The third addendum proposed to define the term “frame or receiver” to include partially complete, disassembled or unserviceable frames or receivers, or a frame or receiver that has reached a stage of manufacture where it can be easily completed, assembled, rebuilt or serviced. The NPRM stated that in determining this status, the Director may “take into account available instructions, instructions, models, devices, equipment, tools or marketing materials.” 86 FR at 27729, 27746. For the purposes of this definition, it was suggested that the term “partially complete” should be used to refer to an object for forging, casting, printing, extrusion, machining or the like at a stage of manufacture where it is clearly identifiable as an unfinished component of a weapon. Weapons whose possession is illegal include (but are not limited to) any weapon or weapon accessory that has been designated as a dangerous weapon under federal or state law, including: NPRM provided a detailed explanation of the passage of the Federal Firearms Act of 1938 (“FFA”), Public Law 75-785, 52 Stat. 1250, its repeal, and subsequent legislative history and context, which led to the passage of the GCA by Congress in 1968 and the promulgation of the definitions of “framework or breech” on which the ATF and the firearms industry have relied for more than 50 years. [5] 86 FR, 27720-21. The GCA in 18 U.S.C. 921(a)(3) defines the term “firearm” not only because it includes not only a weapon designed to repel a projectile or capable of being easily converted, but also the “frame” or “receiver” of such a weapon. 18 U.S.C. 921(a)(3)(A), (B). Since the frame or receiver is included in the definition of “firearm”, any person engaged in the manufacture, import or trade of frames or receivers must obtain a permit from the ATF. 18 U.S.C.

922(a)(1)(A), 923(a). Each licensed manufacturer or importer must “identify, by means of a serial number engraved or molded on the receiver or frame of the firearm, in the manner prescribed by the Attorney General, any firearm imported or manufactured by that importer or manufacturer.” [6] 18 U.S.C. 923(i); see 27 CFR 478.92, 479.102. Licensed manufacturers and importers must also maintain a permanent record of the production or import, receipt, sale or other disposal of firearms, including frames or receivers. 18 U.S.C. 923(g)(1)(A); 27 CFR 478.122, 478.123. The Department proposed to amend the definition of “business” that applies to a “gunsmith” in 27 CFR 478.11 to clarify that businesses may hold a gunsmith`s licence, not a manufacturer`s licence, when they regularly repair or adapt existing firearms, manufacture or adapt cannons, sticks or special release mechanisms. or mark firearms as a service. provided to firearms that are not intended for sale or distribution by a licensee. [53] The proposed amendment also sought to improve access to professional marking services so that persons who identify firearms to non-licence holders can be admitted as arms dealers and gunsmiths to provide professional PMC marking services. The Department proposed to include the term “importer or manufacturer serial number” in 27 CFR 478.11 and define it as an identification number, the name of the licensee, the city or state of the licensee, or the permit number placed by a licensee on a firearm frame or receiver, or on a CMR. NPRM explained that a serial number containing the abbreviated FFL number (also known in the industry as the “RDS key”) placed by a licensee on a CMP under the proposed rule meets the definition of “importer or manufacturer serial number”.

The Department also stated that the proposed definition would help ensure that serial numbers and other markings required to ensure traceability are considered the “importer or manufacturer`s serial number” identified by 18 U.S.C. 922(k) and numerous state laws prohibiting the possession of firearms with serial numbers that have been removed, erased, or altered. See 86 FR, 27730 n.62. Some commentators in favour of the rule made several suggestions on the text of the final rule, while others requested that the ATF take certain information into account. In particular, the combined comment submitted by 22 Attorneys General in support of the proposed definitions offered seven proposals for final settlement. Comments on their suggestions are discussed in the following sections. Some commentators who supported the proposed rule addressed the phrase “when the complete weapon is assembled” in the general definition of “frame or receiver”, which is partly defined as “that part of a firearm that, when the complete weapon is assembled, is visible from the outside and provides a housing or structure designed for one or more elements of the fire control” (emphasis added). Commentators have explained that the language in italics makes the definition readable, that the part of a weapon that is the “frame or receiver” does not become so until the complete weapon is assembled. To avoid this possible misinterpretation, commentators have suggested that the phrase should indicate that it is a part of a complete weapon visible from the outside when the complete weapon is assembled, and that it provides a housing that can accommodate or integrate one or more fire control elements. In the NPRM, the Department proposed to add a sentence at the end of the definition of “firearm” in 27 CFR 478.11 to reflect existing jurisprudence stating: “The term includes a set of parts of weapons intended or readily assembled, supplemented, converted or restored to expel a projectile by the action of an explosive.” However, the proposed amendment was not intended to change the classification of a weapon, including a set of weapon parts, when the frame or receiver (as defined in the proposed rule) of that weapon is properly destroyed. See 86 FR at 27726, 27729-30. It was therefore suggested that another sentence should be added at the end of the definition of “firearm” to clarify that “the term does not include a weapon, including a set of parts of a weapon, when a part defined as the frame or receiver of such a weapon is destroyed”.

Id., p. 27726. As a preliminary matter, NPRM suggested that the new definition, with the partial exception of an internal frame or frame, specify that any frame or receiver is visible from the outside when the complete weapon is assembled, allowing licensees and law enforcement agencies to quickly and easily identify markings. Next, the NPRM proposed to define the term “frame or receiver” more broadly as a part that provides a housing or structure to accommodate or integrate a fire control element that would have included at least one housing or holding structure for a hammer, bolt, pin holder, locking block, a cylinder, release mechanism, striker, striker or sliding rail. However, the proposed definition would not have been limited to these specific fire safety components [45] and should be broad enough to take into account technological changes and part terminology. For further clarification, four non-exclusive examples with illustrations of common single-frame firearms were provided. See 86 FR at pages 27727, 27742. Finally, the proposed definition states that persons who may acquire or possess a part now defined as a frame or receiver and marked with a serial number must assume that the part is a firearm frame or receiver without the ATF having formally determined it or received other reliable evidence to the contrary. without further guidance. In response to comments, the Final Rule allows licensed manufacturers to adopt the serial number and other identification marks previously affixed to a firearm without deviating from the ATF, provided that the weapon has not been sold, shipped or otherwise sold to a person who is not a licensed manufacturer, replacing ATF Decision 2009-5. The rule allows licensed manufacturers to perform gunsmith services on existing marked firearms without marking or obtaining a marking gap, replacing ATF Regulation 2010-10. In addition, some amendments finalize the proposed definition of “importer or manufacturer serial number” to ensure that the serial number and associated identification tags that must be affixed to a firearm, including those affixed to a PMF or ATF serial number,[2] are considered the “importer or manufacturer`s serial number” protected by 18 U.S.C.

922(k). prohibits the possession or receipt of a firearm in respect of which the importer`s or manufacturer`s serial number has been removed, destroyed or altered. Numerous criminal prosecutions have been initiated by the Department to combat the illegal trafficking of unmanufactured and privately assembled weapons, the possession of these weapons Page 24657 by prohibited persons, and other related federal crimes. [20] Consistent with the CGA and in order to ensure the proper licensing, marking, registration and background check of certain firearm parts kits, the Final Rule adopts the proposed clarification of the term “firearm” to include weapon parts (e.g., pistol, revolver, rifle or shotgun) that are intended or can be easily supplemented, assembled, restored or otherwise converted: to expel a projectile by the action of an explosive. This rule also complements, with minor amendments, the proposed definition of “privately manufactured firearm.” It amends the rules so that all firearms privately manufactured or “manufactured” by non-licensees are identified (or marked) and registered without identifying marks added to the inventory by licensees, so that they can be tracked by law enforcement agencies in their files if they are subsequently involved in crimes.