atf definition of other firearm

Form Used: The ATF 5300.9 - 4473 Firearms Transaction Record is required if you are purchasing your Title I firearm from a FFL Dealer. 60. The Attorney General is responsible for enforcing the GCA, as amended, and the NFA, as amended. Rev. 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. 462, 466-67 (1958) (strict geographical application of the term United States in 26 U.S.C. (1) 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 internal components (e.g., a split frame with upper assembly and lower assembly as in many semiautomatic rifles, upper slide assembly and lower grip module as in many semiautomatic handguns, or multiple silencer modular pieces), the Director may determine whether a specific part or parts 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. In paragraph (a)(2)(iii), remove the word country and add in its place the term country or countries; and. on Currently, licensees other than manufacturers and importers do not have to store their ATF Forms 4473 or AD records beyond 20 years. Rec. 7. (implementing GCA, Title II). (3) Frame or receiver, machine gun conversion part, or silencer part disposed of separately. ATF has long held that a piece of metal, plastic, or other material becomes a frame or receiver when it has reached a critical stage of manufacture. 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. 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 . The ATF is asserting that tools and information on how to make frames or receivers are, essentially frames and receivers. 902(i). A process that is fairly or reasonably efficient, quick, and easy, but not necessarily the most efficient, speedy, or easy process. 37. Table 1Summary of Affected Population, Costs, and Benefits, The proposed definition of this term would maintain current classifications and current marking requirements of firearm frames or receivers, except that the licensed manufacturer or importer must mark on new designs or configurations 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, on each part defined as a frame or receiver, along with the serial number. section 39-14-134; Tex. No. documents in the last year, 1487 804. 235, 256 (E.D. section 18.2-308.5 (prohibiting possession of undetectable firearms); Wash. Rev. |, 14.5s and 16s getting prepped for more build, All the gray #modernmateriel #modmat15 #cerakot, Fresh batch of Patrols headed out to another local, Last week was an amazing time at the Police and Se, #modernmateriel #modmat15 #snipergreen #blackenedc, PB & Grey This prototype edition of the You may submit comments, identified by docket number ATF 2021R-05, by any of the following methods. ATF's predecessor agency, the Alcohol, Tobacco and Firearms Division within the Internal Revenue Service, derived this limitation on the application of definitions from the Internal Revenue Code (IRC), 26 U.S.C. Army Chooses Sig Sauer P320 For Its New Service Pistol, A frame or receiver is the primary structural component of a firearm to which fire control components are attached. Licensees are also required by law to report the theft or loss of firearms on a Federal Firearms Licensee Theft/Loss Report, ATF Form 3310.11, which includes a description of the manufacturer, importer, model, serial number, type, and caliber/gauge of each firearm stolen or lost. Destructive device. 3d 469 (N.D. Ohio 2019), Testimony of ATF Firearms Enforcement Officer Daniel Hoffman at Doc. at the business or collection premises readily accessible for inspection. ATF will retain all comments as part of this rulemakings administrative record. Information about this document as published in the Federal Register. Forbes.com (Jan. 20, 2017) https://www.forbes.com/sites/frankminiter/2017/01/20/a-star-is-born-u-s-army-chooses-sig-sauer-p320-for-its-new-service-pistol/. See, e.g., United States v. Hardin, 889 F.3d 945, 946 (8th Cir. Any destructive device. [31] These proposed rules are intended to reduce the practical and administrative problems of marking and registering silencer parts by the regulated industry, and avoid a potential resource burden on ATF to process numerous tax-exempt registration applications with little public safety benefit.[72]. 450, 453 (D. Conn. 1973) (a sawed-off shotgun was readily restorable to fire where it could be reassembled in one hour and the necessary missing parts could be obtained at a Smith Wesson plant); compare with United States v. Seven Miscellaneous Firearms, 503 F. Supp. 3:27 pm. legal research should verify their results against an official edition of Stat. 18 U.S.C. Register, and does not replace the official print version or the official This is because the outer tube would be the only housing for essential internal components (e.g., baffles or baffling material) of the complete device. At the heart of the ruling is the factoring criteria for firearms with stabilizing braces. In 479.88(b), remove manufacturer and add in its 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). documents in the last year, 37 9603-04 (May 6, 1986) (statement of Sen. McClure). 922(p), which prohibits the manufacture and possession of firearms that are not as detectable as the Security Exemplar that contains 3.7 ounces of material type 17-4 PH stainless steel.[67]. 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. Additionally, more firearm manufacturers began incorporating a striker-fired mechanism rather than a hammer in the firing design. section 40:1788; Me. 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. In this Issue, Documents Cal. This resulted in some traces of firearms involved in crimes to be returned incomplete for lack of records. For additional requirements relating to imported firearms, see Customs regulations at 19 CFR part 134. Please bear in mind that these illustrations do not necessarily depict importable firearms. Licensees must record each receipt (whether or not kept overnight) or other acquisition (including from a personal collection) and disposition (including to a personal collection) of a privately made firearm as required by this part, except that such information need not be recorded if the firearm is being identified under the direct supervision of another licensee with their information. 42. It was viewed 1141 times while on Public Inspection. 3501-20). See Baltimore police report a 400% increase in untraceable `ghost guns', The Baltimore Sun (Feb. 18, 2021), http://www.baltimoresun.com/news/crime/bs-pr-md-ci-cr-ghost-gun-ban-20210218-ae2dortu6ngn5llmfmq6yxtx6m-story.html;; Syracuse joins lawsuit against feds amid rise in ghost guns, WRVO Syracuse (Aug. 27, 2020), https://www.wrvo.org/post/syracuse-joins-lawsuit-against-feds-amid-rise-ghost-guns#stream/0;; Ghost Guns: The build-it-yourself firearms that skirt most federal gun laws and are virtually untraceable, CBS News (May 10, 2020), https://www.cbsnews.com/news/ghost-guns-untraceable-weapons-criminal-cases-60-minutes-2020-05-10/;;; Untraceable ghost guns proliferate as Philadelphia grapples with violence, The Morning Call (Mar. For more details, please refer to Chapter 4 of the Regulatory Impact Analysis.Start Printed Page 27737. documents in the last year. There may be future changes in firearms technology or terminology resulting in housings or holding structures for new or different components that initiate, complete, or continue the firing sequence of weapons that expel a projectile by the action of an explosive. 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 . Licensed manufacturers and licensed importers may continue to identify firearms of the same design and configuration as they existed before [EFFECTIVE DATE OF THE FINAL RULE] with the information required to be marked by paragraphs (a)(1) and (2) of this section that were in effect prior to that date, and any rules necessary to ensure such identification shall remain effective for that purpose. 76. For additional requirements relating to imported firearms, see Customs regulations at 19 CFR part 134. 18 U.S.C. 65. Accordingly, prohibited persons have easily obtained them. Under Section 603(b) of the RFA, the regulatory flexibility analysis must provide or address: One of the reasons ATF is considering this proposed regulation is the failure of the market to compensate for negative externalities caused by commercial activity. Accordingly, the Department and ATF have promulgated regulations implementing the GCA and NFA. The engraving, casting, or stamping (impressing) of the serial number and additional information must be to a minimum depth of .003 inch and in a print size no smaller than 1/16 inch. The Rule just changes the process of building your firearm this way. For more details, please refer to Chapter 8 of the Regulatory Impact Analysis. For the purposes of the National Firearms Act, the term "Any Other Weapon" means: 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; c. In paragraph (a)(1)(iv)(G), remove serial number and add in its place serial number(s). (iv) Size and depth of markings. See Ala. Code section 13A-11-64; Alaska Stat. section 16-9-70; Haw. This proposed rule would require licensed dealers and collectors to store their Forms 4473 or AD records indefinitely. Additionally, a firearm frame or receiver that is not a component part of a complete weapon at the time it is sold, shipped, or disposed of must be identified in the manner prescribed with a serial number and all of the other required markings. Estimate of Total Annual Burden: The current burden listed in this collection of information is 201,205 hours. 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. Burden of Response: This includes recurring time burden of 1 minute. Numerous courts have held that weapons designed to expel a projectile by the action of an explosive are firearms under 18 U.S.C. 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). However, no ATF Form 4473 or NICS background check would be required upon return of the marked firearm to the person from whom it was received, pursuant to 27 CFR 478.124(a). documents in the last year, 274 5 U.S.C. 1997) (shotgun with broken breech bolt); United States v. Hunter, 101 F.3d 82 (9th Cir. is not designed or redesigned for using rimfire or conventional centerfire . In the event the licensee records a duplicate entry with the same firearm and acquisition information, whether to close out an old record book or for any other reason, the licensee shall record a reference to the date and location of the subsequent entry (e.g., date of new entry, book name/number, page number, and line number) as the disposition. Bureau of Alcohol, Tobacco, Firearms and Explosives. While every effort has been made to ensure that Because it assists law enforcement in this manner, we find its preservation is not only a substantial but a compelling interest.). . Such alternate records shall not be employed by the licensed importer until approval in such regard is received from the Director. See, e.g., Abramski v. United States, 573 U.S. 169 (2014); Marshall v. Commonwealth, 822 S.E.2d 389 (Va. App. Each request would be submitted in writing or on an ATF form 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. The proposed amendments would enhance public safety by ensuring that records of active licensees will be available for tracing purposes. This rule is consistent with ATF enforcement policy. 1996) (pistol with broken firing pin); United States v. Yannott, 42 F.3d 999, 1005 (6th Cir. Should the current definition remain in place and courts continue to interpret it such that no part or parts of most firearms are defined as the frame or receiver, these unserialized parts, easily purchased and assembled to create functioning firearms, would be untraceable, thereby putting the public at risk. When used in this part, the term serial number shall mean the importer's or manufacturer's serial number.. 552(a); 18 U.S.C. 26 U.S.C. See United States v. Smith, 642 F.2d 1179, 1182 (9th Cir. This definition and factors considered in determining whether a weapon, including a weapon parts kit, or unfinished or damaged frame or receiver may readily be assembled, completed, converted, or restored to function are based on case law interpreting the terms may readily be converted to expel a projectile in 18 U.S.C. Using the information obtained from those required records, ATF then contacts each licensed dealer or other licensee who recorded their receipt and disposition to locate the first unlicensed purchaser to help find the perpetrator or otherwise solve the crime. [45] 15 U.S.C. 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). In paragraph (b)(1)(iv)(G), remove the words serial number and add in Start Printed Page 27749their place the words serial number(s); c. In paragraph (c)(2)(ii), remove the word manufacturer and add in its place the word manufacturer(s); d. In paragraph (c)(2)(iii), remove country of manufacturer and add in its place country or countries of manufacturer(s) of the firearm or privately made firearm (if privately made in the United States); and. Statement of Sen. McClure ) documents in the last year, 274 5.! 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Essentially frames and receivers Officer Daniel Hoffman at Doc resulted in some traces of firearms involved crimes.

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