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. 1, 1971) (lower portion of the M-16 is the frame or receiver because it comes closest to meeting the definition of frame or receiver in 26 CFR 178.11 (now 27 CFR 478.11), and is the receiver of a machinegun as defined in the NFA); ATF Memorandum #22334 (Jan. 24, 1977) (upper half of the FN FAL rifle is the frame or receiver because it was designed to accept the components that allow fully automatic fire). This provision simply requires that a bound volume be maintained by the dealer of the sales of firearms which would include a complete description of the firearm, including its manufacturer, model number, and its serial number and the verified name, address, and date of birth of the purchaser. 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. sections 28-1207, 28-1208; Nev. Rev. [60], The proposed rule would define the term importer's or manufacturer's serial number in 27 CFR 478.11 as: [t]he identification number, licensee name, licensee city or state, or license number placed by a licensee on a firearm frame or receiver in accordance with this part. . documents in the last year, 16 18 U.S.C. Although this addition is intended to capture when an item becomes a frame or receiver that is regulated irrespective of the type of technology used to complete the assembly, frame or receiver molds that can accept metal or polymer, unformed blocks of metal, and other articles only in a primordial state would notwithout morebe considered a partially complete frame or receiver. Army Chooses Sig Sauer P320 For Its New Service Pistol, 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 term frame or receiver shall mean, in the case of a firearm muffler or firearm silencer, a part of the firearm that, when the complete device is assembled, is visible from the exterior and provides housing or a structure, such as an outer tube or modular piece, designed to hold or integrate one or more essential internal components of the device, including any of the following: Baffles, baffling material, or expansion chamber. See Cal. Rep. No. Document Drafting Handbook The additions and revisions read as follows: Complete muffler or silencer device. 18. Firearm Muffler or Silencer Parts Transferred Between Qualified Licensees, 10. The Director shall not issue a determination regarding 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. 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. This alternative would grandfather in all existing firearms that would not meet the serialization standard for partially complete and split frames or receivers. The term potential crime scenes is used because ATF does not know if the firearm being traced by the law enforcement agency was found at a crime scene as opposed to one recovered by them that was stolen or otherwise not from at the scene of a crime. The serial number(s) must begin with the licensee's 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]. 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. The term shall not include a weapon, including a weapon parts kit, in which each part defined as a frame or receiver of such weapon is destroyed. Rep. 90-1577, at 4416 (June 21, 1968) (Under former definitions of `firearm,' any part or parts of such a weapon were included. 2016) ([A] receiver must have the housing for three elements: hammer, bolt or breechblock, and firing mechanism.); United States v. Joseph Roh, SACR 14-167-JV, Minute Order p. 6 (C.D. 921(a)(24); 26 U.S.C. This information must be placed in a manner not susceptible of being readily obliterated, altered, or removed. 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. 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. By engraving, casting, stamping (impressing), or otherwise conspicuously placing or causing to be engraved, cast, stamped (impressed) or otherwise placed on each part (or specific part(s) previously determined by the Director) defined as a frame or receiver thereof, a serial number, in a manner not susceptible of being readily obliterated, altered, or removed. 23. 40. The Department of Justice (Department) proposes amending Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) regulations to provide new regulatory definitions of firearm frame or receiver and frame or receiver because the current regulations fail to capture the full meaning of those terms. A Proposed Rule by the Alcohol, Tobacco, Firearms, and Explosives Bureau on 05/21/2021. ATF will carefully consider all comments, as appropriate, received on or before the closing date, and will give comments after that date the same consideration if practical to do so, but assurance of consideration cannot be given except as to comments received on or before the closing date. 922(k), which prohibits their removal, obliteration, or alteration. When used in this part, the term serial number shall mean the importer's or manufacturer's serial number.. 804. Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and. 5527 (March 22, 1965).[2]. Accordingly, the Department and ATF have promulgated regulations implementing the GCA and NFA. This responsibility includes the authority to promulgate regulations necessary to enforce the provisions of the GCA and NFA. Mich. 1994) (If Defendants believe that machinegun conversion kits are not in and of themselves `weapons' under 921(a)(3), they forget that that section clearly envisions machineguns as weapons.); United States v. Drasen, 845 F.2d 731, 736-37 (7th Cir. b. Rec. 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 time period is reasonable and will not hinder the effective administration. 2019); Commonwealth v. Baxter, 956 A.2d 465 (Pa. Super 2008). Revise the definition of Frame or receiver; d. Add a sentence at the end of the definition of Transfer. (b) Armor piercing ammunition. 26 CFR 177.50 (rescinded). See 27 CFR parts 478, 479. 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. In paragraph (a)(1)(ii), remove the word country and add in its place the term country or countries; b. 27 CFR 478.11. 25. Rul. 2003-4 (Sten type receivers). For more details, please refer to Chapter 3 of the Regulatory Impact Analysis. The Regulatory Impact Analysis is available on www.regulations.gov in the same docket as this rule. 2d 262, 272-73 (S.D.N.Y. In accordance with the Regulatory Flexibility Act (RFA), ATF prepared an Initial Regulatory Flexibility Analysis (IRFA) that examines the impacts of the proposed rule on small entities (5 U.S.C. Because of the difficulties and expense of marking and registering small individual components used to commercially manufacture a complete muffler or silencer device with little law enforcement benefit, this proposed rule would allow qualified manufacturers to transfer parts defined as a firearm muffler or silencer to other qualified manufacturers without immediately identifying or registering them. Under the GCA, licensed manufacturers and importers must identify the frame or receiver of each firearm, including a firearm muffler or silencer, with a serial number in accordance with regulations. Code section 28-7-5-19(a)(4); Ky. Rev. ATF does not believe the production of 3D printed frames or receivers is substantial at this time when compared with commercially produced firearms. 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. ATF estimates that this rule could potentially affect 132,023 entities, including all FFLs and non-FFL manufactures and retailers of firearm kits, but anticipates that the majority of entities affected by this rule would experience minimal or no additional costs. 23, 2021), https://www.anu.edu.au/news/all-news/glock-ghost-guns-up-for-grabs-on-the-dark-web;; Spain dismantles workshop making 3D-printed weapons, BBC, (Apr. While this proposal assures that they won't change their rulings on what parts constitute, legally, a . 2010) (distinguishing dealer-gunsmiths from manufacturers). 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. By engraving, casting, stamping (impressing), or otherwise conspicuously placing or causing to be engraved, cast, stamped (impressed) or otherwise placed on each part (or specific part(s) previously determined by the Director) defined as a frame or receiver thereof, a serial number, in a manner not susceptible of being readily obliterated, altered, or removed. Defining what a receiver or frame is, however, was left up to regulating agencies - in this case, the ATF. a. 01/18/2023, 249 The systematic tracking of firearms from the manufacturer or U.S. importer to the retail purchaser also enables law enforcement agencies to identify suspects involved in criminal violations, determine if a firearm is stolen, and provide other information relevant to a criminal investigation. 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]. Title II Firearms: Title II firearms are machine guns, silencers/suppressors/mufflers, short barreled-rifles, short-barreled shotguns, any other weapons (AOW). independent.co.uk (Oct. 11, 2019), https://www.independent.co.uk/news/world/europe/3d-gun-print-germany-synagogue-shooting-stephan-balliet-neo-nazi-a9152746.html;; TSA Confiscated 3D-Printed Guns at Raleigh-Durham International Airport, (vi) Privately made firearms acquired before [EFFECTIVE DATE OF THE FINAL RULE]. Cent. 921-931; 44 U.S.C. [66] Also, while licensed manufacturers who sell or distribute firearms to law enforcement agencies would be subject to this rule, law enforcement agencies (not engaged in the business of manufacturing firearms for sale or distribution) would be excluded from this rule, including associated amendments to the marking and recordkeeping requirements necessary to implement its definitions.Start Printed Page 27726. 901(b), 82 Stat. on The estimate covers the time for reviewing instructions, searching existing sources of data, gathering and maintaining the data needed, and completing and reviewing the collection.
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