This result would thereby undermine the intent of Congress in requiring the frame or receiver of every firearm to be identified, see 18 U.S.C. Add a sentence after the sixth sentence; and. 19. better and aid in comparing the online edition to the print edition. [24] See United States v. Dodson, 519 F. App'x 344, 352-53 (6th Cir. 16. Privately Made Firearms or Ghost Guns, 1. Readily. About the Federal Register [910]. Stat. The prefatory paragraph to the definitional section of 27 CFR 478.11 (Meaning of Terms) states: [w]hen used in this part and in forms Start Printed Page 27722prescribed under this part, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof, terms shall have the meanings ascribed in this section.[12] Destructive device. ATF would also continue to consider the same factors when classifying firearms (see Section I.A of the preamble). documents in the last year, by the International Trade Commission 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. 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. The ATF said in the rule: While firearms equipped with 'stabilizing braces' or other rearward attachments may be submitted to ATF for a new classification determination, a majority of the existing firearms equipped with a 'stabilizing brace' are likely to be classified as 'rifles' because they are configured for shoulder fire based . (b) A record of each firearm disposed of by an importer and a separate record of armor piercing ammunition dispositions to governmental entities, for exportation, or for testing or experimentation authorized under the provision of 478.149, shall be maintained by the licensed importer on the licensed premises. (c) The Director may authorize alternate records to be maintained by a licensed manufacturer to record the acquisition or disposition of firearms and armor piercing ammunition when it is shown by the licensed manufacturer that such alternate records will accurately and readily disclose the information required by this section. 185 (kits containing unassembled components and tools to complete artificial flies for fisherman were sporting goods subject to excise tax); Hine v. United States, 113 F. Supp. 22 U.S.C. 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). 3d 360, 368, 374 (E.D. For more details, please refer to Chapter 2 of the Regulatory Impact Analysis.[77]. Indeed, several States and municipalities have banned or severely restricted unserialized or 3D printed firearms. 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. ATF has encountered some firearms retailers who have destroyed large numbers of records more than 20 years old so that they would no longer need to be stored physically. Except as provided in paragraph (b)(4) of this section, you must identify each part, including a replacement part, defined as a frame or receiver, machine gun, 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 no later than seven days following the date of completion of the active manufacturing process for the part, or prior to disposition, whichever is sooner. In turn, this would allow prohibited persons to acquire upper and lower receivers that can quickly be assembled into semiautomatic weapons more easily and without a background check. Felon Pleads Guilty in Federal Court in Maryland to Illegal Possession of a Ghost Gun Firearm and Ammunition, DOJ Office of Public Affairs (Sept. 22, 2020), https://www.justice.gov/usao-md/pr/dc-felon-pleads-guilty-federal-court-maryland-illegal-possession-ghost-gun-firearm-and;; Ghost Gun and Machine Gun Conversion Device Dealer Pleads Guilty, DOJ Office of Public Affairs (Sept. 29, 2020), https://www.justice.gov/usao-edva/pr/ghost-gun-and-machine-gun-conversion-device-dealer-pleads-guilty;; Felon sentenced to more than five years in prison for arsenal of `ghost guns' and smuggled silencers, DOJ Office of Public Affairs (Oct. 9, 2020), https://www.justice.gov/usao-wdwa/pr/felon-sentenced-more-five-years-prison-arsenal-ghost-guns-and-smuggled-silencers;; Montgomery County Man Admits to Unlawfully Selling Ghost Guns, DOJ Office of Public Affairs (Nov. 5, 2020), https://www.justice.gov/usao-ndny/pr/montgomery-county-man-admits-unlawfully-selling-ghost-guns;; Drug Dealer Who Sold Ghost Guns, Silencers, and a Machinegun Sentenced to Thirty Years in Federal Prison, DOJ Office of Public Affairs (Nov. 6, 2020), https://www.justice.gov/usao-ndia/pr/drug-dealer-who-sold-ghost-guns-silencers-and-machinegun-sentenced-thirty-years-federal;; Baltimore Man Sentenced to 21 Years in Federal Prison for Five Bank Robberies, Five Armed Robberies of Liquor Stores, and Related Firearms Charges, DOJ Office of Public Affairs (Nov. 12, 2020), https://www.justice.gov/usao-md/pr/baltimore-man-sentenced-21-years-federal-prison-five-bank-robberies-five-armed-robberies;; Philadelphia Man Sentenced to 121/2 Years for Trafficking Methamphetamine and Weapons, Including `Ghost Guns,' Near Schools, DOJ Office of Public Affairs (Dec. 30, 2020), https://www.justice.gov/usao-edpa/pr/philadelphia-man-sentenced-12-12-years-trafficking-methamphetamine-and-weapons;; Vineland Boys Gang Member Pleads Guilty to Racketeering Offenses, Including Attempted Murder and Narcotics Trafficking, DOJ Office of Public Affairs (Jan. 22, 2021), https://www.justice.gov/usao-cdca/pr/vineland-boys-gang-member-pleads-guilty-racketeering-offenses-including-attempted;; Burbank Man Arrested on Federal Complaint Alleging He Sold `Ghost Guns' Out of His Hookah Lounge, DOJ Office of Public Affairs (Jan. 29, 2021), https://www.justice.gov/usao-cdca/pr/burbank-man-arrested-federal-complaint-alleging-he-sold-ghost-guns-out-his-hookah;; Saratoga County Man Admits to Unlawfully Selling Ghost Guns and Methamphetamine Distribution, DOJ Office of Public Affairs (Feb. 3, 2021), https://www.justice.gov/usao-ndny/pr/saratoga-county-man-admits-unlawfully-selling-ghost-guns-and-methamphetamine;; Orange County Man Sentenced to 10 Years in Federal Prison for Brokering Illegal Sales of `Ghost Guns,' Other Firearms, DOJ Office of Public Affairs (Feb. 8, 2021), https://www.justice.gov/usao-cdca/pr/orange-county-man-sentenced-10-years-federal-prison-brokering-illegal-sales-ghost-guns. 68. 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). 921(a)(11)(B); id. Minor technical amendments would also be needed in 27 CFR 447.42, 447.45, 478.112, 478.113, 478.114, and 479.112, pertaining to the importation of firearms. 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. ch. section 40:1788; Me. 2006) (a starter gun that can be modified in less than one hour by a person without any specialized knowledge to fire may be considered readily convertible under the GCA); United States v. One TRW, Model M14, 7.62 Caliber Rifle, 441 F.3d 416, 422-24 (6th Cir. This would not affect future production because this work would be part of their normal operations in creating new firearms. First, there would be a general definition of frame or receiver with non-exclusive examples that illustrate the definition. All Activity; Home ; NJ & Federal Gun Law Discussion ; National Gun Law Discussion ; ATF finalizes rules for Stabilizing Braces This does not include a firearm identified and registered in the NFRTR pursuant to chapter 53, title 26, United States Code, or any firearm made before October 22, 1968 (unless remanufactured after that date). The NFA requires firearm manufacturers, importers, and makers to identify each firearm, including a firearm muffler or silencer, with a serial number and such other identification as may be prescribed by regulations. 7801(a)(2)(A); id. Handguns that are 3D printed are also subject to the registration and taxation requirements of the NFA if they have a smooth bore and are capable of being concealed on the person, thereby falling within the definition of any other weapon. See 26 U.S.C. section 39-14-134; Tex. 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. section 69-204(3); N.M. Stat. 64. provide legal notice to the public or judicial notice to the courts. if licensee, or Form 4473 Serial No. 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. 19, 2021), https://www.bbc.com/news/world-europe-56798743. 599A(b)(1); 28 CFR 0.130(a)(1)-(2). Order 13637, 78 FR 16129 (Mar. This proposed definition explains that PMFs are those firearms that were made by nonlicensees without the markings required by this part, and excludes those already marked and registered in the NFRTR, and any firearm made before enactment of the GCA which, unlike the repealed law it replaced, required all firearms to be marked under federal law. 58. 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]. section 40-39-80(B)(1)(l)(iii),(ix); Tenn. Code Ann. 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. This rule proposes to authorize licensed manufacturers and importers to adopt an existing serial number, caliber/gauge, model, or other markings already identified on a firearm provided they legibly and conspicuously place, or cause to be placed, on each part (or part(s) previously determined by the Director) defined as a frame or receiver either: Their name (or recognized abbreviation), and city and State (or recognized abbreviation) where they maintain their place of business; or their name (or recognized abbreviation) and their abbreviated FFL number, which is the first three and last five digits followed by a hyphen, and then followed by the existing serial number (including any other abbreviated FFL prefix) as a suffix, e.g., 12345678-[serial number], to ensure the traceability of the firearm. (iv) Size and depth of markings. , Mocoshow.com (April 6, 2021), https://mocoshow.com/blog/county-council-unanimously-approves-ghost-gun-bill/?fbclid=IwAR1KCyFal3AId31WKCTLanR-uEUj_-dW_T32lND5gfKmle_-nvIbZyT052. The term made is incorporated within the term privately made firearm rather than manufacture to distinguish between firearms manufactured (or made) by private individuals without a license and those manufactured by persons licensed to engage in the business of manufacturing firearms. The proposed rule would require acquisition and disposition record changes to accommodate recording multiple frames or receivers that have different serial numbers if the original frames or receivers (with the same serial number) become separated and are reassembled with frames or receivers bearing different serial numbers. If a manufacturer produces or an importer imports a firearm falling within one of these designs as they exist as of the date of publication of a final rule, it can refer to this list to know which part is the frame or receiver. While this proposal assures that they won't change their rulings on what parts constitute, legally, a . Stat. Stat. It also does not address potential changes in firearms terminology. Because privately made firearms do not have the identifying markings required of commercially manufactured firearms, this rule proposes to amend 27 CFR 478.92 to require FFLs to mark, or supervise the marking of, the same serial number on each frame or receiver (as defined in this rule) of a weapon that begins with the FFL's abbreviated license number (first three and last five digits) as a prefix followed by a hyphen on any privately made firearm (as defined) that the licensee acquired (e.g., 12345678-[number]). See 81 FR 26764 (May 4, 2016). 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). section 134-10; Idaho Code Ann. 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. Except as provided in paragraph (b)(5) of this section, the additional information shall include: (i) The model, if such designation has been made; (iii) When applicable, the name of the foreign manufacturer or maker; and. 22. 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. (a) Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and (b) any replica of any firearm described in paragraph (a) of this definition if such replica (1) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or (2) uses rimfire or . Source: ATF Office of Strategic Intelligence and Information. The proposed amendments would enhance public safety by ensuring that records of active licensees will be available for tracing purposes. at 5845(a)(7). 18 U.S.C. The significant alternatives considered are set forth in Section IV(A)(9) of this preamble. 923(g)(3)(A); 27 CFR 478.126a. Alternative 4Require serialization of all partially complete firearms or split receivers. These numbers (as of March 4, 2021) are likely far lower than the actual number of PMFs recovered from crime scenes because some law enforcement departments incorrectly trace some PMFs as commercially manufactured firearms, or may not see a need to use their resources to attempt to trace firearms with no serial number or other identifiable markings. 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. 15. Fin. section 609.667; Mo. Unless previously identified by another licensee in accordance with this section, and except as provided in paragraph (a)(4)(vi) of this section, licensees must legibly and conspicuously identify each privately made firearm within seven days following the date of receipt or other acquisition (including from a personal collection), or before the date of disposition (including to a personal collection), whichever is sooner. Complete weapon. at 924(l) (stealing a firearm which is moving in or has moved in interstate commerce); and id. Ann. 1971) (starter guns converted in no more than 12 minutes to fire live ammunition were readily convertible under the GCA); United States v. Morales, 280 F. Supp. Agencies must perform a review to determine whether a rule will have such an impact. a. This would eliminate a significant source of confusion among regulated industry members and the public as to who needs a license to manufacture firearms. 5841(a)(1); id. 926(a); 26 U.S.C. Because under the NFA each individual part of a firearm muffler or silencer is a firearm[47] 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). 76. at 922(j) (receiving, possessing, concealing, storing, bartering, selling, disposing, or pledging or accepting as security for a loan any stolen firearm which has moved in interstate or foreign commerce); id. Requiring Federal firearms licensees to mark in this manner on each part defined as a frame or receiver would make it possible for ATF to trace the firearm if the manufacturer's or importer's name, city, or state is marked on the slide or barrel, and the original components are later separated. section 75-67-305(1)(a)(iii),(ix); Mo. 7701(a). 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