed and unregulated partially complete or unassembled frames or receivers often sold within parts kits that can readily be completed or assembled to a functional state. Code section 35-47-2-18; Kan. Stat. Alternate Means or Period of Identification, 7. ATF's decision whether to classify an item voluntarily submitted is entirely discretionary. Stat. As paper forms run out, FFLs would be able to order forms as part of their normal operations. 5841(a)(1); id. 27 CFR 478.11 (implementing GCA, Title I); 27 CFR 479.11[5] 2d 262, 272-73 (S.D.N.Y. 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. Because the agency has determined that it will, the agency has prepared an initial regulatory flexibility analysis as described in the RFA. Document Drafting Handbook The proposed procedure would assist ATF more efficiently to determine the design and intent of the manufacturer of the item through its written statements, and by examining the objective design features of an actual sample along with any instructions, guides, templates, jigs, equipment, tools, or marketing materials that are made available to the purchaser or recipient of the item (though ATF is not limited to examining the items submitted to make its determination). The term shall not include a firearm identified and registered in the National Firearms Registration and Transfer Record pursuant to chapter 53, title 26, United States Code, or any firearm made before October 22, 1968 (unless remanufactured after that date). [46] Code section 4727.07; Okla. Stat. 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. to expel a projectile by the action of an explosive are firearms under the GCA. The 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. The size of serial numbers required by this section is measured as the distance between the latitudinal ends of the character impression bottoms (bases). 922(b)(2) (prohibiting licensees from selling or delivering any firearm to any person in a State where the purchase or possession by such person of such firearm would be in violation of any State law or published ordinance applicable at the place of sale, delivery, or other disposition); id. 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. The amendment would also allow ATF to grant a variance from the period in which to mark firearms. In 479.90(b), remove the words manufacturer, wherever they may be, and add in their place manufacturer(s), remove the word importer and add in its place importer(s), and remove the words serial number and add in their place serial number(s). 3504(h). The prefatory paragraph to the definitional sections in the GCA and NFA regulations explain that [t]he terms `includes' and `including' do not exclude other things not enumerated which are in the same general class or are otherwise within the scope thereof. 27 CFR 478.11, 479.11. Alternative 3Grandfather all existing firearms and receivers. Rev. The government cost for this provision is $68,939 annually. 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. The additions and revision read as follows: Complete muffler or silencer device. Stat. Both the GCA and NFA define the term manufacturer as any person engaged in the business of manufacturing firearms, and the GCA further defines the term licensed manufacturer as any such person licensed under the provisions of this chapter. 18 U.S.C. 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. 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. Pen. You need not respond to a collection of information unless it displays a currently valid control number from OMB. The authority citation for 27 CFR part 447 continues to read as follows: Authority: 2010) (concluding that even if strict scrutiny were to apply, 18 U.S.C. 1503 & 1507. The crucial inquiry, then, is the point at which an unregulated piece of metal, plastic, or other material becomes a regulated item under Federal law. Laws section 750.230; Minnesota Stat. [FR Doc. Rec. Similar to other firearms, because the proposed rule would now specify the seven-day grace period in which to mark all completed firearms, including destructive devices, this rule would also allow ATF to grant a variance from this period. These tools are designed to help you understand the official document The term 80% receiver is a term used by some industry members, the public, and the media to describe a frame or receiver that has not yet reached a stage in manufacture to be classified as a frame or receiver under Federal law. Indeed, the current definitions were never intended to be, or understood to be, exhaustive; at the time the current definitions were adopted there were numerous models of firearms that did not contain a part that fully met the regulatory definition of frame or receiver, such as the Colt 1911, FN-FAL, and the AR-15/M-16, all of which were originally manufactured almost exclusively for military use, and ATF has long applied these factors in determining which component of those weapons qualifies as the frame or receiver.[11]. 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. the Federal Register. Upon completion of the examination, the Director may return the sample to the person who made the request unless a determination is made that return of the sample would be or place the person in violation of law. 63. 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. section 134.71(8)(c)(2). 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. CBP: 3-D-printed full-auto rifle seized at Lukeville crossing, tucsonsentinel.com (Feb. 8, 2016), http://www.tucsonsentinel.com/local/report/020816_3d_printed_gun/cbp-3-d-printed-full-auto-rifle-seized-lukeville-crossing/;;; Firearms using 3D-printed components seized in Sweden, Armament Research Services (May 19, 2017), https://armamentresearch.com/3d-printed-firearms-seized-in-sweden/;;; The TSA Has Found 3D-Printed Guns at Airport Checkpoints 4 Times Since 2016, Time (Aug. 2, 2018), https://time.com/5356179/3d-printed-guns-tsa/;;; Indiana Residents Indicted on Terrorism and Firearms Charges, DOJ Office of Public Affairs (July 11, 2019), https://www.justice.gov/opa/pr/indiana-residents-indicted-terrorism-and-firearms-charges;; Use of 3D printed guns in German synagogue shooting must act as warning to security services, experts say, 44. However, there was an exception from the serial number and model requirements for any shotgun or .22 caliber rifle unless that firearm was also subject to the NFA. Rec. 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. 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). 41. Stat. 227. Numerous courts have held that weapons designed to expel a projectile by the action of an explosive are firearms under 18 U.S.C. The Polymer 80 assembly, for example, may be completed in under thirty minutes. 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