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. iii. On May 28, 2019, citing intelligence reports by the Department of Homeland Security (DHS), the Federal Bureau of Investigation (FBI), and the National Counterterrorism Center (NCTC), the House Committee on Homeland Security issued a report concluding that [g]host guns not only pose a challenge on the front end, enabling prohibited buyers to purchase deadly weapons with just a few clicks online, but also on the back end, hamstringing law enforcement's ability to investigate crimes committed with untraceable weapons and that the wide availability of ghost guns and the emergence of functional 3D-printed guns are a homeland security threat. 7801(a)(2); 28 U.S.C. 923(g)(3)(A); 27 CFR 478.126a. if such forms filed numerically; i. 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. 921(a)(3)(A) and can be readily restored to shoot in 26 U.S.C. Frequency of Response: There will be a recurring response for all 9,056 licensed manufacturers, but only a one-time surge of 6,790 responses ((2,649 licensed dealer submissions + 710 license pawnbroker submissions + 36 non-licensed dealers) * 2 firearms or firearm kits) to licensed manufactures. 14. 18 U.S.C. The industry cost for this section would be minimal because FFLs could drop off their overflow records to ATF or have ATF ship them directly. 53. Ann. section 325J.04(Sub.1)(1); Miss. (4) Exceptions(i) Alternate means or period of identification. The columns may be in a different order than the specified format provided they contain all required information. But serial number tracing also provides agencies with vital criminology statisticsincluding a detailed picture of the geographical source areas for firearms trafficking and time-to-crime statistics which measure the time between a firearm's initial retail sale and its recovery in a crimeas well as allowing for the identification of individual dealers involved in the trafficking of firearms and the matching of ballistics data with recovered firearms.); Following the Gun, Enforcing Federal Laws Against Firearms Traffickers, ATF Publication, pp.1, 26 (June 2000) (serial number obliteration is a clear indicator of firearms trafficking to, among other criminals, armed narcotics traffickers). This proposed rule is not a major rule as defined by section 251 of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 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. 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. Minor technical amendments would also be needed in 27 CFR 447.42, 447.45, 478.112, 478.113, 478.114, and 479.112, pertaining to the importation of firearms. documents in the last year, 675 Source: ATF Office of Strategic Intelligence and Information. The industry cost for this section is $563,340. From the ATF's website, the proposed changes would: Provide new definitions of "firearm frame or receiver" and "frame or receiver, amend the definition of: "firearm" to clarify when a firearm parts kit is considered a "firearm," and "gunsmith" to clarify the meaning of that term and to explain that gunsmiths may be licensed . Like the AD Record, this form requires licensees to record the manufacturer and importer, model (if designated), serial number, type, and caliber or gauge of the firearm. In view of advancements in electronic scanning and storage technology, and ATF's acceptance of electronic recordkeeping, these amendments would reverse a 1985 rulemaking allowing non-manufacturer/importer Federal firearms licensees to destroy their records after 20 years. to include imported firearms, are considered the importer's or manufacturer's serial number protected by 18 U.S.C. Stat. The documents posted on this site are XML renditions of published Federal This would not affect future production because this work would be part of their normal operations in creating new firearms. 1973) (machinegun that would take around an eight-hour working day in a properly equipped machine shop was readily restored to shoot); United States v. 16,179 Molso Italian .22 Caliber Winler Derringer Convertible Starter Guns, 443 F.2d 463 (2d Cir. the current document as it appeared on Public Inspection on As required by the Paperwork Reduction Act of 1995 (44 U.S.C. Code section 2923.201; Okla. Stat. And when licensees sell or otherwise dispose of multiple pistols or revolvers within five consecutive business days to the same person, they must report to ATF the type, serial number, manufacturer, model, importer, and caliber on a Report of Multiple Sale or Other Disposition of Pistols and Revolvers, ATF Form 3310.4.[30]. , Mocoshow.com (April 6, 2021), https://mocoshow.com/blog/county-council-unanimously-approves-ghost-gun-bill/?fbclid=IwAR1KCyFal3AId31WKCTLanR-uEUj_-dW_T32lND5gfKmle_-nvIbZyT052. v. York, 830 F.2d 885, 891 (8th Cir. For many years, ATF has acted on voluntarily requests from persons, particularly manufacturers who are developing new products, by issuing determinations or classifications whether an item is a firearm or armor piercing ammunition as defined in the GCA or NFA. United States v. Sands, 948 F.3d 709, 719 (6th Cir. 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). Some technical amendments would be needed at 27 CFR 478.124 pertaining to information recorded on the ATF Form 4473. electronic version on GPOs govinfo.gov. By engraving, casting, stamping (impressing), or otherwise conspicuously placing or causing to be engraved, cast, stamped (impressed) or otherwise placed on each part (or specific part(s) previously determined by the Director) defined as a frame or receiver thereof, a serial number, in a manner not susceptible of being readily obliterated, altered, or removed. The OFR/GPO partnership is committed to presenting accurate and reliable 4181, imposes on the manufacturer, producer, or importer an excise tax of 10% (pistols and revolver) or 11% (other firearms) on the sales price of firearms manufactured, produced, or imported, including complete, but unfinished, weapon parts kits. A Succinct Statement of the Objectives of, and Legal Basis for, the Proposed Rule, 3. 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. 5 U.S.C. 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. 66. 22 U.S.C. However, the Homeland Security Act of 2002, Public Law 107-296, 116 Stat. The nonexclusive list identifies the frame or receiver for the following firearms: (i) Colt 1911-type, Beretta/Browning/FN Herstal/Heckler Koch/Ruger/Sig Sauer/Smith Wesson/Taurus hammer fired semiautomatic pistols; (ii) Glock-type striker fired semiautomatic pistols; (iii) Sig Sauer P320-type semiautomatic pistols; (iv) certain locking block rail system semiautomatic pistols; (v) AR-15-type and Beretta AR-70-type firearms; (vi) Steyr AUG-type firearms; (vii) Thompson M1A1-type machineguns and semiautomatic variants, and L1A1, FN FAL, FN FNC, MP 38, MP 40, and SIG 550 type firearms, and HK-type machineguns and semiautomatic variants; (viii) Vickers/Maxim, Browning 1919, and M2-type machineguns, and box-type machineguns and semiautomatic variants thereof; and (ix) Sten, Sterling, and Kel-tec Sub-2000-type firearms. Description and Number of Respondents: Currently there are 12,252 licensed manufacturers of firearms and 1,343 licensed importers. 46. The ATF is asserting that tools and information on how to make frames or receivers are, essentially frames and receivers. Submitted comments may not be available to be read until the agency has approved them. This provision is also essential if PMFs involved in crime are marked and traced directly to licensed dealers who, unlike licensed manufacturers and importers, are not presently required to maintain permanent records. Frame or receiver. This is consistent with prior ATF guidance to the firearms industry. All properly completed comments received will be posted without change to the Federal eRulemaking portal, www.regulations.gov,, including any personal information provided. at 922(t)(2),(4) (NICS background check denied if receipt of firearm by transferee would violate State law); id. The Attorney General is responsible for enforcing the Gun Control Act of 1968 (GCA), as amended, and the National Firearms Act of 1934 (NFA), as amended. (b) Exceptions(1) Alternate means or period of identification. 24. This rule is also consistent with the Second Amendment. 22. [29] 64. Under this rule, PMFs would first need to be recorded by the dealer-gunsmith as an acquisition in the licensee's AD Records upon receipt from the private owner (whether or not the licensee keeps the PMF overnight), and once marked, the licensee would update the acquisition entry with the identifying information, and then record its return as a disposition to the private owner. section 609.667; Mo. 01/18/2023, 159 599A(b)(1); 28 CFR 0.130(a)(1)-(2). 20. Form Used: The ATF 5300.9 - 4473 Firearms Transaction Record is required if you are purchasing your Title I firearm from a FFL Dealer. 18 U.S.C. Indeed, several States and municipalities have banned or severely restricted unserialized or 3D printed firearms. 923(g)(6); 27 CFR 478.39a(b). 28. Therefore, in accordance with section 6 of Executive Order 13132 (Federalism), the Attorney General has determined that this proposed rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. Alternative 2Everytown for Gun Safety petition. This rule does not require individuals to mark their personal firearms. Transfer. Counts are subject to sampling, reprocessing and revision (up or down) throughout the day. 1503 & 1507. Be signed and contain the commenter's complete first and last name and full mailing address; and. A firearm muffler or firearm silencer that contains all component parts necessary to function as designed whether or not assembled or operable. (B) Firearm muffler or silencer replacement parts transferred to qualified manufacturers or dealers to repair existing devices. Any interested person who desires an opportunity to comment orally at a public hearing should submit his or her request, in writing, to the Director of ATF within the 90-day comment period. (2) Model, caliber or gauge, foreign manufacturer, country of manufacture. More specifically, none of the internal nonstructural parts of a complete muffler or silencer device would need to be marked so long as each frame or receiver as defined in this rule is marked. 5812; 26 U.S.C. Agencies must perform a review to determine whether a rule will have such an impact. The supplement describes what it means to be a destroyed frame or receiver: One permanently altered not to provide housing or a structure that may hold or integrate any fire control or essential internal component, and that may not readily be assembled, completed, converted, or restored to a functional state. (vii) Whether classifying the component as the frame or receiver is consistent with ATF's prior classifications. We ask for public comment on the proposed collection of information to help us determine how useful the information is; whether it can help us perform our functions better; whether it is readily available elsewhere; how accurate our estimate of the burden of collection is; how valid our methods for determining burden are; how we can improve the quality, usefulness, and clarity of the information; and how we can minimize the burden of collection. 5845(b) (The term [machinegun] shall also include the frame or receiver of any such weapon [which shoots is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger].). Certain provisions may have a significant impact on certain small entities, such as non-FFL manufactures of firearm parts kits with incomplete firearm frames or receivers. This information must be placed in a manner not susceptible of being readily obliterated, altered, or removed. See also H.R. Licensed manufacturers and licensed importers may adopt the serial number(s) or other identifying markings previously placed on a firearm in accordance with this section provided that, within the period and in the manner herein prescribed, the licensee legibly and conspicuously places, or causes to be placed, on each part (or specific 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 Federal firearms license 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 shoot in 26 U.S.C silencer replacement parts transferred to qualified manufacturers or dealers repair. 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