63. Felon Pleads Guilty in Federal Court in Maryland to Illegal Possession of a Ghost Gun Firearm and Ammunition, DOJ Office of Public Affairs (Sept. 22, 2020), https://www.justice.gov/usao-md/pr/dc-felon-pleads-guilty-federal-court-maryland-illegal-possession-ghost-gun-firearm-and;; Ghost Gun and Machine Gun Conversion Device Dealer Pleads Guilty, DOJ Office of Public Affairs (Sept. 29, 2020), https://www.justice.gov/usao-edva/pr/ghost-gun-and-machine-gun-conversion-device-dealer-pleads-guilty;; Felon sentenced to more than five years in prison for arsenal of `ghost guns' and smuggled silencers, DOJ Office of Public Affairs (Oct. 9, 2020), https://www.justice.gov/usao-wdwa/pr/felon-sentenced-more-five-years-prison-arsenal-ghost-guns-and-smuggled-silencers;; Montgomery County Man Admits to Unlawfully Selling Ghost Guns, DOJ Office of Public Affairs (Nov. 5, 2020), https://www.justice.gov/usao-ndny/pr/montgomery-county-man-admits-unlawfully-selling-ghost-guns;; Drug Dealer Who Sold Ghost Guns, Silencers, and a Machinegun Sentenced to Thirty Years in Federal Prison, DOJ Office of Public Affairs (Nov. 6, 2020), https://www.justice.gov/usao-ndia/pr/drug-dealer-who-sold-ghost-guns-silencers-and-machinegun-sentenced-thirty-years-federal;; Baltimore Man Sentenced to 21 Years in Federal Prison for Five Bank Robberies, Five Armed Robberies of Liquor Stores, and Related Firearms Charges, DOJ Office of Public Affairs (Nov. 12, 2020), https://www.justice.gov/usao-md/pr/baltimore-man-sentenced-21-years-federal-prison-five-bank-robberies-five-armed-robberies;; Philadelphia Man Sentenced to 121/2 Years for Trafficking Methamphetamine and Weapons, Including `Ghost Guns,' Near Schools, DOJ Office of Public Affairs (Dec. 30, 2020), https://www.justice.gov/usao-edpa/pr/philadelphia-man-sentenced-12-12-years-trafficking-methamphetamine-and-weapons;; Vineland Boys Gang Member Pleads Guilty to Racketeering Offenses, Including Attempted Murder and Narcotics Trafficking, DOJ Office of Public Affairs (Jan. 22, 2021), https://www.justice.gov/usao-cdca/pr/vineland-boys-gang-member-pleads-guilty-racketeering-offenses-including-attempted;; Burbank Man Arrested on Federal Complaint Alleging He Sold `Ghost Guns' Out of His Hookah Lounge, DOJ Office of Public Affairs (Jan. 29, 2021), https://www.justice.gov/usao-cdca/pr/burbank-man-arrested-federal-complaint-alleging-he-sold-ghost-guns-out-his-hookah;; Saratoga County Man Admits to Unlawfully Selling Ghost Guns and Methamphetamine Distribution, DOJ Office of Public Affairs (Feb. 3, 2021), https://www.justice.gov/usao-ndny/pr/saratoga-county-man-admits-unlawfully-selling-ghost-guns-and-methamphetamine;; Orange County Man Sentenced to 10 Years in Federal Prison for Brokering Illegal Sales of `Ghost Guns,' Other Firearms, DOJ Office of Public Affairs (Feb. 8, 2021), https://www.justice.gov/usao-cdca/pr/orange-county-man-sentenced-10-years-federal-prison-brokering-illegal-sales-ghost-guns. [1] 921-931; 44 U.S.C. Since the ATF's 2012 ruling that this device does not turn a firearm with a stabilizing brace and a barrel less than 16 into a short-barreled rifle subject to the NFA, sales have skyrocketed . See 27 CFR 479.101(b); 478.92(a)(4)(iii); 479.102(f)(1). Ann. 01/18/2023, 823 if licensee, or Form 4473 Serial No. 5841(a)(1); id. The Director may authorize other means of identification or period of time to identify firearms upon receipt of a letter application or Form 3311.4 from you showing that such other identification or period is reasonable and will not hinder the effective administration of this part. This critical stage of manufacture is when the article becomes sufficiently complete to function as a frame or receiver, or may readily be completed, assembled, converted, or restored to accept the parts it is intended to house or hold.[53]. Both the cover sheet and comment must reference this docket number (2021R-05). informational resource until the Administrative Committee of the Federal Likewise, it will be difficult for licensees and ATF to accurately determine which PMFs were stolen or lost from inventory, and for police to locate stolen PMFs in the business inventories of pawnbrokers,[32] The Attorney General is responsible for enforcing the GCA, as amended, and the NFA, as amended. The amendment would also allow ATF to grant a variance from the period in which to mark firearms. 923(g)(1)(A) and (B). All Rights Reserved. #modernmateriel #patriotbrown #slateg. if Forms 4473 filed numerically would be retitled Address of nonlicensee; License No. This change is needed to ensure that acquisition records are closed out when firearms are no longer in inventory. (ii) Destructive devices. 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. Although under 478.11 and 479.11 singular terms in the regulations must always be read to include the plural form, and vice versa, these changes are necessary to ensure that more than one name, manufacturer, country, importer, or serial number, if appropriate, is recorded when completing importation forms. What is the ATF definition of a firearm? Information Required To Be Marked on the Frame(s) or Receiver(s), 6. 1993) (revolver with hammer filed down); United States. 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. 2d 118 (D. Me 2009) (denial of a motion for a new trial discussing whether the firearm sold as documented on the ATF Form 4473 and the firearm introduced at trial were the same). The President of the United States manages the operations of the Executive branch of Government through Executive orders. section 134.71(8)(c)(2). With regard to silencer repairs, in order to avoid any appearance that an unlawful transfer has taken place, ATF recommends that an Application for Tax Exempt Transfer and Registration of Firearm, ATF Form 5, be submitted for approval prior to conveying the firearm for repair or identifying the firearm. Federal Register issue. 1577, 90th Cong., 2d Sess., 14 (1968)). ATF anticipates the majority of affected entities are small entities and would experience any range of costs; therefore this rule would have a significant impact on a substantial number of small entities. daily Federal Register on FederalRegister.gov will remain an unofficial Because the agency has determined that it will, the agency has prepared an initial regulatory flexibility analysis as described in the RFA. Some of them include jigs, templates, instructions, drill bits, and tools that allow the purchaser to complete the weapon to a functional state with minimal effort, expertise, or equipment. Indeed, the internet is replete with people with no experience completing these firearms. Source: ATF Office of Strategic Intelligence and Information. Any Federal firearms licensee that sells such kits to unlicensed individuals would need to complete ATF Forms 4473, conduct NICS background checks, and abide by the recordkeeping requirements applicable to fully completed and assembled firearms. from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) over its inability to trace unmarked firearms that have been used in shootings and other crimes in recent years. 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 Start Printed Page 27747placed by a licensed manufacturer at the time the firearm was produced. While a frame or receiver is clearly within the statutory definition of what constitutes a firearm under the GCA, 18 U.S.C. Finally, the definition would make clear to persons who may acquire or possess a part now defined as a frame or receiver that is identified with a serial number that they must presume, absent an official determination by ATF or other reliable evidence to the contrary, that the part is a firearm frame or receiver without further guidance. 39. 46, 60 sections 7.4.6; 9.5.1. More specifically, ATF believes that the majority of the industry currently complies with these requirements, so the cost would be minimal. 2d 1079 (D. Or. on NARA's archives.gov. Licensed manufacturers and importers must also maintain permanent records of production or importation, as well as their receipt, sale, or other disposition of firearms, including frames or receivers. Although under 478.11 and 479.11 singular terms in the regulations must always be read to include the plural form, and vice versa, these changes are necessary to ensure that Federal firearms licensees record more than one manufacturer, importer, or serial number, if appropriate, when acquiring or disposing of firearms with multiple components marked as the frame or receiver, or that have been remanufactured or reimported by another licensee. Statutory and Executive Order Review, 1. 922(k), which prohibits their removal, obliteration, or alteration. 923(g)(5)(A), licensed dealers along the Southwest border are also required by demand letter to report to ATF multiple sales of certain rifles during five consecutive business days to the same person on ATF Form 3310.12, including the rifle's serial number, manufacturer, importer, model, and caliber. 922(a)(6) and 924(a)(1)(A), or State law. the official SGML-based PDF version on govinfo.gov, those relying on it for See 18 U.S.C. As explained in that ruling, whether the end product is to become a complete weapon or device, or a frame or receiver to be disposed of separately, firearms that are actively awaiting materials, parts, or equipment repair to be completed are still considered to be actively in the manufacturing process. provide legal notice to the public or judicial notice to the courts. c. In paragraph (a)(2)(vii), remove serial number and add in its place serial number(s). 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. The Attorney General may also inspect or examine any records relating to firearms involved in a criminal investigation that is traced to the licensee, or firearms that may have been disposed of during the course of a bona fide criminal investigation. 27 CFR 478.11. Code section 2923.201; Okla. Stat. section 45-6-326; Neb. Stat. [36], Although clarifying the definition of frame or receiver in this rule would help the firearms industry and the public understand which part of a complete weapon is the regulated frame or receiver, and more commercially manufactured frames or receivers are likely to be marked by licensed manufacturers as a result, PMFs are increasingly being made or 3D printed at home without any identifying marks, recordkeeping, or background checks. For these reasons, ATF is proposing a number of amendments to clarify how and when firearm muffler or silencer parts must be marked and registered in the NFRTR. section 134-10.2 (prohibiting unlicensed persons from producing 3D printed or parts kit firearms without a serial number); Mass. 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]. (4) Exceptions(i) Alternate means or period of identification. A licensed manufacturer qualified under this part may transfer a replacement part defined as a muffler or silencer other than a frame or receiver to a qualified manufacturer or dealer without identifying or registering such part provided that, upon receipt, it is actively used to repair a complete muffler or silencer device that was previously identified and registered in accordance with this part. For more details, please refer to Chapter 8 of the Regulatory Impact Analysis. A description of the reasons why action by the agency is being considered; A succinct statement of the objectives of, and legal basis for, the proposed rule; A description of, and where feasible, an estimate of the number of small entities to which the proposed rule will apply; A description of the projected reporting, recordkeeping and other compliance requirements of the proposed rule, including an estimate of the classes of small entities which will be subject to the requirement and the type of professional skills necessary for preparation of the report or record; An identification, to the extent practicable, of all relevant Federal rules which may duplicate, overlap or conflict with the proposed rule; and. 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