Jump to content

NEW PROPOSED RULE Definition of "Frame or Receiver" and Identification of Firearms


mauserme

Recommended Posts

NEW PROPOSED RULE

Definition of "Frame or Receiver" and Identification of Firearms seal-teal_original.png teal-divide_original.png lady-justice-statue-with-paragraphs-1225 What Does the New Proposed Rule Mean

On May 7, 2021, the Attorney General signed ATF proposed rule 2021R-05, Definition of “Frame or Receiver” and Identification of Firearms. The goal of the proposed rule is to ensure the proper marking, recordkeeping, and traceability of all firearms manufactured, imported, acquired and disposed by federal firearms licensees.

This proposed rule would among others, provide new or amend previous definitions of terms related to or about “firearm frame or receivers” and “frame or receivers.” For more details on these definitions, please visit our website at: https://www.atf.gov/rules-and-regulations/definition-frame-or-receiver.

What Can You Do

ATF requests comments on the proposed rule, Definition of “Frame or Receiver” and Identification of Firearms, from all interested persons.

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.

ATF also requests comments on the costs or benefits of the proposed rule and on the appropriate methodology and data for calculating those costs and benefits.

For more information on how to submit your comments visit our website at: https://www.atf.gov/rules-and-regulations/definition-frame-or-receiver/submit-comment.

 

 

 

 

https://www.atf.gov/rules-and-regulations/definition-frame-or-receiver/summary

 

 

 

 

Summary of Proposed Rule 2021R-05

ATF's proposed rule, Definition of “Frame or Receiver” and Identification of Firearms, 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 solely to mark firearms for unlicensed persons.
  • Provide definitions for:
    • “complete weapon,”
    • “complete muffler or silencer device,”
    • “privately made firearm (PMF),” and
    • “readily” for purposes of clarity given advancements in firearms technology.
  • Provide a definition of “importer’s or manufacturer’s serial number”
  • Provide a deadline for marking firearms manufactured.
  • Clarify marking requirements for firearm mufflers and silencers.
  • Amend the format for records of manufacture/acquisition and disposition by manufacturers and importers.
  • Amend the time period records must be retained at the licensed premises.
Proposed New Definition of Firearm “Frame or Receiver”

Under the proposed rule, a “frame or receiver” is any externally visible housing or holding structure for one or more fire control components. A “fire control component” is one necessary for the firearm to initiate, complete, or continue the firing sequence, including, but not limited to, any of the following: hammer, bolt, bolt carrier, breechblock, cylinder, trigger mechanism, firing pin, striker, or slide rails.

Any firearm part falling within the new definition that is identified with a serial number must be presumed, absent an official determination by ATF or other reliable evidence to the contrary, to be a frame or receiver.

More than one externally visible part may house or hold a fire control component on a particular firearm, such as with a split or modular frame or receiver. Under these circumstances, ATF may determine whether a specific part or parts of the weapon is the frame or receiver, which may include an internal frame or chassis at least partially exposed to the exterior to allow identification.

The proposed rule maintains current classifications and marking requirements of firearm frames or receivers, except that licensed manufacturers and importers 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.

The proposed rule includes examples of types and models firearms and identifies the frame or receiver. Most examples also include an illustration identifying the frame or receiver. It also explains when a partially complete, disassembled, or inoperable frame or receiver is considered a “frame or receiver”, and explains that a destroyed frame or receiver is not considered a “frame or receiver”.

Firearm Parts Kits

The proposed rule explains that when a partially complete frame or receiver parts kit has reached a stage in manufacture where it may readily be completed, assembled, converted, or restored to a functional state, it is a “frame or receiver” that must be marked.

Weapon parts kits with partially complete frames or receivers and 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 are “firearms” for which each frame or receiver of the weapon would need to be marked.

A weapon, including a weapon parts kit, in which each frame or receiver of the weapon or within such kit is destroyed is not considered a “firearm”.

Licensing of Dealer/Gunsmiths

Under the proposed rule, dealers/gunsmiths can mark firearms for the maker or owner of a privately made firearm (PMF) and may be licensed to engage solely in that business.

Dealer/gunsmiths are not authorized to perform repair, modify, embellish, refurbish, or install parts in or on firearms (frames, receivers, or otherwise) for or on behalf of a licensed importer or licensed manufacturer because those firearms are for sale or distribution. A license as a Type 07 manufacturer would be required.

Marking Requirements for Firearms Other than PMFs

Under the proposed rule, licensed manufacturers and importers must identify each part defined as a frame or receiver (or specific part(s) determined by ATF) of each firearm they manufacture or import with a serial number, licensee’s name (or recognized abbreviation) where they maintain their place of business; or their name (or recognized abbreviation) and abbreviated federal firearms license number as a prefix, followed by a hyphen, and then followed by a number as a suffix (e.g., “12345678-[number]”).

Each part defined as a frame or receiver, machinegun, or firearm muffler or firearm silencer that is not a component part of a complete weapon or device at the time it is sold, shipped, or otherwise disposed of by the licensee must be identified with a serial number and all additional identifying information, except that the model designation and caliber or gauge may be omitted if that information is unknown at the time the part is identified.

Licensees must mark complete weapons, or frames or receivers disposed of separately, as the case may be, no later than seven days following the date of completion of the active manufacturing process or prior to disposition, whichever is sooner.

Marking and Recordkeeping Requirements for PMFs

Under the proposed rule, a “privately made firearm” (PMF) is 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 does not include an NFA registered firearm, or one made before October 22, 1968 (unless remanufactured after that date).

Licensees must:

  • Properly mark each PMF acquired before the effective date of the rule within 60 days after the rule becomes final, or before the date of disposition (including to a personal collection), whichever is sooner.
  • Properly mark previously acquired PMFs themselves or may arrange to have another licensee mark the firearm on their behalf. PMFs currently in inventory that a licensee chooses not to mark may also be destroyed or voluntarily turned-in to law enforcement within the 60-day period.
  • Once the rule becomes final, and unless already marked by another licensee, properly mark each PMF within seven days following the date of receipt or other acquisition (including from a personal collection), or before the date of disposition (including to a personal collection), whichever is sooner.
  • Mark PMFs acquired after the rule becomes effective themselves or under their direct supervision by another licensee with the supervising licensee’s information.
  • Mark PMFs with the same serial number on each frame or receiver of a weapon that begins with the FFL’s abbreviated license number (first three and last five digits) as a prefix followed by a hyphen on any “privately made firearm” (as defined) that the licensee acquired (e.g., “12345678-[number]”).
  • Record PMFs in their acquisition and disposition records, whether or not kept overnight, and update their acquisition entries with information marked on PMFs.

Licensees may 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.

Marking, Registration, and Transfer Requirements for Silencers

Under the proposed rule, a “frame or receiver” of a firearm muffler or silencer device is defined as a housing or holding structure for one or more essential internal components of the device, including, but not limited to, baffles, baffling material, or expansion chamber.

Manufacturers and makers of complete muffler or silencer devices need only mark each part (or specific part(s) previously determined by ATF) of the device defined as a “frame or receiver” under this rule. However, individual muffler or silencer parts must be marked if they are disposed of separately from a complete device unless transferred by qualified manufacturers to other qualified licensees for the manufacture or repair of complete devices.

A qualified manufacturer may:

  • Transfer a silencer part to another qualified manufacturer without immediately identifying or registering such part provided that, upon receipt, it is actively used to manufacture a complete muffler or silencer device.
  • Transfer a replacement silencer part 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.

Persons may temporarily convey a lawfully possessed NFA firearm, including a silencer, to a qualified manufacturer or dealer for the sole purpose of repair, identification, evaluation, research, testing, or calibration, and return to the same lawful possessor without additional identification or registration.

Records of Acquisition and Disposition

Under the proposed rule, records of manufacture/importation/acquisition and disposition by manufacturers and importers must be consolidated into one book similar to dealers, and the format containing the applicable columns is specified as part of the regulation.

The proposed rule specifies required information for duplicate entries in licensees’ acquisition and disposition books so there are no open entries (i.e., bound books must be ‘closed out’).

Record Retention

Under the proposed rule, all licensees must retain forms, including ATF Forms 4473, and acquisition and disposition records until the business or licensed activity is discontinued.

Paper forms and records over 20 years of age may be stored in a separate warehouse, which is considered part of the licensed premises and subject to inspection. Paper acquisition and disposition records stored separately are those that do not contain any open disposition entries and with no dispositions recorded within 20 years.

Learn More

 

 

Link to comment
Share on other sites

As feared........ the proposed rule is very vague. As written you will have to serialize your house because the steel beams and water lines can be readily made into a firearm. God forbid you live in a mobile home, that thing is nothing but gun kits ready to be converted.

 

Anything made of a dense material and thicker than 1 inch can be made into a firearm and must be serialized under the rules as proposed

 

Please tell me common sense and discretion would prevent that.... I can show you a thousand instances where neither of those prevented someone going to prison.

Link to comment
Share on other sites

As feared........ the proposed rule is very vague. As written you will have to serialize your house because the steel beams and water lines can be readily made into a firearm. God forbid you live in a mobile home, that thing is nothing but gun kits ready to be converted.

 

Anything made of a dense material and thicker than 1 inch can be made into a firearm and must be serialized under the rules as proposed

 

Please tell me common sense and discretion would prevent that.... I can show you a thousand instances where neither of those prevented someone going to prison.

 

It's crazy, the way I read it every AR15 would need at least another serial number added to the upper making it two firearms, so now AR15 builds would be considered two firearms even though they are clearly just one firearm? Same with 'tube' guns like the Sten and Sterling, it would appear that the grip area of those guns would now need a seperate serial because they hold the trigger mechanism? What about bullpups like the FN P90 or other bullpup shells, do the shells need serial numbers now since they hold the forward trigger mechanism?

 

Is the slide on a pistol now a serialized part?

 

I hope this goes down in flames, they just created a vague mess, not that it wasn't a mess already but this makes it 10 times worse!

Link to comment
Share on other sites

hmmm Flynn........... you brought several interesting points.as well........... how about my carbine rifle that I converted to a bullpup.......... how many serials does that now need?

 

which part describes "Under these circumstances, ATF may determine whether a specific part or parts of the weapon is the frame or receiver, which may include an internal frame or chassis at least partially exposed to the exterior to allow identification."

 

AND

 

By including the words "may include" can they determine a gas block, or worse a safety, to now be a firearm? I can see a scenario where every trigger has to have a serial. Does single action need one but double action doesnt? What about guns with DAO are they disinguished from a SA/DA gun?

 

This vagary gives way too much additional power to the pen.

 

I guess its simpler to just state their goal............ every gun must be registered period..... this way they know how much you owe in fees and taxes (which is what its really all about)

Link to comment
Share on other sites

By including the words "may include" can they determine a gas block, or worse a safety, to now be a firearm? I can see a scenario where every trigger has to have a serial. Does single action need one but double action doesnt? What about guns with DAO are they disinguished from a SA/DA gun?\

 

 

This like is the one that is basically a catch all

 

 

 

A “fire control component” is one necessary for the firearm to initiate, complete, or continue the firing sequence, including, but not limited to

 

On any given firearm, how many components (less cosmetic features) are not needed "for the firearm to initiate, complete, or continue the firing sequence"? When we consider all the parts that fall into the previous category, that essentially means any case, shell, or essentially the entire exterior of any firearm falls into the "holding structure for one or more fire control components" making even slides on pistols a serializable part. BUT the big zinger is the words that preceed that, those being "externally visible housing" and the VERY important "or" after it making it a stand alone clause or ambigious tied the 2nd part at best, IMO they basically just made the entire exterior of the gun a potential serializable part, even accessories like barrel shrouds could then be deemed a frame or reciever under their wording.

 

Even a rifle like the 10-22's stock would technically be a serializable part under their wording, as it is an exterior housing that holds fire control components.

Link to comment
Share on other sites

This new rule on split receivers won't change any existing definitions like AR-15s or 10/22s. It's just intended to get ahead of the recent court rulings that things like an AR lower doesn't match their own rules of what's a receiver and give them more control of how they classify new firearms in the future

 

Although the new definition would more broadly define the term “frame or receiver” than

the current definition, it is not intended to alter any prior determinations by ATF of what
it considers the frame or receiver of a particular split/modular weapon.

 

One important goal of this rule is to ensure that it does not affect existing ATF
classifications of firearms that specify a single component as the frame or receiver.
Application of the rule, as proposed, would not alter these prior ATF classifications.

 

 

Link to comment
Share on other sites

I lack the patience to read this stuff anymore. I tried, but my eyes glaze over. How do they propose to handle any personally manufactured firearm that was manufactured prior to the rule? Is there going to be a requirement that millions of previously unserialized receivers be serialized?

Link to comment
Share on other sites

I lack the patience to read this stuff anymore. I tried, but my eyes glaze over. How do they propose to handle any personally manufactured firearm that was manufactured prior to the rule? Is there going to be a requirement that millions of previously unserialized receivers be serialized?

I don't believe there is any requirement in the proposed rules that homemade firearms be serialized, even new ones made going forward (they are just going to make it harder to make them at home by putting a bunch of vague restrictions on 80% receivers)

 

It also looks like they are going to require FFLs to put a serial number on any homemade guns they take into inventory, so when they get sold on they will have serial numbers

Link to comment
Share on other sites

 

I lack the patience to read this stuff anymore. I tried, but my eyes glaze over. How do they propose to handle any personally manufactured firearm that was manufactured prior to the rule? Is there going to be a requirement that millions of previously unserialized receivers be serialized?

I don't believe there is any requirement in the proposed rules that homemade firearms be serialized, even new ones made going forward (they are just going to make it harder to make them at home by putting a bunch of vague restrictions on 80% receivers)

 

It also looks like they are going to require FFLs to put a serial number on any homemade guns they take into inventory, so when they get sold on they will have serial numbers

 

Thank you.

I do think I saw that they intend to make any new post rule 80% frame be sold with a serial and BGC. Or maybe that's just a BGC.

Link to comment
Share on other sites

Thank you.

I do think I saw that they intend to make any new post rule 80% frame be sold with a serial and BGC. Or maybe that's just a BGC.

yeah, I think under the new rules what are currently considered 80% receivers will be considered completed firearms and thus require a serial and background check, and there will be some new threshold, below which they won't require anything, but its extremely vague requiring a subjective "identifiable as an unfinished firearm" test.

 

I bet I can show 50 people a completed AK receiver and most of them wouldn't be able to identify it as a firearm

Link to comment
Share on other sites

 

This new rule on split receivers won't change any existing definitions like AR-15s or 10/22s. It's just intended to get ahead of the recent court rulings that things like an AR lower doesn't match their own rules of what's a receiver and give them more control of how they classify new firearms in the future

 

Although the new definition would more broadly define the term “frame or receiver” than

the current definition, it is not intended to alter any prior determinations by ATF of what
it considers the frame or receiver of a particular split/modular weapon.

 

One important goal of this rule is to ensure that it does not affect existing ATF
classifications of firearms that specify a single component as the frame or receiver.
Application of the rule, as proposed, would not alter these prior ATF classifications.

 

 

 

 

Their entire intent is obviously to go after 'ghost guns' and 80% items, yet they claim the new rule won't alter any existing classifications of existing weapons? I call that a farce as they clearly want to define non-gun parts as guns...

Link to comment
Share on other sites

Their entire intent is obviously to go after 'ghost guns' and 80% items, yet they claim the new rule won't alter any existing classifications of existing weapons? I call that a farce as they clearly want to define non-gun parts as guns...

Those quotes are referring to split receivers, so it means they won't be changing the classifications of something like an AR upper, or a Glock slide, which are not firearms despite housing certain fire control components

 

The "ghost gun" section is a different part of the proposed rule change

Link to comment
Share on other sites

 

Their entire intent is obviously to go after 'ghost guns' and 80% items, yet they claim the new rule won't alter any existing classifications of existing weapons? I call that a farce as they clearly want to define non-gun parts as guns...

Those quotes are referring to split receivers, so it means they won't be changing the classifications of something like an AR upper, or a Glock slide, which are not firearms despite housing certain fire control components

 

The "ghost gun" section is a different part of the proposed rule change

 

 

That IMO is hopefull thinking, I have little doubt the anti-crowd would love to classify for example AR15 uppers as a firearm and if they get the rule changed as written that is as easy as an EO telling the ATF to do it, no legislative process required.

Link to comment
Share on other sites

I don't understand this "80%" definition. Does this mean that 80% of the machining (holes drilled, ledges milled, etc.) is completed? If so, can they just reduce the percentage of "completion" to say 70%, making us do more of the work and avoiding this boondoggle?

 

It's a made up designation that is about as wishy-washy as the legal “readily converted” definition.

 

I'm guessing at some point when people were trying to get their non-guns declared non-guns they figured them to be about 80% done.

 

But, as you said if they government moves the line then the XX% parts will as you say just be lowered bellow that threshold. it's really a can of worms, especially for some firearms.

 

Take for instance the STEN, the difference between a piece of muffler pipe and a fully completed reciever is literally some silver solder, cutting out an ejection port, mag port, charging slot and rear cap locking groove. With a benchtop 3 in 1 (lathe, mill, drillpress) you could theoretically do all the cutting in under 10 minutes, and a few minutes of silver solder to assemble. I would bet a functional build from just a raw section of pipe with nothing done could be done in under an hour with time to spare. This is why the "readily converted" defintion has always been a farce.

Link to comment
Share on other sites

That IMO is hopefull thinking, I have little doubt the anti-crowd would love to classify for example AR15 uppers as a firearm and if they get the rule changed as written that is as easy as an EO telling the ATF to do it, no legislative process required.

Well yes, but that's not THIS EO and rule change, it will be a subsequent one

 

 

I don't understand this "80%" definition. Does this mean that 80% of the machining (holes drilled, ledges milled, etc.) is completed? If so, can they just reduce the percentage of "completion" to say 70%, making us do more of the work and avoiding this boondoggle?

They seem to want to make the definition "its a firearm if we say its a firearm."" They don't want the bright line of "readily converted" = "over 80% complete" because they want the ATF to have to approve every component that someone might sell as an unifinished firearm
Link to comment
Share on other sites

They seem to want to make the definition "its a firearm if we say its a firearm."" They don't want the bright line of "readily converted" = "over 80% complete" because they want the ATF to have to approve every component that someone might sell as an unifinished firearm

 

 

Hmmm... it's a firearm, and requires an FFL/BGC and serial number, if it is designed and manufactured and sold as a nearly completed "you finish and customize it" firearm? I'm not sure I am unhappy with this.

 

The buyer knows it's "a gun", intended to be a gun, before purchase, and intends to finish it as such.

 

I'd probably goof it up.

It would sit, unfinished, in a pile for years...

 

Link to comment
Share on other sites

 

They seem to want to make the definition "its a firearm if we say its a firearm."" They don't want the bright line of "readily converted" = "over 80% complete" because they want the ATF to have to approve every component that someone might sell as an unifinished firearm

 

 

Hmmm... it's a firearm, and requires an FFL/BGC and serial number, if it is designed and manufactured and sold as a nearly completed "you finish and customize it" firearm? I'm not sure I am unhappy with this.

 

The buyer knows it's "a gun", intended to be a gun, before purchase, and intends to finish it as such.

 

I'd probably goof it up.

It would sit, unfinished, in a pile for years...

 

 

 

I think may include all gas or significantly walled pipe.

I don't recommend it but I have seen people shoot a shotgun shell through a gas pipe.

Link to comment
Share on other sites

They seem to want to make the definition "its a firearm if we say its a firearm."" They don't want the bright line of "readily converted" = "over 80% complete" because they want the ATF to have to approve every component that someone might sell as an unifinished firearm

 

 

No law that vague should have any force of law!

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...