ATF/DOJ Notice of Proposed Rulemaking - Definition of Frame and Receiver 5/7/21 (Read 857 times)

6716J

DOJ Statement here:
https://www.justice.gov/opa/pr/justice-department-proposes-new-regulation-update-firearm-definitions


Summary of Proposed Rule here (115 pages of new rules):
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
Download the proposed rule (PDF, 1.3 MB) https://www.atf.gov/file/154586/download
How to submit a comment
I'd rather have a bottle in front of me, than a frontal lobotomy.

6716J

Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Friday, May 7, 2021
Justice Department Proposes New Regulation to Update Firearm Definitions
Proposed Rule Seeks to Close “Ghost Gun” Loophole
WASHINGTON – The Department of Justice today issued a notice of proposed rulemaking that would update the definitions of “firearm” and related parts for the first time since 1968. The proposed rule would modernize the definition of “frame or receiver” and help close a regulatory loophole associated with the un-serialized privately made firearms that are increasingly being recovered at crime scenes across the country. These unmarked firearms, known as “ghost guns,” are often assembled from kits that are sold without background checks, making them easily acquired by criminals who otherwise would not be permitted to possess a firearm.

“We are committed to taking commonsense steps to address the epidemic of gun violence that takes the lives of too many people in our communities,” said Attorney General Merrick B. Garland. “Criminals and others barred from owning a gun should not be able to exploit a loophole to evade background checks and to escape detection by law enforcement. This proposed rule would help keep guns out of the wrong hands and make it easier for law enforcement to trace guns used to commit violent crimes, while protecting the rights of law-abiding Americans. Although this rulemaking will solve only one aspect of the problem, we have an obligation to do our part to keep our families and our neighborhoods safe from gun violence.”

As the proposed rule explains, from 2016 to 2020, more than 23,000 un-serialized firearms were reported to have been recovered by law enforcement from potential crime scenes — including in connection with 325 homicides or attempted homicides. The proposed rule, once implemented, would help address the proliferation of these un-serialized firearms in three ways:

To help keep guns from being sold to convicted felons and other prohibited purchasers, the rule would make clear that retailers must run background checks before selling kits that contain the parts necessary for someone to readily make a gun at home.
To help law enforcement trace guns used in a crime, the rule would require that manufacturers include a serial number on the firearm “frame or receiver” in easy-to-build firearm kits.
To help reduce the number of “ghost guns” on our streets, the rule would set out requirements for federally licensed firearms dealers to have a serial number added to 3D printed guns or other un-serialized firearms they take into inventory.
Once the proposed rule is published in the Federal Register, the public will have 90 days to submit comments. The Notice of Proposed Rulemaking can be viewed here.

To learn more about the rulemaking process, please see the attached.
I'd rather have a bottle in front of me, than a frontal lobotomy.

6716J

1) No more making your own firearm without government approval

2) AR uppers would be considered a "firearm" and have to be serialized and thus subject to background checks. Same goes for all pistols. No more GUCCI shit just to swap it all around.

So... buy them now if you can because they're all gonna get REALLY expensive quick


And the winner of gun salesman of the year goes to Joe Biden
I'd rather have a bottle in front of me, than a frontal lobotomy.

ren

omnigun

1) No more making your own firearm without government approval

2) AR uppers would be considered a "firearm" and have to be serialized and thus subject to background checks. Same goes for all pistols. No more GUCCI shit just to swap it all around.

So... buy them now if you can because they're all gonna get REALLY expensive quick


And the winner of gun salesman of the year goes to Joe Biden

How would ar uppers fall into this?   Does it only apply to completed uppers?

Is it possible to oppose this?

ren

How would ar uppers fall into this?   Does it only apply to completed uppers?

Is it possible to oppose this?

Remarkable how you found all that info debunking the stolen election and Covid info - now you ask about this issue?

omnigun

Remarkable how you found all that info debunking the stolen election and Covid info - now you ask about this issue?



Amazing how you find info on things you research not something you read a hour ago.....  :shaka: :crazy:

Jay_P

Not to be argumentative, but the way I read it, uppers don’t fall into this proposal. I’ve learned that you gotta read in between the lines when it comes to laws and this is how I see it:

“Any firearm part falling within the new definition that is (already) identified with a serial number must be presumed, absent an official determination by ATF (even though we have determined that an 80% receiver is not considered a firearm part) or other reliable evidence to the contrary, to be a frame or receiver.”

Upper receivers don’t have serial numbers previous to this proposal. I feel that the way it’s stated is saying that any part that is previously and usually identified by a serial number when manufactured, must have one if this proposal passes even if it’s sold or manufactured without one (80%).

I hope I’m not wrong, but I could be. Just my two cents.
Better to have it and not need it, than to need it and not have it.

hvybarrels

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Mr GnG is usually pretty good in calling the trends and flushing out the nuance in my experience

https://youtu.be/KIqG-c03QTE

6716J

Not to be argumentative, but the way I read it, uppers don’t fall into this proposal. I’ve learned that you gotta read in between the lines when it comes to laws and this is how I see it:

“Any firearm part falling within the new definition that is (already) identified with a serial number must be presumed, absent an official determination by ATF (even though we have determined that an 80% receiver is not considered a firearm part) or other reliable evidence to the contrary, to be a frame or receiver.”

Upper receivers don’t have serial numbers previous to this proposal. I feel that the way it’s stated is saying that any part that is previously and usually identified by a serial number when manufactured, must have one if this proposal passes even if it’s sold or manufactured without one (80%).

I hope I’m not wrong, but I could be. Just my two cents.
Uppers fall into the new definition as they house the BCG, firing pin, bolt and "breechblock"

Pistol slides as they house the striker, barrel/breech, mechanism which initiates, continues or completes the firing sequence.

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.

Sent from my SM-G970U using Tapatalk

I'd rather have a bottle in front of me, than a frontal lobotomy.

Jay_P

Uppers fall into the new definition as they house the BCG, firing pin, bolt and "breechblock"

Pistol slides as they house the striker, barrel/breech, mechanism which initiates, continues or completes the firing sequence.

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.

Sent from my SM-G970U using Tapatalk

Yeah, I did read that part, too. I was just associating that section with the previous one, where they mentioned parts being identified with serial numbers, then based my response off of that.

After rereading what I wrote, I worded my response wrong. What I was meaning to say is, I got the impression that they’re just going after 80% lowers right now, and rifle uppers aren’t their main concern at the moment......mainly pistol slides and barrels because they’re already marked with a serial number and fall into the section I quoted earlier.

No matter though, when you read the whole proposal, almost every component falls into one of these categories.
Better to have it and not need it, than to need it and not have it.

omnigun

All they had to do was say any partially compete component that would normally have a serial if it was in its complete form and sold is a firearm. If their whole goal was banning 80%s

Jay_P

All they had to do was say any partially compete component that would normally have a serial if it was in its complete form and sold is a firearm. If their whole goal was banning 80%s

They most likely want to ban everything except for double barrel shotguns.
Better to have it and not need it, than to need it and not have it.

Flapp_Jackson

Yeah, I did read that part, too. I was just associating that section with the previous one, where they mentioned parts being identified with serial numbers, then based my response off of that.

After rereading what I wrote, I worded my response wrong. What I was meaning to say is, I got the impression that they’re just going after 80% lowers right now, and rifle uppers aren’t their main concern at the moment......mainly pistol slides and barrels because they’re already marked with a serial number and fall into the section I quoted earlier.

No matter though, when you read the whole proposal, almost every component falls into one of these categories.

The thing also targets 3D printed gun parts as well as any other part that can be manufactured.

There's still an open question about an AR-15 receiver set and if the lower even qualifies as a "receiver".  A man in CA had the charges of making "ghost guns" dropped because the defense argued the lower receiver alone -- the only part by ATF regulation requiring a serial number -- is not an actual receiver.  Can't be convicted of making something that doesn't fit the ATF description of an illegal item.  I believe the case was dropped rather than going to final verdict due to the can of worms it was bound to open.

https://www.mercurynews.com/2019/10/12/a-california-man-sold-illegal-ar-15s-feds-agreed-to-let-him-go-free-to-avoid-hurting-gun-control-efforts/

All these years, the AR-15, one of the few firearms with a split receiver, has had its lower receiver incorrectly classified.  Since the upper and lower receivers are not the same part, trying to control them as firearms would require a DIFFERENT serial number on both parts.  So, for every AR-15 transferred in the US, it would look as if one were buying two firearms.  That flies in the face of any measure of logic, since an assembled AR-15 is only a single firearm, not two.

 :crazy:
Surely Not Everybody Was Kung Fu Fighting.

Jay_P

The thing also targets 3D printed gun parts as well as any other part that can be manufactured.

There's still an open question about an AR-15 receiver set and if the lower even qualifies as a "receiver".  A man in CA had the charges of making "ghost guns" dropped because the defense argued the lower receiver alone -- the only part by ATF regulation requiring a serial number -- is not an actual receiver.  Can't be convicted of making something that doesn't fit the ATF description of an illegal item.  I believe the case was dropped rather than going to final verdict due to the can of worms it was bound to open.

https://www.mercurynews.com/2019/10/12/a-california-man-sold-illegal-ar-15s-feds-agreed-to-let-him-go-free-to-avoid-hurting-gun-control-efforts/

All these years, the AR-15, one of the few firearms with a split receiver, has had its lower receiver incorrectly classified.  Since the upper and lower receivers are not the same part, trying to control them as firearms would require a DIFFERENT serial number on both parts.  So, for every AR-15 transferred in the US, it would look as if one were buying two firearms.  That flies in the face of any measure of logic, since an assembled AR-15 is only a single firearm, not two.

 :crazy:

Yeah, I got stuck on 80% lowers and frames cause those are the most talked about. I’m too scatterbrained to talk about the thing as a whole. Lol.



Better to have it and not need it, than to need it and not have it.

Jay_P

There's still an open question about an AR-15 receiver set and if the lower even qualifies as a "receiver".  A man in CA had the charges of making "ghost guns" dropped because the defense argued the lower receiver alone -- the only part by ATF regulation requiring a serial number -- is not an actual receiver.  Can't be convicted of making something that doesn't fit the ATF description of an illegal item.  I believe the case was dropped rather than going to final verdict due to the can of worms it was bound to open.

https://www.mercurynews.com/2019/10/12/a-california-man-sold-illegal-ar-15s-feds-agreed-to-let-him-go-free-to-avoid-hurting-gun-control-efforts/

All these years, the AR-15, one of the few firearms with a split receiver, has had its lower receiver incorrectly classified.  Since the upper and lower receivers are not the same part, trying to control them as firearms would require a DIFFERENT serial number on both parts.  So, for every AR-15 transferred in the US, it would look as if one were buying two firearms.  That flies in the face of any measure of logic, since an assembled AR-15 is only a single firearm, not two.

 :crazy:

I’m really confused now. So basically, the lower of an AR-15 is one receiver and should be serialized because it houses the hammer, and an upper is another receiver because it houses the bolt, firing pin, and extractor??
Better to have it and not need it, than to need it and not have it.

Flapp_Jackson

I’m really confused now. So basically, the lower of an AR-15 is one receiver and should be serialized because it houses the hammer, and an upper is another receiver because it houses the bolt, firing pin, and extractor??

For over 50 years, the definition of a receiver, according to the ATF, is:

Quote
Federal Firearms Act. 15 U.S.C. Chapter 18.

Firearm. 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. In the case of a licensed collector, the term
shall mean only curios and relics.

Firearm frame or receiver. That part of a firearm which provides housing for the hammer,
bolt or breechblock, and firing mechanism, and which is usually threaded at its forward
portion to receive the barrel.


An AR-15 upper receiver houses the bolt (BCG), and it has the threads into which a barrel & barrel nut are installed.

The lower receiver houses the firing mechanism, including the hammer.

Neither half of the receiver houses enough of the components to qualify it as a "receiver".

I think much of the issue is they wrote it with "and" rather than "or," which makes the combination of different parts necessary to qualify.  Had they used "or", then both halves would likely be labeled receivers.

https://www.atf.gov/firearms/firearms-guides-importation-verification-firearms-ammunition-gun-control-act-definitions
Surely Not Everybody Was Kung Fu Fighting.

Jay_P

For over 50 years, the definition of a receiver, according to the ATF, is:

An AR-15 upper receiver houses the bolt (BCG), and it has the threads into which a barrel & barrel nut are installed.

The lower receiver houses the firing mechanism, including the hammer.

Neither half of the receiver houses enough of the components to qualify it as a "receiver".

I think much of the issue is they wrote it with "and" rather than "or," which makes the combination of different parts necessary to qualify.  Had they used "or", then both halves would likely be labeled receivers.

https://www.atf.gov/firearms/firearms-guides-importation-verification-firearms-ammunition-gun-control-act-definitions

Ah, that’s what happens when I read Wikipedia instead of an actual document.

In firearms terminology, the firearm frame or receiver is the part of a firearm which integrates other components by providing housing for internal action components such as the hammer, bolt or breechblock, firing pin and extractor, and has threaded interfaces for externally attaching ("receiving") components such as the barrel, stock, trigger mechanism and iron/optical sights.[1]

Better to have it and not need it, than to need it and not have it.

Bota-CS1

« Last Edit: June 16, 2021, 07:00:35 PM by Bota-CS1 »
No one is coming, it’s up to us.

Legislation should never be about depriving law abiding citizens of something, but rather taking those things away from criminals.