atf definition of other firearm

You need not respond to a collection of information unless it displays a currently valid control number from OMB. First, the marks are used by Federal firearms licensees to effectively track their firearms inventories and maintain all required records. Counts are subject to sampling, reprocessing and revision (up or down) throughout the day. Since it began issuing firearm classifications under the GCA and NFA in private letter rulings and for criminal investigations, ATF has considered a variety of factors when examining firearms, including: (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, such as the hammer, bolt or breechblock, and firing mechanism; (e) whether the component could 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, in accordance with regulations; (f) whether classifying the particular component is consistent with the legislative intent of the GCA and implementing regulations; and (g) whether classifying the component as the frame or receiver is consistent with ATF's prior classifications. Rev. Realistically, we need to be concerned about markings that could be worn away during normal use or markings that could survive normal refinishing processes, e.g., blueing, plating, etc. The National Firearms Act defines Any Other Weapon (AOW) as: 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; Weapons with combination shotgun and . To ensure traceability if the parts are separated, there would no longer be an option only to mark the FFL's name, city, and state on the slide or barrel. nextgov.com (Mar. Once the new device with such part is completed, the manufacturer of the device shall identify and register it in the manner and within the period specified in this part for a complete muffler or silencer device. Stat. For purposes of this paragraph, firearms actively awaiting materials, parts, or equipment repair to be completed are actively in the manufacturing process. 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. 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. Description and Number of Respondents: The current number of respondents is 9,056 firearm manufacturers, but this proposed rule would have a one-time surge for an unknown select few licensed manufacturers. documents in the last year, 534 to include imported firearms, are considered the importer's or manufacturer's serial number protected by 18 U.S.C. Similar to other firearms, because the proposed rule would now specify the seven-day grace period in which to mark all completed firearms, including destructive devices, this rule would also allow ATF to grant a variance from this period. section 527.050; La. The ATF is weighing changes to the definition of "firearm" in order to target guns built from kits and/or parts printed on 3D printers. The term "Antique Firearm" means: A. 31. The term gunsmith is not used in the GCA; however, the Firearm Owners' Protection Act, Public Law 99-308, amended the GCA to define engaged in the business as applied to dealers to clarify when gunsmiths must have a license. are not part of the published document itself. For comments submitted by mail or facsimile, information contained on the cover sheet will not appear when posted on the internet but any personal identifying information that appears within a comment will not be redacted by ATF and it will appear on the internet. Importer's or manufacturer's serial number. 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]. 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. In the case of a licensed collector, the term shall mean only curios and relics. 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. The Rule just changes the process of building your firearm this way. 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. For more details, please refer to Chapter 3 of the Regulatory Impact Analysis. 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. 552). 26 U.S.C. [15] Laws section 446.205(5)(1),(4); Minn. Stat. 15. The barrel is threaded into the somewhat enlarged forward part of the receiver, called the receiver ring. This leaked draft document from the ATF is just about as clear as mud: Definition of "Frame or Receiver" and Identification of Firearms. (j) Privately made firearms. 1994) (shotgun with broken firing pin); United States v. Ruiz, 986 F.2d 905, 910 (5th Cir. While this alternative minimizes cost, it does not meet any of the objectives outlined in this proposed rule. The conveyance may also be accomplished by submission of a letter from the registrant to the qualified FFL advising the FFL that the registrant is shipping or delivering the firearm for repair/identification and describing the repair or identification. (3) Adoption of identifying markings. The NPRM proposes adding a definition of privately made firearm to 27 CFR 478.11 to mean [a] firearm, including a frame or receiver, assembled or otherwise produced by a person other than a licensed manufacturer, and without a serial number or other identifying markings placed by a licensed manufacturer at the time the firearm was produced. The term would 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). 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. For more details, please refer to Chapter 2 of the Regulatory Impact Analysis.[77]. 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. 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/. . ch. Of the potential number of licensed dealers and licensed pawnbrokers, ATF estimates that those directly affected would be a one-time surge of 5,298 licensed dealers, 710 licensed pawnbrokers, and 36 non-licensed dealers that would be affected. 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. Paper forms over 20 years of age may be stored at a separate warehouse, which shall be considered part of the business premises for this purpose and subject to inspection under this part. [4] However, to reduce costs incurred by licensees, ATF anticipates that it would exercise its discretion not to enforce a title format change to the AD Record to add and/or PMF in the manufacturer column until an existing paper record book is completed (i.e., closed out) or electronic record version updated in the normal course of business, provided each PMF received is accurately recorded as a PMF in the manufacturer column. ATF does not believe the production of 3D printed frames or receivers is substantial at this time when compared with commercially produced firearms. Federal firearms licensees to effectively track their firearms inventories and maintain all required records 4 ) ; Minn. Stat //www.forbes.com/sites/frankminiter/2017/01/20/a-star-is-born-u-s-army-chooses-sig-sauer-p320-for-its-new-service-pistol/! ), ( 4 ) ; Minn. Stat, please refer to 2. Changes the process of building your Firearm this way your Firearm this way the! 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