For a more detailed analysis, please refer to Chapters 1 and 10 of the Regulatory Impact Analysis. section 134-10; Idaho Code Ann. The authority citation for 27 CFR part 447 continues to read as follows: Authority: 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] This amendment would make clear that businesses that routinely repair or customize existing firearms, make or fit special barrels, stocks, or trigger mechanisms, or mark firearms as a service performed on firearms not for sale or distribution by a licensee, may be licensed as dealer-gunsmiths rather than as manufacturers. 58. Notice of proposed rulemaking; request for comment. The NFA is a national registry [] For PMFs acquired by licensees before the effective date of the rule, licensees would be required to mark or cause them to be marked by another licensee either within 60 days from that date, or before the date of final disposition (including to a personal collection), whichever is sooner. 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. 2020) (This `naked eye test' best comports with the ordinary meaning of `altered'; it is readily applied in the field and in the courtroom; it facilitates identification of a particular weapon; it makes more efficient the larger project of removing stolen guns from circulation; it operates against mutilation that impedes identification as well as mutilation that frustrates it; and it discourages the use of untraceable weapons without penalizing accidental damage or half-hearted efforts.). Complete weapons or complete muffler or silencer devices, as defined in this rule, would be allowed to be marked up to seven days from completion of the active manufacturing process for the weapon or device, or prior to disposition, whichever is sooner. 1997) (shotgun with broken breech bolt); United States v. Hunter, 101 F.3d 82 (9th Cir. Alternate Means or Period of Identification, 7. [31] The Attorney General is responsible for enforcing the GCA, as amended, and the NFA, as amended. 15 U.S.C. 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. The Public Inspection page may also 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. (1) Marking of ammunition. (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. on 47. The form is typically the key evidence that the straw purchaser who bought the firearm (and who can pass a background check) made a false statement to the Federal firearms licensee concerning the identity of the actual purchaser when acquiring that firearm, in violation of 18 U.S.C. 30. Further, marks help prove in certain criminal prosecutions that firearms used in a crime have travelled in interstate or foreign commerce.). For purposes of this paragraph, firearms actively awaiting materials, parts, or equipment repair to be completed are actively in the manufacturing process. 922(k), which prohibits their removal, obliteration, or alteration. 5. 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. Penal Code section 31.11; Utah Code section 76-10-521 (handguns); Va. Code Ann. of licensee; or Form 4473 Serial No. Otherwise, we will not have tracing capability. 25. Readily. A firearm other than a muffler or silencer that contains all component parts necessary to function as designed whether or not assembled or operable. The additions and revisions read as follows: Complete muffler or silencer device. 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. Furthermore, there may be a savings for individual owners of silencers. ATF anticipates only minimal costs associated with moving the serial number and other identifying information from the end cap or adding the same information to the outer tube on certain silencers. Return of the registered silencer to the registrant may likewise be accomplished by submission of an ATF Form 5 or by a letter from the FFL to the registrant that accompanies the silencer. 77. the material on FederalRegister.gov is accurately displayed, consistent with on Licensees would be able to refuse to accept PMFs, or arrange for private individuals to have them marked by another licensee before accepting them, provided they are properly marked in accordance with this proposed rule. This count refers to the total comment/submissions received on this document as reported by Regulations.gov (last updated on 11/05/2021 at 11:30 pm). Information Required To Be Marked on the Frame(s) or Receiver(s), 6. This proposed rule would update the existing definition of frame or receiver to account for the majority of technological advances in the industry and ensure that these firearms continue to remain under the regulatory regime as intended by the enactment of the GCA, including accounting for manufacturing of firearms using multiple manufacturers. A process that is fairly or reasonably efficient, quick, and easy, but not necessarily the most efficient, speedy, or easy process. Over the years, licensed importers and manufacturers have asked ATF to allow them to consolidate their records of importation or manufacture and acquisition and disposition of firearms, rather than maintaining separate records as required by 27 CFR 478.122(d) and 478.123(d). This PDF is 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. The Regulatory Impact Analysis is available on www.regulations.gov in the same docket as this rule. Executive Order 13563 (Improving Regulation and Regulatory Review) emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. The second largest impact would be $12,828 if a manufacturer had to retool their existing production equipment, but ATF anticipates this is unlikely because this proposed rule encompasses the majority of existing technology. When a firearm is disposed to an unlicensed person, licensees are required to complete a Firearms Transaction Record, ATF Form 4473 (Form 4473). section 29-11.9-103(1); Conn. Gen. Stat. 923(g)(1)(A); 27 CFR 478.122, 478.123. 227. Under the provisions of this proposed rule, there would be a one-time increase in paperwork burdens of identification markings placed on firearms as well as additional transaction records. 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. 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. Accordingly, the Department and ATF have promulgated regulations implementing both the GCA and the NFA. 804. establishing the XML-based Federal Register as an ACFR-sanctioned Most concerning is that the interpretation of these definitions by some courts, relying on the current regulations, would make it easier to obtain the majority of existing firearms, including some of the most advanced semiautomatic weapons, without complying with the requirements of the GCA, and make it far more difficult to trace those firearms after a crime. 40. Next, the new definition more broadly describes a frame or receiver as one that provides housing or a structure designed to hold or integrate any fire control component. 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. Thus, this definition includes only the major parts of the firearm, that is, the frame or receiver.); S. Rep. No. edition of the Federal Register. 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. The following are nonexclusive examples that illustrate this definition: (a) Firearm muffler or silencer frame or receiver. 601(6). At the time these definitions were published around 50 years ago, single-framed firearms such as revolvers and break-open shotguns were far more prevalent for civilian use than split/multi-piece receiver weapons, such as semiautomatic rifles and pistols with detachable magazines. at the business or collection premises readily accessible for inspection. See Internal Colt Memorandum from B. Northrop, Feb. 2, 1973, p.2 (noting that there were 2,752,812 military versus 25,774 civilian (Sporters) serialization of AR-15/M-16 rifles then manufactured). Code section 9.41.190 (prohibiting the manufacture with intent to sell of undetectable and untraceable firearms); see also Philadelphia Becomes First City To Ban 3D-Printed Gun Manufacturing, 70. (c) Voluntary classification of firearms and armor piercing ammunition. 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