Specifically, this proposed rule would amend the definition of engaged in the business as it applies to a gunsmith in 27 CFR 478.11 to clarify the meaning of that term as someone who, as a service performed on existing firearms not for sale or distribution by a licensee, devotes time, attention, and labor to repairing or customizing firearms, making or fitting special barrels, stocks, or trigger mechanisms to firearms, or identifying firearms in accordance with this chapter, as a regular course of trade or business with the principal objective of livelihood or profit, but such term shall not include a person who occasionally repairs or customizes firearms, or occasionally makes or fits special barrels, stocks, or trigger mechanisms to firearms.. While millions of AR-15s/M-16s existed at the time ATF promulgated the definitions, they were manufactured almost exclusively for military use. See 111 Cong. There shall also be placed on the same surface of the package in block lettering at least 1/8 inch in height the words FOR GOVERNMENTAL ENTITIES OR EXPORTATION ONLY. The statements required by this subparagraph shall be on a contrasting background. The term frame or receiver shall include, in the case of a frame or receiver that is partially complete, disassembled, or inoperable, a frame or receiver that has reached a stage in manufacture where it may readily be completed, assembled, converted, or restored to a functional state. 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. 901(a), 82 Stat. Licensees shall identify in the manner prescribed by this section, or cause another licensee to so identify, each privately made firearm received or otherwise acquired (including from a personal collection) by the licensee before [EFFECTIVE DATE OF THE FINAL RULE] within sixty (60) days from that date, or prior to the date of final disposition (including to a personal collection), whichever is sooner. (d) Gunsmith. FFLs would have the option to mark their existing PMFs themselves. Add, in alphabetical order, definitions for Complete muffler or silencer device and Complete weapon; b. A Proposed Rule by the Alcohol, Tobacco, Firearms, and Explosives Bureau on 05/21/2021. As paper forms run out, FFLs would be able to order forms as part of their normal operations. Such information shall be recorded in a format containing the applicable columns below, except that for armor piercing ammunition, the information and format shall also include the quantity of projectiles: Importer's or Manufacturer's Firearms Acquisition and Disposition Record, Importer's or Manufacturer's Armor Piercing Ammunition Disposition Record. 922(b)(2) (prohibiting licensees from selling or delivering any firearm to any person in a State where the purchase or possession by such person of such firearm would be in violation of any State law or published ordinance applicable at the place of sale, delivery, or other disposition); id. 68. 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. Except as provided in paragraph (a)(4)(iv) of this section, 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 as required by this section with a serial number not duplicated on any other firearm 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. 804. Each such voluntary request or form submitted shall be executed under the penalties of perjury with a complete and accurate description of the item, the name and address of the manufacturer or importer thereof, and a sample of such item for examination along with any instructions, guides, templates, jigs, equipment, tools, or marketing materials that are made available to the purchaser or recipient of the item. 49. In this regard, the proposed rule would make a distinction between the manufacture or making of a complete weapon or complete muffler or silencer device, and each part, including a replacement 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. Single-framed firearms incorporate the hammer, bolt or breechblock, and firing mechanism within the same housing. The OFR/GPO partnership is committed to presenting accurate and reliable 21 section 1550(B); Or. The estimate covers the time for reviewing instructions, searching existing sources of data, gathering and maintaining the data needed, and completing and reviewing the collection. 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. [50], Nonetheless, like the definition of frame or receiver for projectile weapons, this sub-definition would be flexible enough to encompass changes in technology and parts terminology. To provide guidance on how the term readily is used to classify firearms, including frame or receiver parts kits or weapon parts kits sold with incomplete or unassembled frames or receivers, the NPRM adds this term to 27 CFR 478.11 and 479.11 and defined as a process that is fairly or reasonably efficient, quick, and easy, but not necessarily the most efficient, speedy, or easy process. It would further list factors relevant in making this determining to include: (a) Time, i.e., how long it takes to finish the process; (b) ease, i.e., how difficult it is to do so; (c) expertise, i.e., what knowledge and skills are required; (d) equipment, i.e., what tools are required; (e) availability, i.e., whether additional parts are required, and how easily they can be obtained; (f) expense, i.e., how much it costs; (g) scope, i.e., the extent to which the subject of the process must be changed to finish it; and (h) feasibility, i.e., whether the process would damage or destroy the subject of the process, or cause it to malfunction. It has been impractical to treat each small part of a firearm as if it were a weapon. While the GCA and implementing regulations define a firearm to include the frame or receiver, neither delineates when a frame or receiver is created. 116-88, at 2. First, there would be a general definition of frame or receiver with non-exclusive examples that illustrate the definition. This language would supersede ATF Ruling 2013-3 as it applies to licensed manufacturers and importers, but the ruling would remain effective for makers of NFA firearms. 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. 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. Federal Register. . Terrorists and other bad actors may seek to exploit the availability of these weapons for dangerous ends. H.R. 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. The NFA requires firearm manufacturers, importers, and makers to identify each firearm, including a firearm muffler or silencer, with a serial number and such other identification as may be prescribed by regulations. Licensed manufacturers and importers may continue to identify the additional information on firearms (other than PMFs) of the same design and configuration as they existed before [effective date of the rule] under the prior content rules, and any rules necessary to ensure such identification will remain effective for that purpose. Frequency of Response: There will be a recurring response for all currently existing 13,595 licensed manufactures and licensed importers. 116-88, at 2 (May 28, 2019). This would eliminate a significant source of confusion among regulated industry members and the public as to who needs a license to manufacture firearms. The Office of Management and Budget (OMB) has determined that while this proposed rule is not economically significant, it is a significant regulatory action under section 3(f)(4) of Executive Order 12866 because this proposed rule raises novel legal or policy issues arising out of legal mandates. 16. In other words, FFLs using paper forms requested from ATF are not anticipated to incur any additional cost. 34. 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. (b) A record of each firearm disposed of by a manufacturer and a separate record of armor piercing ammunition dispositions to governmental entities, for exportation, or for testing or experimentation authorized under the provision of 478.149, shall be maintained by the licensed manufacturer on the licensed premises. if such forms filed numerically; i. A complete weapon would be defined as a firearm other than a firearm muffler or firearm silencer that contains all component parts necessary to function as designed whether or not assembled or operable. Likewise, a complete muffler or silencer device would be defined as a firearm muffler or firearm silencer that contains all of the component parts necessary to function as designed whether or not assembled or operable. These definitions are needed to explain when a frame or receiver of a firearm, including a firearm muffler or silencer, as the case may be, must be marked. The term "pistol" and the term "revolver", as used in sections 29 . For purposes of this section, the terms legible and legibly mean that the identification markings use exclusively Start Printed Page 27748Roman letters (e.g., A, a, B, b, C, c) and Arabic numerals (e.g., 1, 2, 3), or solely Arabic numerals, and may include a hyphen, and the terms conspicuous and conspicuously mean that the identification markings are capable of being easily seen with normal handling of the firearm and unobstructed by other markings when the complete weapon is assembled. if such forms filed numerically. This change would make clear that both the name and license number (not the address) of a licensee from whom firearms are received and to whom they are disposed are recorded in the AD Record. Such alternate records shall not be employed by the licensed importer until approval in such regard is received from the Director. 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