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. This "receiver," even without the rest of the weapon, is legally considered a firearm in itself. More information and documentation can be found in our The manufacturer or importer can then mark without needing to ask ATF for a classification. daily Federal Register on FederalRegister.gov will remain an unofficial edition of the Federal Register. Descriptions of any significant alternatives to the proposed rule which accomplish the stated objectives of applicable statutes and which minimize any significant economic impact of the proposed rule on small entities. 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. Notice of proposed rulemaking; request for comment. States can require markings on firearms for individuals. This responsibility includes the authority to promulgate regulations necessary to enforce the provisions of the GCA and NFA. This rule defines the term complete muffler or silencer device not to say that individual silencer parts are not considered a firearm muffler or silencer subject to the requirements of the NFA, but to advise industry members when those individual silencer parts must be marked and registered in the NFRTR when they are used in assembling or fabricating a muffler or silencer device. ATF estimates the majority of affected entities are small entities that would experience a range of costs; therefore, this rule may have a significant impact on small entities. Unless previously identified by another licensee, PMFs acquired by licensees on or after the effective date of the rule would need to be marked in this manner within seven days of receipt or other acquisition (including from a personal collection), or before the date of disposition (including to a personal collection), whichever is sooner. 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. ATF specifically requests comments on the feasibility of implementing the new definition of firearm frame or receiver in 27 CFR 478.11 and 27 CFR 479.11, and related definitions and amendments that ensure the proper marking, recordkeeping, and traceability of all firearms manufactured, imported, acquired and disposed by Federal firearms licensees. The United States military services have adopted variants of the Sig Sauer P320 as their official side arm, and are in the process of purchasing up to 500,000 of these striker-fired pistols. See also H.R. 67. This rule is also consistent with the Second Amendment. In the table Firearms Acquisition and Disposition Record remove Name and address or name and license No. and add in its place Name and address of nonlicensee; or if licensee, name and License No., and remove Address or License No. 6. The total 10-year discounted cost of the rule is $1.0 million and $1.2 million at 7 percent and 3 percent respectively. 5842(b), or were accidentally removed, damaged, or worn due to routine use or other innocent reason. 26 CFR 177.50 (rescinded). ATF considered various alternatives when preparing this proposed rule. The term small entities comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of fewer than 50,000 people. 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]. 921(a)(10); 26 U.S.C. 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. [33] Incorporation of this metal plate along with other metal components would also help ensure that the polymer firearm does not violate the Undetectable Firearms Act, 18 U.S.C. Although the new definition would more broadly define the term frame or receiver than the current definition, it is not intended to alter any prior determinations by ATF of what it considers the frame or receiver of a particular split/modular weapon. 923(g)(1)(A) and (B). In this regard, the proposed rule would make a distinction between the manufacture or making of a complete weapon or complete muffler or silencer device, and each part, including a replacement part, defined as a frame or receiver, machinegun, 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. 18 U.S.C. 22 U.S.C. To clarify this process, this proposed rule would set forth the procedure and conditions by which persons may voluntarily submit such requests to ATF. 902(i). Stat. 921-931; 44 U.S.C. This proposed rule would not change the existing requirements for size and depth of markings in 27 CFR 478.92(a)(1) and 479.102(a), but for sake of clarity, consolidates them into a standalone paragraph along with the existing method of measuring the size and depth of markings set forth in 27 CFR 478.92(a)(5) and 479.102(b). 5845(b). Likewise, the absence of identifying firearm information on multiple sales forms and theft/loss reports makes it more difficult for ATF to identify firearms traffickers and thieves. The proposed changes would require Federal firearms licensees to retain all records until business or licensed activity is discontinued, either on paper or in an electronic format approved by the Director,[75] No. 1953) (True enough, [these fishing rod kits] might be called `blanks' by those engaged in the trade, but what could they be called or to what practical use could they be put other than `fishing rods?' b. 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. This may result in no part of a firearm being regulated as a frame or receiver contrary to the requirements in the GCA that ensure tracing to solve crime and help prevent prohibited persons from coming into possession of weapons. Add a sentence after the fifth sentence; c. In paragraph (f)(2) table Firearms Collectors Acquisition and Disposition Record, remove Manufacturer and add in its place Manufacturer(s), remove the words importer (if any) and add in their place importer(s) (if any) of the firearm or privately made firearm (if privately made in the United States), and remove the words Serial No. and add in their place Serial number(s); and, (e) * * * 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. 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. section 790.27; Ga. Code. 922(a)(1)(A); id. 4, 2020), https://www.nextgov.com/emerging-tech/2020/03/tsa-confiscated-3d-printed-guns-raleigh-durham-international-airport/163533/;;; Man Sentenced for Attempting to Board International Flight with a Loaded Firearm, DOJ Office of Public Affairs (Mar. 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. [50], Nonetheless, like the definition of frame or receiver for projectile weapons, this sub-definition would be flexible enough to encompass changes in technology and parts terminology. nothing in this rule would restrict persons not otherwise prohibited from possessing firearms from making their own firearms at home without markings solely for personal use (not for sale or distribution) in accordance with Federal, State, and local law. 60, Hrg. A complete weapon would be defined as a firearm other than a firearm muffler or firearm silencer that contains all component parts necessary to function as designed whether or not assembled or operable. Likewise, a complete muffler or silencer device would be defined as a firearm muffler or firearm silencer that contains all of the component parts necessary to function as designed whether or not assembled or operable. These definitions are needed to explain when a frame or receiver of a firearm, including a firearm muffler or silencer, as the case may be, must be marked. While this proposal assures that they won't change their rulings on what parts constitute, legally, a . ATF Internal Revenue Service Memoranda #21208 (Mar. 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). (ii) Model, caliber or gauge, foreign manufacturer, country of manufacture. In paragraph (a)(2)(ii), remove manufacturer of the defense article and add in its place manufacturer(s) of the defense article or privately made firearm (if privately made in the United States); b. at 922(u) (stealing a firearm that has been shipped or transported in interstate or foreign commerce from the person or premises of an FFL); id. A person who, as a service performed on existing firearms not for sale or distribution by a licensee, devotes time, attention, and labor to repairing or customizing firearms, making or fitting special barrels, stocks, or trigger mechanisms to firearms, or identifying firearms in accordance with this chapter, as a regular course of trade or business with the principal objective of livelihood or profit, but such term shall not include a person who occasionally repairs or customizes firearms, or occasionally makes or fits special barrels, stocks, or trigger mechanisms to firearms; Firearm. Licensees must respond to ATF trace requests within 24 hours. The President of the United States issues other types of documents, including but not limited to; memoranda, notices, determinations, letters, messages, and orders. 01/18/2023, 159 921(a)(3)(C), 923(i). See How to Properly Destroy Firearms, ATF.gov, https://www.atf.gov/firearms/how-properly-destroy-firearms;; ATF Rul. PMFs currently in inventory that a licensee chooses not to mark may also be destroyed or voluntarily turned in to law enforcement within the 60-day period. 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. if such forms filed numerically; i. at 479.11. The new burden, as a result of this proposed rulemaking, is a one-time hourly burden of 3,022 (6,044 respondents * 2 responses * 0.25 hourly burden per respondent). For purposes of this definition, the term destroyed means that the frame or receiver has been permanently altered not to provide housing or a structure that may hold or integrate any fire control or essential internal component, and may not readily be assembled, completed, converted, or restored to a functional state. Code tit. 2010) (distinguishing dealer-gunsmiths from manufacturers). The serial number identified on each part of a weapon, including a weapon parts kit, defined as a frame or receiver must be the same number, but must not duplicate any serial number(s) placed by the licensee or maker on any other firearm. documents in the last year, 16 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). 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. 18 U.S.C. 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