The barrel is threaded into the somewhat enlarged forward part of the receiver, called the receiver ring. 601 et seq.). 227. ATF chose to propose promulgating new definitions of frame or receiver, privately made firearm, gunsmithing, and an update to records retention and new requirements for marking silencers, because they would maximize benefits. This proposed rule would affect a one-time number of responses of 12,088 responses (6,044 respondents * 2 responses). The marking requirements for destructive devices are otherwise unchanged. (1) Marking of ammunition. Such alternate records shall not be employed by the licensed manufacturer until approval in such regard is received from the Director. 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. Code section 9.41.140; W. Va. Code section 18.2-311.1; Wis. Stat. Written comments must be postmarked and electronic comments must be submitted on or before August 19, 2021. 5822; 26 U.S.C. if Forms 4473 filed numerically would be retitled Address of nonlicensee; License No. 922(k) and 26 U.S.C. See Broughman v. Carver, 624 F.3d 670 (4th Cir. [35] A Succinct Statement of the Objectives of, and Legal Basis for, the Proposed Rule, 3. The ATF is weighing changes to the definition of "firearm" in order to target guns built from kits and/or parts printed on 3D printers. The manufacturer or importer can then mark without needing to ask ATF for a classification. 921(a)(3); 27 CFR 478.11 (emphasis added). 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. First, there would be a general definition of frame or receiver with non-exclusive examples that illustrate the definition. a. As the Supreme Court stated in District of Columbia v. Heller, 554 U.S. 570, 626-27 n.26 (2008), presumptively lawful regulatory measures include those imposing conditions and qualifications on the commercial sale of arms. See also United States v. Marzzarella, 614 F.3d 85, 99 (3d Cir. This language would supersede ATF Ruling 2013-3 as it applies to licensed manufacturers and importers, but the ruling would remain effective for makers of NFA firearms. [58] 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. Tr. 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. Federal Register issue. ATF would also continue to consider the same factors when classifying firearms (see Section I.A of the preamble). The Office of Management and Budget (OMB) has determined that while this proposed rule is not economically significant, it is a significant regulatory action under section 3(f)(4) of Executive Order 12866 because this proposed rule raises novel legal or policy issues arising out of legal mandates. ATF anticipates a one-time hourly burden of 0.25 hours per respondent. 140 section 79; Mich. Comp. 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. Title: Licensed Firearms Manufactures Records of Production, Disposition, and Supporting Data. documents in the last year, 1401 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). a. 923(g)(1)(A) and (B). ATF does not believe the production of 3D printed frames or receivers is substantial at this time when compared with commercially produced firearms. section 69-204(3); N.M. Stat. Stat. The size of serial numbers required by this section is measured as the distance between the latitudinal ends of the character impression bottoms (bases). 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 . In the first sentence of paragraph (a)(4), remove manufacturer and importer (if any) and add in its place manufacturer(s) and 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), remove Manufacturer and importer (if any) and add in its place Manufacturer(s) and importer(s) (if any), and remove the words Serial No. and add in their place serial number(s). Increases tracing of crime scene firearms to prosecute criminals. Indeed, most firearms currently in circulation in the United States do not have a specific part that expressly falls within the current frame or receiver regulatory definitions. 2019); Commonwealth v. Baxter, 956 A.2d 465 (Pa. Super 2008). [62], To provide greater access to professional marking, this proposed rule would clarify that the meaning of the term gunsmith includes persons who engage in the business of identifying firearms for nonlicensees so that gunsmiths may become licensed as dealer-gunsmiths solely to provide professional PMF marking services. [51], This second supplement explains that ATF may determine in the case of a firearm with more than one part that provides housing or a structure designed to hold or integrate one or more fire control or essential components whether one or more specific part(s) of a weapon is the frame or receiver, which may include an internal frame or chassis at least partially exposed to the exterior to allow identification. This document has been published in the Federal Register. 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. 6. at 7805(a). 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. 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 Any destructive device. 20, 2015). In United States v. Biswell, 406 U.S. 311, 315-16 (1972), the Supreme Court explained that close scrutiny of [firearms] traffic is undeniably of central importance to federal efforts to prevent violent crime and to assist the States in regulating the firearms traffic within their borders. 902, 1894 (1971) (a frame is the basic unit of a handgun which serves as a mounting for the barrel and operating parts of the arm; receiver means the metal frame in which the action of a firearm is fitted and to which the breech end of the barrel is attached); Olson's Encyclopedia of Small Arms, p.72 (1985) (the term frame means the basic structure and principal component of a firearm); Steindler's New Firearms Dictionary p. 209 (1985) (receiver means that part of a rifle or shotgun (excepting hinged frame guns) that houses the bolt, firing pin, mainspring, trigger group, and magazine or ammunition feed system. 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. Currently, licensees other than manufacturers and importers do not have to store their ATF Forms 4473 or AD records beyond 20 years. See Cal. [43] [71] New Definition of Firearm Frame or Receiver, 2. 10. In other words, FFLs using paper forms requested from ATF are not anticipated to incur any additional cost. The amendment would also allow ATF to grant a variance from the period in which to mark firearms. 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. 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. Also, this proposed rule would not require Federal firearms licensees to accept any PMFs, or to mark them themselves. 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. section 54.1-4009(A)(1); Wash. Rev. This rule does not require individuals to mark their personal firearms. For purposes of this paragraph, firearms actively awaiting materials, parts, or equipment repair to be completed are actively in the manufacturing process. 18 U.S.C. With the rise in popularity of striker-fired Glock semiautomatic pistols in the mid-1980s, other manufacturers began incorporating a striker-fired mechanism, rather than a hammer, in semiautomatic handguns. the material on FederalRegister.gov is accurately displayed, consistent with 116-88, at 2 (May 28, 2019). Total Costs to Industry, Public, and Government (7% Discount Rate). Return of the registered silencer to the registrant may likewise be accomplished by submission of an ATF Form 5 or by a letter from the FFL to the registrant that accompanies the silencer. The annualized cost of this proposed rule would be $147,048 and $135,750, also at 7 percent and 3 percent, respectively. 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. And when licensees sell or otherwise dispose of multiple pistols or revolvers within five consecutive business days to the same person, they must report to ATF the type, serial number, manufacturer, model, importer, and caliber on a Report of Multiple Sale or Other Disposition of Pistols and Revolvers, ATF Form 3310.4.[30]. 2006) ([T]he Defendant weapon here had all of the necessary parts for restoration and would take no more than six hours to restore.); United States v. Woods, 560 F.2d 660, 664 (5th Cir. (h) Feasibility, i.e., whether the process would damage or destroy the subject of the process, or cause it to malfunction. 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. (4) Exceptions(i) Alternate means or period of identification. See Ala. Code section 5-19A-3(1); Alaska Stat. Marking the outer tube, as distinguished from a smaller non-housing component like an end cap that can be damaged upon expulsion of projectiles, best preserves the ability of law enforcement to trace the silencer device if used in crime, and is consistent with recommendations ATF has received from the firearms industry. 902(i). 7801(a)(2); 28 U.S.C. 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 29180 (prohibiting ownership of firearms that do not bear a serial number or other mark of identification provided by the State); Conn. Gen. Stat. 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. 20. Split or modular frame or receiver This second supplement explains that ATF may determine "in the case of a firearm with more than one part that provides housing or a structure designed to hold or integrate one or more fire control or essential components" whether one or more specific part(s) of a weapon is the frame or receiver, which may include an internal frame or chassis at least . documents in the last year, by the Indian Affairs Bureau Voluntary Classification of Firearms and Armor Piercing Ammunition, 3. Because this proposed rule affects different populations in different ways, the analysis for the IRFA has been broken up by provision. 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. As explained in that ruling, whether the end product is to become a complete weapon or device, or a frame or receiver to be disposed of separately, firearms that are actively awaiting materials, parts, or equipment repair to be completed are still considered to be actively in the manufacturing process. 21. See, e.g., United States v. Evans, 928 F.2d 858 (9th Cir. 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. 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. 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