Final Rule - 2021R-05F
All licensees are required to mark all PMFs they acquire. Licensees may mark PMFs themselves or they may have any person, licensee or non-licensee, mark PMFs on their behalf. However, such other person may only mark a PMF on-the-spot under the direct supervision of the original federal firearms licensee (FFL). In this scenario, the person physically marking the PMF for the FFL will mark the PMF with the acquiring licensee’s abbreviated FFL number in accordance with 478.92(a)(2). In addition, a licensee who marks a PMF for the FFL who acquires the PMF need not log the PMF into its records.
Licensees have seven days to properly mark a PMF it acquires into inventory.
The term ‘‘receiver’’ in 478.12(a)(2) means the part of a rifle, shotgun, or projectile weapon other than a handgun, or variants thereof, that provides housing or a structure for the primary component designed to block or seal the breech prior to initiation of the firing sequence (i.e., bolt, breechblock, or equivalent), even if pins or other attachments are required to connect such component to the housing or structure.
The term ‘‘receiver’’ as stated in 478.12I shall include a partially complete, disassembled, or nonfunctional frame or receiver, including a frame or receiver parts kit, that is designed to or may readily be completed, assembled, restored, or otherwise converted to function as a frame or receiver, i.e., to house or provide a structure for the primary energized component of a handgun, breech blocking or sealing component of a projectile weapon other than a handgun, or internal sound reduction component of a firearm muffler or firearm silencer, as the case may be. The term shall not include a forging, casting, printing, extrusion, unmachined body, or similar article that has not yet reached a stage of manufacture where it is clearly identifiable as an unfinished component part of a weapon (e.g., unformed block of metal, liquid polymer, or other raw material). When issuing a classification, the Director may consider any associated templates, jigs, molds, equipment, tools, instructions, guides, or marketing materials that are sold, distributed, or possessed with the item or kit, or otherwise made available by the seller or distributor of the item or kit to the purchaser or recipient of the item or kit. The amended regulations examples that illustrate the definitions.
The term “readily” as defined in 478.11 means a process, action, or physical state that is fairly or reasonably efficient, quick, and easy, but not necessarily the most efficient, speediest, or easiest process, action, or physical state. With respect to the classification of firearms, factors relevant in making this determination include the following: (1) Time, i.e., how long it takes to finish the process; (2) Ease, i.e., how difficult it is to do so; (3) Expertise, i.e., what knowledge and skills are required; (4) Equipment, i.e., what tools are required; (5) Parts availability, i.e., whether additional parts are required, and how easily they can be obtained; (6) Expense, i.e., how much it costs; (7) Scope, i.e., the extent to which the subject of the process must be changed to finish it; and (8) Feasibility, i.e., whether the process would damage or destroy the subject of the process, or cause it to malfunction.
The absence of a serial number is irrelevant in determining whether a weapon is a firearm.
Licensees may voluntarily request a determination whether a receiver is a regulated firearm by contacting ATF’s Firearms and Ammunition Technology Division (FATD).
The final rule clarifies that the definition of “firearm” includes a weapon parts kit that is designed to or may readily be completed, assembled, restored, or otherwise converted to expel a projectile by the action of an explosive. It also clarifies that the term “firearm” does not include a weapon, including a weapon parts kit, in which the frame or receiver of such weapon is “destroyed” as described in the definition “frame or receiver.” The final rule also explains that persons engaged in the business of selling or distributing weapon parts kits cannot avoid licensing, marking, recordkeeping, or other requirements to which federal firearms licensees (FFLs) are subject ‘‘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.’’
Licensees who require a determination whether a weapon parts kit is a regulated firearm may contact ATF’s Firearms and Ammunition Technology Division (FATD) for a determination.
No.
No. In cases where the acquiring FFL is contracting out marking services of PMFs to a licensed gunsmith (or unlicensed engraver), the gunsmith or engraver may only perform such engraving services on the spot under the direct supervision of the requesting FFL. The marking FFL need not record the PMF in his/her A&D records.
Yes. Licensees who acquire PMFs into inventory for any reason, including private party transfers, are required to mark those PMFs, unless already marked by another licensee pursuant to 478.92(a)(2).
The final rule does not require licensees to notify ATF when a PMF has been marked. PMF marking and corresponding recordkeeping requirements ensure traceability of those PMFs should they be recovered.
Any cost associated with marking PMFs is to be determined by the licensee and the customer.
Yes. Except for a firearm received for adjustment or repair that is returned to the person from whom it was received on the same day, any federal firearms licensee (FFL) who takes an unmarked PMF into inventory must mark the PMF in accordance with 27 CFR 478.92(a)(2).
The final rule amends 27 CFR 478.92(a)(2) and explains that an acceptable method of identifying a polymer frame privately made firearm (PMF) is by placing a serial number on a metal plate that is permanently embedded into a polymer frame or receiver, or other method approved by the Director.
A marking variance can be applied for under 478.92(a)(4), as amended, which states:
Exceptions—(i) Alternate means of identification. The Director may authorize other means of identification to identify firearms upon receipt of a letter application or prescribed form from the licensee showing that such other identification is reasonable and will not hinder the effective administration of this part.
Licensees may mark PMFs themselves or they can take a PMF to any person, licensee or non-licensee, who has the ability to mark the PMF. However, such other person may only mark the PMF on-the-spot under the direct supervision of the original federal firearms licensee (FFL). This person shall mark the PMF with the original licensee’s abbreviated FFL number in accordance with 478.92(a)(2).
PMFs are marked “under the direct supervision” of the FFL who received or acquired the PMF when the FFL required to mark the PMF has not disposed of the PMF to the person doing the marking. In no case may the licensee who receives or acquires a PMF dispose of an unmarked PMF, whether to a licensee or non-licensee, until the firearm is properly marked, and the serial number is recorded in the record of the licensee who received or acquired the PMF.
Under federal law, it’s not unlawful for a person who is not prohibited from possessing firearms to make a non-NFA (National Firearms Act) privately made firearm (PMF) for their own personal use.
ATF has long held that placing a serial number directly into polymer does not meet marking requirements since such serial number would be susceptible to being readily obliterated, altered or removed.
The final rule amends 27 CFR 478.92(a)(2) and explains that an acceptable method of identifying a polymer frame PMF is by placing a serial number on a metal plate that is permanently embedded into a polymer frame or receiver, or other method approved by the Director.
Licensees may not take into inventory PMFs they cannot mark pursuant to the requirements of 478.92(a)(2).
Final rule 2021R-05F amends the definition of the term “gunsmith” in 27 CFR 478.11 to include a person who places marks of identification on privately made firearms, as a regular course of trade or business with the principal objective of livelihood and profit.
The GCA provides no allowance for a mobile FFL business, and each location set forth on the issued ATF license must be where the intended activity will take place (with limited exceptions, such as conducting business at a qualifying gun show or event). A licensed gunsmith may not, therefore, travel to an individual customer’s location, even if that customer is another FFL, for the purpose of placing marks of identification on privately made firearms without violating the GCA and its implementing regulations.
If the PMF is already marked by a non-licensee with a unique identification number that otherwise meets the marking standards in 478.92 (e.g., depth and size requirements), FFLs may adopt the unique PMF serial number by marking their abbreviated license number (first three and last five digits of their FFL number) as a prefix to the number, immediately followed by a hyphen (i.e., “12345678-[unique identification number]”), provided the unique identification number is not duplicated on any other firearm of the licensee.
If the unique identification number marked on the PMF does not comply with 478.92, the licensee may not adopt the unique identification numbers and must mark the firearm as required by 478.92(a)(2).
Licensees must legibly and conspicuously identify each PMF received or otherwise acquired (including from a personal collection) not later than the seventh day following the date of receipt or other acquisition, or before the date of disposition (including to a personal collection), whichever is sooner. PMFs must be identified by placing or causing to be placed under the licensee’s direct supervision, an individual serial number on the frame or receiver, which must not duplicate any serial number placed by the licensee on any other firearm. The serial number must begin with the licensee’s abbreviated FFL number, which is the first three and last five digits, as a prefix to a unique identification number, followed by a hyphen, e.g., ‘‘12345678-[unique identification number]’’. The serial number must be placed in a manner otherwise in accordance with 478.92, including the requirements that the serial number be at the minimum size and depth, and not susceptible of being readily obliterated, altered, or removed.
Yes. A PMF acquired by a licensee, for any purpose, that is returned to a person other than the person from whom it was received requires the licensee to mark the PMF appropriately (if not already marked pursuant to 478.92(a)(2)), record the PMF as an acquisition and disposition in their A&D record, record the transaction on an ATF Form 4473, and conduct a NICS background check before transferring the firearm.
A licensee is not required to mark a PMF received for same day adjustment or repair that the licensee returns – on the same day as it was received – to the person from whom it was received. Furthermore, a licensee is not required to record an A&D entry, nor execute an ATF Form 4473, nor run a NICS background check when such firearm received under these conditions is returned to the customer from who received.
No. Marking serial numbers on PMFs is a “customization” and a licensee’s return of a firearm, received solely for repair or customization, to the person from whom it was received does not require an ATF Form 4473 pursuant to 478.124(a) nor a NICS background check. However, licensees must record the acquisition and disposition of the PMF in the licensee’s A&D record.
Federal Firearms Licensees (FFLs) must record “Privately Made Firearm” or “PMF” as the manufacturer in the A&D record and ATF Form 4473. If an FFL is remanufacturing a PMF, see question 33 for marking requirements.
A PMF is a firearm, including a frame or receiver, completed, assembled, or otherwise produced by a person other than a licensed manufacturer, and without a serial number 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 manufactured or made before October 22, 1968 (unless remanufactured after that date).
The timeframe is dependent on the activity conducted:
Licensed manufacturers must mark non-NFA firearms it manufactures not later than the seventh day following the date the entire manufacturing process has ended for the weapon, or prior to disposition, whichever is sooner. See 478.92(a)(1)(vi)(A).
Licensed importers must mark imported firearms within 15 days of the date of release from Customs custody. Pursuant to §478.92, licensed importers must place all required identification data on each imported firearm if same did not bear such identification data at the time of its release from Customs custody. See 478.112(d)(2).
Licensees must mark privately made firearms (PMFs) acquired into inventory not later than seven (7) days of receipt or acquisition, or before date of disposition, whichever is sooner. 27 CFR 478.92(a)(2).
Licensed manufacturers must mark NFA firearms not later than close of the next business day following the date the entire manufacturing process has ended for the weapon or device, or prior to disposition, whichever is sooner. See 478.92(a)(1)(vi)(B).
Licenses are not transferrable. A new ATF Form 7 must be submitted to obtain a different license type or a new license. However, fingerprint cards and photographs are not required for any Responsible Person (RP) listed on the previous license.
Please contact ATF’s Federal Firearms Licensing Center (FFLC) if you have questions about this matter at (866) 662-2750 or FFLC@atf.gov.
Yes. Amended regulations 478.129(b), (d) and (e) require ALL licensees to retain ALL required records until the license is discontinued. Forms 4473 must be kept on paper or in an approved electronic format at the licensed business premises and accessible for inspection. A warehouse may be used to store paper records older than 20 years of age. That warehouse would be subject to inspection and cannot be used to conduct other firearms business activities without obtaining a separate license.
Licensees can no longer send their records older than 20 years to the Out of Business Records Center, National Tracing Center. They can only submit their records upon discontinuance of business under the license.
Yes. Pursuant to 27 CFR 478.129(b), as amended, all ATF Forms 4473, to include those where a sale, delivery, or transfer did not take place, must be retained until business or licensed activity is discontinued.
