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. Manufacturers of such parts kits must be licensed, abide by the marking and recordkeeping requirements, and pay Federal Firearms Excise Tax on their sales price. The Director may issue a determination to a person whether an item is a firearm or armor piercing ammunition as defined in this part upon receipt of a written request or form prescribed by the Director. The OFR/GPO partnership is committed to presenting accurate and reliable on 20, 2015). Table 1 provides a summary of the provisions of this proposed rule, along with the estimated affected population, costs, and benefits. Any Federal firearms licensee that sells such kits to unlicensed individuals would need to complete ATF Forms 4473, conduct NICS background checks, and abide by the recordkeeping requirements applicable to fully completed and assembled firearms. 804. See 18 U.S.C. In view of advancements in electronic scanning and storage technology, and ATF's acceptance of electronic recordkeeping, these amendments would reverse a 1985 rulemaking allowing non-manufacturer/importer Federal firearms licensees to destroy their records after 20 years. 18 U.S.C. section 527.050; La. A firearm muffler or firearm silencer that contains all component parts necessary to function as designed whether or not assembled or operable. 923(i); see 27 CFR 478.92, 479.102. As Glock became popular, other manufacturers started using striker fire as well, proliferating it across the firearms manufacturing community on a grand scale.). Weapon parts kits such as these are firearms under the GCA because they are designed to or may readily be converted to expel a projectile by the action of an explosive. However, that term is neither found in Federal law nor accepted by ATF. This proposed rule would update the new definition of frame or receiver, among other items. Finally, the definition would make clear to persons who may acquire or possess a part now defined as a frame or receiver that is identified with a serial number that they must presume, absent an official determination by ATF or other reliable evidence to the contrary, that the part is a firearm frame or receiver without further guidance. documents in the last year, 876 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. Stat. 1991) (conspiracy to cause and aid and abet the possession of unregistered machineguns where one defendant sold parts kits containing all component parts of Sten machineguns except receiver tubes, and the other sold customers blank receiver tubes along with detailed instructions on how to complete them); Internal Revenue Service Technical Advice Memorandum 8709002, 1986 WL 372494, at 4 (Nov. 13, 1986) (for purposes of imposing Firearms Excise Tax it is irrelevant whether the components of a revolver in an unassembled knockdown condition are sold separately to the same purchaser in various related transactions, rather than sold as a complete kit in a single transaction). 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. Alternate Means or Period of Identification, 7. To properly implement the new definitions, this proposed rule would amend 27 CFR 478.92(a) and 479.102 to explain how and when markings must be applied on each part defined as a frame or receiver, particularly since there could be more than one part of a complete weapon, or complete muffler or silencer device, that is the frame or receiver (i.e., when ATF has not identified specific part(s) as the frame or receiver). Partially Complete, Disassembled, or Inoperable Firearm Kits, 1. 48. Stat. 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. Executive Order 12866 (Regulatory Planning and Review) directs agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic benefits, environmental benefits, public health and safety effects, distributive impacts, and equity). But serial number tracing also provides agencies with vital criminology statisticsincluding a detailed picture of the geographical source areas for firearms trafficking and time-to-crime statistics which measure the time between a firearm's initial retail sale and its recovery in a crimeas well as allowing for the identification of individual dealers involved in the trafficking of firearms and the matching of ballistics data with recovered firearms.); Following the Gun, Enforcing Federal Laws Against Firearms Traffickers, ATF Publication, pp.1, 26 (June 2000) (serial number obliteration is a clear indicator of firearms trafficking to, among other criminals, armed narcotics traffickers). [65] This new definition then would set forth nonexclusive acceptable methods of destruction, which have been provided by ATF in past guidance.[57]. The barrel is threaded into the somewhat enlarged forward part of the receiver, called the receiver ring. documents in the last year, 830 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. Congress and the Attorney General have delegated the responsibility for administering and enforcing the GCA and NFA to the Director of ATF, subject to the direction of the Attorney General and the Deputy Attorney General. 26 U.S.C. 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. 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. Ann. It then sets forth the factors ATF considers in making this determination: (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 or integrated; (e) 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; (f) whether classifying the particular component is consistent with the legislative intent of the Act and this part; and (g) whether classifying the component as the frame or receiver is consistent with the Director's prior classifications. No single factor is controlling. More information and documentation can be found in our 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. Commonly referred to as ghost guns, these privately made firearms (PMFs), when made for personal use, are not required by the GCA to have a serial number placed on the frame or receiver, making it difficult for law enforcement to determine where, by whom, or when they were manufactured, and to whom they were sold or otherwise disposed. ATF received a petition for rulemaking from Everytown for Gun Safety, a non-profit organization, proposing to define firearm frame or receiver in 27 CFR 478.11. 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. (iv) Size and depth of markings. section 13-3102; Ark. Because separate records are also difficult for ATF to inspect, this rule would amend 478.122 and 478.123 to require licensed importers and manufacturers to consolidate their records of importation, manufacture, or other acquisition, and their sale or other disposition in a format containing the applicable columns specified in a table included in 478.122(b). Readily. 37. A muffler or silencer that contains all component parts necessary to function as designed whether or not assembled or operable. Stat. 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. on Rec. sections 28-1207, 28-1208; Nev. Rev. Title II Firearms: Title II firearms are machine guns, silencers/suppressors/mufflers, short barreled-rifles, short-barreled shotguns, any other weapons (AOW). (vii) Whether classifying the component as the frame or receiver is consistent with ATF's prior classifications. Once the new device is complete with the part, the manufacturer would be required to identify and register the device in the manner and within the period specified in this rule for a complete device. In determining whether a partially complete, disassembled, or inoperable frame or receiver may readily be assembled, completed, converted, or restored to a functional state, the Director may consider any available instructions, guides, templates, jigs, equipment, tools, or marketing materials. Federal Register provide legal notice to the public and judicial notice The Attorney General is responsible for enforcing the GCA, as amended, and the NFA, as amended. 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 article appeared online at TheNewAmerican.com on Monday, January 16, 2023: Back in 2012, the ATF (the Bureau of Alcohol, Tobacco, Firearms and Explosives) ruled that pistol stabilizing braces didn't turn pistols into short-barreled rifles, and therefore they were exempt from inclusion under the 1934 National Firearms Act (NFA). This information must be placed in a manner not susceptible of being readily obliterated, altered, or removed. 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. See Public Law 90-351, sec. This responsibility includes the authority to promulgate regulations necessary to enforce the provisions of the GCA and NFA. 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. 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. Each licensed manufacturer or importer must identify by means of a serial number engraved or cast on the receiver or frame of the weapon, in such manner as the Attorney General shall by regulations prescribe, each firearm imported or manufactured by such importer or manufacturer.[3] See Internal Colt Memorandum from B. Northrop, Feb. 2, 1973, p.2 (noting that there were 2,752,812 military versus 25,774 civilian (Sporters) serialization of AR-15/M-16 rifles then manufactured). (iii) Adoption of identifying markings. Firearm Frame or Receiver The significant alternatives considered are set forth in Section IV(A)(9) of this preamble. Factors relevant in making this determination, with no single one controlling, include the following: (a) Time, i.e., how long it takes to finish the process; (b) Ease, i.e., how difficult it is to do so; (c) Expertise, i.e., what knowledge and skills are required; (d) Equipment, i.e., what tools are required; (e) Availability, i.e., whether additional parts are required, and how easily they can be obtained; (g) Scope, i.e., the extent to which the subject of the process must be changed to finish it; and. 47. 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). 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