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All Q&As by Category

Final Rule - 2021R-05F

What is a privately made firearm (PMF)?

What are the licensing and marking requirements for a FFL to purchase new firearms from a licensed manufacturer (i.e. firearms never transferred to other than a licensee) and perform a manufacturing process for the purposes of sales and distribution?

The final rule provides that licensees who acquire privately made firearms (PMFs) may have PMFs engraved on-the-spot by another person under their direct supervision. What does “under direct supervision” mean?

Some PMFs do not have a metal plate inserted into the frame or receiver or, if they do, the plates are not large enough to accommodate the serial number as required under the amended regulations. Is there a variance for those situations?

May licensed manufacturers manufacturing firearms before the effective date of the final rule continue marking these frames or receivers (depending on the firearm) in the same manner after the effective date of the final rule?

May an individual operate a mobile privately made firearm (PMF) marking services business that travels to other federal firearms licensees (FFLs) to mark PMFs received by other FFLs?

May a licensee take a privately made firearm (PMF) into inventory if it does not have equipment necessary to mark firearms?

May a licensee maintain multiple A&D records depending on the activity conducted (e.g. A&D records for retail, gunsmithing, manufacturing, NFA, etc.)?

May a licensee copy a grandfathered firearm design, and manufacture and mark such firearms in accordance with 478.92 as it was written before it was amended by the final rule?

Is a licensee, who receives a privately made firearm (PMF) solely for marking a serial number, required to complete an ATF Form 4473 and conduct a NICS check prior to returning the PMF to the customer?

Is a licensee required to mark a privately made firearm (PMF) received for adjustment or repair that is returned to the person from whom it was received?

Is a licensee required to mark a privately made firearm (PMF) it receives solely to temporarily hold for an individual (e.g., for storage)?

Is a licensee required to complete an ATF Form 4473 and conduct a background check before transferring a privately made firearm (PMF) to an individual other than from whom it was received?

Is a gunsmith who marks privately made firearms (PMFs) as part of a marking service for other federal firearms licensees (FFLs) required to enter those PMFs into his/her A&D record?

Is a company that possesses both a manufacturer’s federal firearms license (FFL) and an importer’s FFL required to consolidate the records of both licensees?

In the case of PMFs or manufactured, remanufactured, or imported firearms, may a licensee mark the barrel or slide with required markings if there is insufficient space on a firearm frame or receiver to accomplish marking requirements?

How would a licensee meet the marking requirement if they take a polymer privately made firearm (PMF) into inventory, such as one that was made by 3-D printing?

How should FFLs identify privately made firearms (PMFs) in their A&D record and ATF Form 4473?

How must licensees mark silencers that have different attachment methods?

How do I change from a Type 01 to a Type 07 Federal Firearms License?

How do federal firearms licensees (FFLs) mark newly made, remanufactured, or imported firearms that are for sale or distribution?

Does the final rule reclassify AR-15 uppers, and are they now required to be marked with a serial number?

Does the final rule change how and where federal firearms licensees (FFLs) must retain their records?

Does an unfinished frame or receiver that the seller/transferor packages with an internet address for obtaining equipment or instructions to make a firearm “frame or receiver” meet the definition of a firearm?

Do partially completed or so-called 80% AR-15 type lower receivers meet the definition of “frame or receiver” if they are stand-alone items without serial numbers (i.e. not included within a parts kit)?