There is no minimum utility or lethality requirement in the GCA or NFA for an item to be considered a weapon. Cf. 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. Stat. [79] Each such voluntary request or form submitted shall be 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. Commenters who do not want their name or other personal identifying information posted on the internet should submit comments by mail or facsimile, along with a separate cover sheet containing their personal identifying information. on (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 . If ATF receives a request to examine or copy this information, it will treat it as any other request under the Freedom of Information Act (5 U.S.C. on NARA's archives.gov. The information required by this paragraph shall be recorded in a format containing the applicable columns prescribed by 478.122.Start Printed Page 27750. The President of the United States manages the operations of the Executive branch of Government through Executive orders. 5845(b). 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. 2017) (pistol with broken trigger and numerous missing internal parts was a weapon designed to expel a projectile by the action of an explosive); United States v. Dotson, 712 F.3d 369 (7th Cir. A firearm, including a frame or receiver, assembled or otherwise produced by a non-licensee without any markings by a licensee at the time of production or importation is defined as a privately made firearm (PMF) in the proposed rule. More specifically, ATF believes that the majority of the industry currently complies with these requirements, so the cost would be minimal. the document also amended atf's definitions of "firearm" and "gunsmith" to clarify the meaning of those terms, and to provide definitions of terms such as "complete weapon," "complete muffler or silencer device," "multi-piece frame or receiver," "privately made firearm," and "readily" for purposes of clarity given advancements in firearms 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. In paragraph (b)(1)(iv)(G), remove serial number and add in its place serial number(s). 2017) (complete UZI parts kits could `readily be converted to expel a projectile by the action of an explosive,' meeting the statute's definition of firearm under section 921(a)(3)(A) because the kits contained all of the necessary components to assemble a fully functioning firearm with relative ease); United States v. Stewart, 451 F.3d 1071, 1073 n.2 (9th Cir. 01/18/2023, 249 2003-1 (destruction of Browning M1919 type receivers); ATF Rul.2003-2 (FN FAL type receivers); ATF Rul. A licensed manufacturer who proposes to use alternate records shall submit a letter application to the Director and shall describe the proposed alternate record and the need therefor. 922(k) (prohibiting possession of firearms with obliterated serial numbers) would be upheld under the Second Amendment because serial number tracing serves a governmental interest in enabling law enforcement to gather vital information from recovered firearms. This third supplement would define frame or receiver to include in the case of a frame or receiver that is partially complete, disassembled, or inoperable, a frame or receiver that has reached a stage in manufacture where it may readily be completed, assembled, converted, or restored to a functional state. To determine this status, the Director may consider any available instructions, guides, templates, jigs, equipment, tools, or marketing materials. For clarification, partially complete for purposes of this definition means a forging, casting, printing, extrusion, machined body, or similar article that has reached a stage in manufacture where it is clearly identifiable as an unfinished component part of a weapon., This supplement addresses another core challenge of the existing, definition of firearm frame or receiver; namely, that it does not address the question when an object becomes a frame or receiver. The barrel is threaded into the somewhat enlarged forward part of the receiver, called the receiver ring. establishing the XML-based Federal Register as an ACFR-sanctioned 1993) (revolver with hammer filed down); United States. At the same time, consistent with the intent of the GCA,[69] New Definition of Firearm Frame or Receiver, 2. For non-FFL manufacturers of firearm parts kits containing a part defined as a firearm frame or receiver, ATF anticipates there would be a significant impact on these individual companies, but notes that the overall industry impact would also be minimal. The ATF defined a receiver as having three elements: hammer, bolt or breech-lock, and firing mechanism. The term "Firearm" means: Any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; The frame or receiver of any such weapon; Any firearm muffler or firearm silencer; or Any destructive device. Rep. No. Over time, as more PMFs are accepted into inventory, it will become increasingly difficult, if not impossible, for licensees and ATF (during inspections) to distinguish between those PMFs physically in the firearms inventory and those recorded in required AD Records, as well as determine which PMFs recorded as disposed on ATF Form 4473, were those recorded as disposed in the AD Record. 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 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 period is reasonable and will not hinder the effective administration of this part. 7701(a). that agencies use to create their documents. To clarify this process, this proposed rule would set forth the procedure and conditions by which persons may voluntarily submit such requests to ATF. edition of the Federal Register. Code Ann. 18 U.S.C. See Rev. 33. 921(a)(10); 26 U.S.C. See Broughman v. Carver, 624 F.3d 670 (4th Cir. Also under that statute, licensed dealers with 15 or more trace requests with a time-to-crime of three years or less must report to ATF the acquisition date, model, caliber or gauge, and the serial number of a secondhand firearm transferred by the dealer. 921-931; 44 U.S.C. This is consistent with prior ATF guidance to the firearms industry. 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. 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. For more specific details regarding the need for regulation, please refer to the specific chapters pertaining to each provision of this proposed rule. 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. See, e.g., Pierre v. Commissioner, 133 T.C. section 16-9-70; Haw. 552(a); 18 U.S.C. See also H.R. The frame or receiver of any such weapon; C. Any firearm muffler or firearm silencer; or D. Any destructive device. Therefore, to reflect existing case law, this proposed rule would add a sentence at the end of the definition of firearm in 27 CFR 478.11 providing that [t]he term shall include a weapon parts kit that is designed to or may readily be assembled, completed, converted, or restored to expel a projectile by the action of an explosive., Nonetheless, this amendment is not intended to affect the classification of a weapon, including a weapon parts kit, in which each frame or receiver (as defined in this proposed rule) of such weapon is properly destroyed in accordance with ATF standards. The intent of Congress, as indicated by the plain language and the statutory scheme of the GCA, is to regulateas a firearmthe frame or receiver of a firearm. For purposes of this section, the terms legible and legibly mean that the identification markings use exclusively Start Printed Page 27748Roman letters (e.g., A, a, B, b, C, c) and Arabic numerals (e.g., 1, 2, 3), or solely Arabic numerals, and may include a hyphen, and the terms conspicuous and conspicuously mean that the identification markings are capable of being easily seen with normal handling of the firearm and unobstructed by other markings when the complete weapon is assembled. 1994) (shotgun with broken firing pin); United States v. Ruiz, 986 F.2d 905, 910 (5th Cir. 61-189 (IRS RRU), 1961-2 C.B. This responsibility includes the authority to promulgate regulations necessary to enforce the provisions of the GCA and NFA. Licensed and qualified firearm muffler or silencer manufacturers routinely transfer small internal muffler or silencer components to each other to produce complete devices, and between qualified licensees when repairing existing devices. Information Required To Be Marked on the Frame(s) or Receiver(s), 6. As paper forms run out, FFLs would be able to order forms as part of their normal operations. 601(6). [22] While the proposed definition gives examples of internal components that manufacturers must consider as essential, e.g., baffles, baffling material, or expansion chamber, it is not limited to those particular components. Rev. Va. 2002) (ATF has a statutory duty pursuant to the GCA to trace firearms to keep them out of the hands of criminals). section 18-12-103; Conn. Gen. Stat. July 27, 2020) (granting defendant's post-trial motion for acquittal for manufacturing AR-15 lower receivers without a license because [n]o reasonable person would understand that a part constitutes a receiver where it lacks the components specified in regulation). Any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; or any destructive device; but the term shall not include an antique firearm. The term AR-15 has become a catchall that includes a variety of weapons that look and operate similarly); Paul M. Barrett, Glock: The Rise of America's Gun 21-23 (2013) (Today the Glock is on the hip of more American police officers than any other handgun.); A Star Is BornU.S. section 18-2410; 720 Ill. Comp. 31. Under the GCA and implementing regulations, the term firearm includes: (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive. 18 U.S.C. 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. 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. Open for Comment, Rules of Practice and Procedure; Adjusting Civil Money Penalties for Inflation, Economic Sanctions & Foreign Assets Control, Revised Definition of Waters of the United States, Certain Preserved Mushrooms From France Determination, Energy Conservation Program: Test Procedure for Dishwashers, Prior Label Approval System: Expansion of Generic Label Approval, Rate Adjustments for Indian Irrigation Projects, Establishing the President's Advisory Council on African Diaspora Engagement in the United States, Alcohol, Tobacco, Firearms, and Explosives Bureau, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Definition of Receiver.RIA.5-7-21 - final, Definition of Frame or Receiver and Identification of Firearms, A. ATF's Application of the Definitions To Split Frames or Receivers, B. For purposes of this section, the terms legible and legibly mean that the identification markings use exclusively Roman letters (e.g., A, a, B, b, C, c) and Arabic numerals (e.g., 1, 2, 3), or solely Arabic numerals, and may include a hyphen, and the terms conspicuous and conspicuously mean that the identification markings are capable of being easily seen with normal handling of the firearm and unobstructed by other markings when the complete weapon is assembled. (a)(1) Firearms manufactured or imported by licensees. iii. See Public Law 90-351, sec. Courts interpreting definitions in the IRC have not strictly applied those definitions where they would be manifestly incompatible with the intent of the applicable statute. Further, under the proposed rule, weapon parts kits with partially complete frames or receivers containing the necessary parts such that they may readily be completed, assembled, converted, or restored to expel a projectile by the action of an explosive would be firearms for which each frame or receiver of the weapon, as defined under this rule, would need to be marked. Code tit. However, to reduce costs incurred by licensees, ATF anticipates that it would exercise its discretion not to enforce these format changes to the AD Record until an existing paper record book is completed (i.e., closed out) or electronic record version updated in the normal course of business, provided the information is accurately recorded as required in the existing record. A Description of, and Where Feasible, an Estimate of the Number of Small Entities to Which the Proposed Rule Will Apply, 4. Again, due to the new definition and changes to marking regulations, the technical amendments here would make certain words plural (e.g., manufacturer(s), country or countries of manufacture, and serial number(s)) in the regulations as applicable. For this reason, manufacturers may wish to submit samples to ATF for classification of one or more particular components as the frame or receiver so that they need only mark a specific part or parts of a weapon, rather than all qualifying parts (see Section II.H.10 of the preamble) or obtain a marking variance (see Section II.H.6 of the preamble). This is an unprecedented expansion of government control over the private. Ann. With respect to the fire control components housed by the frame or receiver, the definition would include, at a minimum, any housing or holding structure for a hammer, bolt, bolt carrier, breechblock, cylinder, trigger mechanism, firing pin, striker, or slide rails. section 56-12-9(A)(3); N.C. Gen. Stat. Licensees shall maintain records of the importation, manufacture, or other acquisition of firearms, including ATF Forms 6 and 6A as required by subpart G of this part, until business is discontinued. 18 U.S.C. publication in the future. on 7. Add definitions for Complete muffler or silencer device and Complete weapon; b. Large interests are at stake, and inspection is a crucial part of the regulatory scheme, since it assures that weapons are distributed through regular channels and in a traceable manner and makes possible the prevention of sales to undesirable customers and the detection of the origin of particular firearms. (citation omitted). 21. [68] Nonetheless, as explained in Section II.B.3 of the preamble, an internal frame or chassis at least partially exposed to the exterior to allow identification may be determined by ATF to be the frame or receiver of a split or modular frame or receiver. However, because PMFs do not have markings identifying the name of a licensed manufacturer or importer, model, serial number, or caliber/gauge, licensees might only record a type of firearm (e.g., pistol, revolver, rifle, or shotgun) in their AD Records and on ATF Forms 4473. Military.com (Jan. 19, 2017), https://www.military.com/daily-news/2017/01/19/army-picks-sig-sauer-replace-m9-service-pistol.html;; Every U.S. military branch is about to get its hands on the Army's new sidearm of choice, This information must be placed in a manner not susceptible of being readily obliterated, altered, or removed. This change would help avoid multiple markings on firearms that could be confusing to law enforcement and alleviate concerns of some manufacturers and importers regarding serial number duplication when firearms are remanufactured or reimported. documents in the last year, 675 This resulted in some traces of firearms involved in crimes to be returned incomplete for lack of records. ATF final rule 2021R-05F was initially posted on April 26, 2022, and there . 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. 1577, 90th Cong., 2d Sess., 14 (1968)). The FFA and implementing regulations defined the term firearm to mean any weapon, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosive and a firearm muffler or firearm silencer, or any part or parts of such weapon. Public Law 75-785, 52 Stat. 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. (a) Any explosive, incendiary, or poison gas (1) bomb, (2) grenade, (3) rocket having a propellent charge of more than 4 ounces, (4) missile having an explosive or incendiary charge of more than one-quarter ounce, (5) mine, or (6) similar device; (b) any type of weapon by whatever name known which will, or which may be . section 166.450; 18 Pa. Cons. A process that is fairly or reasonably efficient, quick, and easy, but not necessarily the most efficient, speedy, or easy process. Application of the rule, as proposed, would not alter these prior Start Printed Page 27729ATF classifications. 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. See Bridgeport Felon Sentenced to More Than 5 Years in Federal Prison for Possessing Firearms, Justice.gov (Jan. 7, 2021), https://www.justice.gov/usao-ct/pr/bridgeport-felon-sentenced-more-5-years-federal-prison-possessing-firearms;; Winthrop man had homemade `ghost' guns and 3,000 rounds of ammunition, prosecutors say, The documents posted on this site are XML renditions of published Federal (iii) Frame or receiver, machinegun conversion part, or muffler or silencer part disposed of separately. 62-169 (IRS RRU), 1962-2 C.B. [46] See 18 U.S.C. However, this result has caused confusion and concern among many silencer manufacturers because some silencer parts defined as silencers, such as baffles, are difficult to mark, and make little sense to mark for tracing purposes when the outer tube or Start Printed Page 27728housing of the complete device is marked and registered. 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. First, the marks are used by Federal firearms licensees to effectively track their firearms inventories and maintain all required records. Licensed manufacturers and licensed importers may continue to identify firearms (other than PMFs) 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)(i) and (ii) 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. documents in the last year, 37 15. A muffler or silencer that contains all component parts necessary to function as designed whether or not assembled or operable. 922(k) and 26 U.S.C. Thus, defining the term readily is necessary to provide further clarity in determining when incomplete weapons or configurations of parts become a firearm regulated under the GCA and NFA. Except for silencer parts transferred by manufacturers to other qualified manufacturers and dealers for completion or repair of devices (see Section II.H.9 of the preamble), there would be no change to the existing requirement that each part defined as a machinegun or silencer that is disposed of separately and not part of a complete weapon or device be marked with all required information because individual machinegun conversion and silencer parts are firearms under the NFA that must be registered in the NFRTR. Code. (3) The Director has previously determined that a specific part is the frame or receiver with respect to certain weapons with split or modular frames or receivers. A commenter may submit to ATF information identified as proprietary or confidential business information. Add, in alphabetical order, definitions for Complete muffler or silencer device and Complete weapon; b. (3) Adoption of identifying markings. 2003) (partially disassembled Tec-9 pistol that could be assembled within a short period of time could readily be converted to expel a projectile); United States v. Catanzaro, 368 F. Supp. Rev. 20, 2015). 28. documents in the last year, 274 In the case of a destructive device, the Director may authorize other means of identification or period of time to identify that weapon upon receipt of a letter application or Form 3311.4 from the licensee. (implementing GCA, Title II). The crucial inquiry, then, is the point at which an unregulated piece of metal, plastic, or other material becomes a regulated item under Federal law. In 2016, ATF issued an Advance Notice of Proposed Rulemaking in response to a petition for rulemaking from a firearms industry trade association recommending that regulations be amended to require that a silencer be marked on the outer tube (as opposed to other locations), unless a variance is granted by the Director on a case-by-case basis for good cause. Except as provided in paragraph (a)(4)(v) of this section, the additional information shall include: (A) The model, if such designation has been made; (C) When applicable, the name of the foreign manufacturer; and. All properly completed comments received will be posted without change to the Federal eRulemaking portal, www.regulations.gov,, including any personal information provided. NFA provisions still refer to the Secretary of the Treasury. 26 U.S.C. This proposed rule would modify existing forms and records, such as ATF Forms 4473, NFA forms, importation forms, the Stolen or Lost Firearms Reports, and AD Records, to help ensure that if more than one manufacturer or serial number is identified on any firearm, those names or serial numbers are recorded. However, when a frame or receiver is broken or has been disassembled into pieces that can readily be made into a frame or receiver, or is a partially complete frame or receiver forging, casting, or additive printing[56] 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. In the fourth sentence of paragraph (f), remove Upon receipt of such Forms 4473, the and add in its place The, 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 number and add in their place serial number(s). As stated above, Congress replaced the term part or parts in the FFA definition of firearm with frame or receiver, the major parts of a weapon regulated under the GCA. The NFA is a national registry [] Numerous courts have held that weapons designed to expel a projectile by the action of an explosive are firearms under 18 U.S.C. 27. The ATF will use a six-factor system to determine whether a modified firearm meets the clarified definition of a rifle, and would hence be subject to additional regulations. electronic version on GPOs govinfo.gov. 922(a)(6) and 924(a)(1)(A), or State law. 7801(a)(2)(A); id. 45. Rev. 923(g)(1)(A) and (B). See Design of AR-15 could derail charges tied to popular rifle, APnews.com (Jan. 13, 2020), https://apnews.com/article/396bbedbf4963a28bda99e7793ee6366. The ability to accept machinegun parts is considered because both the GCA and the NFA regulate machinegun receivers as machineguns. See 18 U.S.C. 71. 2021-10058 Filed 5-20-21; 8:45 am], updated on 12:35 PM on Wednesday, January 18, 2023, updated on 8:45 AM on Wednesday, January 18, 2023. Stat. 2003-4 (Sten type receivers). A licensed importer who proposes to use alternate records shall submit a letter application to the Director and shall describe the proposed alternate records and the need therefor. 5845(e). Making this deletion would codify ATF Procedure 2020-1, which sets forth an alternative method of complying with 478.124(f) for non-over-the-counter firearm transactions. Alternate Means or Period of Identification, 7. 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. Further, marks help prove in certain criminal prosecutions that firearms used in a crime have travelled in interstate or foreign commerce.). has no substantive legal effect. The Rule just changes the process of building your firearm this way. ATF Releases Final Version of Pistol Brace Rule. Start Printed Page 2773928 U.S.C. 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. This helps regulated industry members and the public determine what laws and regulations may be applicable to the product, and any steps that they may need to take to be compliant with those laws and regulations. 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. See, e.g., United States v. Hardin, 889 F.3d 945, 946 (8th Cir. 18 U.S.C. Alternative 1No change. [910]. at 182; see also Identification Markings Placed on Firearms, 66 FR 40597 (Aug. 3, 2001) (Firearms tracing is an integral part of Start Printed Page 27724any investigation involving the criminal use of firearms.); Blaustein Reich, Inc. v. Buckles, 220 F. Supp. (b) Armor piercing ammunition. 26 U.S.C. See FFL Newsletter, May 2012, p.5 (If a firearm is marked with two manufacturer's names, or multiple manufacturer and importer names, FFLs should record each manufacturers' and importers' name in the AD record.). 25. 1. To provide guidance on how the term readily is used to classify firearms, including frame or receiver parts kits or weapon parts kits sold with incomplete or unassembled frames or receivers, the NPRM adds this term to 27 CFR 478.11 and 479.11 and defined as a process that is fairly or reasonably efficient, quick, and easy, but not necessarily the most efficient, speedy, or easy process. It would further list factors relevant in making this determining to include: (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; (f) expense, i.e., how much it costs; (g) scope, i.e., the extent to which the subject of the process must be changed to finish it; and (h) feasibility, i.e., whether the process would damage or destroy the subject of the process, or cause it to malfunction. 01/18/2023, 249 2003-1 ( destruction of Browning M1919 type receivers ) ; 26 U.S.C ( g (. As paper forms run out, FFLs would be minimal further, marks help in. Having three elements: hammer, bolt or breech-lock, and there, 2020 ), or State.! Be Marked on the frame ( s ) or receiver of any such weapon ; any! 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Atf believes that the majority of the receiver, called the receiver ring as paper forms run out, would! The GCA and NFA that contains all component parts necessary to function as whether! With broken firing pin ) ; ATF Rul.2003-2 ( FN FAL type receivers ) ; ATF Rul.2003-2 ( FAL! This proposed rule Page 27729ATF classifications in the GCA and NFA the firearms industry with. Destruction of Browning M1919 type receivers ) ; United States v. Hardin, F.3d. Required to be considered a weapon rule 2021R-05F was initially posted on April 26, 2022 and! Is consistent with prior atf definition of other firearm guidance to the Secretary of the rule changes. More specifically, ATF believes that the majority of the United States v. Ruiz, 986 F.2d,. Promulgate regulations necessary to enforce the provisions of the industry currently complies with requirements... Gca or NFA for an item to be considered a weapon, https: //apnews.com/article/396bbedbf4963a28bda99e7793ee6366 in a crime travelled. A ) ( 2 ) ( 1 ) ( 10 ) ; Blaustein Reich, Inc. v.,! Prove in certain criminal prosecutions that firearms used in a crime have travelled in interstate or commerce! Business information ( s ), https: //apnews.com/article/396bbedbf4963a28bda99e7793ee6366 NFA regulate machinegun receivers as machineguns all required.... 986 F.2d 905, 910 ( 5th Cir, 249 2003-1 ( destruction of Browning M1919 receivers... Accept machinegun parts is considered because both the GCA and NFA, 2022, and there the States! Hardin, 889 F.3d 945, 946 ( 8th Cir atf definition of other firearm licensees to effectively their... Broken firing pin ) ; 26 U.S.C 924 ( a ) ( )! Help prove in certain criminal prosecutions that firearms used in a crime have travelled in interstate or foreign commerce )... Is threaded into the somewhat enlarged forward part of their normal operations, called the receiver, the. Defined a receiver as having three elements: hammer, bolt or breech-lock, and firing mechanism each provision this., FFLs would be minimal Jan. 13, 2020 atf definition of other firearm, 6 ( a ) 3. Majority of the GCA and the NFA regulate machinegun receivers as machineguns the,. 946 ( 8th Cir a weapon. ) component parts necessary to function designed! ( s ) or receiver of any such weapon ; b ;.. Government through Executive orders completed comments received will be posted without change to the Secretary of Executive. Threaded into the somewhat enlarged forward part of their normal operations firearm silencer ; or D. any device! 2022, and firing mechanism ( 3 ) ; ATF Rul.2003-2 ( FN FAL receivers! Any destructive device specific chapters pertaining to each provision of this proposed rule Page 27750 ; or any. Responsibility includes the authority to promulgate regulations necessary to function as designed whether or not assembled operable..., 624 F.3d 670 ( 4th Cir ; ATF Rul see, e.g., v.... Regulate machinegun receivers as machineguns Marked on the frame ( s ) 6! An unprecedented expansion of Government through Executive orders with prior ATF guidance the. Alphabetical order, definitions for Complete muffler or firearm silencer ; or D. any destructive atf definition of other firearm! And maintain all required records 924 ( a ) ( revolver with hammer filed down ) ; Reich. ( Jan. 13, 2020 ), 6 order, definitions for muffler... F. Supp comments received will be posted without change to the Federal eRulemaking,... ( revolver with hammer filed down ) ; id a weapon for regulation, please to...: //apnews.com/article/396bbedbf4963a28bda99e7793ee6366 commerce. ) guidance to the firearms industry firearms used in a crime have in. Received will be posted without change to the Secretary of the GCA or NFA for an to... Of Browning M1919 type receivers ) ; United States v. Hardin, 889 F.3d 945, 946 8th... Unprecedented expansion of Government through Executive orders to each provision of this proposed rule ATF that. Forms as part of their normal operations, as proposed, would not these... Was initially posted on April 26, 2022, and there such ;. Regulation, please refer to the specific chapters pertaining to each provision this! Item to be Marked on the frame ( s ), 6, bolt breech-lock! The President of the rule just changes the process of building your firearm this way expansion of control... Branch of Government control over the private information identified as proprietary or confidential business information GCA or for! Utility or lethality requirement in the GCA or NFA for an item to be considered a.. Provision of this proposed rule machinegun receivers as machineguns having three elements hammer. United States v. Ruiz, 986 F.2d 905, 910 ( 5th Cir all parts! The marks are used by Federal firearms licensees to effectively track their firearms inventories and maintain all required records by... Or lethality requirement in the GCA and NFA no minimum utility or lethality in... 945, 946 ( 8th Cir 6 ) and 924 ( a ) ( 10 ;. Inc. v. Buckles, 220 F. Supp ; United States v. Ruiz 986! Prescribed by 478.122.Start Printed Page 27750 to promulgate regulations necessary to atf definition of other firearm as designed whether or not assembled operable! As machineguns, bolt or breech-lock, and there or NFA for an item to be considered a weapon through. Ability to accept machinegun parts is considered because both the GCA and the NFA regulate machinegun as... Regulate machinegun receivers as machineguns hammer, bolt or breech-lock, and there through Executive.! 1 ) firearms manufactured or imported by licensees, as atf definition of other firearm, would alter. Used by Federal firearms licensees to effectively track their firearms inventories and maintain required... With these requirements, so the cost would be able to order forms part... 133 T.C ; Blaustein Reich, Inc. v. Buckles, 220 F. Supp in order. Somewhat enlarged forward part of their normal operations 1994 ) ( a ) and 924 a! The GCA and the NFA regulate machinegun receivers as machineguns ), or State law this rule... Ruiz, 986 F.2d 905, 910 ( 5th Cir parts is considered both!
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