[Federal Register Volume 86, Number 97 (Friday, May 21, 2021)]
[Proposed Rules]
[Pages 27720-27753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10058]



[[Page 27719]]

Vol. 86

Friday,

No. 97

May 21, 2021

Part III





Department of Justice





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 Bureau of Alcohol, Tobacco, Firearms, and Explosives





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27 CFR Parts 447, 478, and 479





Definition of ``Frame or Receiver'' and Identification of Firearms; 
Proposed Rule

  Federal Register / Vol. 86 , No. 97 / Friday, May 21, 2021 / Proposed 
Rules  

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DEPARTMENT OF JUSTICE

Bureau of Alcohol, Tobacco, Firearms, and Explosives

27 CFR Parts 447, 478, and 479

[Docket No. ATF 2021R-05; AG Order No. 5051-2021]
RIN 1140-AA54


Definition of ``Frame or Receiver'' and Identification of 
Firearms

AGENCY: Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
Department of Justice.

ACTION: Notice of proposed rulemaking; request for comment.

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SUMMARY: The Department of Justice (``Department'') proposes amending 
Bureau of Alcohol, Tobacco, Firearms, and Explosives (``ATF'') 
regulations to provide new regulatory definitions of ``firearm frame or 
receiver'' and ``frame or receiver'' because the current regulations 
fail to capture the full meaning of those terms. The Department also 
proposes amending ATF's definitions of ``firearm'' and ``gunsmith'' to 
clarify the meaning of those terms, and to provide definitions of terms 
such as ``complete weapon,'' ``complete muffler or silencer device,'' 
``privately made firearm,'' and ``readily'' for purposes of clarity 
given advancements in firearms technology. Further, the Department 
proposes amendments to ATF's regulations on marking and recordkeeping 
that are necessary to implement these new or amended definitions.

DATES: Written comments must be postmarked and electronic comments must 
be submitted on or before August 19, 2021. Commenters should be aware 
that the electronic Federal Docket Management System will not accept 
comments after Midnight Eastern Time on the last day of the comment 
period.

ADDRESSES: You may submit comments, identified by docket number ATF 
2021R-05, by any of the following methods--
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the instructions for submitting comments.
     Mail: Andrew Lange, Office of Regulatory Affairs, 
Enforcement Programs and Services, Bureau of Alcohol, Tobacco, 
Firearms, and Explosives, 99 New York Ave. NE, Mail Stop 6N-518, 
Washington, DC 20226; ATTN: ATF 2021R-05.
     Fax: (202) 648-9741.
    Instructions: All submissions received must include the agency name 
and docket number (ATF 2021R-05) for this notice of proposed rulemaking 
(``NPRM'' or ``proposed rule''). All properly completed comments 
received will be posted without change to the Federal eRulemaking 
portal, www.regulations.gov, including any personal information 
provided. For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the ``Public 
Participation'' heading of the SUPPLEMENTARY INFORMATION section of 
this document.

FOR FURTHER INFORMATION CONTACT: Andrew Lange, Office of Regulatory 
Affairs, Enforcement Programs and Services, Bureau of Alcohol, Tobacco, 
Firearms, and Explosives, U.S. Department of Justice, 99 New York Ave. 
NE, Mail Stop 6N-518, Washington, DC 20226; telephone: (202) 648-7070 
(this is not a toll-free number).

SUPPLEMENTARY INFORMATION: 

I. Background

    The Attorney General is responsible for enforcing the Gun Control 
Act of 1968 (``GCA''), as amended, and the National Firearms Act of 
1934 (``NFA''), as amended.\1\ This responsibility includes the 
authority to promulgate regulations necessary to enforce the provisions 
of the GCA and NFA. See 18 U.S.C. 926(a); 26 U.S.C. 7801(a)(2)(A), 
7805(a). Congress and the Attorney General have delegated the 
responsibility for administering and enforcing the GCA and NFA to the 
Director of ATF, subject to the direction of the Attorney General and 
the Deputy Attorney General. See 28 U.S.C. 599A(b)(1); 28 CFR 
0.130(a)(1)-(2). Accordingly, the Department and ATF have promulgated 
regulations implementing the GCA and NFA. See 27 CFR parts 478, 479.
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    \1\ NFA provisions still refer to the ``Secretary of the 
Treasury.'' 26 U.S.C. ch. 53. However, the Homeland Security Act of 
2002, Public Law 107-296, 116 Stat. 2135 (2002), transferred the 
functions of ATF from the Department of the Treasury to the 
Department of Justice, under the general authority of the Attorney 
General. 26 U.S.C. 7801(a)(2); 28 U.S.C. 599A(c)(1). Thus, for ease 
of reference, this notice of proposed rulemaking refers to the 
Attorney General throughout.
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    Prior to passage of the GCA, the Federal Firearms Act of 1938 
(``FFA'') regulated all firearm parts. The FFA and implementing 
regulations defined the term ``firearm'' to mean ``any weapon, by 
whatever name known, which is designed to expel a projectile or 
projectiles by the action of an explosive and a firearm muffler or 
firearm silencer, or any part or parts of such weapon.'' Public Law 75-
785, 52 Stat. 1250 (1938); 26 CFR 177.10 (repealed) (emphasis added). 
The Omnibus Crime Control and Safe Streets Act of 1968 repealed the 
FFA, replacing it with the GCA. Public Law 90-351, section 907, 82 
Stat. 197 (1968). During debate on the GCA and related bills introduced 
to address firearms trafficking, Congress recognized that regulation of 
all firearm parts was impractical. Senator Dodd explained that ``[t]he 
present definition of this term includes `any part or parts' of a 
firearm. It has been impractical to treat each small part of a firearm 
as if it were a weapon. The revised definition substitutes the words 
`frame or receiver' for the words `any part or parts.' '' See 111 Cong. 
Rec. 5527 (March 22, 1965).\2\
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    \2\ See also H.R. Rep. 90-1577, at 4416 (June 21, 1968) (``Under 
former definitions of `firearm,' any part or parts of such a weapon 
were included. It was found impractical to have controls over each 
small part of a firearm. Thus, this definition includes only the 
major parts of the firearm, that is, the frame or receiver.''); S. 
Rep. No. 90-1097, at 2200 (April 29, 1968) (same).
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    A ``firearm'' is defined by 18 U.S.C. 921(a)(3) to include not only 
a weapon that will, is designed to, or may readily be converted to 
expel a projectile, but also the ``frame or receiver'' of any such 
weapon. Because ``frames'' or ``receivers'' are included in the 
definition of ``firearm,'' any person who engages in the business of 
manufacturing, importing, or dealing in frames or receivers must obtain 
a license from ATF. 18 U.S.C. 922(a)(1)(A); id. at 923(a). Each 
licensed manufacturer or importer must ``identify by means of a serial 
number engraved or cast on the receiver or frame of the weapon, in such 
manner as the Attorney General shall by regulations prescribe, each 
firearm imported or manufactured by such importer or manufacturer.'' 
\3\ 18 U.S.C. 923(i); see 27 CFR 478.92, 479.102. Licensed 
manufacturers and importers must also maintain permanent records of 
production or importation, as well as their receipt, sale, or other 
disposition of firearms, including frames or receivers. 18 U.S.C. 
923(g)(1)(A); 27 CFR 478.122, 478.123.
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    \3\ Additionally, a firearm frame or receiver that is not a 
component part of a complete weapon at the time it is sold, shipped, 
or disposed of must be identified in the manner prescribed with a 
serial number and all of the other required markings. 27 CFR 
478.92(a)(2); id. at 479.102(e); ATF Ruling 2012-1.
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    A ``frame or receiver'' is the primary structural component of a 
firearm to which fire control components are attached.\4\ While the GCA 
does not

[[Page 27721]]

define the term ``frame or receiver,'' to implement the statute, the 
terms ``firearm frame or receiver'' and ``frame or receiver'' were 
defined in regulations several decades ago as that part of a firearm 
that provides housing for the hammer, bolt or breechblock, and firing 
mechanism, and which is usually threaded at its forward portion to 
receive the barrel. 27 CFR 478.11 (implementing GCA, Title I); 27 CFR 
479.11 \5\ (implementing GCA, Title II). The intent in promulgating 
these definitions was to provide guidance as to which portion of a 
firearm was the frame or receiver for purposes of licensing, 
serialization, and recordkeeping, thereby ensuring that a necessary 
component of the weapon could be traced if later involved in a crime.
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    \4\ See Webster's Third New International Dictionary, pp. 902, 
1894 (1971) (a ``frame'' is ``the basic unit of a handgun which 
serves as a mounting for the barrel and operating parts of the 
arm''; ``receiver'' means ``the metal frame in which the action of a 
firearm is fitted and to which the breech end of the barrel is 
attached''); Olson's Encyclopedia of Small Arms, p.72 (1985) (the 
term ``frame'' means ``the basic structure and principal component 
of a firearm''); Steindler's New Firearms Dictionary p. 209 (1985) 
(``receiver'' means ``that part of a rifle or shotgun (excepting 
hinged frame guns) that houses the bolt, firing pin, mainspring, 
trigger group, and magazine or ammunition feed system. The barrel is 
threaded into the somewhat enlarged forward part of the receiver, 
called the receiver ring. At the rear of the receiver, the butt or 
stock is fastened. In semiautomatic pistols, the frame or housing is 
sometimes referred to as the receiver.'').
    \5\ The definition of ``frame or receiver'' in Sec.  479.11 
differs slightly from the definition in Sec.  478.11 in that it 
omits an Oxford comma between ``bolt or breechblock'' and ``firing 
mechanism.''
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    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. Single-framed firearms incorporate the hammer, bolt or 
breechblock, and firing mechanism within the same housing. Years after 
these definitions were published, split/multi-piece receiver firearms, 
such as the AR-15 semiautomatic rifle (upper receiver and lower 
receiver), Glock semiautomatic pistols (upper slide assembly and lower 
grip module), and Sig Sauer P320 (M17/18 as adopted by the U.S. 
military) (upper slide assembly, chassis, and lower grip module), 
became popular.\6\ Additionally, more firearm manufacturers began 
incorporating a striker-fired mechanism rather than a ``hammer'' in the 
firing design. With the rise in popularity of striker-fired Glock 
semiautomatic pistols in the mid-1980s, other manufacturers began 
incorporating a striker-fired mechanism, rather than a hammer, in 
semiautomatic handguns.\7\
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    \6\ See Once Banned, Now Loved and Loathed: How the AR-15 Became 
`America's Rifle', New York Times (Mar. 3, 2018), https://www.nytimes.com/2018/03/03/us/politics/ar-15-americas-rifle.html 
(Once the patent expired in 1977, ``it opened the way for dozens of 
weapons manufacturers to produce their own models, using the same 
technology. The term AR-15 has become a catchall that includes a 
variety of weapons that look and operate similarly''); Paul M. 
Barrett, Glock: The Rise of America's Gun 21-23 (2013) (``Today the 
Glock is on the hip of more American police officers than any other 
handgun.''); A Star Is Born--U.S. Army Chooses Sig Sauer P320 For 
Its New Service Pistol, Forbes.com (Jan. 20, 2017) https://www.forbes.com/sites/frankminiter/2017/01/20/a-star-is-born-u-s-army-chooses-sig-sauer-p320-for-its-new-service-pistol/. While 
millions of AR-15s/M-16s existed at the time ATF promulgated the 
definitions, they were manufactured almost exclusively for military 
use. 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).
    \7\ A Matter of Purpose: Striker Fire vs. Hammer Fire, Small 
Arms Defense Journal (June 8, 2018), http://www.sadefensejournal.com/wp/a-matter-of-purpose-striker-fire-vs-hammer-fire/ (``Even though Glock wasn't the first to use striker 
fire on pistols, Glock can be credited for making the striker fire 
popular in the 1980s when they started using striker fire in their 
entire line of pistols. As Glock became popular, other manufacturers 
started using striker fire as well, proliferating it across the 
firearms manufacturing community on a grand scale.'').
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A. ATF's Application of the Definitions To Split Frames or Receivers

    Although ATF's regulatory definitions of ``frame or receiver'' do 
not expressly capture these types of firearms (i.e., split/multi-piece 
receivers) that now constitute the majority of firearms in the United 
States,\8\ ATF's position has long been that the weapon ``should be 
examined with a view toward determining if [either] the upper or lower 
half of the receiver more nearly fits the legal definition of 
`receiver,' '' and more specifically, for machineguns, whether the 
upper or lower portion has the ability to accept machinegun 
parts.9 10
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    \8\ United States v. Rowold, 429 F. Supp. 3d 469 (N.D. Ohio 
2019), Testimony of ATF Firearms Enforcement Officer Daniel Hoffman 
at Doc. No. 60, Hrg. Tr., Page ID 557 (approximately 10% of 
currently manufactured firearms in the United States include the 
three components in the frame or receiver definition); and Defense 
Expert Daniel O'Kelly at Doc. No. 60, Hrg. Tr. Page ID 482 (``90 
some percent of [semiautomatic pistols] do not have a part which has 
more than one of these four elements in it and, therefore, don't 
qualify, according to the definition in the CFR.'').
    \9\ ATF Internal Revenue Service Memoranda #21208 (Mar. 1, 1971) 
(lower portion of the M-16 is the frame or receiver because it comes 
closest to meeting the definition of frame or receiver in 26 CFR 
178.11 (now 27 CFR 478.11), and is the receiver of a machinegun as 
defined in the NFA); ATF Memorandum #22334 (Jan. 24, 1977) (upper 
half of the FN FAL rifle is the frame or receiver because it was 
designed to accept the components that allow fully automatic fire). 
The ability to accept machinegun parts is considered because both 
the GCA and the NFA regulate machinegun receivers as 
``machineguns.'' See 18 U.S.C. 921(a)(23); 26 U.S.C. 5845(b) (``The 
term [``machinegun''] shall also include the frame or receiver of 
any such weapon [which shoots is designed to shoot, or can be 
readily restored to shoot, automatically more than one shot, without 
manual reloading, by a single function of the trigger].'').
    \10\ Regulations implementing the relevant statutes spell the 
term ``machine gun'' rather than ``machinegun.'' E.g., 27 CFR 
478.11, 479.11. For convenience, this notice of proposed rulemaking 
uses ``machinegun'' except when quoting a source to the contrary.
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    Since it began issuing firearm classifications under the GCA and 
NFA in private letter rulings and for criminal investigations, ATF has 
considered a variety of factors when examining firearms, including: (a) 
Which component the manufacturer intended to be the frame or receiver; 
(b) which component the firearms industry commonly considers to be the 
frame or receiver with respect to the same or similar firearms; (c) how 
the component fits within the overall design of the firearm when 
assembled; (d) the design and function of the fire control components 
to be housed, such as the hammer, bolt or breechblock, and firing 
mechanism; (e) whether the component could permanently, conspicuously, 
and legibly be identified with a serial number and other markings in a 
manner not susceptible of being readily obliterated, altered, or 
removed, in accordance with regulations; (f) whether classifying the 
particular component is consistent with the legislative intent of the 
GCA and implementing regulations; and (g) whether classifying the 
component as the frame or receiver is consistent with ATF's prior 
classifications.
    Even though neither the upper nor the lower portion of a split/
multi-piece receiver firearm alone falls within the precise wording of 
the regulatory definition, ATF has for many years interpreted the 
regulatory definition using these factors as a guide in determining 
which portion of a weapon model is a firearm frame or receiver. Indeed, 
the current definitions were never intended to be, or understood to be, 
exhaustive; at the time the current definitions were adopted there were 
numerous models of firearms that did not contain a part that fully met 
the regulatory definition of ``frame or receiver,'' such as the Colt 
1911, FN-FAL, and the AR-15/M-16, all of which were originally 
manufactured almost exclusively for military use, and ATF has long 
applied these factors in determining which component of those weapons 
qualifies as the frame or receiver.\11\
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    \11\ See footnote 9 supra.
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    Existing law recognizes that the definition of ``frame or 
receiver'' need not be limited to a strict application of the 
regulation. The prefatory paragraph to the definitional section of 27 
CFR 478.11 (Meaning of Terms) states: ``[w]hen used in this part and in 
forms

[[Page 27722]]

prescribed under this part, where not otherwise distinctly expressed or 
manifestly incompatible with the intent thereof, terms shall have the 
meanings ascribed in this section.'' \12\ The intent of Congress, as 
indicated by the plain language and the statutory scheme of the GCA, is 
to regulate--as a firearm--the frame or receiver of a firearm. See 111 
Cong. Rec. 5527 (March 22, 1965). As stated above, Congress replaced 
the term ``part or parts'' in the FFA definition of ``firearm'' with 
``frame or receiver,'' the major parts of a weapon regulated under the 
GCA. This includes marking these parts with serial numbers for tracing 
purposes, recording these parts as ``firearms'' in required records, 
and running a National Instant Criminal Background Check System 
(``NICS'') background check when individuals purchase or acquire them.
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    \12\ ATF's predecessor agency, the Alcohol, Tobacco and Firearms 
Division within the Internal Revenue Service, derived this 
limitation on the application of definitions from the Internal 
Revenue Code (``IRC''), 26 U.S.C. 7701(a). Courts interpreting 
definitions in the IRC have not strictly applied those definitions 
where they would be manifestly incompatible with the intent of the 
applicable statute. See, e.g., Pierre v. Commissioner, 133 T.C. 24, 
35 (2009) (even though a Limited Liability Company was not among any 
of the named entities defined in section 7701, it would be 
manifestly incompatible with the Federal estate and gift tax 
statutes to exclude them); Bunnel v. Commissioner, 50 T.C. 837, 841 
(1968) (literal application of the definition of ``taxpayer'' in 
section 7701(a)(14) was avoided where it was manifestly incompatible 
with the intent of other sections of the IRC); Davis v. 
Commissioner, 30 T.C. 462, 466-67 (1958) (strict geographical 
application of the term ``United States'' in 26 U.S.C. 3797(a)(9) 
(now 7701(a)(9)) to the territory of American Samoa, rather than in 
a political sense, would be manifestly incompatible with the intent 
and purpose of the income tax exemption for persons earning income 
outside the United States).
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    In the past few years, however, some courts have treated the 
regulatory definition as exhaustive when applied to the lower portion 
of the AR-15-type rifle, which is the semiautomatic version of the M-
16-type machinegun originally designed for the U.S. military. While ATF 
for decades has classified the lower receiver of the AR-15 rifle as a 
``frame or receiver,'' courts recently have read the regulatory 
definition to mean that the lower portion of the AR-15 is not a ``frame 
or receiver'' because it only provides housing for the hammer and 
firing mechanism, but not the bolt or breechblock. See United States v. 
Rowold, 429 F. Supp. 3d 469, 475-77 (N.D. Ohio 2019) (``The language of 
the regulatory definition in Sec.  478.11 lends itself to only one 
interpretation: namely, that under the GCA, the receiver of a firearm 
must be a single unit that holds three, not two components: 1) the 
hammer, 2) the bolt or breechblock, and 3) the firing mechanism.''); 
United States v. Jimenez, 191 F. Supp. 3d 1038, 1041 (N.D. Cal. 2016) 
(``[A] receiver must have the housing for three elements: hammer, bolt 
or breechblock, and firing mechanism.''); United States v. Joseph Roh, 
SACR 14-167-JV, Minute Order p. 6 (C.D. Cal. July 27, 2020) (granting 
defendant's post-trial motion for acquittal for manufacturing AR-15 
lower receivers without a license because ``[n]o reasonable person 
would understand that a part constitutes a receiver where it lacks the 
components specified in regulation'').
    These courts' interpretation of ATF's regulations, if broadly 
followed, could mean that as many as 90 percent of all firearms now in 
the United States would not have any frame or receiver subject to 
regulation.\13\ Those firearms would include numerous widely available 
models, such as Glock-type and Sig Sauer P320 \14\ pistols, that do not 
utilize a hammer--a named component--in the firing sequence. Such a 
narrow interpretation of what constitutes a frame or receiver would 
allow persons to avoid: (a) Obtaining a license to engage in the 
business of manufacturing or importing upper or lower frames or 
receivers; (b) identifying upper or lower frames or receivers with a 
serial number and other traceable markings; (c) maintaining records of 
upper or lower frames or receivers produced or imported through which 
they can be traced; and (d) running NICS checks on potential 
transferees to determine if they are legally prohibited from receiving 
or possessing firearms when they acquire upper or lower frames or 
receivers. In turn, this would allow prohibited persons to acquire 
upper and lower receivers that can quickly be assembled into 
semiautomatic weapons more easily and without a background check.\15\ 
If no portion of split/multi-piece frames or receivers were subject to 
any existing regulations, such as marking, recordkeeping, or background 
checks, law enforcement's ability to trace semiautomatic firearms later 
used in crime would be severely impeded. This result would thereby 
undermine the intent of Congress in requiring the frame or receiver of 
every firearm to be identified, see 18 U.S.C. 923(i), and regulated as 
a firearm, see 18 U.S.C. 921(a)(3)(B).\16\
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    \13\ See footnote 8, supra.
    \14\ 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. 
Army Picks Sig Sauer's P320 Handgun to Replace M9 Service Pistol, 
Military.com (Jan. 19, 2017), https://www.military.com/daily-news/2017/01/19/army-picks-sig-sauer-replace-m9-service-pistol.html; 
Every U.S. military branch is about to get its hands on the Army's 
new sidearm of choice, Taskandpurpose.com (Nov. 18, 2020), https://taskandpurpose.com/military-tech/modular-handgun-system-fielding/ 
(Sig Sauer delivered its 200,000th P320 variant pistol to the 
military despite the obstacles posed by the novel coronavirus).
    \15\ See Design of AR-15 could derail charges tied to popular 
rifle, APnews.com (Jan. 13, 2020), https://apnews.com/article/396bbedbf4963a28bda99e7793ee6366.
    \16\ See footnote 2, supra.
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B. Privately Made Firearms or ``Ghost Guns''

    Technological advances have also made it easier for unlicensed 
persons to make firearms at home from standalone parts or weapon parts 
kits, or by using 3D printers or personally owned or leased equipment, 
without any records or a background check. Commonly referred to as 
``ghost guns,'' these privately made firearms (``PMFs''), when made for 
personal use, are not required by the GCA to have a serial number 
placed on the frame or receiver, making it difficult for law 
enforcement to determine where, by whom, or when they were 
manufactured, and to whom they were sold or otherwise disposed.
    In recent years, the number of PMFs recovered from crime scenes 
throughout the country has increased.\17\ From January 1, 2016, through 
December 31, 2020, there were approximately 23,906 suspected PMFs 
reported to ATF as having been recovered by law enforcement from 
potential crime scenes, including 325 homicides or attempted homicides, 
and that were attempted to be traced by ATF, broken down by year as 
follows: \18\
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    \17\ See Baltimore police report a 400% increase in untraceable 
`ghost guns', The Baltimore Sun (Feb. 18, 2021), http://www.baltimoresun.com/news/crime/bs-pr-md-ci-cr-ghost-gun-ban-20210218-ae2dortu6ngn5llmfmq6yxtx6m-story.html; Syracuse joins 
lawsuit against feds amid rise in ghost guns, WRVO Syracuse (Aug. 
27, 2020), https://www.wrvo.org/post/syracuse-joins-lawsuit-against-feds-amid-rise-ghost-guns#stream/0; Ghost Guns: The build-it-
yourself firearms that skirt most federal gun laws and are virtually 
untraceable, CBS News (May 10, 2020), https://www.cbsnews.com/news/ghost-guns-untraceable-weapons-criminal-cases-60-minutes-2020-05-10/
; Untraceable ghost guns proliferate as Philadelphia grapples with 
violence, The Morning Call (Mar. 18, 2020), https://www.mcall.com/news/pennsylvania/mc-nws-pa-philadelphia-ghost-guns-20200318-jzyt4thyvvgntproexbleyleay-story.html; Ghost Guns Are Everywhere in 
California, The Trace (May 17, 2019), https://www.thetrace.org/2019/05/ghost-gun-california-crime/; The Rise of Untraceable Ghost Guns, 
Wall Street Journal (Jan. 4, 2018), https://www.wsj.com/articles/the-rise-of-untraceable-ghost-guns-1515061800; How D.C. Is 
Addressing An Ongoing Spike In Gun Violence, NPR Washington (Mar. 2, 
2020), https://www.npr.org/local/305/2020/03/02/811194978/how-d-c-is-addressing-an-ongoing-spike-in-gun-violence; Untraceable `Ghost 
Guns' sold across Central Florida, WKMG-TV Orlando (Nov. 15, 2016), 
https://www.clickorlando.com/getting-results/2016/11/15/untraceable-ghost-guns-sold-across-central-florida/.
    \18\ Source: ATF Office of Strategic Intelligence and 
Information. These numbers (as of March 4, 2021) are likely far 
lower than the actual number of PMFs recovered from crime scenes 
because some law enforcement departments incorrectly trace some PMFs 
as commercially manufactured firearms, or may not see a need to use 
their resources to attempt to trace firearms with no serial number 
or other identifiable markings. The term ``suspected PMF'' is used 
because of the difficulty of getting law enforcement officials to 
uniformly enter PMF trace information into ATF's electronic tracing 
system (``eTrace''), resulting in reporting inconsistencies of PMFs 
involved in crime. For example, often PMFs resemble commercially 
manufactured firearms, or incorporate parts from commercially 
manufactured firearms bearing that manufacturer's name, so some 
firearms suspected of being PMFs were entered into eTrace using a 
commercial manufacturer's name rather than as one privately made by 
an individual. The term ``potential crime scenes'' is used because 
ATF does not know if the firearm being traced by the law enforcement 
agency was found at a crime scene as opposed to one recovered by 
them that was stolen or otherwise not from at the scene of a crime. 
This is because the recovery location or correlated crime is not 
always communicated by the agency to ATF in the tracing process.


[[Page 27723]]


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2016: 1,750
2017: 2,507
2018: 3,776
2019: 7,161
2020: 8,712

It is, therefore, not unexpected that numerous Federal criminal cases 
have been brought by the Department to counter illegal trafficking in 
unserialized home-completed and assembled weapons, and possession of 
such weapons by prohibited persons.\19\
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    \19\ See, e.g., Kissimmee Man Sentenced To Five Years In Prison 
For Manufacturing Over 200 ``Ghost Guns'' Without A License, D.O.J 
Office of Public Affairs (June 12, 2018), https://www.justice.gov/usao-mdfl/pr/kissimmee-man-sentenced-five-years-prison-manufacturing-over-200-ghost-guns-without; Grass Valley Man 
Sentenced to 5 Years in Prison for Unlawfully Manufacturing Ghost 
Guns and Selling Them on Dark Web, DOJ Office of Public Affairs 
(Sept. 21, 2018), https://www.justice.gov/usao-edca/pr/grass-valley-man-sentenced-5-years-prison-unlawfully-manufacturing-ghost-guns-and; Rhode Island Man Charged with Building, Selling ``Ghost'' 
Machine Gun, DOJ Office of Public Affairs (Dec. 12, 2018), https://www.justice.gov/usao-ri/pr/rhode-island-man-charged-building-selling-ghost-machine-gun; Conroe Man Ordered to Prison for Making 
``Ghost Guns'', DOJ Office of Public Affairs (Feb. 21, 2019) https://www.justice.gov/usao-sdtx/pr/conroe-man-ordered-prison-making-ghost-guns; Seven Felons Indicted, Dozens of Firearms Seized as Part 
of Investigation Targeting Criminal Gun Sales in Orange County, DOJ 
Office of Public Affairs (Oct. 10, 2019), https://www.justice.gov/usao-cdca/pr/seven-felons-indicted-dozens-firearms-seized-part-investigation-targeting-criminal-gun; Man Sentenced to 15 Years for 
Trafficking ``Ghost Guns'' and Drugs, DOJ Office of Public Affairs 
(Feb. 14, 2020), https://www.justice.gov/usao-edva/pr/man-sentenced-15-years-trafficking-ghost-guns-and-drugs; Tampa Man Sentenced To 
Over Five Years For Manufacturing Counterfeit Credit Cards, Fake 
IDs, And Illegal Firearms, DOJ Office of Public Affairs (June 26, 
2020), https://www.justice.gov/usao-mdfl/pr/tampa-man-sentenced-over-five-years-manufacturing-counterfeit-credit-cards-fake-ids-and; 
Alleged Dealer of Ghost Guns and Machinegun Conversion Devices 
Arraigned, DOJ Office of Public Affairs (July 15, 2020), https://www.justice.gov/usao-edva/pr/alleged-dealer-ghost-guns-and-machinegun-conversion-devices-arraigned; Connecticut Man Charged 
with Firearm Trafficking, DOJ Office of Public Affairs (Aug. 12, 
2020), https://www.justice.gov/usao-ma/pr/connecticut-man-charged-firearm-trafficking; Operation `Black Phoenix' Leads to Federal 
Charges Against 25 Who Allegedly Engaged in Illegal Narcotics and 
Firearms Sales, DOJ Office of Public Affairs (Sept. 15, 2020), 
https://www.justice.gov/usao-cdca/pr/operation-black-phoenix-leads-federal-charges-against-25-who-allegedly-engaged-illegal; D.C. Felon 
Pleads Guilty in Federal Court in Maryland to Illegal Possession of 
a ``Ghost Gun'' Firearm and Ammunition, DOJ Office of Public Affairs 
(Sept. 22, 2020), https://www.justice.gov/usao-md/pr/dc-felon-pleads-gui&lty-federal-court-maryland-illegal-possession-ghost-gun-firearm-and; Ghost Gun and Machine Gun Conversion Device Dealer 
Pleads Guilty, DOJ Office of Public Affairs (Sept. 29, 2020), 
https://www.justice.gov/usao-edva/pr/ghost-gun-and-machine-gun-conversion-device-dealer-pleads-guilty; Felon sentenced to more than 
five years in prison for arsenal of `ghost guns' and smuggled 
silencers, DOJ Office of Public Affairs (Oct. 9, 2020), https://www.justice.gov/usao-wdwa/pr/felon-sentenced-more-five-years-prison-arsenal-ghost-guns-and-smuggled-silencers; Montgomery County Man 
Admits to Unlawfully Selling ``Ghost Guns'', DOJ Office of Public 
Affairs (Nov. 5, 2020), https://www.justice.gov/usao-ndny/pr/montgomery-county-man-admits-unlawfully-selling-ghost-guns; Drug 
Dealer Who Sold ``Ghost Guns,'' Silencers, and a Machinegun 
Sentenced to Thirty Years in Federal Prison, DOJ Office of Public 
Affairs (Nov. 6, 2020), https://www.justice.gov/usao-ndia/pr/drug-dealer-who-sold-ghost-guns-silencers-and-machinegun-sentenced-thirty-years-federal; Baltimore Man Sentenced to 21 Years in Federal 
Prison for Five Bank Robberies, Five Armed Robberies of Liquor 
Stores, and Related Firearms Charges, DOJ Office of Public Affairs 
(Nov. 12, 2020), https://www.justice.gov/usao-md/pr/baltimore-man-sentenced-21-years-federal-prison-five-bank-robberies-five-armed-robberies; Philadelphia Man Sentenced to 12\1/2\ Years for 
Trafficking Methamphetamine and Weapons, Including `Ghost Guns,' 
Near Schools, DOJ Office of Public Affairs (Dec. 30, 2020), https://www.justice.gov/usao-edpa/pr/philadelphia-man-sentenced-12-12-years-trafficking-methamphetamine-and-weapons; Vineland Boys Gang Member 
Pleads Guilty to Racketeering Offenses, Including Attempted Murder 
and Narcotics Trafficking, DOJ Office of Public Affairs (Jan. 22, 
2021), https://www.justice.gov/usao-cdca/pr/vineland-boys-gang-member-pleads-guilty-racketeering-offenses-including-attempted; 
Burbank Man Arrested on Federal Complaint Alleging He Sold `Ghost 
Guns' Out of His Hookah Lounge, DOJ Office of Public Affairs (Jan. 
29, 2021), https://www.justice.gov/usao-cdca/pr/burbank-man-arrested-federal-complaint-alleging-he-sold-ghost-guns-out-his-hookah; Saratoga County Man Admits to Unlawfully Selling ``Ghost 
Guns'' and Methamphetamine Distribution, DOJ Office of Public 
Affairs (Feb. 3, 2021), https://www.justice.gov/usao-ndny/pr/saratoga-county-man-admits-unlawfully-selling-ghost-guns-and-methamphetamine; Orange County Man Sentenced to 10 Years in Federal 
Prison for Brokering Illegal Sales of `Ghost Guns,' Other Firearms, 
DOJ Office of Public Affairs (Feb. 8, 2021), https://www.justice.gov/usao-cdca/pr/orange-county-man-sentenced-10-years-federal-prison-brokering-illegal-sales-ghost-guns.
---------------------------------------------------------------------------

    The problem of untraceable firearms being acquired and used by 
violent criminals and terrorists is international in scope. On May 28, 
2019, citing intelligence reports by the Department of Homeland 
Security (``DHS''), the Federal Bureau of Investigation (``FBI''), and 
the National Counterterrorism Center (``NCTC''), the House Committee on 
Homeland Security issued a report concluding that ``[g]host guns not 
only pose a challenge on the front end, enabling prohibited buyers to 
purchase deadly weapons with just a few clicks online, but also on the 
back end, hamstringing law enforcement's ability to investigate crimes 
committed with untraceable weapons'' and that the ``wide availability 
of ghost guns and the emergence of functional 3D-printed guns are a 
homeland security threat. Terrorists and other bad actors may seek to 
exploit the availability of these weapons for dangerous ends.'' H.R. 
Rep. No. 116-88, at 2 (May 28, 2019).\20\ Criminal investigations and 
studies highlight this concern.\21\
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    \20\ Specifically, the House Report cited a January 11, 2019, 
Joint Intelligence Bulletin issued by DHS, FBI, and NCTC concluding 
that ``these rapidly evolving technologies pose an ongoing, 
metastasizing challenge to law enforcement in understanding, 
tracking, and tracing ghost guns,'' and an April 19, 2019, DHS 
intelligence assessment that ``repeated the warning that ghost guns 
pose an urgent and evolving threat to the homeland, particularly in 
the hands of ideologically motivated lone wolf actors.'' H.R. Rep. 
No. 116-88, at 2.
    \21\ CBP: 3-D-printed full-auto rifle seized at Lukeville 
crossing, tucsonsentinel.com (Feb. 8, 2016), http://www.tucsonsentinel.com/local/report/020816_3d_printed_gun/cbp-3-d-printed-full-auto-rifle-seized-lukeville-crossing/; Firearms using 
3D-printed components seized in Sweden, Armament Research Services 
(May 19, 2017), https://armamentresearch.com/3d-printed-firearms-seized-in-sweden/; The TSA Has Found 3D-Printed Guns at Airport 
Checkpoints 4 Times Since 2016, Time (Aug. 2, 2018), https://time.com/5356179/3d-printed-guns-tsa/; Indiana Residents Indicted on 
Terrorism and Firearms Charges, DOJ Office of Public Affairs (July 
11, 2019), https://www.justice.gov/opa/pr/indiana-residents-indicted-terrorism-and-firearms-charges; Use of 3D printed guns in 
German synagogue shooting must act as warning to security services, 
experts say, independent.co.uk (Oct. 11, 2019), https://www.independent.co.uk/news/world/europe/3d-gun-print-germany-synagogue-shooting-stephan-balliet-neo-nazi-a9152746.html; TSA 
Confiscated 3D-Printed Guns at Raleigh-Durham International Airport, 
nextgov.com (Mar. 4, 2020), https://www.nextgov.com/emerging-tech/2020/03/tsa-confiscated-3d-printed-guns-raleigh-durham-international-airport/163533/; Man Sentenced for Attempting to Board 
International Flight with a Loaded Firearm, DOJ Office of Public 
Affairs (Mar. 12, 2021), https://www.justice.gov/usao-sdca/pr/man-sentenced-attempting-board-international-flight-loaded-firearm; 
Glock ghost guns up for grabs on the dark web, Australian National 
University (Mar. 23, 2021), https://www.anu.edu.au/news/all-news/glock-ghost-guns-up-for-grabs-on-the-dark-web; Spain dismantles 
workshop making 3D-printed weapons, BBC, (Apr. 19, 2021), https://www.bbc.com/news/world-europe-56798743.
---------------------------------------------------------------------------

    The GCA ``insists that the dealer keep certain records, to enable 
federal authorities both to enforce the law's verification measures and 
to trace firearms used in crimes.'' Abramski v. United States, 573 U.S. 
169, 173 (2014) (citing H. Rep. No. 1577, 90th Cong., 2d Sess., 14 
(1968)). ``That information helps to fight serious crime.'' Id. at 182; 
see also Identification Markings Placed on Firearms, 66 FR 40597 (Aug. 
3, 2001) (``Firearms tracing is an integral part of

[[Page 27724]]

any investigation involving the criminal use of firearms.''); Blaustein 
& Reich, Inc. v. Buckles, 220 F. Supp. 2d 535, 537 (E.D. Va. 2002) (ATF 
has a statutory duty pursuant to the GCA to trace firearms to keep them 
out of the hands of criminals).\22\ An accurate firearm description is 
necessary to trace a firearm and is required to be recorded by a person 
licensed to engage in the business of manufacturing, importing, or 
dealing in firearms, or by a licensed collector of curio or relic 
firearms, regardless of whether it is a business or personal 
firearm.\23\
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    \22\ See also ATF Ruling 2009-5, p.2 (``The unique marks of 
identification of firearms serve several purposes. First, the marks 
are used by Federal firearms licensees to effectively track their 
firearms inventories and maintain all required records. Second, the 
marks enable law enforcement officers to trace specific firearms 
used in crimes from the manufacturer or importer to individual 
purchasers, and to identify particular firearms that have been lost 
or stolen. Further, marks help prove in certain criminal 
prosecutions that firearms used in a crime have travelled in 
interstate or foreign commerce.'').
    \23\ See 18 U.S.C. 923(g)(1)(D); 27 CFR 478.125(f) (disposition 
records of a Federal firearms licensee's personal collection 
firearms must contain a complete description of the firearm); House 
Consideration and Passage of S.2414, 99th Cong., 2d Sess., 132 Cong. 
Rec. 15229 (June 24, 1986) (Statement of Rep. Hughes) (``In order 
for the law enforcement Firearm Tracing Program to operate, some 
minimal level of recordkeeping is required [for sales from dealers' 
personal collections]. Otherwise, we will not have tracing 
capability. This provision simply requires that a bound volume be 
maintained by the dealer of the sales of firearms which would 
include a complete description of the firearm, including its 
manufacturer, model number, and its serial number and the verified 
name, address, and date of birth of the purchaser. There is only a 
minimal inconvenience for the dealer, yet obtaining and recording 
this information is critical to avoid serious damage to the Firearm 
Tracing Program.'').
---------------------------------------------------------------------------

    ATF traces firearms found by law enforcement at a crime scene by 
first contacting the licensed manufacturer or importer marked on the 
frame or receiver who maintains permanent records of their manufacture 
or importation and disposition. Using the information obtained from 
those required records, ATF then contacts each licensed dealer or other 
licensee who recorded their receipt and disposition to locate the first 
unlicensed purchaser to help find the perpetrator or otherwise solve 
the crime.\24\ However, because PMFs do not bear a serial number or 
other markings of a licensed manufacturer or importer, ATF has found it 
extremely difficult to complete such traces on behalf of law 
enforcement to individual unlicensed purchasers. From January 1, 2016, 
through March 4, 2021, ATF could only complete traces of suspected PMFs 
recovered by law enforcement to an individual purchaser in 
approximately 151 out of 23,946 attempts, generally by tracing a serial 
number engraved on a handgun slide, barrel, or other firearm part not 
currently defined as a frame or receiver, but recorded by licensees in 
the absence of other markings.\25\
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    \24\ Licensees must respond to ATF trace requests within 24 
hours. 18 U.S.C. 923(g)(7); see also J&G Sales Ltd. v. Truscott, 473 
F.3d 1043, 1045-46 (9th Cir. 2007) (describing the tracing process).
    \25\ Source: ATF Office of Strategic Intelligence and 
Information. These figures were extracted on May 5, 2021, and 
include traces for both U.S. and international law enforcement 
agencies.
---------------------------------------------------------------------------

    With the proliferation of PMFs, ATF has also received numerous 
requests from licensees seeking clarity on how they may be accepted and 
recorded so that they can track their inventories, process warranty 
claims, reconcile any missing inventory, respond to trace requests, and 
report lost or stolen PMFs to police and insurance companies. Federal 
law and regulations require licensees, before conducting business, to 
inventory the firearms possessed for such business and record it in a 
Firearms Acquisition and Disposition Record (``A&D Record'').\26\ After 
commencing business, licensees must record all firearms received and 
disposed of by the business in the A&D Record to include the following 
information separated into columns: Manufacturer and/or importer, 
model, serial no., type, and caliber or gauge.\27\ When a firearm is 
disposed to an unlicensed person, licensees are required to complete a 
Firearms Transaction Record, ATF Form 4473 (``Form 4473'').\28\ Like 
the A&D Record, this form requires licensees to record the manufacturer 
and importer, model (if designated), serial number, type, and caliber 
or gauge of the firearm. Licensees are also required by law to report 
the theft or loss of firearms on a Federal Firearms Licensee Theft/Loss 
Report, ATF Form 3310.11, which includes a description of the 
manufacturer, importer, model, serial number, type, and caliber/gauge 
of each firearm stolen or lost.\29\ And when licensees sell or 
otherwise dispose of multiple pistols or revolvers within five 
consecutive business days to the same person, they must report to ATF 
the type, serial number, manufacturer, model, importer, and caliber on 
a Report of Multiple Sale or Other Disposition of Pistols and 
Revolvers, ATF Form 3310.4.\30\
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    \26\ 27 CFR 478.125(e).
    \27\ 18 U.S.C. 923(g)(1)(A); 27 CFR 478.125(e), (f).
    \28\ 18 U.S.C. 923(g)(1)(A); 27 CFR 478.124.
    \29\ 18 U.S.C. 923(g)(6); 27 CFR 478.39a(b).
    \30\ 18 U.S.C. 923(g)(3)(A); 27 CFR 478.126a. Pursuant to 18 
U.S.C. 923(g)(5)(A), licensed dealers along the Southwest border are 
also required by demand letter to report to ATF multiple sales of 
certain rifles during five consecutive business days to the same 
person on ATF Form 3310.12, including the rifle's serial number, 
manufacturer, importer, model, and caliber. Also under that statute, 
licensed dealers with 15 or more trace requests with a ``time-to-
crime'' of three years or less must report to ATF the acquisition 
date, model, caliber or gauge, and the serial number of a secondhand 
firearm transferred by the dealer.
---------------------------------------------------------------------------

    However, because PMFs do not have markings identifying the name of 
a licensed manufacturer or importer, model, serial number, or caliber/
gauge, licensees might only record a ``type'' of firearm (e.g., pistol, 
revolver, rifle, or shotgun) in their A&D Records and on ATF Forms 
4473. Over time, as more PMFs are accepted into inventory, it will 
become increasingly difficult, if not impossible, for licensees and ATF 
(during inspections) to distinguish between those PMFs physically in 
the firearms inventory and those recorded in required A&D Records, as 
well as determine which PMFs recorded as disposed on ATF Form 4473, 
were those recorded as disposed in the A&D Record.\31\ Likewise, it 
will be difficult for licensees and ATF to accurately determine which 
PMFs were stolen or lost from inventory, and for police to locate 
stolen PMFs in the business inventories of pawnbrokers,\32\ or to 
return any recovered stolen or lost PMFs to their rightful owners.
---------------------------------------------------------------------------

    \31\ In United States v. Biswell, 406 U.S. 311, 315-16 (1972), 
the Supreme Court explained that ``close scrutiny of [firearms] 
traffic is undeniably of central importance to federal efforts to 
prevent violent crime and to assist the States in regulating the 
firearms traffic within their borders. Large interests are at stake, 
and inspection is a crucial part of the regulatory scheme, since it 
assures that weapons are distributed through regular channels and in 
a traceable manner and makes possible the prevention of sales to 
undesirable customers and the detection of the origin of particular 
firearms.'' (citation omitted).
    \32\ Most states require pawnbrokers to record or report any 
serial number and other identifying markings on pawned merchandise 
so that police can determine their origin. See Ala. Code section 5-
19A-3(1); Alaska Stat. section 08.76.180(a)(4); Ariz. Rev. Stat. 
section 44-1625(C)(5); Colo. Rev. Stat. section 29-11.9-103(1); 
Conn. Gen. Stat. section 21-41(c); Del. Code tit. 24, section 
2302(a)(1)(b); DC Code section 47-2884.11(d); Fla. Stat. section 
538.04(1)(b)(3),(9); Ga. Code section 44-12-132(4); Haw. Rev. Stat. 
section 445-134.11(c)(10); 205 Ill. Comp. Stat. section 510/5(a); 
Ind. Code section 28-7-5-19(a)(4); Ky. Rev. Stat. Ann. section 
226.040(1)(d)(7); La. Stat. Ann. section 37:1782(16)(a); Mass. Gen. 
Laws ch. 140 section 79; Mich. Comp. Laws section 446.205(5)(1),(4); 
Minn. Stat. section 325J.04(Sub.1)(1); Miss. Code Ann. section 75-
67-305(1)(a)(iii),(ix); Mo. Rev. Stat. section 367.040(6)(b); Neb. 
Rev. Stat. section 69-204(3); N.M. Stat. section 56-12-9(A)(3); N.C. 
Gen. Stat. section 66-391(b)(1); Ohio Rev. Code section 4727.07; 
Okla. Stat. tit. 59 section 1509(D)(h); S.C. Code Ann. section 40-
39-80(B)(1)(l)(iii),(ix); Tenn. Code Ann. section 45-6-
209(b)(1)(C),(H); Tex. Fin. Code section 371.157(4); Utah Code 
section 13-32a-104(1)(h)(i)(A); Va. Code Ann. section 54.1-
4009(A)(1); Wash. Rev. Code section 19.60.020(1)(e); W. Va. Code 
section 47-26-2(b)(1); Wis. Stat. section 134.71(8)(c)(2).
---------------------------------------------------------------------------

    Not only does the inability to distinguish between unmarked 
firearms

[[Page 27725]]

make it extremely difficult for law enforcement to trace PMFs involved 
in crime, it also makes it more difficult for Federal, State, and local 
law enforcement to identify and prosecute illegal firearms traffickers 
who are often tied to violent criminals and armed narcotics 
traffickers.\33\ The ATF Form 4473 is the primary evidence used to 
prosecute straw purchasers who buy firearms from a Federal firearms 
licensee on behalf of prohibited persons, such as felons, and other 
persons who could use them to commit a violent crime. 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. 
922(a)(6) and 924(a)(1)(A), or State law.\34\ But as unmarked and 
difficult-to-trace PMFs proliferate throughout the marketplace, it is 
likely to become increasingly difficult to prove that firearms acquired 
under false pretenses on a Form 4473 were the ones found in the hands 
of the true purchaser--and thus more difficult to prosecute straw 
purchasers for making false statements.\35\ This assumes, of course, 
that the PMF involved in the crime could even be traced to the Federal 
firearms licensee, or that the correct Form 4473 could be located. 
Likewise, the absence of identifying firearm information on multiple 
sales forms and theft/loss reports makes it more difficult for ATF to 
identify firearms traffickers and thieves.\36\
---------------------------------------------------------------------------

    \33\ See United States v. Marzzarella, 614 F.3d 85, 100 (3rd 
Cir. 2010) (``The direct tracing of the chain of custody of firearms 
involved in crimes is one useful means by which serial numbers 
assist law enforcement. But serial number tracing also provides 
agencies with vital criminology statistics--including a detailed 
picture of the geographical source areas for firearms trafficking 
and ``time-to-crime'' statistics which measure the time between a 
firearm's initial retail sale and its recovery in a crime--as well 
as allowing for the identification of individual dealers involved in 
the trafficking of firearms and the matching of ballistics data with 
recovered firearms.''); Following the Gun, Enforcing Federal Laws 
Against Firearms Traffickers, ATF Publication, pp.1, 26 (June 2000) 
(serial number obliteration is a clear indicator of firearms 
trafficking to, among other criminals, armed narcotics traffickers).
    \34\ See, e.g., Abramski v. United States, 573 U.S. 169 (2014); 
Marshall v. Commonwealth, 822 S.E.2d 389 (Va. App. 2019); 
Commonwealth v. Baxter, 956 A.2d 465 (Pa. Super 2008).
    \35\ See, e.g., United States v. Powell, 467 F. Supp. 3d 360, 
368, 374 (E.D. Va. 2020) (indictment charging false statements on 
ATF Form 4473 in connection with the purchase of specific handguns 
listed by date of purchase, make, caliber, model, serial number, and 
name of FFL); United States v. McCurdy, 634 F. Supp. 2d 118 (D. Me 
2009) (denial of a motion for a new trial discussing whether the 
firearm sold as documented on the ATF Form 4473 and the firearm 
introduced at trial were the same).
    \36\ The lack of firearm description information in theft/loss 
reports makes it difficult for ATF to match recovered firearms with 
those reported as lost or stolen, thereby hindering ATF's efforts to 
enforce the numerous provisions of the GCA that prohibit thefts. See 
18 U.S.C. 922(i) (transporting or shipping stolen firearms in 
interstate or foreign commerce); id. at 922(j) (receiving, 
possessing, concealing, storing, bartering, selling, disposing, or 
pledging or accepting as security for a loan any stolen firearm 
which has moved in interstate or foreign commerce); id. at 922(u) 
(stealing a firearm that has been shipped or transported in 
interstate or foreign commerce from the person or premises of an 
FFL); id. at 924(l) (stealing a firearm which is moving in or has 
moved in interstate commerce); and id. at 924(m) (stealing a firearm 
from a licensee).
---------------------------------------------------------------------------

    Although clarifying the definition of ``frame or receiver'' in this 
rule would help the firearms industry and the public understand which 
part of a complete weapon is the regulated ``frame or receiver,'' and 
more commercially manufactured frames or receivers are likely to be 
marked by licensed manufacturers as a result, PMFs are increasingly 
being made or 3D printed at home without any identifying marks, 
recordkeeping, or background checks. In turn, these firearms are 
progressively finding their way to licensees who may wish to acquire 
them so they can advertise and market them broadly, or who may repair, 
customize, or accept them as security in pawn for a loan. Rulemaking is 
therefore necessary to ensure that PMFs are not unlawfully manufactured 
for sale to licensees who may wish to acquire them for resale, or 
accept them as security in pawn for a loan, as this would undermine the 
important public safety goals of the GCA to reduce violent crime, which 
includes assisting State and local law enforcement in their efforts to 
control the traffic of firearms within their borders.\37\ Indeed, 
several States and municipalities have banned or severely restricted 
unserialized or 3D printed firearms.\38\
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    \37\ See Public Law 90-351, sec. 901(a), 82 Stat. 212, 225-26 
(1968); 18 U.S.C. 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. at 922(t)(2),(4) (NICS 
background check denied if receipt of firearm by transferee would 
violate State law); id. at 923(d)(1)(F) (requiring license 
applicants to certify compliance with the requirements of State and 
local law applicable to the conduct of business).
    \38\ See Cal. Pen. Code. section 29180 (prohibiting ownership of 
firearms that do not bear a serial number or other mark of 
identification provided by the State); Conn. Gen. Stat. section 29-
36a(a) (prohibiting manufacture of firearms without permanently 
affixing serial numbers issued by the State); DC Code section 7-
2504.08(a) (prohibiting licensees from selling firearms without 
serial numbers); Haw. Rev. Stat. section 134-10.2 (prohibiting 
unlicensed persons from producing 3D printed or parts kit firearms 
without a serial number); Mass. Gen. Laws 269 section 11E 
(prohibiting manufacture or delivery of unserialized firearms to 
licensed dealer); N.J. Stat. Ann. section 2C:39-3(n) (prohibiting 
possession of firearms manufactured or assembled without serial 
number); N.Y. Penal Law sections 265.50, 265.55 (prohibiting 
manufacture/possession of undetectable firearms); R.I. Gen. Laws 
section 11-47-8(e) (prohibiting possession of ``a ghost gun or an 
undetectable firearm or any firearm produced by a 3D printing 
process''); Va. Code. Ann. section 18.2-308.5 (prohibiting 
possession of undetectable firearms); Wash. Rev. 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, Reason.com 
(Nov. 22, 2013), https://reason.com/2013/11/22/philadelphia-becomes-first-city-to-ban-3/; County Council Unanimously Approves Ghost Gun 
Bill, Mocoshow.com (April 6, 2021), https://mocoshow.com/blog/county-council-unanimously-approves-ghost-gun-bill/?fbclid=IwAR1KCyFal3AId31WKCTLanR-uEUj_-dW_T32lND5gfKmle_-nvIbZyT052.
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II. Proposed Rule

    Due to judicial developments as well as continued technological 
advancements in firearms manufacturing, maintaining the current 
definitions negatively affects both public safety and the regulated 
firearms industry. For these reasons, the Department proposes amending 
ATF's regulations to clarify the definition of ``firearm'' and to 
provide a more comprehensive definition of ``frame or receiver'' so 
that those definitions more accurately reflect firearm configurations 
not explicitly captured under the existing definitions in 27 CFR 478.11 
and 479.11. Further, this NPRM proposes new terms and definitions to 
take into account technological developments and modern terminology in 
the firearms industry, as well as amendments to the marking and 
recordkeeping requirements that would be necessary to implement these 
definitions. However, nothing in this rule would restrict persons not 
otherwise prohibited from possessing firearms from making their own 
firearms at home without markings solely for personal use (not for sale 
or distribution) in accordance with Federal, State, and local law. 
Also, while licensed manufacturers who sell or distribute firearms to 
law enforcement agencies would be subject to this rule, law enforcement 
agencies (not engaged in the business of manufacturing firearms for 
sale or distribution) would be excluded from this rule, including 
associated amendments to the marking and recordkeeping requirements 
necessary to implement its definitions.

[[Page 27726]]

A. Definition of ``Firearm''

    Under the GCA and implementing regulations, the term ``firearm'' 
includes:
    ``(A) 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.'' 18 U.S.C. 921(a)(3); 27 CFR 478.11 (emphasis 
added). Although weapon parts kits in their unassembled, incomplete, 
and/or unfinished state or configuration generally will not expel a 
projectile by the action of an explosive at the time of sale or 
distribution, weapon parts kits that are ``designed to'' \39\ or ``may 
readily be converted'' \40\ to expel a projectile by the action of an 
explosive are ``firearms'' under the GCA.\41\
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    \39\ See H.R. Rep. 90-1577, at 4416 (June 21, 1968) (``This 
provision makes it clear that so-called unserviceable firearms come 
within the definition.''); S. Rep. No. 90-1097, at 2200 (April 29, 
1968) (same). Numerous courts have held that weapons designed to 
expel a projectile by the action of an explosive are ``firearms'' 
under 18 U.S.C. 921(a)(3)(A) even if they cannot expel a projectile 
in their present form or configuration. See, e.g., United States v. 
Hardin, 889 F.3d 945, 946 (8th Cir. 2017) (pistol with broken 
trigger and numerous missing internal parts was a weapon designed to 
expel a projectile by the action of an explosive); United States v. 
Dotson, 712 F.3d 369 (7th Cir. 2013) (damaged pistol with corroded, 
missing and broken components); United States v. Rivera, 415 F.3d 
284, 285-87 (2nd Cir. 2005) (pistol with a broken firing pin and 
flattened firing-pin channel); United States. v. Brown, 117 F.3d 353 
(7th Cir. 1997) (no firing pin); United States v. Reed, 114 F.3d 
1053 (10th Cir. 1997) (shotgun with broken breech bolt); United 
States v. Hunter, 101 F.3d 82 (9th Cir. 1996) (pistol with broken 
firing pin); United States v. Yannott, 42 F.3d 999, 1005 (6th Cir. 
1994) (shotgun with broken firing pin); United States v. Ruiz, 986 
F.2d 905, 910 (5th Cir. 1993) (revolver with hammer filed down); 
United States. v. York, 830 F.2d 885, 891 (8th Cir. 1987) (revolver 
with no firing pin and cylinder did not line up with barrel). But 
see United States v. Wada, 323 F. Supp. 2d 1079 (D. Or. 2004) 
(firearms redesigned as ornaments that ``would take a great deal of 
time, expertise, equipment, and materials to attempt to reactivate'' 
were no longer designed to expel a projectile by the action of an 
explosive and could not readily be converted to do so).
    \40\ See, e.g., United States v. Wick, 697 F. App'x 507, 508 
(9th Cir. 2017) (complete UZI parts kits ``could `readily be 
converted to expel a projectile by the action of an explosive,' 
meeting the statute's definition of firearm under section 
921(a)(3)(A)'' because the ``kits contained all of the necessary 
components to assemble a fully functioning firearm with relative 
ease''); United States v. Stewart, 451 F.3d 1071, 1073 n.2 (9th Cir. 
2006) (upholding district court's finding that .50 caliber rifle 
kits with incomplete receivers were ``firearms'' under 921(a)(3)(A) 
because they could easily be converted to expel a projectile); 
United States v. Morales, 280 F. Supp. 2d 262, 272-73 (S.D.N.Y. 
2003) (partially disassembled Tec-9 pistol that could be assembled 
within short period of time could readily be converted to expel a 
projectile).
    \41\ The plain language of the definition of ``firearm'' in 18 
U.S.C. 921(a)(3)(A) states that a weapon need not function so long 
as it is designed to, or may readily be converted to, expel a 
projectile. Even though they generally cannot function to expel a 
projectile when sold, weapon parts kits are still ``weapons''--real 
combat instruments, such as pistols, revolvers, rifles, or 
shotguns--in an unassembled, unfinished, and/or incomplete state or 
configuration. There is no minimum utility or lethality requirement 
in the GCA or NFA for an item to be considered a ``weapon.'' Cf. 
United States v. Thompson/Center Arms, 504 U.S. 505, 513, n.6 (1992) 
(a rifle was ``made'' under the NFA when a pistol was packaged 
together with a disassembled rifle parts kit); United States v. 
Hunter, 843 F. Supp. 235, 256 (E.D. Mich. 1994) (``If Defendants 
believe that machinegun conversion kits are not in and of themselves 
`weapons' under Sec.  921(a)(3), they forget that that section 
clearly envisions machineguns as weapons.''); United States v. 
Drasen, 845 F.2d 731, 736-37 (7th Cir. 1988) (rejecting argument 
that a collection of rifle parts cannot be a ``weapon'').
---------------------------------------------------------------------------

    In recent years, individuals have been purchasing firearm parts 
kits with incomplete frames or receivers, commonly called ``80% 
receivers,'' \42\ either directly from manufacturers of the kits or 
retailers, without background checks or recordkeeping. Some of these 
parts kits contain most or all of the components (finished or 
unfinished) necessary to complete a functional weapon within a short 
period of time. Some of them include jigs, templates, instructions, 
drill bits, and tools that allow the purchaser to complete the weapon 
to a functional state with minimal effort, expertise, or equipment. 
Weapon parts kits such as these are ``firearms'' under the GCA because 
they are designed to or may readily be converted to expel a projectile 
by the action of an explosive.\43\ Manufacturers of such parts kits 
must be licensed, abide by the marking and recordkeeping requirements, 
and pay Federal Firearms Excise Tax on their sales price.\44\ Any 
Federal firearms licensee that sells such kits to unlicensed 
individuals would need to complete ATF Forms 4473, conduct NICS 
background checks, and abide by the recordkeeping requirements 
applicable to fully completed and assembled firearms.\45\ 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.''
---------------------------------------------------------------------------

    \42\ The term ``80% receiver'' is a term used by some industry 
members, the public, and the media to describe a frame or receiver 
that has not yet reached a stage in manufacture to be classified as 
a ``frame or receiver'' under Federal law. However, that term is 
neither found in Federal law nor accepted by ATF.
    \43\ See footnotes 39 and 40, supra.
    \44\ The Internal Revenue Code of 1954, 26 U.S.C. 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. See Rev. Rul. 62-169 (IRS RRU), 
1962-2 C.B. 245 (kits which contain all of the necessary component 
parts for the assembly of shotguns are complete firearms in 
knockdown condition even though, in assembling the shotguns the 
purchaser must `final-shape,' sand, and finish the fore-arm and the 
stock); cf. Rev. Rul. 61-189 (IRS RRU), 1961-2 C.B. 185 (kits 
containing unassembled components and tools to complete artificial 
flies for fisherman were sporting goods subject to excise tax); Hine 
v. United States, 113 F. Supp. 340, 343 (Ct. Cl. 1953) (``True 
enough, [these fishing rod kits] might be called `blanks' by those 
engaged in the trade, but what could they be called or to what 
practical use could they be put other than `fishing rods?' Plaintiff 
says that it would be extremely difficult if not impossible to case 
with a `blank' rod and this is true, but we can conceive of no other 
practical use for them except as fishing rods. . . . Having reached 
the stage of manufacture or development where they became 
recognizable as one of the sporting goods described in Section 
3406(a)(1) the rods upon being sold were subject to tax even though 
there remained one or more finishing operations to be performed.'') 
(citations omitted).
    \45\ Additionally, persons who engage in the business of selling 
or distributing such weapon parts kits cannot avoid licensing, 
marking, recordkeeping, or excise taxation by selling or shipping 
the parts in more than one box or shipment to the same person, or by 
conspiring with another person to do so. See, e.g., United States v. 
Evans, 928 F.2d 858 (9th Cir. 1991) (conspiracy to cause and aid and 
abet the possession of unregistered machineguns where one defendant 
sold parts kits containing all component parts of Sten machineguns 
except receiver tubes, and the other sold customers blank receiver 
tubes along with detailed instructions on how to complete them); 
Internal Revenue Service Technical Advice Memorandum 8709002, 1986 
WL 372494, at 4 (Nov. 13, 1986) (for purposes of imposing Firearms 
Excise Tax it is irrelevant whether the components of a revolver in 
an unassembled knockdown condition are sold separately to the same 
purchaser in various related transactions, rather than sold as a 
complete kit in a single transaction).
---------------------------------------------------------------------------

    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. Because such 
weapons have been completely destroyed or permanently redesigned not to 
expel a projectile by the action of an explosive, and cannot readily be 
converted to do so, ATF would not consider them as either ``designed 
to'' or ``readily assembled, completed, converted, or restored to expel 
a projectile by the action of an explosive.'' To make this clear, this 
proposed rule would add another sentence to the end of the definition 
of ``firearm'' in 27 CFR 478.11 to provide that ``[t]he term shall not 
include a weapon, including a weapon parts kit, in which each part 
defined as a frame or receiver of such weapon is destroyed.'' (see 
Section II.B.5 of the preamble)

B. Definition of ``Frame or Receiver''

    The proposed new regulatory definition of ``frame or receiver'' 
would be a multi-part definition added to 27

[[Page 27727]]

CFR 478.11 and 479.11 (referencing section 478.11). First, there would 
be a general definition of ``frame or receiver'' with non-exclusive 
examples that illustrate the definition. This would be followed by 
supplements that further explain the meaning of the term ``frame or 
receiver'' for certain firearm designs and configurations, as follows: 
(a) Firearm muffler or silencer frame or receiver; (b) split or modular 
frame or receiver, also followed by examples of the frames or receivers 
for common firearm designs that are distinguishable because of 
differences in firing cycle, method of operation, or physical design 
characteristics; (c) partially complete, disassembled, or inoperable 
frame or receiver; and (d) destroyed frame or receiver. 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. ATF would also continue to consider 
the same factors when classifying firearms (see Section I.A of the 
preamble).
1. General Definition of ``Frame or Receiver''
    ATF proposes to replace the respective regulatory definitions of 
``firearm frame or receiver'' and ``frame or receiver'' in 27 CFR 
478.11 and 479.11 because they too narrowly limit the definition of 
receiver with respect to most current firearms and have led to 
erroneous district court decisions. Indeed, most firearms currently in 
circulation in the United States do not have a specific part that 
expressly falls within the current ``frame or receiver'' regulatory 
definitions. 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. Should the current definition remain in 
place and courts continue to interpret it such that no part or parts of 
most firearms are defined as the frame or receiver, these unserialized 
parts, easily purchased and assembled to create functioning firearms, 
would be untraceable, thereby putting the public at risk. While a 
``frame or receiver'' is clearly within the statutory definition of 
what constitutes a ``firearm'' under the GCA, 18 U.S.C. 921(a)(3)(B), 
clarifying that this term includes how most modern-day firearms operate 
would help ensure that the regulatory definition of ``frame or 
receiver'' will not be misinterpreted by the courts, the firearms 
industry, or the public at large to mean that most firearms in 
circulation have no part identifiable as a frame or receiver.
    As a threshold matter, the new definition makes clear that a 
``frame or receiver'' must be visible to the exterior when the complete 
weapon is assembled so that licensees can quickly record the 
identifying markings, and law enforcement officers who recover the 
weapon can easily see the identifying markings for tracing purposes. 
Nonetheless, as explained in Section II.B.3 of the preamble, an 
internal frame or chassis at least partially exposed to the exterior to 
allow identification may be determined by ATF to be the frame or 
receiver of a split or modular frame or receiver.
    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. Unlike the prior definitions 
of ``frame or receiver'' that were rigidly tied to three specific fire 
control components (i.e., those necessary for the firearm to initiate 
or complete the firing sequence), the new regulatory definition is 
intended to be general enough to encompass changes in technology and 
parts terminology. With respect to the fire control components housed 
by the frame or receiver, the definition would include, at a minimum, 
any housing or holding structure for a hammer, bolt, bolt carrier, 
breechblock, cylinder, trigger mechanism, firing pin, striker, or slide 
rails. However, the definition is not limited to those particular fire 
control components.\46\ There may be future changes in firearms 
technology or terminology resulting in housings or holding structures 
for new or different components that initiate, complete, or continue 
the firing sequence of weapons that expel a projectile by the action of 
an explosive. For further clarity, the definition would then give four 
nonexclusive examples with illustrations of common single-framed 
firearms: (1) Hinged or single frame revolver (structure to hold the 
trigger, hammer, and cylinder); (2) bolt-action rifle (structure to 
hold the bolt and firing pin, and attach the trigger mechanism); (3) 
break action, lever action, or pump action rifle or shotgun (housing 
for the bolt and firing pin, or a structure designed to integrate the 
breechblock); and (4) semiautomatic firearm or machinegun with a single 
receiver housing all fire control components (housing for the hammer, 
bolt, trigger mechanism, and firing pin, e.g., AK-type firearms).
---------------------------------------------------------------------------

    \46\ The prefatory paragraph to the definitional sections in the 
GCA and NFA regulations explain that ``[t]he terms `includes' and 
`including' do not exclude other things not enumerated which are in 
the same general class or are otherwise within the scope thereof.'' 
27 CFR 478.11, 479.11.
---------------------------------------------------------------------------

    Finally, the definition would make clear to persons who may acquire 
or possess a part now defined as a ``frame or receiver'' that is 
identified with a serial number that they must presume, absent an 
official determination by ATF or other reliable evidence to the 
contrary, that the part is a firearm ``frame or receiver'' without 
further guidance.
2. Firearm Muffler or Silencer Frame or Receiver
    Under the GCA, licensed manufacturers and importers must identify 
the frame or receiver of each firearm, including a firearm muffler or 
silencer, with a serial number in accordance with regulations. 18 
U.S.C. 921(a)(3)(C), 923(i). 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. 26 U.S.C. 5842(a); id. at 
5845(a)(7). Because under the NFA each individual part of a firearm 
muffler or silencer is a ``firearm'' \47\ that must be registered in 
the National Firearms Registration and Transfer Record (``NFRTR''), the 
regulations currently assume that every part defined as a silencer must 
be marked in order to be registered, and expressly require that they be 
marked whenever sold, shipped, or otherwise disposed even though they 
may be installed by a qualified licensee within a complete muffler or 
silencer device.\48\
---------------------------------------------------------------------------

    \47\ A firearm ``muffler or silencer'' is defined to include 
``any combination of parts'' designed and intended for the use in 
assembling or fabricating a firearm silencer or muffler and ``any 
part intended only for use in such assembly or fabrication.'' 18 
U.S.C. 921(a)(24); 26 U.S.C. 5845(a)(7); 27 CFR 478.11; id. at 
479.11. This rule defines the term ``complete muffler or silencer 
device'' not to say that individual silencer parts are not 
considered a firearm ``muffler or silencer'' subject to the 
requirements of the NFA, but to advise industry members when those 
individual silencer parts must be marked and registered in the NFRTR 
when they are used in assembling or fabricating a muffler or 
silencer device.
    \48\ See 27 CFR 479.101(b); 478.92(a)(4)(iii); 479.102(f)(1).
---------------------------------------------------------------------------

    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

[[Page 27728]]

housing of the complete device is marked and registered. Not only is it 
difficult for manufacturers to apply identifying markings, there is 
also the administrative difficulty in timely filing and processing 
numerous ATF Forms 2, Notice of Firearms Manufactured or Imported upon 
manufacture of each part, and ATF Forms 3, Application for Tax-Exempt 
Transfer of Firearm and Registration to Special Occupational Taxpayer 
upon sale or other disposition of each part to another qualified 
licensee.
    For these reasons, ATF is proposing a number of amendments to 
clarify how and when firearm muffler or silencer parts must be marked 
and registered in the NFRTR. Among other changes (see Section II.H.9 of 
the preamble, below), this rule defines the term ``frame or receiver'' 
as it applies to a ``firearm muffler or silencer frame or receiver'' 
and adds the term ``complete muffler or silencer device'' (see Section 
II.D of the preamble). Under the NPRM, the term ``frame or receiver'' 
means, ``in the case of a firearm muffler or firearm silencer, a part 
of the firearm that, when the complete device is assembled, is visible 
from the exterior and provides housing or a structure, such as an outer 
tube or modular piece, designed to hold or integrate one or more 
essential internal components of the device, including any of the 
following: baffles, baffling material, or expansion chamber.'' These 
new definitions would clarify for manufacturers and makers of complete 
muffler or silencer devices that they need only mark each part (or 
specific part(s) previously determined by the Director) 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 (see Section II.H.9 of the preamble).\49\
---------------------------------------------------------------------------

    \49\ This rule is consistent with ATF enforcement policy. See 
footnote 72 infra.
---------------------------------------------------------------------------

    ATF anticipates that, under this supplemental definition, the outer 
tube of a complete muffler or silencer device would be considered the 
frame or receiver with respect to most commercial silencer designs 
currently on the market. This is because the outer tube would be the 
only housing for essential internal components (e.g., baffles or 
baffling material) of the complete device. Marking the outer tube, as 
distinguished from a smaller non-housing component like an end cap that 
can be damaged upon expulsion of projectiles, best preserves the 
ability of law enforcement to trace the silencer device if used in 
crime, and is consistent with recommendations ATF has received from the 
firearms industry.\50\
---------------------------------------------------------------------------

    \50\ In 2016, ATF issued an Advance Notice of Proposed 
Rulemaking in response to a petition for rulemaking from a firearms 
industry trade association recommending that regulations be amended 
to require that a silencer be marked on the outer tube (as opposed 
to other locations), unless a variance is granted by the Director on 
a case-by-case basis for good cause. See 81 FR 26764 (May 4, 2016).
---------------------------------------------------------------------------

    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. This is because 
any housing or structure designed to hold or integrate an essential 
internal component of the muffler or silencer device would meet the 
definition. While the proposed definition gives examples of internal 
components that manufacturers must consider as essential, e.g., 
baffles, baffling material, or expansion chamber, it is not limited to 
those particular components.\51\
---------------------------------------------------------------------------

    \51\ See footnote 46, supra.
---------------------------------------------------------------------------

3. Split or Modular Frame or Receiver
    This second supplement explains that ATF may determine ``in the 
case of a firearm with more than one part that provides housing or a 
structure designed to hold or integrate one or more fire control or 
essential components'' whether one or more specific part(s) of a weapon 
is the frame or receiver, which may include an internal frame or 
chassis at least partially exposed to the exterior to allow 
identification. It then sets forth the factors ATF considers in making 
this determination: ``(a) Which component the manufacturer intended to 
be the frame or receiver; (b) which component the firearms industry 
commonly considers to be the frame or receiver with respect to the same 
or similar firearms; (c) how the component fits within the overall 
design of the firearm when assembled; (d) the design and function of 
the fire control components to be housed or integrated; (e) whether the 
component may permanently, conspicuously, and legibly be identified 
with a serial number and other markings in a manner not susceptible of 
being readily obliterated, altered, or removed; (f) whether classifying 
the particular component is consistent with the legislative intent of 
the Act and this part; and (g) whether classifying the component as the 
frame or receiver is consistent with the Director's prior 
classifications.'' No single factor is controlling. It would further 
make clear that ``[f]rames or receivers of different weapons that are 
combined to create a similar weapon each retain their respective 
classifications as frames or receivers provided they retain their 
original design and configuration.''
    This supplement to the general definition addresses one of the core 
problems of the current definition of ``firearm frame or receiver;'' 
namely, that a majority of firearms now use a split or modular design 
in which more than one part houses a different fire control component 
and/or incorporates a striker instead of a hammer. It would make clear 
that even though a firearm, including a silencer, may have more than 
one part that falls within the definition of ``frame or receiver,'' ATF 
may classify a specific part or parts to be the ``frame or receiver'' 
of a particular weapon. For this reason, manufacturers may wish to 
submit samples to ATF for classification of one or more particular 
components as the frame or receiver so that they need only mark a 
specific part or parts of a weapon, rather than all qualifying parts 
(see Section II.H.10 of the preamble) or obtain a marking variance (see 
Section II.H.6 of the preamble). However, this supplemental definition 
would also make clear that ATF would not classify an internal frame or 
chassis as a ``frame or receiver'' unless it is at least partially 
exposed to the exterior to allow identification so that licensees 
accepting them into inventory can quickly record the identifying 
markings, and law enforcement officers who recover the weapon can 
easily see the identifying markings for tracing purposes.\52\
---------------------------------------------------------------------------

    \52\ Markings must also be clearly visible from the exterior 
because they may be needed to prove that a criminal defendant had 
knowledge that the serial number was obliterated or altered. See, 
e.g., Lewis v. United States, No. 3:12-0522, 2012 WL 5198090, at *4 
(M.D. Tenn. Oct. 19, 2012) (serial number obliterated on the 
``visible exterior'' of a revolver); State v. Shirley, No. 107449, 
2019 WL 2156402 (Ct. App. Ohio May 16, 2019) (same); cf. United 
States v. Sands, 948 F.3d 709, 719 (6th Cir. 2020) (serial number is 
not altered or obliterated so long as it is ``visible to the naked 
eye''); United States v. St. Hilaire, 960 F.3d 61, 66 (2d Cir. 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.'').
---------------------------------------------------------------------------

    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

[[Page 27729]]

ATF classifications. To provide more clarity, this supplement to the 
definition would include a nonexclusive list of common weapons with a 
split/multi-piece frame or receiver configuration for which ATF has 
previously determined a specific part to be the frame or receiver. If a 
manufacturer produces or an importer imports a firearm falling within 
one of these designs as they exist as of the date of publication of a 
final rule, it can refer to this list to know which part is the frame 
or receiver. The manufacturer or importer can then mark without needing 
to ask ATF for a classification. The nonexclusive list identifies the 
frame or receiver for the following firearms: (i) Colt 1911-type, 
Beretta/Browning/FN Herstal/Heckler & Koch/Ruger/Sig Sauer/Smith & 
Wesson/Taurus hammer fired semiautomatic pistols; (ii) Glock-type 
striker fired semiautomatic pistols; (iii) Sig Sauer P320-type 
semiautomatic pistols; (iv) certain locking block rail system 
semiautomatic pistols; (v) AR-15-type and Beretta AR-70-type firearms; 
(vi) Steyr AUG-type firearms; (vii) Thompson M1A1-type machineguns and 
semiautomatic variants, and L1A1, FN FAL, FN FNC, MP 38, MP 40, and SIG 
550 type firearms, and HK-type machineguns and semiautomatic variants; 
(viii) Vickers/Maxim, Browning 1919, and M2-type machineguns, and box-
type machineguns and semiautomatic variants thereof; and (ix) Sten, 
Sterling, and Kel-tec Sub-2000-type firearms. However, if there is a 
present or future split or modular design for a firearm that is not 
comparable to an existing classification, then the definition of 
``frame or receiver'' would advise that more than one part is the frame 
or receiver subject to marking and other requirements, unless a 
specific classification or marking variance is obtained from ATF, as 
described above.
4. Partially Complete, Disassembled, or Inoperable Frame or Receiver
    This third supplement would define ``frame or receiver'' to 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.'' To determine this 
status, ``the Director may consider any available instructions, guides, 
templates, jigs, equipment, tools, or marketing materials.'' For 
clarification, ``partially complete'' for purposes of this definition 
``means a forging, casting, printing, extrusion, machined body, or 
similar article that has reached a stage in manufacture where it is 
clearly identifiable as an unfinished component part of a weapon.''
    This supplement addresses another core challenge of the existing, 
definition of firearm ``frame or receiver;'' namely, that it does not 
address the question when an object becomes a frame or receiver. While 
the GCA and implementing regulations define a ``firearm'' to include 
the ``frame or receiver,'' neither delineates when a frame or receiver 
is created. The crucial inquiry, then, is the point at which an 
unregulated piece of metal, plastic, or other material becomes a 
regulated item under Federal law. ATF has long held that a piece of 
metal, plastic, or other material becomes a frame or receiver when it 
has reached a critical stage of manufacture. This is the point at which 
a substantial step has been taken, or a critical line crossed, so that 
the item in question may be so classified under the law. This 
``critical stage of manufacture'' is when the article becomes 
sufficiently complete to function as a frame or receiver, or may 
readily be completed, assembled, converted, or restored to accept the 
parts it is intended to house or hold.\53\
---------------------------------------------------------------------------

    \53\ ATF Letter to Private Counsel #907010 (Mar. 20, 2015).
---------------------------------------------------------------------------

    Clarifying this issue is needed to deter the increased sale or 
distribution of unlicensed and unregulated partially complete or 
unassembled frames or receivers often sold within parts kits that can 
readily be completed or assembled to a functional state.\54\ Many kits 
that include unfinished frame or receivers have been sold by 
nonlicensees who were not required to run a background check or 
maintain transaction records. Accordingly, prohibited persons have 
easily obtained them.\55\ Moreover, without any markings, they are 
nearly impossible to trace. Although this addition is intended to 
capture when an item becomes a frame or receiver that is regulated 
irrespective of the type of technology used to complete the assembly, 
frame or receiver molds that can accept metal or polymer, unformed 
blocks of metal, and other articles only in a primordial state would 
not--without more--be considered a ``partially complete'' frame or 
receiver. However, when a frame or receiver is broken or has been 
disassembled into pieces that can readily be made into a frame or 
receiver, or is a partially complete frame or receiver forging, 
casting, or additive printing \56\ that has reached a stage in 
manufacture where it can readily be made into a functional frame or 
receiver, that article would be a ``frame or receiver'' under the GCA.
---------------------------------------------------------------------------

    \54\ The Polymer 80 assembly, for example, may be completed in 
under thirty minutes. See, e.g., Silverback Reviews, Polymer 80 
Lower Completion/Parts Kit Install, YouTube (Aug. 19, 2019), https://www.youtube.com/watch?v=ThzFOIYZgIg (21-minute video of completion 
of a Polymer 80 lower parts kit with no slide). Indeed, the internet 
is replete with people with no experience completing these firearms. 
See HandleBandle, DIY: How to Build a Gun at Home (That Shoots) Part 
1, YouTube (Oct. 7, 2018), https://www.youtube.com/watch?v=nO-8Pns9aq4; HandleBandle, Polymer 80 with No Experience Tips (Build 
Part 2), YouTube (Oct. 7, 2018), https://www.youtube.com/watch?v=a0JM5v45vsg;HandleBandle, Legally Building a Gun in My 
Living Room (5D Tactical Glock Kit), YouTube (Oct. 18, 2018), 
https://www.youtube.com/watch?v=5SaNLrhnnuA.
    \55\ See Bridgeport Felon Sentenced to More Than 5 Years in 
Federal Prison for Possessing Firearms, Justice.gov (Jan. 7, 2021), 
https://www.justice.gov/usao-ct/pr/bridgeport-felon-sentenced-more-5-years-federal-prison-possessing-firearms; Winthrop man had 
homemade `ghost' guns and 3,000 rounds of ammunition, prosecutors 
say, Boston.com (Aug. 5, 2020), https://www.boston.com/news/crime/2020/08/05/winthrop-man-had-homemade-ghost-guns-prosecutors-say; 
`Ghost Gun' used in shooting that killed two outside Snyder County 
restaurant, Penn Live (Jul. 14, 2020), https://www.pennlive.com/crime/2020/07/ghost-gun-used-in-shooting-that-killed-two-outside-snyder-county-restaurant.html; The gunman in the Saugus High School 
shooting used a `ghost gun,' sheriff says, CNN (Nov. 21, 2019), 
https://www.cnn.com/2019/11/21/us/saugus-shooting-ghost-gun/index.html; How the felon killed at Walmart got his handgun, DA 
says, LehighValleyLive.com (March 28, 2018), https://www.lehighvalleylive.com/news/2018/05/how_the_felon_killed_at_walmar.html; `Ghost guns': Loophole allows 
felons to legally buy gun parts online, KIRO7.com, https://www.kiro7.com/news/local/ghost-guns-federal-loophole-allows-felons-to-legally-buy-gun-parts-online-build-assault-weapons/703695149/.
    \56\ ATF does not believe the production of 3D printed frames or 
receivers is substantial at this time when compared with 
commercially produced firearms. For the most part, individuals 
currently make PMFs from parts kits produced commercially, not by 
using 3D printers. However, the cost, capabilities, and availability 
of 3D printers are quickly improving.
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5. Destroyed Frame or Receiver
    This fourth supplement would exclude from the definition of ``frame 
or receiver'' any frame or receiver that is destroyed. The supplement 
describes what it means to be a ``destroyed'' frame or receiver: One 
permanently altered not to provide housing or a structure that may hold 
or integrate any fire control or essential internal component, and that 
may not readily be assembled, completed, converted, or restored to a 
functional state. This new definition then would set forth nonexclusive 
acceptable methods of destruction, which have been provided by ATF in 
past guidance.\57\
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    \57\ See How to Properly Destroy Firearms, ATF.gov, https://www.atf.gov/firearms/how-properly-destroy-firearms; ATF Rul. 2003-1 
(destruction of Browning M1919 type receivers); ATF Rul.2003-2 (FN 
FAL type receivers); ATF Rul. 2003-3 (H&K G3 type receivers); ATF 
Rul. 2003-4 (Sten type receivers).

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[[Page 27730]]

C. Definition of ``Readily''

    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. This definition and factors considered in determining 
whether a weapon, including a weapon parts kit, or unfinished or 
damaged frame or receiver may readily be assembled, completed, 
converted, or restored to function are based on case law interpreting 
the terms ``may readily be converted to expel a projectile'' in 18 
U.S.C. 921(a)(3)(A) and ``can be readily restored to shoot'' in 26 
U.S.C. 5845(b).\58\ Thus, defining the term ``readily'' is necessary to 
provide further clarity in determining when incomplete weapons or 
configurations of parts become a ``firearm'' regulated under the GCA 
and NFA.
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    \58\ See United States v. Dodson, 519 F. App'x 344, 352-53 (6th 
Cir. 2013) (gun that was restored with 90 minutes of work, using 
widely available parts and equipment and common welding techniques, 
fit comfortably within the readily restorable standard); United 
States v. TRW Rifle 7.62x51mm Caliber, 447 F.3d 686, 692 (9th Cir. 
2006) (a two-hour restoration process using ordinary tools, 
including a stick weld, is within the ordinary meaning of ``readily 
restored''); United States v. Mullins, 446 F.3d 750, 756 (8th Cir. 
2006) (a starter gun that can be modified in less than one hour by a 
person without any specialized knowledge to fire may be considered 
``readily convertible'' under the GCA); United States v. One TRW, 
Model M14, 7.62 Caliber Rifle, 441 F.3d 416, 422-24 (6th Cir. 2006) 
(``[T]he Defendant weapon here had all of the necessary parts for 
restoration and would take no more than six hours to restore.''); 
United States v. Woods, 560 F.2d 660, 664 (5th Cir. 1977) (holding 
that a weapon was a shotgun within the meaning of 26 U.S.C. 5845(d) 
and stating ``[t]he fact that the weapon was in two pieces when 
found is immaterial considering that only a minimum of effort was 
required to make it operable.''); United States v. Smith, 477 F.2d 
399, 400-01 (8th Cir. 1973) (machinegun that would take around an 
eight-hour working day in a properly equipped machine shop was 
readily restored to shoot); United States v. 16,179 Molso Italian 
.22 Caliber Winler Derringer Convertible Starter Guns, 443 F.2d 463 
(2d Cir. 1971) (starter guns converted in no more than 12 minutes to 
fire live ammunition were readily convertible under the GCA); United 
States v. Morales, 280 F. Supp. 2d 262, 272-73 (S.D.N.Y. 2003) 
(partially disassembled Tec-9 pistol that could be assembled within 
a short period of time could readily be converted to expel a 
projectile); United States v. Catanzaro, 368 F. Supp. 450, 453 (D. 
Conn. 1973) (a sawed-off shotgun was ``readily restorable to fire'' 
where it could be reassembled in one hour and the necessary missing 
parts could be obtained at a Smith & Wesson plant); compare with 
United States v. Seven Miscellaneous Firearms, 503 F. Supp. 565, 
574-75 (D.D.C. 1980) (weapons could not be ``readily restored to 
fire'' when restoration required master gunsmith in a gun shop and 
$65,000 worth of equipment and tools).
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D. Definitions of ``Complete Weapon'' and ``Complete Muffler or 
Silencer Device''

    This proposed rule would add definitions for ``complete weapon'' 
and ``complete muffler or silencer device'' to 27 CFR 478.11 and 
479.11. 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.

E. Definition of ``Privately Made Firearm''

    The NPRM proposes adding a definition of ``privately made firearm'' 
to 27 CFR 478.11 to mean ``[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 would not include a firearm identified and 
registered in the NFRTR pursuant to chapter 53, title 26, United States 
Code, or any firearm made before October 22, 1968 (unless 
remanufactured after that date). This proposed definition explains that 
PMFs are those firearms that were made by nonlicensees without the 
markings required by this part, and excludes those already marked and 
registered in the NFRTR, and any firearm made before enactment of the 
GCA which, unlike the repealed law it replaced, required all firearms 
to be marked under federal law.\59\ The term ``made'' is incorporated 
within the term ``privately made firearm'' rather than ``manufacture'' 
to distinguish between firearms manufactured (or ``made'') by private 
individuals without a license and those manufactured by persons 
licensed to engage in the business of manufacturing firearms.\60\
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    \59\ The Federal Firearms Act of 1938 (repealed), the 
predecessor to the GCA, made it unlawful for a person to receive a 
firearm that had the manufacturer's serial number removed, 
obliterated or altered. 15 U.S.C. 902(i). Regulations promulgated to 
implement this law required each firearm manufactured after July 1, 
1958, to be identified with the name of the manufacturer or 
importer, a serial number, caliber, and model. However, there was an 
exception from the serial number and model requirements for any 
shotgun or .22 caliber rifle unless that firearm was also subject to 
the NFA. 26 CFR 177.50 (rescinded).
    \60\ Both the GCA and NFA define the term ``manufacturer'' as 
any person ``engaged in the business of manufacturing firearms,'' 
and the GCA further defines the term ``licensed manufacturer'' as 
``any such person licensed under the provisions of this chapter.'' 
18 U.S.C. 921(a)(10); 26 U.S.C. 5845(m). The NFA further defines the 
term ``make,'' and the various derivatives of that word, to include 
``manufacturing (other than by one qualified to engage in the 
business under this chapter), putting together, altering, any 
combination of these, or otherwise producing a firearm.'' 26 U.S.C. 
5845(i).
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F. Definition of ``Importer's or Manufacturer's Serial Number''

    The proposed rule would define the term ``importer's or 
manufacturer's serial number'' in 27 CFR 478.11 as: ``[t]he 
identification number, licensee name, licensee city or state, or 
license number placed by a licensee on a firearm frame or receiver in 
accordance with this part. The term shall include any such 
identification on a privately made firearm, or an ATF issued serial 
number.'' Because ``privately made firearms'' are manufactured by 
someone other than a licensed manufacturer, the serial number that 
incorporates the abbreviated Federal firearms license (``FFL'') number 
placed by a licensee on a PMF under this rule is the ``importer's or 
manufacturer's serial number.'' This definition would help ensure that 
the serial numbers and other markings necessary to ensure tracing, 
including those placed by a licensee on a ``privately made firearm'' or 
marked with an ATF-issued serial number,\61\ to include imported 
firearms, are considered the ``importer's or manufacturer's serial 
number'' protected by 18 U.S.C. 922(k), which prohibits their removal, 
obliteration, or alteration.\62\
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    \61\ ATF occasionally issues serial numbers for placement on 
firearms in which the serial numbers were not originally placed, see 
26 U.S.C. 5842(b), or were accidentally removed, damaged, or worn 
due to routine use or other innocent reason.
    \62\ In addition to Federal law, 18 U.S.C. 922(k) and 26 U.S.C. 
5861(g), (h), (i), almost every state prohibits the removal, 
alteration, or obliteration of a firearm's serial number or 
possession of a firearm with a serial number that has been removed, 
altered, or obliterated. See Ala. Code section 13A-11-64; Alaska 
Stat. section 11.61.200; Ariz. Rev. Stat. section 13-3102; Ark. Code 
section 5-73-107; Cal. Penal Code section 23900; Colo. Rev. Stat. 
section 18-12-103; Conn. Gen. Stat. section 29-36; Del. Code tit. 11 
section 1459; Fla. Stat. Ann. section 790.27; Ga. Code. Ann. section 
16-9-70; Haw. Rev. Stat. section 134-10; Idaho Code Ann. section 18-
2410; 720 Ill. Comp. Stat. section 5/24-5; Ind. Code section 35-47-
2-18; Kan. Stat. Ann. section 21-6306; Ky. Rev. Stat. section 
527.050; La. Stat. Ann. section 40:1788; Me. Stat. tit. 17-A section 
705(E); Md. Code Pub. Safety section 5-142; Mass. Gen. Laws 269 
section 11C; Mich. Comp. Laws section 750.230; Minnesota Stat. 
section 609.667; Mo. Rev. Stat. section 571.050; Mont. Code Ann. 
section 45-6-326; Neb. Rev. Stat. sections 28-1207, 28-1208; Nev. 
Rev. Stat. section 202.277; N.H. Rev. Stat. Ann. section 637:7-a; 
N.J. Stat. Ann. section 2C:39-3(d); N.Y. Penal Law section 
265.02(3); N.C. Gen. Stat. section 14-160.2; N.D. Cent. Code section 
62.1-03-05; Ohio Rev. Code section 2923.201; Okla. Stat. tit. 21 
section 1550(B); Or. Rev. Stat. section 166.450; 18 Pa. Cons. Stat. 
sections 6110.2, 6117; R.I. Gen. Laws section 11-47-24; S.C. Code. 
Ann. section 16-23-30(C) (handguns); S.D. Codified Laws 22-14-5; 
Tenn. Code Ann. section 39-14-134; Tex. Penal Code section 31.11; 
Utah Code section 76-10-521 (handguns); Va. Code Ann. section 18.2-
311.1; Wash. Rev. Code section 9.41.140; W. Va. Code section 18.2-
311.1; Wis. Stat. section 943.37(3).

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[[Page 27731]]

G. Definition of ``Gunsmith'' 63
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    \63\ The term ``gunsmith'' is not used in the GCA; however, the 
Firearm Owners' Protection Act, Public Law 99-308, amended the GCA 
to define ``engaged in the business'' as applied to dealers to 
clarify when gunsmiths must have a license. See 18 U.S.C. 
921(a)(11)(B); id. at (a)(21)(D); 132 Cong. Rec. 9603-04 (May 6, 
1986) (statement of Sen. McClure).
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    To provide greater access to professional marking, this proposed 
rule would clarify that the meaning of the term ``gunsmith'' includes 
persons who engage in the business of identifying firearms for 
nonlicensees so that gunsmiths may become licensed as dealer-gunsmiths 
solely to provide professional PMF marking services. 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.''
    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.\64\ Under this rule, 
PMFs would first need to be recorded by the dealer-gunsmith as an 
acquisition in the licensee's A&D Records upon receipt from the private 
owner (whether or not the licensee keeps the PMF overnight), and once 
marked, the licensee would update the acquisition entry with the 
identifying information, and then record its return as a disposition to 
the private owner. This would ensure that the PMF, if ever found by 
police at a crime scene, can be traced. However, no ATF Form 4473 or 
NICS background check would be required upon return of the marked 
firearm to the person from whom it was received, pursuant to 27 CFR 
478.124(a).
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    \64\ By clarifying the definition of gunsmith to mean a service 
routinely performed on existing firearms that are not for sale or 
distribution by a licensee, this rule would supersede ATF Ruling 
2010-10, which allows gunsmiths under specified conditions to engage 
in certain manufacturing activities for licensed manufacturers. This 
would eliminate a significant source of confusion among regulated 
industry members and the public as to who needs a license to 
manufacture firearms. See Broughman v. Carver, 624 F.3d 670 (4th 
Cir. 2010) (distinguishing dealer-gunsmiths from manufacturers).
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H. Marking Requirements for Firearms

1. Information Required To Be Marked on the Frame(s) or Receiver(s)
    To properly implement the new definitions, this proposed rule would 
amend 27 CFR 478.92(a) and 479.102 to explain how and when markings 
must be applied on each part defined as a frame or receiver, 
particularly since there could be more than one part of a complete 
weapon, or complete muffler or silencer device, that is the frame or 
receiver (i.e., when ATF has not identified specific part(s) as the 
frame or receiver). After publication of a final rule, each frame or 
receiver of a new firearm design or configuration manufactured or 
imported after the date of publication of the final rule would need to 
be marked with a serial number, and either: (a) The manufacturer's or 
importer's name (or recognized abbreviation), and city and State (or 
recognized abbreviation) where the manufacturer or importer maintains 
their place of business, or in the case of a maker of an NFA firearm, 
where the firearm was made; or (b) the manufacturer's or importer's 
name (or recognized abbreviation), and the serial number beginning with 
the licensee's abbreviated FFL number as a prefix, which is the first 
three and last five digits followed by a hyphen, and then followed by a 
number (which may incorporate letters and a hyphen) as a suffix, e.g., 
``12345678-[number].'' The serial number (with or without the FFL 
prefix) identified on each part of a weapon defined as a frame or 
receiver must be the same number, but must not duplicate any serial 
number(s) placed by the licensee on any other firearm.
    The additional information required to be marked on each frame or 
receiver (i.e., name, city and state, or name and abbreviated serial 
number) would only apply to new designs or configurations of firearms 
manufactured or imported after publication of the rule. 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. This provision 
is intended to reduce production costs incurred by licensees.
    Requiring Federal firearms licensees to mark in this manner on each 
part defined as a frame or receiver would make it possible for ATF to 
trace the firearm if the manufacturer's or importer's name, city, or 
state is marked on the slide or barrel, and the original components are 
later separated. At the same time, it would give an option for 
manufacturers and importers to avoid marking their city and state as 
currently required at Sec. Sec.  478.92(a)(1)(ii)(D), (E) and 
479.102(a)(1)(iv) and (v), or obtain a marking variance from this 
requirement, by allowing them to mark their abbreviated license number 
as a prefix to the serial number as an alternative because this 
information can be obtained by looking up the licensee's information. 
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. 26 U.S.C. 5841(a)(1); id. at 
5845(a), (b). However, for frames or receivers, and individual 
machinegun conversion or silencer parts defined as ``firearms'' that 
are disposed of separately, the model designation and caliber or gauge 
may be omitted if it is unknown at the time the part is identified.

[[Page 27732]]

2. Size and Depth of Markings
    This proposed rule would not change the existing requirements for 
size and depth of markings in 27 CFR 478.92(a)(1) and 479.102(a), but 
for sake of clarity, consolidates them into a standalone paragraph 
along with the existing method of measuring the size and depth of 
markings set forth in 27 CFR 478.92(a)(5) and 479.102(b).
3. Period of Time To Identify Firearms
    Neither the GCA nor the NFA explain at what point in the 
manufacturing process the required markings must be placed. 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. 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. Except for silencer parts produced by 
qualified manufacturers for transfer to other licensees to complete or 
repair silencer devices (see Section II.H.9 of the preamble), parts 
defined as a frame or receiver, machinegun, or firearm muffler or 
firearm silencer that are not component parts of a complete weapon or 
device when disposed of would be allowed to be marked up to seven days 
following the date of completion of the active manufacturing process 
for the part, or prior to disposition, whichever is sooner. Adding this 
language would codify ATF Ruling 2012-1, and this ruling would become 
obsolete upon publication of the rule. As explained in that ruling, 
whether the end product is to become a complete weapon or device, or a 
frame or receiver to be disposed of separately, firearms that are 
actively awaiting materials, parts, or equipment repair to be completed 
are still considered to be actively in the manufacturing process.
4. Marking of Privately Made Firearms
    Because privately made firearms do not have the identifying 
markings required of commercially manufactured firearms, this rule 
proposes to amend 27 CFR 478.92 to require FFLs to mark, or supervise 
the marking of, the same serial number on each frame or receiver (as 
defined in this rule) 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]''). 
Unless previously identified by another licensee, PMFs acquired by 
licensees on or after the effective date of the rule would need to be 
marked in this manner within seven days of receipt or other acquisition 
(including from a personal collection), or before the date of 
disposition (including to a personal collection), whichever is 
sooner.\65\ 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. With respect to polymer firearms, 
including those that are produced using additive manufacturing (also 
known as ``3D printing''), the method of marking would typically 
require the licensee to embed (or use pre-existing) metal serial number 
plates within the plastic to ensure they cannot be worn away during 
normal use.\66\ Incorporation of this metal plate along with other 
metal components would also help ensure that the polymer firearm does 
not violate the Undetectable Firearms Act, 18 U.S.C. 922(p), which 
prohibits the manufacture and possession of firearms that are not as 
detectable as the ``Security Exemplar'' that contains 3.7 ounces of 
material type 17-4 PH stainless steel.\67\
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    \65\ Under this rule, licensed collectors would only need to 
mark PMFs they receive or otherwise acquire that are defined as 
``curios or relics.'' See 27 CFR 478.11 (definitions of ``firearm'' 
and ``curios or relics'').
    \66\ When the size and depth of markings regulations were first 
promulgated, ATF recognized that ``all markings can be removed by 
someone who wishes to make a deliberate effort to remove the 
markings. Realistically, we need to be concerned about markings that 
could be worn away during normal use or markings that could survive 
normal refinishing processes, e.g., blueing, plating, etc. . . . As 
such, ATF has required manufacturers and importers who use polymer 
plastic frames to mark serial numbers in a steel plate embedded 
within the plastic.'' 66 FR 40599 (Aug. 3, 2001).
    \67\ Handguns that are 3D printed are also subject to the 
registration and taxation requirements of the NFA if they have a 
smooth bore and are capable of being concealed on the person, 
thereby falling within the definition of ``any other weapon.'' See 
26 U.S.C. 5845(e).
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    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. Also, this proposed rule would not require Federal 
firearms licensees to accept any PMFs, or to mark them themselves. 
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. To provide greater access to professional marking, 
as stated previously, this rule would clarify that the meaning of the 
term ``gunsmith'' includes persons who engage in the business of 
identifying firearms for nonlicensees so that gunsmiths may become 
licensed as dealer-gunsmiths solely to provide professional PMF marking 
services.
    Consistent with the language and purpose of the GCA, this proposed 
provision is necessary to allow ATF to trace all firearms acquired and 
disposed of by licensees, prevent illicit firearms trafficking, and 
provide guidance to FFLs and the public with respect to PMF 
transactions with the licensed community. This provision is crucial in 
light of advances in technology that allow unlicensed persons easily to 
produce firearms at home from parts ordered online, or by using 3D 
printers or personally owned or leased equipment. Such privately made 
firearms have and will continue to make their way to the primary market 
in firearms throughout the licensed community.\68\ At the same time, 
consistent with the intent of the GCA,\69\ nothing in this rule would 
restrict persons not otherwise prohibited from possessing firearms from 
making their own firearms at home without markings solely for personal 
use (not for sale or distribution) in accordance with Federal, State, 
and local law.\70\ Persons should consult the laws and officials in 
their own States and localities to determine the lawfulness of PMFs.
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    \68\ Under Federal law, for example, certain firearm 
transactions must be conducted through Federal firearms licensees. 
See 18 U.S.C. 922(a)(5) (prohibiting any person other than a 
licensee, subject to certain limited exceptions, from selling or 
delivering a firearm to an unlicensed out of state resident).
    \69\ See Public Law 90-351, sec. 901(b), 82 Stat. 227.
    \70\ This rule is also consistent with the Second Amendment. As 
the Supreme Court stated in District of Columbia v. Heller, 554 U.S. 
570, 626-27 & n.26 (2008), ``presumptively lawful regulatory 
measures'' include those ``imposing conditions and qualifications on 
the commercial sale of arms.'' See also United States v. 
Marzzarella, 614 F.3d 85, 99 (3d Cir. 2010) (concluding that even if 
strict scrutiny were to apply, 18 U.S.C. 922(k) (prohibiting 
possession of firearms with obliterated serial numbers) would be 
upheld under the Second Amendment because ``serial number tracing 
serves a governmental interest in enabling law enforcement to gather 
vital information from recovered firearms. Because it assists law 
enforcement in this manner, we find its preservation is not only a 
substantial but a compelling interest.'').

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[[Page 27733]]

5. Meaning of Marking Terms
    An additional amendment to 27 CFR 478.92 and 478.102 would clarify 
the meaning of the terms ``legible'' and ``legibly'' to ensure that 
``the identification markings use exclusively Roman 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 that the terms 
``conspicuous'' and ``conspicuously'' are understood to 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.'' This would codify the meaning of those 
terms as explained in ATF Ruling 2002-6 (``legible''), and ATF's final 
rule at 66 FR 40599 (Aug. 3, 2001) (referencing U.S. Customs Service 
regulations on the definition of ``conspicuous'').
6. Alternate Means or Period of Identification
    This proposed rule would not alter the Director's ability to 
authorize other means of identification, or a ``marking variance,'' for 
any part defined as a firearm (including a machinegun or silencer) upon 
receipt of a letter application or an Application for Alternate Means 
of Identification of Firearms (Marking Variance), ATF Form 3311.4, 
showing that such other identification is reasonable and does not 
hinder the effective administration of the regulations. The amendment 
would also allow ATF to grant a variance from the period in which to 
mark firearms.
7. Destructive Device Period of Identification
    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 marking requirements for 
destructive devices are otherwise unchanged.
8. Adoption of Identifying Markings
    This rule proposes to authorize licensed manufacturers and 
importers to adopt an existing serial number, caliber/gauge, model, or 
other markings already identified on a firearm provided they legibly 
and conspicuously place, or cause to be placed, on each part (or 
part(s) previously determined by the Director) defined as a frame or 
receiver 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, which is the first three and last five digits 
followed by a hyphen, and then followed by the existing serial number 
(including any other abbreviated FFL prefix) as a suffix, e.g., 
``12345678-[serial number],'' to ensure the traceability of the 
firearm. 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 change would help avoid 
multiple markings on firearms that could be confusing to law 
enforcement and alleviate concerns of some manufacturers and importers 
regarding serial number duplication when firearms are remanufactured or 
reimported.
9. Firearm Muffler or Silencer Parts Transferred Between Qualified 
Licensees
    Licensed and qualified firearm muffler or silencer manufacturers 
routinely transfer small internal muffler or silencer components to 
each other to produce complete devices, and between qualified licensees 
when repairing existing devices. Because of the difficulties and 
expense of marking and registering small individual components used to 
commercially manufacture a complete muffler or silencer device with 
little law enforcement benefit, this proposed rule would allow 
qualified manufacturers to transfer parts defined as a firearm muffler 
or silencer to other qualified manufacturers without immediately 
identifying or registering them. Once the new device is complete with 
the part, the manufacturer would be required to identify and register 
the device in the manner and within the period specified in this rule 
for a complete device. Likewise, the proposed rule would allow 
qualified manufacturers to transfer muffler or silencer replacement 
parts to qualified manufacturers and dealers to repair existing devices 
already identified and registered in the NFRTR. Further, this rule 
would amend the definition of ``transfer'' to clarify that the 
temporary conveyance of 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 is not a ``transfer'' requiring 
additional identification or registration in the NFRTR. This change 
would be consistent with the definition of ``transfer'' in 26 U.S.C. 
5845(j) because a temporary conveyance for these purposes is not a sale 
or other disposition.\71\ These proposed rules are intended to reduce 
the practical and administrative problems of marking and registering 
silencer parts by the regulated industry, and avoid a potential 
resource burden on ATF to process numerous tax-exempt registration 
applications with little public safety benefit.\72\
---------------------------------------------------------------------------

    \71\ The definition of ``transfer'' in the NFA only includes 
``selling, assigning, pledging, leasing, loaning, giving away, or 
otherwise disposing of'' a firearm. See United States v. Smith, 642 
F.2d 1179, 1182 (9th Cir. 1981) (``We cannot agree that Congress 
intended to impose a transfer tax and require registration whenever 
mere physical possession of a firearm is surrendered for a brief 
period.'').
    \72\ These changes are consistent with ATF enforcement policy. 
See NFA Handbook, ATF E-Publication 5320.8 (April 2009), pp. 46, 60 
sections 7.4.6; 9.5.1. With regard to silencer repairs, in order to 
avoid any appearance that an unlawful ``transfer'' has taken place, 
ATF recommends that an Application for Tax Exempt Transfer and 
Registration of Firearm, ATF Form 5, be submitted for approval prior 
to conveying the firearm for repair or identifying the firearm. The 
conveyance may also be accomplished by submission of a letter from 
the registrant to the qualified FFL advising the FFL that the 
registrant is shipping or delivering the firearm for repair/
identification and describing the repair or identification. 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.
---------------------------------------------------------------------------

10. Voluntary Classification of Firearms and Armor Piercing Ammunition
    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. This 
helps regulated industry members and the public determine what laws and 
regulations may be applicable to the product, and any steps that they 
may need to take to be compliant with those laws and regulations. To 
clarify this process, this proposed rule would set forth the procedure 
and conditions by which persons may voluntarily submit such requests to 
ATF. Each request would be submitted in writing or on an ATF form 
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. Upon completion of the examination, ATF may 
return the sample to the person who made the request unless a 
determination is made that return of the

[[Page 27734]]

sample would be or place the person in violation of law.
    ATF's decision whether to classify an item voluntarily submitted is 
entirely discretionary. The proposed procedure would assist ATF more 
efficiently to determine the design and intent of the manufacturer of 
the item through its written statements, and by examining the objective 
design features of an actual sample along with any instructions, 
guides, templates, jigs, equipment, tools, or marketing materials that 
are made available to the purchaser or recipient of the item (though 
ATF is not limited to examining the items submitted to make its 
determination). The proposed rule would further codify ATF's policy not 
to evaluate a firearm accessory or attachment ``unless it is installed 
on the firearm(s) in the configuration for which it is designed and 
intended to be used,'' and would further explain that ``[a] 
determination made by the Director under this paragraph shall not be 
deemed by any person to be applicable to or authoritative with respect 
to any other sample, design, model, or configuration.''

I. Recordkeeping

1. Acquisition and Disposition Records
    This proposed rule would make minor amendments to 27 CFR 478.122, 
478.123, 478.125, and 478.125a, pertaining to the acquisition and 
disposition records maintained by importers, manufacturers, and 
dealers. Due to the possibility that a firearm may have more than one 
frame or receiver as defined in this rule, and the changes to marking 
regulations, this rule would make technical amendments to these 
recordkeeping regulations to make certain words plural, (e.g., 
manufacturer(s), importer(s), and serial number(s)) in the regulations 
and for the formatting of their records as applicable. Although under 
Sec. Sec.  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 Federal firearms licensees record 
more than one manufacturer, importer, or serial number, if appropriate, 
when acquiring or disposing of firearms with multiple components marked 
as the frame or receiver, or that have been remanufactured or 
reimported by another licensee. This is consistent with prior ATF 
guidance to the firearms industry.\73\ However, to reduce costs 
incurred by licensees, ATF anticipates that it would exercise its 
discretion not to enforce these format changes to the A&D Record until 
an existing paper record book is completed (i.e., ``closed out'') or 
electronic record version updated in the normal course of business, 
provided the information is accurately recorded as required in the 
existing record.
---------------------------------------------------------------------------

    \73\ See FFL Newsletter, May 2012, p.5 (``If a firearm is marked 
with two manufacturer's names, or multiple manufacturer and importer 
names, FFLs should record each manufacturers' and importers' name in 
the A&D record.'').
---------------------------------------------------------------------------

    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). Because separate records are also difficult for ATF to 
inspect, this rule would amend Sec. Sec.  478.122 and 478.123 to 
require licensed importers and manufacturers to consolidate their 
records of importation, manufacture, or other acquisition, and their 
sale or other disposition in a format containing the applicable columns 
specified in a table included in Sec.  478.122(b). The columns may be 
in a different order than the specified format provided they contain 
all required information. These changes would supersede ATF Rulings 
2011-1 and 2016-3, and those rulings would become obsolete upon 
publication of a final rule.
    This rule would also make minor clarifying edits to the format of 
the Firearms Acquisition and Disposition Record in Sec.  478.125(e). 
The column titled ``Name and address or name and license No.'' would be 
retitled as ``Name and address of nonlicensee; or if licensee, name and 
License No.'' In addition, the column titled ``Address or License No. 
if licensee, or Form 4473 Serial No. if Forms 4473 filed numerically'' 
would be retitled ``Address of nonlicensee; License No. of licensee; or 
Form 4473 Serial No. 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 A&D Record. However, to reduce costs 
incurred by licensees, ATF anticipates that it would exercise its 
discretion not to enforce these format changes to the A&D Record until 
an existing paper record book is completed (i.e., ``closed out'') or 
electronic record version updated in the normal course of business, 
provided the information is accurately recorded as required in the 
existing record.
    The proposed changes to Sec.  478.125 would also include a minor 
amendment to paragraph (f) to make it clear that in the event the 
licensee records a duplicate entry with the same firearm and 
acquisition information, whether to close out an old record book or for 
any other reason, the licensee must record a reference to the date and 
location of the subsequent entry (e.g., date of new entry, book name/
number, page number, and line number) as the disposition. This change 
is needed to ensure that acquisition records are closed out when 
firearms are no longer in inventory.\74\ This would resolve a 
significant problem that ATF Industry Operations Investigators have 
when trying to reconcile the inventory of a Federal firearms licensee, 
and that Federal firearms licensees have when timely responding to 
trace requests, particularly when old A&D Records are ``closed out'' 
and stored, which, under this proposed rule, could be in a separate 
warehouse depending on their age (see Section II.J of the preamble).
---------------------------------------------------------------------------

    \74\ This is consistent with prior ATF guidance to the firearms 
industry. See FFL Newsletter, Sept. 2011, p.5.
---------------------------------------------------------------------------

2. Firearms Transaction Records
    Some technical amendments would be needed at 27 CFR 478.124 
pertaining to information recorded on the ATF Form 4473. Like changes 
to the recordkeeping regulations, these amendments would make certain 
words plural, (e.g., manufacturer(s), importer(s), and serial 
number(s)) to ensure that the Federal firearms licensee is recording 
more than one manufacturer, importer, and serial number, if 
appropriate, on Forms 4473. In addition, the proposed changes to Sec.  
478.124 would include a minor technical amendment to paragraph (f) by 
removing a phrase that indicates that a Federal firearms licensee must 
fill out the firearm description information only after filling out the 
information about the transferee. Making this deletion would codify ATF 
Procedure 2020-1, which sets forth an alternative method of complying 
with Sec.  478.124(f) for non-over-the-counter firearm transactions. 
ATF recently issued that procedure in light of changes to ATF Form 4473 
(May 2020), which now requires completion of the form in an order 
different from that provided in Sec.  478.124(f).
3. Recordkeeping for Privately Made Firearms
    Minor changes to the above regulations regarding recordkeeping by 
licensees would also be needed to account for any voluntary receipts or 
other acquisitions (including from a personal collection) of privately 
made firearms, and corresponding dispositions (including to a personal 
collection). Since PMFs are not

[[Page 27735]]

commercially manufactured, if a PMF were received or otherwise acquired 
by a licensee or disposed of, or imported, the abbreviation ``PMF'' 
would be recorded as the manufacturer in the appropriate column on a 
licensee's acquisition and disposition record, ATF Form 4473, or import 
application, as well as the PMF serial number beginning with the 
abbreviated FFL number in the serial number column. For PMFs received 
prior to the effective date of a final rule that are to be identified 
by the licensee in accordance with Sec.  478.92, or by another licensee 
at the licensee's request, the licensee would be required to first 
record the firearm as an acquisition in the licensee's A&D Records upon 
receipt from the private owner (whether or not the licensee keeps the 
PMF overnight). Once marked, the licensee would update the acquisition 
entry with the identifying information, and then record its return as a 
disposition to the private owner. However, to reduce costs incurred by 
licensees, ATF anticipates that it would exercise its discretion not to 
enforce a title format change to the A&D Record to add ``and/or PMF'' 
in the manufacturer column until an existing paper record book is 
completed (i.e., ``closed out'') or electronic record version updated 
in the normal course of business, provided each PMF received is 
accurately recorded as a ``PMF'' in the manufacturer column.
4. NFA Forms Update
    Minor technical amendments would also be needed in 27 CFR 479.62, 
479.84, 479.88, 479.90, and 479.141, pertaining to NFA Form 1 
(Application to Make), NFA Form 4 (Application to Transfer), NFA Form 3 
(Tax Exempt Transfers--SOTs), NFA Form 5 (Tax Exempt Transfers--
Governmental Entities), and the Stolen or Lost Firearms report, 
respectively. Due to the new definitions and changes to marking 
regulations, the technical amendments here would make certain words 
plural (e.g., manufacturer(s), importer(s), serial number(s)) in the 
regulations as applicable. Although under Sec. Sec.  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, importer, or serial number, if 
appropriate, is recorded when completing the NFA forms.
5. Importation Forms Update
    Minor technical amendments would also be needed in 27 CFR 447.42, 
447.45, 478.112, 478.113, 478.114, and 479.112, pertaining to the 
importation of firearms. Again, due to the new definition and changes 
to marking regulations, the technical amendments here would make 
certain words plural (e.g., manufacturer(s), country or countries of 
manufacture, and serial number(s)) in the regulations as applicable. 
Although under Sec. Sec.  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.

J. Record Retention

    This rule also proposes to amend 27 CFR 478.129 to remove language 
stating that FFL dealers and collectors need only keep A&D Records and 
ATF Forms 4473 for up to 20 years following the date of sale or 
disposition of the firearm. 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\ at the business or collection premises 
readily accessible for inspection. There would also be an amendment to 
27 CFR 478.50(a) to allow all licensees, including manufacturers and 
importers, to store paper records and forms with no open disposition 
entries and with no dispositions recorded within 20 years at a separate 
warehouse, which would be considered part of the business premises for 
this purpose and subject to inspection.
---------------------------------------------------------------------------

    \75\ ATF previously approved electronic storage of certain 
records under the conditions set forth in ATF Rulings 2016-1 
(Acquisition and Disposition Records) and 2016-2 (ATF Forms 4473).
---------------------------------------------------------------------------

    In view of advancements in electronic scanning and storage 
technology, and ATF's acceptance of electronic recordkeeping, these 
amendments would reverse a 1985 rulemaking allowing non-manufacturer/
importer Federal firearms licensees to destroy their records after 20 
years.\76\ The durability and longevity of firearms means that they are 
often in circulation for more than 20 years, while the cost of storing 
firearm transaction records has decreased dramatically through 
electronic recordkeeping. The proposed amendments would enhance public 
safety by ensuring that records of active licensees will be available 
for tracing purposes. ATF has encountered some firearms retailers who 
have destroyed large numbers of records more than 20 years old so that 
they would no longer need to be stored physically. This resulted in 
some traces of firearms involved in crimes to be returned incomplete 
for lack of records. This provision is also essential if PMFs involved 
in crime are marked and traced directly to licensed dealers who, unlike 
licensed manufacturers and importers, are not presently required to 
maintain permanent records.
---------------------------------------------------------------------------

    \76\ See 50 FR 26702 (June 28, 1985).
---------------------------------------------------------------------------

III. Statutory and Executive Order Review

A. Executive Orders 12866 and 13563

    Executive Order 12866 (Regulatory Planning and Review) directs 
agencies to assess the costs and benefits of available regulatory 
alternatives and, if regulation is necessary, to select regulatory 
approaches that maximize net benefits (including potential economic 
benefits, environmental benefits, public health and safety effects, 
distributive impacts, and equity). 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 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. Accordingly, the rule has been 
reviewed by OMB.
    This proposed rule would update the new definition of ``frame or 
receiver,'' among other items. Table 1 provides a summary of the 
provisions of this proposed rule, along with the estimated affected 
population, costs, and benefits.

      Table 1--Summary of Affected Population, Costs, and Benefits
------------------------------------------------------------------------
                Category                               NPRM
------------------------------------------------------------------------
Applicability..........................   New Definition of
                                          Receiver.

[[Page 27736]]

 
                                          Update Marking
                                          Requirements.
                                          New Gunsmithing
                                          Definition.
                                          Update Record
                                          Retention.
                                          Other Technical
                                          Amendments.
Affected Population....................   113,204 FFLs (Record
                                          Retention).
                                          Unknown number of FFLs
                                          manufacturers and importers
                                          (Definition of Receiver).
                                          35 Non-FFL
                                          manufacturers (Definition of
                                          Receiver).
                                          6,044 FFL retailers
                                          (PMFs).
                                          36 Non-FFL retailers
                                          (PMFs).
                                          Unknown number of
                                          Individual Owners.
Total Costs to Industry, Public, and     $1.1 million; $149,995 7%
 Government (7% Discount Rate).           annualized.
Benefits (7% Discount Rate)............  N/A.
Benefits (Qualitative).................   Provides clarity to
                                          courts on what constitutes a
                                          firearm frame or receiver.
                                          Applies to new
                                          technology.
                                          Makes consistent
                                          marking requirements.
                                          Eases certain marking
                                          requirements.
                                          Increases tracing of
                                          crime scene firearms to
                                          prosecute criminals.
------------------------------------------------------------------------

1. New Definition of Firearm Frame or Receiver
    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. To ensure 
traceability if the parts are separated, there would no longer be an 
option only to mark the FFL's name, city, and state on the slide or 
barrel. More specifically--
     The proposed definitions would take into account the fact 
that modern firearms do not house all the components as defined in the 
current definition. These definitions account for firearms such as 
split frames or multi-piece firearms;
     The proposed definition would recognize the current 
classifications of a firearm ``frame or receiver.'' It is intended to 
encompass the majority, if not all, of existing regulated firearms, and 
no new marking requirements would be required for these existing 
designs and configurations;
     After this proposed rule is finalized, markings on new 
designs or configurations of firearms manufactured or imported may be 
accomplished by marking each frame or receiver with the licensee's 
name, city, and state, and serial number, or with the licensee's name 
and abbreviated license number prefix and number (serial number) in the 
manner prescribed by existing marking requirements;
     Markings would need to be accomplished within 7 days of 
completion of the active manufacturing process for the complete weapon 
(or frame or receiver of such weapon if not being sold as a complete 
weapon); and
     The proposed rule would require acquisition and 
disposition record changes to accommodate recording multiple frames or 
receivers that have different serial numbers if the original frames or 
receivers (with the same serial number) become separated and are 
reassembled with frames or receivers bearing different serial numbers.
    ATF believes that the majority of the industry currently complies 
with these requirements, so the cost would be minimal. While the new 
definitions would mostly affect new designs or configurations of 
firearms, manufacturers would still be able to receive a determination 
or a variance on the design from ATF; therefore, they may not 
experience an additional cost or burden. For more details, please refer 
to Chapter 2 of the Regulatory Impact Analysis.\77\
---------------------------------------------------------------------------

    \77\ The Regulatory Impact Analysis is available on 
www.regulations.gov in the same docket as this rule.
---------------------------------------------------------------------------

2. Partially Complete, Disassembled, or Inoperable Firearm Kits
    This section addresses non-FFL manufacturers who manufacture 
partially complete, disassembled, or inoperable frame or receiver kits, 
to include both firearm parts kits that allow a person to make only a 
frame or receiver, and those kits that allow a person to make a 
complete weapon. When a partially complete frame or receiver parts kit 
reaches a stage in manufacture where it may readily be completed, 
assembled, converted, or restored to a functional state, it would be 
considered a firearm ``frame or receiver'' that must be marked. 
Further, under the proposed rule, weapon parts kits with partially 
complete frames or receivers 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 would be ``firearms'' 
for which each frame or receiver of the weapon, as defined under this 
rule, would need to be marked.
    For non-FFL manufacturers of firearm parts kits containing a part 
defined as a firearm frame or receiver, ATF anticipates there would be 
a significant impact on these individual companies, but notes that the 
overall industry impact would also be minimal. Based on current 
marketing related to the unregulated sale of certain firearm parts 
kits, ATF anticipates that these non-FFLs would either become FFLs to 
sell regulated frames or receivers or complete weapons (either as kits 
or fully assembled), or would take a loss in revenue to sell 
unregulated items or parts kits that do not contain a frame or receiver 
(i.e., unregulated raw materials or molds, fire control components, 
barrels, accessories, tools, jigs, or instructions), but not both. For 
more details, please refer to Chapter 3 of the Regulatory Impact 
Analysis.
3. Gunsmithing
    The proposed rule would result in a one-time cost for contract 
gunsmithing, estimated to be $180,849. For more details, please refer 
to Chapter 4 of the Regulatory Impact Analysis.

[[Page 27737]]

4. Silencers
    The proposed rule would require silencers to be marked on any 
housing or structure, such as an outer tube or modular piece, designed 
to hold or integrate one or more essential internal components of the 
device. Currently, the regulations assume that each part defined as a 
muffler or silencer must be marked and registered.\78\ While this 
proposed change would increase the number of certain parts--firearm 
muffler or silencer frames or receivers--that need to be marked for 
modular silencers, this proposed change is not intended to require 
marking of all silencer parts so long as they are incorporated into a 
complete device by the original manufacturer or maker that is marked 
and registered. More specifically, none of the internal nonstructural 
parts of a complete muffler or silencer device would need to be marked 
so long as each frame or receiver as defined in this rule is marked. 
However, as with current regulations, silencer parts sold, shipped, or 
otherwise disposed of separately would still be considered 
``silencers'' that require all markings prior to disposition except 
when transferred between qualified manufacturers for the production of 
new devices, and to qualified manufacturers and dealers for the repair 
of existing devices (see Section II.H.9 of the preamble).
---------------------------------------------------------------------------

    \78\ See footnote 47, supra.
---------------------------------------------------------------------------

    However, the proposed rule would now require some manufacturers of 
silencers to mark the outer tube rather than the endcap. 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. Furthermore, there 
may be a savings for individual owners of silencers. This proposed rule 
would expressly allow for repairs on silencer devices without having to 
undergo the additional NFA transfer and registration process, so long 
as the device is returned to the sender. For more details, please refer 
to Chapter 5 of the Regulatory Impact Analysis.
5. Privately Made Firearms
    A firearm, including a frame or receiver, assembled or otherwise 
produced by a non-licensee without any markings by a licensee at the 
time of production or importation is defined as a ``privately made 
firearm (PMF)'' in the proposed rule. This does not include a firearm 
identified and registered in the NFRTR pursuant to chapter 53, title 
26, United States Code, or any firearm made before October 22, 1968 
(unless remanufactured after that date). Under the proposed rule, FFLs 
would be required to mark PMFs within 7 days of the firearm being 
received by a licensee, or before disposition, whichever first occurs. 
Licensees would have 60 days to mark PMFs already in inventory after a 
final rule becomes effective. FFLs would have the option to mark their 
existing PMFs themselves. Both FFLs and non-FFLs would have the option 
to contract with an FFL, such as a gunsmith, for this purpose, dispose 
of them, or send them to ATF or another law enforcement agency for 
disposal. The industry cost for this section is $563,340. For more 
details, please refer to Chapter 6 of the Regulatory Impact Analysis.
6. Record Retention
    Currently, licensees other than manufacturers and importers do not 
have to store their ATF Forms 4473 or A&D records beyond 20 years. This 
proposed rule would require licensed dealers and collectors to store 
their Forms 4473 or A&D records indefinitely. The industry cost for 
this section would be minimal because FFLs could drop off their 
overflow records to ATF or have ATF ship them directly. The government 
cost for this provision is $68,939 annually. For more details, please 
refer to Chapter 7 of the Regulatory Impact Analysis.
7. ATF Form Updates
    This proposed rule would modify existing forms and records, such as 
ATF Forms 4473, NFA forms, importation forms, the Stolen or Lost 
Firearms Reports, and A&D Records, to help ensure that if more than one 
manufacturer or serial number is identified on any firearm, those names 
or serial numbers are recorded. As paper forms run out, FFLs would be 
able to order forms as part of their normal operations. In other words, 
FFLs using paper forms requested from ATF are not anticipated to incur 
any additional cost. For FFLs maintaining transaction records 
electronically, these FFLs would also only be required to update their 
software during their next regularly scheduled update. Because software 
updates occur regularly, and costs are already incorporated for those, 
ATF does not anticipate any additional costs would be incurred for 
these changes. There is no cost associated with this section. For more 
details, please refer to Chapter 8 of the Regulatory Impact Analysis.
8. Total Cost of the Proposed Rule
    The total 10-year undiscounted cost of this proposed rule is 
estimated to be $1.3 million. The total 10-year discounted cost of the 
rule is $1.0 million and $1.2 million at 7 percent and 3 percent 
respectively. The annualized cost of this proposed rule would be 
$147,048 and $135,750, also at 7 percent and 3 percent, respectively.
9. Alternatives
    ATF considered various alternatives when preparing this proposed 
rule. For a more detailed analysis, please refer to Chapters 1 and 10 
of the Regulatory Impact Analysis.
a. This Proposed Rule
    ATF chose to propose promulgating new definitions of ``frame or 
receiver,'' ``privately made firearm,'' ``gunsmithing,'' and an update 
to records retention and new requirements for marking silencers, 
because they would maximize benefits.
b. Other Considered Alternatives
    Alternative 1--No change. While this alternative minimizes cost, it 
does not meet any of the objectives outlined in this proposed rule.
    Alternative 2--Everytown for Gun Safety petition. ATF received a 
petition for rulemaking from Everytown for Gun Safety, a non-profit 
organization, proposing to define ``firearm frame or receiver'' in 27 
CFR 478.11. That proposed definition focused on housing the ``trigger 
group''; however, it did not define ``trigger group'' and even if it 
did, it would not address firearms that do not house trigger components 
within a single housing, or which have a remote trigger outside the 
weapon. In other words, this alternative would fall short of addressing 
all technologies or designs of firearms that are currently available, 
or may become available in the future. It also does not address 
potential changes in firearms terminology. Thus, while the alternative 
requested by that petition would reduce the cost by reducing the number 
of entities affected, it does not fully address the objectives of this 
proposed rule.
    Alternative 3--Grandfather all existing firearms and receivers. 
This alternative would grandfather in all existing firearms that would 
not meet the serialization standard for partially complete and split 
frames or receivers. This was considered and incorporated into the 
proposed alternative, where feasible. However, in order to enforce the 
regulation, a complete grandfathering of existing firearms and 
silencers is problematic in that manufacturers could continue to

[[Page 27738]]

produce non-compliant firearm frames or receivers and falsely market 
them as grandfathered firearms. This could potentially pose an 
enforcement issue that may not be resolved for years if not decades.
    Alternative 4--Require serialization of all partially complete 
firearms or split receivers. This would require all firearms purchased 
by individuals to be retroactively serialized. However, the cost would 
increase considerably and the GCA only regulates the manufacture of 
firearms by Federal firearm licensees, not the making of firearms for 
personal use by private unlicensed individuals.

B. Executive Order 13132

    This proposed rule will not have substantial direct effects on the 
States, the relationship between the Federal Government and the States, 
or the distribution of power and responsibilities among the various 
levels of government. This rule is not intended to supersede State 
requirements unless there is a direct and positive conflict between 
them such that they cannot be reconciled or consistently stand 
together.\79\ States can require markings on firearms for individuals. 
This rule does not require individuals to mark their personal firearms. 
Therefore, in accordance with section 6 of Executive Order 13132 
(Federalism), the Attorney General has determined that this proposed 
rule does not have sufficient federalism implications to warrant the 
preparation of a federalism summary impact statement.
---------------------------------------------------------------------------

    \79\ See 18 U.S.C. 927.
---------------------------------------------------------------------------

C. Executive Order 12988

    This regulation meets the applicable standards set forth in 
sections 3(a) and 3(b)(2) of Executive Order 12988 (Civil Justice 
Reform).

D. Regulatory Flexibility Act

    In accordance with the Regulatory Flexibility Act (``RFA''), ATF 
prepared an Initial Regulatory Flexibility Analysis (``IRFA'') that 
examines the impacts of the proposed rule on small entities (5 U.S.C. 
601 et seq.). The IRFA is included here and as part of the RFA. The 
term ``small entities'' comprises small businesses, not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields, and governmental jurisdictions with 
populations of fewer than 50,000 people. 5 U.S.C. 601(6).
    Because this proposed rule affects different populations in 
different ways, the analysis for the IRFA has been broken up by 
provision. Certain provisions may have a significant impact on certain 
small entities, such as non-FFL manufactures of firearm parts kits with 
incomplete firearm frames or receivers. Based on the information from 
this analysis:
     ATF estimates that this proposed rule could potentially 
affect 132,023 entities, including all FFLs and non-FFL manufacturers 
and retailers of firearm parts kits with incomplete firearm frames or 
receivers, but anticipates that the majority of entities affected by 
this rule would experience minimal or no additional costs.
     Non-FFL manufacturers are anticipated to be small and 
would potentially have a significant impact on their individual 
revenue.
     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. This would not affect future 
production because this work would be part of their normal operations 
in creating new firearms.
     ATF estimates the majority of affected entities are small 
entities that would experience a range of costs; therefore, this rule 
may have a significant impact on small entities.
    Under the RFA, we are required to consider what, if any, impact 
this rule would have on small entities. Agencies must perform a review 
to determine whether a rule will have such an impact. Because the 
agency has determined that it will, the agency has prepared an initial 
regulatory flexibility analysis as described in the RFA. Under Section 
603(b) of the RFA, the regulatory flexibility analysis must provide or 
address:
     A description of the reasons why action by the agency is 
being considered;
     A succinct statement of the objectives of, and legal basis 
for, the proposed rule;
     A description of, and where feasible, an estimate of the 
number of small entities to which the proposed rule will apply;
     A description of the projected reporting, recordkeeping 
and other compliance requirements of the proposed rule, including an 
estimate of the classes of small entities which will be subject to the 
requirement and the type of professional skills necessary for 
preparation of the report or record;
     An identification, to the extent practicable, of all 
relevant Federal rules which may duplicate, overlap or conflict with 
the proposed rule; and
     Descriptions of any significant alternatives to the 
proposed rule which accomplish the stated objectives of applicable 
statutes and which minimize any significant economic impact of the 
proposed rule on small entities.
1. A Description of the Reasons Why Action by the Agency Is Being 
Considered
    One of the reasons ATF is considering this proposed regulation is 
the failure of the market to compensate for negative externalities 
caused by commercial activity. A negative externality can be the by-
product of a transaction between two parties that is not accounted for 
in the transaction.
    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. 
In light of recent court cases, the majority of regulated firearms may 
not meet the existing definition of firearm frame or receiver. This may 
result in no part of a firearm being regulated as a ``frame or 
receiver'' contrary to the requirements in the GCA that ensure tracing 
to solve crime and help prevent prohibited persons from coming into 
possession of weapons. Furthermore, finding information in support of 
criminal cases may be hindered because records are destroyed after 20 
years despite the fact that firearms may last longer than 20 years and 
be used in criminal activities.
    This proposed rule would also account for advances in technology in 
performing transactions such as electronic storage. For more specific 
details regarding the need for regulation, please refer to the specific 
chapters pertaining to each provision of this proposed rule.
2. A Succinct Statement of the Objectives of, and Legal Basis for, the 
Proposed Rule
    The Attorney General is responsible for enforcing the GCA, as 
amended, and the NFA, as amended. This responsibility includes the 
authority to promulgate regulations necessary to enforce the provisions 
of the GCA and NFA. See 18 U.S.C. 926(a); 26 U.S.C. 7801(a)(2)(A); id. 
at 7805(a). Congress and the Attorney General have delegated the 
responsibility for administering and enforcing the GCA and NFA to the 
Director of ATF, subject to the direction of the Attorney General and 
the Deputy Attorney General. See

[[Page 27739]]

28 U.S.C. 599A(b)(1); 28 CFR 0.130(a)(1)-(2). Accordingly, the 
Department and ATF have promulgated regulations implementing both the 
GCA and the NFA. See 27 CFR parts 478, 479.
    The proposed rule provides new regulatory definitions of ``firearm 
frame or receiver'' and ``frame or receiver'' because they are 
outdated. The proposed rule would also amend ATF's definitions of 
``firearm'' and ``gunsmith'' to clarify the meaning of those terms, and 
to add new regulatory terms such as ``complete weapon,'' ``complete 
muffler or silencer device,'' ``privately made firearm,'' and 
``readily'' for purposes of clarity given advancements in firearms 
technology. Further, the proposed rule would amend ATF's regulations on 
marking and recordkeeping that are necessary to implement these new or 
amended definitions.
3. A Description of, and Where Feasible, an Estimate of the Number of 
Small Entities to Which the Proposed Rule Will Apply
     ATF estimates that this rule could potentially affect 
132,023 entities, including all FFLs and non-FFL manufactures and 
retailers of firearm kits, but anticipates that the majority of 
entities affected by this rule would experience minimal or no 
additional costs.
     ATF anticipates the majority of affected entities are 
small entities and would experience any range of costs; therefore this 
rule would have a significant impact on a substantial number of small 
entities.
4. An Identification, to the Extent Practicable, of All Relevant 
Federal Rules Which May Duplicate, Overlap or Conflict With the 
Proposed Rule
    This proposed rule does not duplicate or conflict with other 
Federal rules.
5. Descriptions of any Significant Alternatives to the Proposed Rule 
Which Accomplish the Stated Objectives of Applicable Statutes and Which 
Minimize any Significant Economic Impact of the Proposed Rule on Small 
Entities
    The significant alternatives considered are set forth in Section 
IV(A)(9) of this preamble. For more details, please refer to Chapters 1 
and 10 of the Regulatory Impact Analysis.

E. Small Business Regulatory Enforcement Fairness Act of 1996

    This proposed rule is not a major rule as defined by section 251 of 
the Small Business Regulatory Enforcement Fairness Act of 1996, 5 
U.S.C. 804.

F. Unfunded Mandate Reform Act of 1995

    This proposed rule will not result in the expenditure by State, 
local, and Tribal governments, in the aggregate, or by the private 
sector of $100 million or more in any one year and it will not 
significantly or uniquely affect small governments. Therefore, no 
actions were deemed necessary under the provisions of the Unfunded 
Mandates Reform Act of 1995, Public Law 104-4, 109 Stat. 48.

G. Paperwork Reduction Act of 1995

    This proposed rule would call for collections of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-20). As defined in 
5 CFR 1320.3(c), ``collection of information'' comprises reporting, 
recordkeeping, monitoring, posting, labeling, and other similar 
actions. The title and description of the information collection, a 
description of those who must collect the information, and an estimate 
of the total annual burden follow. 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.
    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. This requirement 
would be added to an existing approved collection covered by OMB 
control number 1140-0050 and 1140-0067.
    Title: Identification Markings Placed on Firearms.
    OMB Control Number: OMB 1140-0050.
    Proposed Use of Information: The Bureau of Alcohol, Tobacco, 
Firearms, and Explosives would use this information in fighting crime 
by facilitating the tracing of firearms used in criminal activities. 
The systematic tracking of firearms from the manufacturer or U.S. 
importer to the retail purchaser also enables law enforcement agencies 
to identify suspects involved in criminal violations, determine if a 
firearm is stolen, and provide other information relevant to a criminal 
investigation.
    Description and Number of Respondents: Currently there are 12,252 
licensed manufacturers of firearms and 1,343 licensed importers. Of the 
potential number of licensed dealers and licensed pawnbrokers, ATF 
estimates that those directly affected would be a one-time surge of 
5,298 licensed dealers, 710 licensed pawnbrokers, and 36 non-licensed 
dealers that would be affected. This proposed rule would affect a one-
time surge of 6,044 respondents.
    Frequency of Response: There will be a recurring response for all 
currently existing 13,595 licensed manufactures and licensed importers. 
This proposed rule would affect a one-time number of responses of 
12,088 responses (6,044 respondents * 2 responses).
    Burden of Response: This includes recurring time burden of 1 
minute. ATF anticipates a one-time hourly burden of 0.25 hours per 
respondent.
    Estimate of Total Annual Burden: The current burden listed in this 
collection of information is 85,630 hours. The new burden, as a result 
of this proposed rulemaking, is a one-time hourly burden of 3,022 
(6,044 respondents * 2 responses * 0.25 hourly burden per respondent).
    Title: Licensed Firearms Manufactures Records of Production, 
Disposition, and Supporting Data.
    OMB Control Number: OMB 1140-0067.
    Proposed Use of Information: The Bureau of Alcohol, Tobacco, 
Firearms, and Explosives would use this information for criminal 
investigation or regulatory compliance with the Gun Control Act of 
1968. The Attorney General may inspect or examine the inventory and 
records of a licensed importer, licensed manufacturer, or licensed 
dealer, without such reasonable cause or warrant, and during the course 
of a criminal investigation of a person or persons other than the 
licensee in order to ensure compliance with the recordkeeping 
requirements of 18 U.S.C. 923(g)(1)(A) and (B). The Attorney General 
may also inspect or examine any records relating to firearms involved 
in a criminal investigation that is traced to the licensee, or firearms 
that may have been disposed of during the course of a bona fide 
criminal investigation.
    Description and Number of Respondents: The current number of 
respondents is 9,056 firearm manufacturers, but this proposed rule 
would have a one-time surge for an unknown select few licensed 
manufacturers.
    Frequency of Response: There will be a recurring response for all 
9,056 licensed manufacturers, but only a one-time surge of 6,790 
responses ((2,649 licensed dealer submissions + 710 license pawnbroker 
submissions + 36 non-licensed dealers) * 2 firearms or firearm kits) to 
licensed manufactures.
    Burden of Response: This includes recurring time burden of 1.05 
minutes. The burden resulting from this proposed

[[Page 27740]]

rule is 0.25 hours per set of submittals by licensed dealers and 
licensed pawnbrokers to licensed manufacturers.
    Estimate of Total Annual Burden: The current burden listed in this 
collection of information is 201,205 hours. The new burden, as a result 
of this proposed rulemaking, is 1,698 hours (6,790 responses * 0.25 
hours).
    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(d)), a copy of this proposed rule will be submitted to OMB for its 
review of the collections of information.
    We ask for public comment on the proposed collection of information 
to help us determine how useful the information is; whether it can help 
us perform our functions better; whether it is readily available 
elsewhere; how accurate our estimate of the burden of collection is; 
how valid our methods for determining burden are; how we can improve 
the quality, usefulness, and clarity of the information; and how we can 
minimize the burden of collection.
    You need not respond to a collection of information unless it 
displays a currently valid control number from OMB. Before the 
requirements for this collection of information becomes effective, we 
will publish a notice in the Federal Register and request additional 
comments regarding the collection of information prior to OMB's 
decision to approve, modify, or disapprove the proposed collection.

IV. Public Participation

A. Comments Sought

    ATF requests comments on the proposed rule 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.
    All comments must reference this document's docket number ATF 
2021R-05, be legible, and include the commenter's complete first and 
last name and full mailing address. ATF may not consider, or respond 
to, comments that do not meet these requirements or comments containing 
profanity. ATF will retain all comments as part of this rulemakings 
administrative record. ATF will treat all comments as originals and 
will not acknowledge receipt of comments. In addition, if ATF cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, ATF may not be able to consider your comment.
    ATF will carefully consider all comments, as appropriate, received 
on or before the closing date, and will give comments after that date 
the same consideration if practical to do so, but assurance of 
consideration cannot be given except as to comments received on or 
before the closing date.

B. Confidentiality

    ATF will make all comments meeting the requirements of this 
section, whether submitted electronically or on paper, available for 
public viewing at ATF and on the internet through the Federal 
eRulemaking Portal, and subject to the Freedom of Information Act (5 
U.S.C. 552). 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. Both the cover sheet and 
comment must reference this docket number (2021R-05). For comments 
submitted by mail or facsimile, information contained on the cover 
sheet will not appear when posted on the internet but any personal 
identifying information that appears within a comment will not be 
redacted by ATF and it will appear on the internet.
    A commenter may submit to ATF information identified as proprietary 
or confidential business information. The commenter shall place any 
portion of a comment that is proprietary or confidential business 
information under law on pages separate from the balance of the comment 
with each page prominently marked ``PROPRIETARY OR CONFIDENTIAL 
BUSINESS INFORMATION'' at the top of the page.
    ATF will not make proprietary or confidential business information 
submitted in compliance with these instructions available when 
disclosing the comments that it received, but will disclose that the 
commenter provided proprietary or confidential business information 
that ATF is holding in a separate file to which the public does not 
have access. If ATF receives a request to examine or copy this 
information, it will treat it as any other request under the Freedom of 
Information Act (5 U.S.C. 552). In addition, ATF will disclose such 
proprietary or confidential business information to the extent required 
by other legal process.

C. Submitting Comments

    Submit comments in any of three ways (but do not submit the same 
comment multiple times or by more than one method). Hand-delivered 
comments will not be accepted.
     Federal eRulemaking Portal: ATF recommends that you submit 
your comments to ATF via the Federal eRulemaking portal at 
www.regulations.gov and follow the instructions. Comments will be 
posted within a few days of being submitted. However, if large volumes 
of comments are being processed simultaneously, your comment may not be 
viewable for up to several weeks. Please keep the comment tracking 
number that is provided after you have successfully uploaded your 
comment.
     Mail: Send written comments to the address listed in the 
ADDRESSES section of this document. Written comments must appear in 
minimum 12-point font size (.17 inches), include the commenter's first 
and last name and full mailing address, be signed, and may be of any 
length.
     Facsimile: Submit comments by facsimile transmission to 
(202) 648-9741. Faxed comments must:

    1. Be legible and appear in minimum 12 point font size (.17 
inches);
    2. Be 8\1/2\'' x 11'' paper;
    3. Be signed and contain the commenter's complete first and last 
name and full mailing address; and
    4. Be no more than five pages long.

D. Request for Hearing

    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. The Director, 
however, reserves the right to determine, in light of all 
circumstances, whether a public hearing is necessary.

Disclosure

    Copies of this proposed rule and the comments received in response 
to it will be available through the Federal eRulemaking portal, at 
www.regulations.gov (search for ATF 2021R-05), and for public 
inspection by appointment during normal business hours at: ATF Reading 
Room, Room 1E-063, 99 New York Ave. NE, Washington, DC 20226; 
telephone: (202) 648-8740.

List of Subjects

27 CFR Part 447

    Administrative practice and procedure, Arms control, Arms and

[[Page 27741]]

munitions, Authority delegation, Chemicals, Customs duties and 
inspection, Imports, Penalties, Reporting and recordkeeping 
requirements, Scientific equipment, Seizures and forfeitures.

27 CFR Part 478

    Administrative practice and procedure, Arms and munitions, Exports, 
Freight, Imports, Intergovernmental relations, Law enforcement 
officers, Military personnel, Penalties, Reporting and recordkeeping 
requirements, Research, Seizures and forfeitures, Transportation.

27 CFR Part 479

    Administrative practice and procedure, Arms and munitions, Excise 
taxes, Exports, Imports, Military personnel, Penalties, Reporting and 
recordkeeping requirements, Seizures and forfeitures, Transportation.

Authority and Issuance

    For the reasons discussed in the preamble, 27 CFR parts 447, 478, 
and 479 are proposed to be amended as follows:

PART 447--IMPORTATION OF ARMS, AMMUNITION AND IMPLEMENTS OF WAR

0
1. The authority citation for 27 CFR part 447 continues to read as 
follows:

    Authority:  22 U.S.C. 2778; Exec. Order 13637, 78 FR 16129 (Mar. 
8, 2013).


Sec.  447.42   [Amended]

0
2. Amend Sec.  447.42 as follows:
0
a. In paragraph (a)(1)(ii), remove the word ``country'' and add in its 
place the term ``country or countries'';
0
b. In paragraph (a)(1)(iv)(A), remove ``manufacturer'' and add in its 
place ``manufacturer(s) of the firearm or privately made firearm (if 
privately made in the United States)''; and
0
c. In paragraph (a)(1)(iv)(G), remove ``serial number'' and add in its 
place ``serial number(s)''.


Sec.  447.45   [Amended]

0
3. Amend Sec.  447.45 as follows:
0
a. In paragraph (a)(2)(ii), remove ``manufacturer of the defense 
article'' and add in its place ``manufacturer(s) of the defense article 
or privately made firearm (if privately made in the United States)'';
0
b. In paragraph (a)(2)(iii), remove the word ``country'' and add in its 
place the term ``country or countries''; and
0
c. In paragraph (a)(2)(vii), remove ``serial number'' and add in its 
place ``serial number(s)''.

PART 478--COMMERCE IN FIREARMS AND AMMUNITION

0
4. The authority citation for 27 CFR part 478 continues to read as 
follows:

    Authority:  5 U.S.C. 552(a); 18 U.S.C. 921-931; 44 U.S.C. 
3504(h).

0
5. In Sec.  478.11:
0
a. Add, in alphabetical order, definitions for ``Complete muffler or 
silencer device'' and ``Complete weapon'';
0
b. Revise the definition of ``Engaged in the business'' paragraph (d) 
``Gunsmith'' and the definition of ``Firearm'';
0
c. Remove the definition of ``Firearm frame or receiver''; and
0
d. Add, in alphabetical order, definitions for ``Frame or receiver'', 
``Importer or manufacturer's serial number'', ``Privately made firearm 
(PMF)'', and ``Readily''.
    The additions and revisions read as follows:


Sec.  478.11  Meaning of terms.

* * * * *
    Complete muffler or silencer device. A firearm muffler or firearm 
silencer that contains all component parts necessary to function as 
designed whether or not assembled or operable.
    Complete weapon. 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.
* * * * *
    Engaged in the business-- * * *
    (d) Gunsmith. A person 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;
* * * * *
    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. The 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. The term shall not include a weapon, 
including a weapon parts kit, in which each part defined as a frame or 
receiver of such weapon is destroyed.
* * * * *
    Frame or receiver. A part of a firearm that, when the complete 
weapon is assembled, is visible from the exterior and provides housing 
or a structure designed to hold or integrate one or more fire control 
components, even if pins or other attachments are required to connect 
those components to the housing or structure. Any such part identified 
with a serial number shall be presumed, absent an official 
determination by the Director or other reliable evidence to the 
contrary, to be a frame or receiver. For purposes of this definition, 
the term ``fire control component'' means a component necessary for the 
firearm to initiate, complete, or continue the firing sequence, 
including any of the following: Hammer, bolt, bolt carrier, 
breechblock, cylinder, trigger mechanism, firing pin, striker, or slide 
rails. The following are nonexclusive examples that illustrate this 
definition:
BILLING CODE 4410-FY-P

[[Page 27742]]

[GRAPHIC] [TIFF OMITTED] TP21MY21.000

BILLING CODE 4410-FY-C

[[Page 27743]]

    (a) Firearm muffler or silencer frame or receiver. The term ``frame 
or receiver'' shall mean, in the case of a firearm muffler or firearm 
silencer, a part of the firearm that, when the complete device is 
assembled, is visible from the exterior and provides housing or a 
structure, such as an outer tube or modular piece, designed to hold or 
integrate one or more essential internal components of the device, 
including any of the following: Baffles, baffling material, or 
expansion chamber.
    (b) Split or modular frame or receiver. (1) In the case of a 
firearm with more than one part that provides housing or a structure 
designed to hold or integrate one or more fire control or essential 
internal components (e.g., a split frame with upper assembly and lower 
assembly as in many semiautomatic rifles, upper slide assembly and 
lower grip module as in many semiautomatic handguns, or multiple 
silencer modular pieces), the Director may determine whether a specific 
part or parts of a weapon is the frame or receiver, which may include 
an internal frame or chassis at least partially exposed to the exterior 
to allow identification. In making this determination, the Director 
will consider the following factors, with no single factor being 
controlling:
    (i) Which component the manufacturer intended to be the frame or 
receiver;
    (ii) Which component the firearms industry commonly considers to be 
the frame or receiver with respect to the same or similar firearms;
    (iii) How the component fits within the overall design of the 
firearm when assembled;
    (iv) The design and function of the fire control components to be 
housed or integrated;
    (v) Whether the component may permanently, conspicuously, and 
legibly be identified with a serial number and other markings in a 
manner not susceptible of being readily obliterated, altered, or 
removed;
    (vi) Whether classifying the particular component is consistent 
with the legislative intent of the Act and this part; and
    (vii) Whether classifying the component as the frame or receiver is 
consistent with ATF's prior classifications.
    (2) Frames or receivers of different weapons that are combined to 
create a similar weapon each retain their respective classifications as 
frames or receivers provided they retain their original design and 
configuration.
    (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. The following is a nonexclusive list of 
such weapons and the specific part identified as the frame or receiver 
as they existed on [date of publication of the final rule]:
    (i) Colt 1911-type, Beretta/Browning/FN Herstal/Heckler & Koch/
Ruger/Sig Sauer/Smith & Wesson/Taurus hammer fired semiautomatic 
pistols: The lower portion of the pistol, or grip, that provides 
housing for the trigger mechanism and hammer, and a structure designed 
to integrate the slide rails.
BILLING CODE 4410-FY-P

[[Page 27744]]

[GRAPHIC] [TIFF OMITTED] TP21MY21.001


[[Page 27745]]


[GRAPHIC] [TIFF OMITTED] TP21MY21.002


[[Page 27746]]


[GRAPHIC] [TIFF OMITTED] TP21MY21.003

BILLING CODE 4410-FY-C
    (c) Partially complete, disassembled, or inoperable frame or 
receiver. 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. In determining whether a partially complete, 
disassembled, or inoperable frame or receiver may readily be assembled, 
completed, converted, or restored to a functional state, the Director 
may consider any available instructions, guides, templates, jigs, 
equipment, tools, or marketing materials. For purposes of this 
definition, the term ``partially complete,'' as it modifies ``frame or 
receiver,'' means a forging, casting, printing, extrusion, machined 
body or similar article that has reached a stage in manufacture where 
it is clearly identifiable as an unfinished component part of a weapon.
    (d) Destroyed frame or receiver. The term ``frame or receiver'' 
shall not include a frame or receiver that is destroyed. For purposes 
of this definition, the term ``destroyed'' means that the frame or 
receiver has been permanently altered not to provide housing or a 
structure that may hold or integrate any fire control or essential 
internal component, and may not readily be assembled, completed, 
converted, or restored to a functional state. Acceptable methods of 
destruction include completely melting, crushing, or shredding the 
frame or receiver, or by completely severing at least three critical 
areas of the frame or receiver using a cutting torch having a tip of 
sufficient size to displace at least \1/4\ inch of material at each 
location.
* * * * *
    Importer's or manufacturer's serial number. The identification 
number, licensee name, licensee city or state, or license number placed 
by a licensee on a firearm frame or receiver in accordance with this 
part. The term shall include any such identification on a privately 
made firearm, or an ATF issued serial number. When used in this part, 
the term ``serial number'' shall mean the ``importer's or 
manufacturer's serial number.''
* * * * *
    Privately made firearm (PMF). 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

[[Page 27747]]

placed by a licensed manufacturer at the time the firearm was produced. 
The term shall not include a firearm identified and registered in the 
National Firearms Registration and Transfer Record pursuant to chapter 
53, title 26, United States Code, or any firearm made before October 
22, 1968 (unless remanufactured after that date).
* * * * *
    Readily. A process that is fairly or reasonably efficient, quick, 
and easy, but not necessarily the most efficient, speedy, or easy 
process. Factors relevant in making this determination, with no single 
one controlling, include the following:
    (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.
* * * * *


Sec.  478.50   [Amended]

0
6. In Sec.  478.50(a), add the phrase ``or as otherwise provided in 
Sec.  478.129'' after ``at the licensed premises served by such 
warehouse''.
0
7. Revise Sec.  478.92 to read as follows:


Sec.  478.92  Identification of firearms and armor piercing ammunition.

    (a)(1) Firearms manufactured or imported by licensees. Licensed 
manufacturers and licensed importers of firearms must legibly identify 
each firearm they manufacture or import as follows:
    (i) Serial number, name, place of business. By engraving, casting, 
stamping (impressing), or otherwise conspicuously placing or causing to 
be engraved, cast, stamped (impressed) or otherwise placed on each part 
(or specific part(s) previously determined by the Director) defined as 
a frame or receiver thereof, a serial number, in a manner not 
susceptible of being readily obliterated, altered, or removed. The 
serial number identified on each part of a weapon defined as a frame or 
receiver must be the same number, but must not duplicate any serial 
number(s) placed by the licensee on any other firearm. Except as 
provided in paragraph (a)(4)(v) of this section, each frame or receiver 
thereof must also be marked with 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 abbreviated Federal firearms license number as a 
prefix, which is the first three and last five digits, followed by a 
hyphen, and then followed by a number as a suffix, e.g., ``12345678-
[number]''; and
    (ii) Model, caliber or gauge, foreign manufacturer, country of 
manufacture. By engraving, casting, stamping (impressing), or otherwise 
conspicuously placing or causing to be engraved, cast, stamped 
(impressed) or placed on each part (or specific part(s) previously 
determined by the Director) defined as a frame or receiver, or barrel 
or pistol slide (if applicable) thereof certain additional information. 
This information must be placed in a manner not susceptible of being 
readily obliterated, altered, or removed. Except as provided in 
paragraph (a)(4)(v) of this section, the additional information shall 
include:
    (A) The model, if such designation has been made;
    (B) The caliber or gauge;
    (C) When applicable, the name of the foreign manufacturer; and
    (D) In the case of an imported firearm, the name of the country in 
which it was manufactured. For additional requirements relating to 
imported firearms, see Customs regulations at 19 CFR part 134.
    (iii) Frame or receiver, machinegun conversion part, or muffler or 
silencer part disposed of separately. 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.
    (iv) Size and depth of markings. The engraving, casting, or 
stamping (impressing) of the serial number and additional information 
must be to a minimum depth of .003 inch and in a print size no smaller 
than \1/16\ inch. The size of serial numbers required by this section 
is measured as the distance between the latitudinal ends of the 
character impression bottoms (bases). The depth of all markings 
required by this section is measured from the flat surface of the metal 
and not the peaks or ridges.
    (v) Period of time to identify firearms. Licensed manufacturers 
must identify a complete weapon or complete muffler or silencer device 
no later than seven days following the date of completion of the active 
manufacturing process for the weapon or device, or prior to 
disposition, whichever is sooner. Except as provided in paragraph 
(a)(4)(iv) of this section, licensed manufacturers must identify 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 of no later than seven days following 
the date of completion of the active manufacturing process for the 
part, or prior to disposition, whichever is sooner. For purposes of 
this paragraph, firearms actively awaiting materials, parts, or 
equipment repair to be completed are actively in the manufacturing 
process. Licensed importers must identify imported firearms within the 
period prescribed in Sec.  478.112.
    (2) Privately made firearms. Unless previously identified by 
another licensee in accordance with this section, and except as 
provided in paragraph (a)(4)(vi) of this section, licensees must 
legibly and conspicuously identify each privately made firearm 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. 
PMFs must be identified by placing on each part (or specific part(s) 
previously determined by the Director) of a weapon defined as a frame 
or receiver, the same serial number, but must not duplicate any serial 
number(s) placed by the licensee on any other firearm. The serial 
number(s) must begin with the licensee's abbreviated Federal firearms 
license number as a prefix, which is the first three and last five 
digits, followed by a hyphen, and then followed by a number as a 
suffix, e.g., ``12345678-[number]''. The serial number(s) must be 
placed in a manner otherwise in accordance with this section, including 
the requirements that the serial number(s) be at the minimum size and 
depth, and not susceptible of being readily obliterated, altered, or 
removed.
    (3) Meaning of marking terms. For purposes of this section, the 
terms ``legible'' and ``legibly'' mean that the identification markings 
use exclusively

[[Page 27748]]

Roman 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.
    (4) Exceptions--(i) Alternate means or period of identification. 
The Director may authorize other means of identification or period of 
time to identify firearms upon receipt of a letter application or Form 
3311.4 from the licensee showing that such other identification or 
period is reasonable and will not hinder the effective administration 
of this part.
    (ii) Destructive devices. In the case of a destructive device, the 
Director may authorize other means of identification or period of time 
to identify that weapon upon receipt of a letter application or Form 
3311.4 from the licensee. 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.
    (iii) Adoption of identifying markings. Licensed manufacturers and 
licensed importers may adopt the serial number(s) or other identifying 
markings previously placed on a firearm in accordance with this section 
provided that, within the period and in the manner herein prescribed, 
the licensee legibly and conspicuously places, or causes to be placed, 
on each part (or specific part(s) previously determined by the 
Director) defined as a frame or receiver 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 abbreviated Federal firearms 
license number, which is the first three and last five digits, followed 
by a hyphen, and then followed by the existing serial number (including 
any other abbreviated FFL prefix) as a suffix, e.g., ``12345678-[serial 
number]''.
    (iv) Firearm muffler or silencer parts--(A) Firearm muffler or 
silencer parts transferred between qualified manufacturers to complete 
new devices. A licensed manufacturer qualified under part 479 may 
transfer a part defined as a firearm muffler or firearm silencer 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. Once the new 
device with such part is completed, the manufacturer of the device 
shall identify and register it in the manner and within the period 
specified in this part for a complete muffler or silencer device.
    (B) Firearm muffler or silencer replacement parts transferred to 
qualified manufacturers or dealers to repair existing devices. A 
licensed manufacturer qualified under part 479 may transfer a 
replacement part defined as a firearm muffler or firearm silencer 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.
    (v) Firearms designed and configured before [EFFECTIVE DATE OF THE 
FINAL RULE]. Licensed manufacturers and licensed importers may continue 
to identify firearms (other than PMFs) of the same design and 
configuration as they existed before [EFFECTIVE DATE OF THE FINAL RULE] 
with the information required to be marked by paragraphs (a)(1)(i) and 
(ii) of this section that were in effect prior to that date, and any 
rules necessary to ensure such identification shall remain effective 
for that purpose.
    (vi) Privately made firearms acquired before [EFFECTIVE DATE OF THE 
FINAL RULE]. 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.
    (b) Armor piercing ammunition. (1) Marking of ammunition. Each 
licensed manufacturer or licensed importer of armor piercing ammunition 
shall identify such ammunition by means of painting, staining or dying 
the exterior of the projectile with an opaque black coloring. This 
coloring must completely cover the point of the projectile and at least 
50 percent of that portion of the projectile which is visible when the 
projectile is loaded into a cartridge case.
    (2) Labeling of packages. Each licensed manufacturer or licensed 
importer of armor piercing ammunition shall clearly and conspicuously 
label each package in which armor piercing ammunition is contained, 
e.g., each box, carton, case, or other container. The label shall 
include the words ``ARMOR PIERCING'' in block letters at least \1/4\ 
inch in height. The lettering shall be located on the exterior surface 
of the package which contains information concerning the caliber or 
gauge of the ammunition. 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.
    (c) Voluntary classification of firearms and armor piercing 
ammunition. The Director may issue a determination to a person whether 
an item is a firearm or armor piercing ammunition as defined in this 
part upon receipt of a written request or form prescribed by the 
Director. 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. The Director shall not issue a determination 
regarding a firearm accessory or attachment unless it is installed on 
the firearm(s) in the configuration for which it is designed and 
intended to be used. Upon completion of the examination, the Director 
may return the sample to the person who made the request unless a 
determination is made that return of the sample would be or place the 
person in violation of law. A determination made by the Director under 
this paragraph shall not be deemed by any person to be applicable to or 
authoritative with respect to any other sample, design, model, or 
configuration.


Sec.  478.112   [Amended]

0
8. Amend Sec.  478.112 as follows:
0
a. In paragraph (b)(1)(iv)(A), remove ``manufacturer'' and add in its 
place ``manufacturer(s) of the firearm or privately made firearm (if 
privately made in the United States)''; and
0
b. In paragraph (b)(1)(iv)(G), remove ``serial number'' and add in its 
place ``serial number(s)''.


Sec.  478.113  [Amended]

0
9. Amend Sec.  478.113 as follows:
0
a. In paragraph (b)(1)(iv)(A), remove the word ``manufacturer'' and add 
in its place ``manufacturer(s) of the firearm or privately made firearm 
(if privately made in the United States)'';
0
b. In paragraph (b)(1)(iv)(G), remove the words ``serial number'' and 
add in

[[Page 27749]]

their place the words ``serial number(s)'';
0
c. In paragraph (c)(2)(ii), remove the word ``manufacturer'' and add in 
its place the word ``manufacturer(s)'';
0
d. In paragraph (c)(2)(iii), remove ``country of manufacturer'' and add 
in its place ``country or countries of manufacturer(s) of the firearm 
or privately made firearm (if privately made in the United States)''; 
and
0
e. In paragraph (c)(2)(vii), remove the words ``serial number'' and add 
in their place ``serial number(s)''.


Sec.  478.114   [Amended]

0
10. Amend Sec.  478.114 as follows:
0
a. In paragraph (a)(1)(v)(A), remove the word ``manufacturer'' and add 
in its place ``manufacturer(s) of the firearm or privately made firearm 
(if privately made in the United States)'';
0
b. In paragraph (a)(1)(v)(G), remove the words ``serial number'' and 
add in their place ``serial number(s)''; and
0
c. In paragraph (b)(2)(ii), add ``or privately made firearm (if 
privately made in the United States)'' after ``ammunition''.
0
11. Revise Sec.  478.122 to read as follows:


Sec.  478.122   Records maintained by importers.

    (a) Each licensed importer shall record the name of the 
importer(s), manufacturer(s) and/or privately made firearm (if 
privately made in the United States), type, model, caliber or gauge, 
country or countries of manufacture (if imported), and serial number(s) 
of each firearm imported or otherwise acquired (including a frame or 
receiver to be disposed of separately), the date of such importation or 
other acquisition, and if otherwise acquired, the name and address, or 
the name and license number of the person from whom it was received. 
The information required by this paragraph shall be recorded not later 
than 15 days following the date of importation or other acquisition in 
a format with the applicable columns set forth in paragraph (b) of this 
section.
    (b) A record of each firearm disposed of by an importer and a 
separate record of armor piercing ammunition dispositions to 
governmental entities, for exportation, or for testing or 
experimentation authorized under the provision of Sec.  478.149, shall 
be maintained by the licensed importer on the licensed premises. The 
record shall show the date of such sale or other disposition, and the 
name and license number of the licensee to whom the firearm was 
transferred, or if disposed to a nonlicensee, the name and address of 
the person, or the serial number of the firearms transaction record, 
Form 4473, if the licensee transferring the firearm serially numbers 
the Forms 4473 and files them numerically. The information required by 
this paragraph shall be entered in the proper record book not later 
than the seventh day following the date of the transaction. In the 
event the licensee records a duplicate entry with the same firearm and 
acquisition information, whether to close out an old record book or for 
any other reason, the licensee shall record a reference to the date and 
location of the subsequent entry (e.g., date of new entry, book name/
number, page number, and line number) as the disposition. 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
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                        Description of firearm                                                Import/manufacture/acquisition                         Disposition
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                                                 Address of
                                                                                                                               Name and  address of                             nonlicensee;
Importer(s), manufacturer(s), and/                      Caliber or   Country or countries    Serial       Date of import,      nonlicensee;  or if     Date of                 license No. of
 or PMF (if privately made in the     Type      Model      gauge      of manufacture (if    number(s)     manufacture, or      licensee,  name and   disposition    Name      licensee; or Form
               U.S.)                                                      imported)                         acquisition          license No. (if                             4473  Serial No. if
                                                                                                                                    acquired)                                 filed numerically
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


                    Importer's or Manufacturer's Armor Piercing Ammunition Disposition Record
----------------------------------------------------------------------------------------------------------------
                                                          Caliber or      Quantity of      Purchaser--name and
       Date of disposition             Manufacturer          gauge        projectiles            address
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------

    (c) The Director may authorize alternate records to be maintained 
by a licensed importer to record the acquisition and disposition of 
firearms and armor piercing ammunition when it is shown by the licensed 
importer that such alternate records will accurately and readily 
disclose the information required by this section. A licensed importer 
who proposes to use alternate records shall submit a letter application 
to the Director and shall describe the proposed alternate records and 
the need therefor. Such alternate records shall not be employed by the 
licensed importer until approval in such regard is received from the 
Director.
0
12. Revise Sec.  478.123 to read as follows:


Sec.  478.123   Records maintained by manufacturers.

    (a) Each licensed manufacturer shall record the name of the 
manufacturer(s), importer(s) (if any) and/or privately made firearm (if 
privately made in the United States), type, model, caliber or gauge, 
and serial number(s) of each firearm manufactured or otherwise acquired 
(including a frame or receiver to be disposed of separately), the date 
of such manufacture or other acquisition, and if otherwise acquired, 
the name and address or the name and license number of the person from 
whom it was received. The information required by this paragraph shall 
be recorded not later than the close of the next business day following 
the date of such manufacture or other acquisition, except that, when a 
commercial record is held by the licensed manufacturer separately from 
other commercial documents and readily available for inspection, 
containing all acquisition information required for the record, the 
period for making the required entry into the record may be delayed not 
to exceed the seventh day following the date of receipt. The 
information required by this paragraph shall be recorded in a format 
containing the applicable columns prescribed by Sec.  478.122.

[[Page 27750]]

    (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 Sec.  478.149, shall 
be maintained by the licensed manufacturer on the licensed premises. 
The record shall show the date of such sale or other disposition, and 
the name and license number of the licensee to whom the firearms were 
transferred, or if disposed to a nonlicensee, the name and address of 
the person, or the serial number of the firearms transaction record, 
Form 4473, if the licensee transferring the firearm serially numbers 
the Forms 4473 and files them numerically. The information required by 
this paragraph shall be entered in the proper record book not later 
than the seventh day following the date of the transaction. In the 
event the licensee records a duplicate entry with the same firearm and 
acquisition information, whether to close out an old record book or for 
any other reason, the licensee shall record a reference to the date and 
location of the subsequent entry (e.g., date of new entry, book name/
number, page number, and line number) as the disposition. Such 
information shall be recorded in a format containing the applicable 
columns prescribed by Sec.  478.122, except that for armor piercing 
ammunition, the information and format shall also include the quantity 
of projectiles.
    (c) The Director may authorize alternate records to be maintained 
by a licensed manufacturer to record the acquisition or disposition of 
firearms and armor piercing ammunition when it is shown by the licensed 
manufacturer that such alternate records will accurately and readily 
disclose the information required by this section. A licensed 
manufacturer who proposes to use alternate records shall submit a 
letter application to the Director and shall describe the proposed 
alternate record and the need therefor. Such alternate records shall 
not be employed by the licensed manufacturer until approval in such 
regard is received from the Director.


Sec.  478.124  [Amended]

0
13. Amend Sec.  478.124 as follows:
0
a. In paragraph (c)(4), remove ``manufacturer'' and add in its place 
``manufacturer(s)'', remove the words ``importer (if any)'' and add in 
their place ``importer(s) (if any) of the firearm or privately made 
firearm (if privately made in the United States)'', and remove the 
words ``serial number'' and add in their place ``serial number(s)''; 
and
0
b. In the fourth sentence of paragraph (f), remove ``Upon receipt of 
such Forms 4473, the'' and add in its place ``The'', remove 
``manufacturer'' and add in its place ``manufacturer(s)'', remove the 
words ``importer (if any)'' and add in their place ``importer(s) (if 
any) of the firearm or privately made firearm (if privately made in the 
United States)'', and remove the words ``serial number'' and add in 
their place ``serial number(s)''.
0
14. Amend Sec.  478.125 as follows:
0
a. In paragraph (e):
0
i. Remove ``manufacturer'' and add in its place ``manufacturer(s)'', 
remove the words ``importer (if any)'' and add in their place 
``importer(s) (if any) of the firearm or privately made firearm (if 
privately made in the United States)'', remove the words ``serial 
number'', wherever they appear, and add in their place ``serial 
number(s)'', and remove ``as provided in paragraph (g)'' and add in its 
place ``as provided in paragraphs (g) and (i)'';
0
ii. Add a sentence after the sixth sentence; and
0
iii. In the table Firearms Acquisition and Disposition Record remove 
``Name and address or name and license No.'' and add in its place 
``Name and address of nonlicensee; or if licensee, name and License 
No.'', and remove ``Address or License No. if licensee, or Form 4473 
Serial No. if Forms 4473 filed numerically'' and add in its place 
``Address of nonlicensee; License No. of licensee; or Form 4473 Serial 
No. if such forms filed numerically'';
0
b. In paragraph (f)(1):
0
i. Remove ``manufacturer'' and add in its place ``manufacturer(s)'', 
remove the words ``importer (if any)'' and add in their place 
``importer(s) (if any) of the firearm or privately made firearm (if 
privately made in the United States)'', remove the words ``serial 
number'' and add in their place ``serial number(s)''; and
0
ii. Add a sentence after the fifth sentence;
0
c. In paragraph (f)(2) table Firearms Collectors Acquisition and 
Disposition Record, remove ``Manufacturer'' and add in its place 
``Manufacturer(s)'', remove the words ``importer (if any)'' and add in 
their place ``importer(s) (if any) of the firearm or privately made 
firearm (if privately made in the United States)'', and remove the 
words ``Serial No.'' and add in their place ``Serial number(s)''; and
0
d. Add paragraph (j).
    The additions read as follows:


Sec.  478.125   Record of receipt and disposition.

* * * * *
    (e) * * * In the event the licensee records a duplicate entry with 
the same firearm and acquisition information, whether to close out an 
old record book or for any other reason, the licensee shall record a 
reference to the date and location of the subsequent entry (e.g., date 
of new entry, book name/number, page number, and line number) as the 
disposition.* * *
* * * * *
    (f) * * *
    (1) * * * In the event the licensee records a duplicate entry with 
the same firearm and acquisition information, whether to close out an 
old record book or for any other reason, the licensee shall record a 
reference to the date and location of the subsequent entry (e.g., date 
of new entry, book name/number, page number, and line number) as the 
disposition.* * *
* * * * *
    (j) Privately made firearms. Licensees must record each receipt 
(whether or not kept overnight) or other acquisition (including from a 
personal collection) and disposition (including to a personal 
collection) of a privately made firearm as required by this part, 
except that such information need not be recorded if the firearm is 
being identified under the direct supervision of another licensee with 
their information. Once a privately made firearm is identified by the 
licensee in accordance with section 478.92(a)(2), the licensee shall 
update the record of acquisition entry with the identifying 
information.


Sec.  478.125   [Amended]

0
15. Amend Sec.  478.125a as follows:
0
a. In the first sentence of paragraph (a)(4), remove ``manufacturer and 
importer (if any)'' and add in its place ``manufacturer(s) and 
importer(s) (if any) of the firearm or privately made firearm (if 
privately made in the United States)'', remove the words ``serial 
number'' and add in their place ``serial number(s)'', remove 
``Manufacturer and importer (if any)'' and add in its place 
``Manufacturer(s) and importer(s) (if any)'', and remove the words 
``Serial No.'' and add in their place ``serial number(s)''.
0
16. In Sec.  478.129, revise paragraphs (b), (d), and (e) to read as 
follows:


Sec.  478.129   Record retention.

* * * * *
    (b) Firearms Transaction Record. Licensees shall retain each Form 
4473 until business is discontinued, either on paper, or in an 
electronic alternative method approved by the Director, at the

[[Page 27751]]

business premises readily accessible for inspection under this part. 
Paper forms over 20 years of age may be stored at a separate warehouse, 
which shall be considered part of the business premises for this 
purpose and subject to inspection under this part. Forms 4473 shall be 
retained in the licensee's records as provided in Sec.  478.124(b): 
Provided, that Forms 4473 with respect to which a sale, delivery or 
transfer did not take place shall be separately retained in 
alphabetical (by name of transferee) or chronological (by date of 
transferee's certification) order.
* * * * *
    (d) Records of importation and manufacture. Licensees shall 
maintain records of the importation, manufacture, or other acquisition 
of firearms, including ATF Forms 6 and 6A as required by subpart G of 
this part, until business is discontinued. Licensed importers' records 
and licensed manufacturers' records of the sale or other disposition of 
firearms after December 15, 1968, shall be retained until business is 
discontinued, either on paper, or in an electronic alternative method 
approved by the Director, at the business premises readily accessible 
for inspection under this part. Paper records that do not contain any 
open disposition entries and with no dispositions recorded within 20 
years may be stored at a separate warehouse, which shall be considered 
part of the business premises for this purpose and subject to 
inspection under this part.
    (e) Records of dealers and collectors. The records prepared by 
licensed dealers and licensed collectors of the sale or other 
disposition of firearms and the corresponding record of receipt of such 
firearms shall be retained until business or licensed activity is 
discontinued, either on paper, or in an electronic alternative method 
approved by the Director, at the business or collection premises 
readily accessible for inspection under this part. Paper records that 
do not contain any open disposition entries and with no dispositions 
recorded within 20 years may be stored at a separate warehouse, which 
shall be considered part of the business premises for this purpose and 
subject to inspection under this part.
* * * * *

PART 479--MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER 
FIREARMS

0
17. The authority citation for 27 CFR part 479 continues to read as 
follows:

    Authority: 26 U.S.C. 5812; 26 U.S.C. 5822; 26 U.S.C. 7801; 26 
U.S.C. 7805.

0
18. In Sec.  479.11:
0
a. Add definitions for ``Complete muffler or silencer device'' and 
``Complete weapon'';
0
b. Revise the definition of ``Frame or receiver'';
0
c. Add a definition for ``Readily''; and
0
d. Add a sentence at the end of the definition of ``Transfer''.
    The additions and revision read as follows:


Sec.  479.11  Meaning of terms.

* * * * *
    Complete muffler or silencer device. A muffler or silencer that 
contains all component parts necessary to function as designed whether 
or not assembled or operable.
    Complete weapon. A firearm other than a muffler or silencer that 
contains all component parts necessary to function as designed whether 
or not assembled or operable.
* * * * *
    Frame or receiver. The term ``frame or receiver'' shall have the 
same meaning as in 27 CFR 478.11.
* * * * *
    Readily. A process that is fairly or reasonably efficient, quick, 
and easy, but not necessarily the most efficient, speedy, or easy 
process. Factors relevant in making this determination, with no single 
one controlling, include the following:
    (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.
* * * * *
    Transfer. * * * For purposes of this part, the term shall not 
include the temporary conveyance of a lawfully possessed firearm to a 
manufacturer or dealer qualified under this part for the sole purpose 
of repair, identification, evaluation, research, testing, or 
calibration, and return to the same lawful possessor.
* * * * *


Sec.  479.62   [Amended]

0
19. In Sec.  479.62(b)(3), remove ``manufacturer'' and add in its place 
``manufacturer(s)'' and remove the words ``serial number'' and add in 
their place ``serial number(s)''.


Sec.  479.84   [Amended]

0
20. In Sec.  479.84(b)(8), remove ``manufacturer'' and add in its place 
``manufacturer(s)'', remove the words ``importer (if known)'' and add 
in their place ``importer(s) (if known)'', and remove the words 
``serial number'', wherever they may be, and add in their place 
``serial number(s)''.


Sec.  479.88   [Amended]

0
21. In Sec.  479.88(b), remove ``manufacturer'' and add in its place 
``manufacturer(s)'', remove the word ``importer'' and add in its place 
``importer(s)'', and remove the words ``serial number'' and add in 
their place ``serial number(s)''.


Sec.  479.90  [Amended]

0
22. In Sec.  479.90(b), remove the words ``manufacturer'', wherever 
they may be, and add in their place ``manufacturer(s)'', remove the 
word ``importer'' and add in its place ``importer(s)'', and remove the 
words ``serial number'' and add in their place ``serial number(s)''.
0
23. Revise Sec.  479.102 to read as follows:


Sec.  479.102  Identification of firearms.

    (a) Identification required. You, as a manufacturer, importer, or 
maker of a firearm, must legibly identify the firearm as follows:
    (1) Serial number, name, place of business. By engraving, casting, 
stamping (impressing), or otherwise conspicuously placing or causing to 
be engraved, cast, stamped (impressed) or otherwise placed on each part 
(or specific part(s) previously determined by the Director) defined as 
a frame or receiver thereof, a serial number, in a manner not 
susceptible of being readily obliterated, altered, or removed. The 
serial number identified on each part of a weapon, including a weapon 
parts kit, defined as a frame or receiver must be the same number, but 
must not duplicate any serial number(s) placed by the licensee or maker 
on any other firearm. Except as provided in paragraph (b)(5) of this 
section, each frame or receiver thereof must also be marked with 
either: Your name (or recognized abbreviation), and city and State (or 
recognized abbreviation) where you as a manufacturer or importer 
maintain your place of business, or in the case of a maker, where you 
made the

[[Page 27752]]

firearm; or if a licensee, your name (or recognized abbreviation) and 
abbreviated Federal firearms license number as a prefix, which is the 
first three and last five digits, followed by a hyphen, and then 
followed by a number as a suffix, e.g., ``12345678-[number]''; and
    (2) Model, caliber or gauge, foreign manufacturer, country of 
manufacture. By engraving, casting, stamping (impressing), or otherwise 
conspicuously placing or causing to be engraved, cast, stamped 
(impressed) or placed on each part (or specific part(s) previously 
determined by the Director) defined as a frame or receiver, or barrel 
or pistol slide (if applicable) thereof certain additional information. 
This information must be placed in a manner not susceptible of being 
readily obliterated, altered, or removed. Except as provided in 
paragraph (b)(5) of this section, the additional information shall 
include:
    (i) The model, if such designation has been made;
    (ii) The caliber or gauge;
    (iii) When applicable, the name of the foreign manufacturer or 
maker; and
    (iv) In the case of an imported firearm, the name of the country in 
which it was manufactured. For additional requirements relating to 
imported firearms, see Customs regulations at 19 CFR part 134.
    (3) Frame or receiver, machine gun conversion part, or silencer 
part disposed of separately. Except as provided in paragraph (b)(4) of 
this section, each part defined as a frame or receiver, machine gun, 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 you 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.
    (4) Size and depth of markings. The engraving, casting, or stamping 
(impressing) of the serial number and additional information must be to 
a minimum depth of .003 inch and in a print size no smaller than \1/16\ 
inch. The size of serial numbers required by this section is measured 
as the distance between the latitudinal ends of the character 
impression bottoms (bases). The depth of all markings required by this 
section is measured from the flat surface of the metal and not the 
peaks or ridges.
    (5) Period of time to identify firearms. You must identify a 
complete weapon or complete muffler or silencer device no later than 
seven days following the date of completion of the active manufacturing 
process for the weapon or device, or prior to disposition, whichever is 
sooner. Except as provided in paragraph (b)(4) of this section, you 
must identify each part, including a replacement part, defined as a 
frame or receiver, machine gun, 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 no later than seven days 
following the date of completion of the active manufacturing process 
for the part, or prior to disposition, whichever is sooner. For 
purposes of this paragraph, firearms actively awaiting materials, 
parts, or equipment repair to be completed are actively in the 
manufacturing process. Licensed importers must identify imported 
firearms within the period prescribed in Sec.  478.112.
    (6) Meaning of marking terms. For purposes of this section, the 
terms ``legible'' and ``legibly'' mean that the identification markings 
use exclusively Roman 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.
    (b) Exceptions--(1) Alternate means or period of identification. 
The Director may authorize other means of identification or period of 
time to identify firearms upon receipt of a letter application or Form 
3311.4 from you showing that such other identification or period is 
reasonable and will not hinder the effective administration of this 
part.
    (2) Destructive devices. In the case of a destructive device, the 
Director may authorize other means of identification or period of time 
to identify that weapon upon receipt of a letter application or Form 
3311.4 from you. 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 time period is 
reasonable and will not hinder the effective administration.
    (3) Adoption of identifying markings. Licensed manufacturers and 
licensed importers may adopt the serial number(s) or other identifying 
markings previously placed on a firearm in accordance with this section 
provided that, within the period and in the manner herein prescribed, 
the licensee legibly and conspicuously places, or causes to be placed, 
on each part (or specific part(s) previously determined by the 
Director) defined as a frame or receiver 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 Federal 
firearms license number, which is the first three and last five digits, 
followed by a hyphen, and then followed by the existing serial number 
(including any other abbreviated FFL prefix) as a suffix, e.g., 
``12345678-[serial number]''.
    (4) Firearm muffler or silencer parts--(i) Firearm muffler or 
silencer parts transferred between qualified manufacturers to complete 
new devices. A licensed manufacturer qualified under this part may 
transfer a part defined as a muffler or silencer to another qualified 
manufacturer without immediately identifying or registering such part 
provided that, upon receipt, it is actively used to manufacture a new 
complete muffler or silencer device. Once the new device with such part 
is completed, the manufacturer of the device shall identify and 
register it in the manner and within the period specified in this part 
for a complete muffler or silencer device.
    (ii) Firearm muffler or silencer replacement parts transferred to 
qualified manufacturers or dealers to repair existing devices. A 
licensed manufacturer qualified under this part may transfer a 
replacement part defined as a muffler or silencer 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.
    (5) Firearms designed and configured before [EFFECTIVE DATE OF THE 
FINAL RULE]. Licensed manufacturers and licensed importers may continue 
to identify firearms of the same design and configuration as they 
existed before [EFFECTIVE DATE OF THE FINAL RULE] with the information 
required to be marked by paragraphs (a)(1) and (2) of this section that 
were in effect prior to that date, and any rules necessary to ensure 
such identification shall remain effective for that purpose.
    (c) Voluntary classification of firearms. The Director may issue a 
determination to a person whether an item is a firearm as defined in 
this part

[[Page 27753]]

upon receipt of a written request or form prescribed by the Director. 
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. The 
Director shall not issue a determination regarding a firearm accessory 
or attachment unless it is installed on the firearm(s) in the 
configuration for which it is designed and intended to be used. Upon 
completion of the examination, the Director may return the sample to 
the person who made the request unless a determination is made that 
return of the sample would be or place the person in violation of law. 
A determination made by the Director under this paragraph shall not be 
deemed by any person to be applicable to or authoritative with respect 
to any other sample, design, model, or configuration.


Sec.  479.103   [Amended]

0
24. In Sec.  479.103, at the end of the third sentence, add ``, except 
as provided in Sec.  479.102(b)(4).''


Sec.  479.112   [Amended]

0
25. In Sec.  479.112(a), second sentence, remove the words ``serial 
number'' and add in their place the words ``serial number(s)''.


Sec.  479.141   [Amended]

0
26. In Sec.  479.141, remove the word ``manufacturer'' and add in its 
place ``manufacturer(s)'' and remove the words ``serial number'' and 
add in their place ``serial number(s)''.

    Dated: May 7, 2021.
Merrick B. Garland,
Attorney General.
[FR Doc. 2021-10058 Filed 5-20-21; 8:45 am]
BILLING CODE 4410-FY-P