ATF Formally releases new proposed definition of "Frame or Receiver” and Identification of Firearms

cathouse01

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See starting at page 21:
I find it somewhat confusing in that it talks about “firearm parts kits with incomplete frames or receivers”, but doesn’t seem to address 80% lowers or frames directly. It states that the “parts kits” should be defined as a firearm, but doesn’t really say anything about a 80% lower or frame sold standalone.

Am I missing something?
 
See starting at page 21:
I find it somewhat confusing in that it talks about “firearm parts kits with incomplete frames or receivers”, but doesn’t seem to address 80% lowers or frames directly. It states that the “parts kits” should be defined as a firearm, but doesn’t really say anything about a 80% lower or frame sold standalone.

Am I missing something?

Damping the Build, Buy, Shoot kits without f***ing the 80%'s?
 
As always the devil is in the details.

This is the summary on the ATF page:

Proposed New Definition of Firearm “Frame or Receiver”​

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

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

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

The proposed rule maintains current classifications and marking requirements of firearm frames or receivers, except that licensed manufacturers and importers must mark on new designs or configurations either: their name (or recognized abbreviation), and city and state (or recognized abbreviation) where they maintain their place of business; or their name (or recognized abbreviation) and their abbreviated FFL number, on each part defined as a frame or receiver, along with the serial number.

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

Firearm Parts Kits​

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

Weapon parts kits with partially complete frames or receivers and containing the necessary parts such that they may readily be completed, assembled, converted, or restored to expel a projectile by the action of an explosive are “firearms” for which each frame or receiver of the weapon would need to be marked.

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

Licensing of Dealer/Gunsmiths​

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

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

Marking Requirements for Firearms Other than PMFs​

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

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

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

Marking and Recordkeeping Requirements for PMFs​

Under the proposed rule, a “privately made firearm” (PMF) is a firearm, including a frame or receiver, assembled or otherwise produced by a person other than a licensed manufacturer, and without a serial number or other identifying markings placed by a licensed manufacturer at the time the firearm was produced. The term does not include an NFA registered firearm, or one made before October 22, 1968 (unless remanufactured after that date).

Licensees must:

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

Marking, Registration, and Transfer Requirements for Silencers​

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

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

A qualified manufacturer may:

  • Transfer a silencer part to another qualified manufacturer without immediately identifying or registering such part provided that, upon receipt, it is actively used to manufacture a complete muffler or silencer device.
  • Transfer a replacement silencer part other than a frame or receiver to a qualified manufacturer or dealer without identifying or registering such part provided that, upon receipt, it is actively used to repair a complete muffler or silencer device that was previously identified and registered in accordance with this part.
Persons may temporarily convey a lawfully possessed NFA firearm, including a silencer, to a qualified manufacturer or dealer for the sole purpose of repair, identification, evaluation, research, testing, or calibration, and return to the same lawful possessor without additional identification or registration.

Records of Acquisition and Disposition​

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

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

Record Retention​

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

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

Learn More​

 
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.
This statement says "licensee " so they are still talking about FFLs. Nothing about private ownership.


But still, this sucks.

For someone more in the know, what's the legal process of getting this proposed definition accepted?
 
"any externally visible housing or holding structure for one or more fire control components. A “fire control component” is one necessary for the firearm to initiate, complete, or continue the firing sequence, including, but not limited to, any of the following: hammer, bolt, bolt carrier, breechblock, cylinder, trigger mechanism, firing pin, striker, or slide rails."

Upper receivers. Slides. BCG's (you can see them when the dust cover is open). How about a replacement hammer for an old revolver? The firing pin is on the front and it's visible from the outside. Guess you can only get one through an FFL and it needs to be serialized?
 
They realized they couldn’t use a % to define a receiver so they redefined it to mean anything that holds fire control components. I guess externally visible is meant to exclude trigger packs and drop in stuff.
 
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If you read the whole document, they never say anything specifically about what we call an 80% lower or 80% frame (other than to say that it is not an ATF term). They only mention them as part of a complete kit. P80 was selling a complete kit with all the parts (including barrel and slide) plus the jigs and bits that you would need to complete the 80% frame, so that the kit was everything you needed to build the gun. My reading is that these types of kits (I bought a similar one for an AR build from Midway, in this case it was all the parts, including an 80% lower, needed to build a complete AR) are now going to be considered firearms. But nowhere do I find it saying the an 80% lower or 80% frame would be considered a “firearm frame or receiver” and therefore need to be serialized and go through a licensee. It just talks about kits.
 
Maybe they’re capturing 80s with the inclusion of parts kits? If you have an 80 that won’t hold fire control components in its current state and no parts to build the rest they don’t care, but if you have the parts (as everyone does) then you have a firearm.
 
The proposal does include this specific wording:

At the same time, consistent with the intent of the GCA, 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.

So all the marking stuff is about when you bring your home built to an FFL to sell it.
 
Maybe they’re capturing 80s with the inclusion of parts kits? If you have an 80 that won’t hold fire control components in its current state and no parts to build the rest they don’t care, but if you have the parts (as everyone does) then you have a firearm.
I think they are saying that if a manufacturer is selling complete kits, then they are in effect selling a firearm and need to treat it as such. From what I read it is silent on just an 80% lower or 80% frame, as they should be since they are just hunks of aluminum or plastic.
 
I thought they just raided p80, I'm unaware of any official documented policy change that came from it.
Yeah I got the last shipment from jsd supply when I ordered mine they said due to the atfs shit they weren't selling mills in the same order
 
So this means that pretty much any pistol slide, shotgun trigger assembly (870, moss500), rifle /shotgun bolts would all be classified as receivers since they contain a firing pin or hammer?
 
Finally found this on page 88:

(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.

The qualifier "clearly identifiable as an unfinished component part of a weapon” would indicate that 80% parts would now be included as a frame or receiver.
 
“Weapon of War”: anything, including truth, that could be used to threaten the UniParty’s grip on power.
 
So if a person has an 80% lower receiver, then finishes it, they have to take it to a licensed gunsmith to have it marked and documented?
No, only if you want to sell it though an FFL. In the past FFLs could transfer a homemade gun that did not have any markings, now they can’t. If you’re keeping it for personal use or just selling it in state, face to face, you still don’t need to mark it. Since you must use an FFL when crossing state boundaries, you would need it marked for any out of state sale.
 
They realized they couldn’t use a % to define a receiver so they redefined it to mean anything that holds fire control components. I guess externally visible is meant to exclude trigger packs and drop in stuff.
ATF has never used a percentage, only "readily convertible". Now they keep changing what "readily" means.
 
The proposal does include this specific wording:

At the same time, consistent with the intent of the GCA, 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.

So all the marking stuff is about when you bring your home built to an FFL to sell it.
It's about more than that: it's about making a legal "firearm" out of any "externally visible housing" that contains any fire control parts. A stripped upper would be the same as a completed firearm, legally, with all the marking requirements, licensing, and transfer restrictions.
 
Under the proposed rule, a “frame or receiver” is any externally visible housing or holding structure for one or more fire control components. A “fire control component” is one necessary for the firearm to initiate, complete, or continue the firing sequence, including, but not limited to, any of the following: hammer, bolt, bolt carrier, breechblock, cylinder, trigger mechanism, firing pin, striker, or slide rails.

A gas system is necessary for any gas-operated firearm to complete or continue the firing sequence. Are gas blocks and handguards (externally visible housing or holding structures) going to be controlled firearms now?
 
Finally found this on page 88:

(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.

The qualifier "clearly identifiable as an unfinished component part of a weapon” would indicate that 80% parts would now be included as a frame or receiver.
Yeah, that’s troubling
 
This is known as tightening the noose. When the bill passes that allows the FBI/DOJ to halt all gun sales nationally by sitting on background checks indefinitely, building one yourself won’t be an option.

See how this works?
 
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