Final Rule - 2021R-05F
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.
No.
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.
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).
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.
The term “firearm” is defined in 27 CFR 478.11 to 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, and would not include a weapon parts kit, in which the frame or receiver of such weapon is destroyed.
Licensees may voluntarily request a determination whether a weapons parts kit is a regulated firearm by contacting ATF’s Firearms and Ammunition Technology Division (FATD).
A weapon parts kits that is determined to be a firearm shall be recorded as a “firearm” in the licensees’ A&D records and on ATF Form 4473.
Any person manufacturing firearms for the purpose of sale and distribution must be licensed as a manufacturer. Cerakoting is considered a manufacturing activity.
The final rule amends 478.92(a)(4)(iii)(A) and states in part that “Licensed manufacturers may adopt the serial number and other identifying markings previously placed on a firearm by another licensed manufacturer provided the firearm has not been sold, shipped, or otherwise disposed of to a person other than a licensee, and the serial number adopted is not duplicated on any other firearm.”
If assembling firearms from a new frames or receivers, the licensed manufacturer must mark the caliber or gauge, if any, on the firearms and, if a model is assigned, mark the model on the firearms.
No. Records are never to be consolidated between distinct FFLs. Prior to the final rule’s effective date of August 24, 2022, licensed importers were required to maintain separate records of sale or other dispositions made of firearms to non-licensees pursuant to 478.122, and licensed manufacturers were required to maintain separate records of sales or other dispositions made of firearms to non-licensees pursuant to 478.123. Also prior to the final rule, licensed importers were permitted to consolidate their records pursuant to Ruling 2011-1, and licensed manufacturers were permitted to consolidate their records pursuant to Ruling 2016-3.
The final rule codified Ruling 2011-1 and Ruling 2016-3. However, unlike the optional rulings, the final rule amended the regulations requiring licensed importers to consolidate their records of acquisition and disposition into a single record, and licensed manufacturers to consolidate their records of acquisition and disposition into a single record.
“Remanufacturing” occurs when a new and different firearm is produced from an existing firearm (i.e., frames or receivers or complete weapons) by completing, assembling, applying coatings, or otherwise making them suitable for use. Remanufacturing cannot occur if a firearm has never entered into commerce. An example is when a licensee purchases a used firearm from another licensee or a non-licensee, then performs a manufacturing process, such as cerakoting for the purposes of sales and distribution.
No. The AR-15 platform has been specifically addressed in the final rule and the lower receiver will remain the regulated receiver requiring the appropriate markings. Pursuant to the final rule, 27 CFR 478.12(f)(1)(i) “[t]he receiver is the lower part of the weapon that provides housing for the trigger mechanism and hammer (i.e., lower receiver).” for the AR–15/M–16 variant firearms.
Yes, the final rule states:
“Frames or receivers designed before August 24, 2022. Licensed manufacturers and licensed importers may continue to identify the same component of a firearm (other than a PMF) defined as a frame or receiver as it existed before August 24, 2022 with the same information required to be marked by paragraphs (a)(1)(i) and (a)(1)(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. Any frame or receiver with a new design manufactured after August 24, 2022 must be marked with the identifying information and within the period prescribed by this section. For purposes of this paragraph, the term “new design” means that the design of the existing frame or receiver has been functionally modified or altered, as distinguished from performing a cosmetic process that adds to or changes the decoration of the frame or receiver ( e.g., painting or engraving), or by adding or replacing stocks, barrels, or accessories to the frame or receiver.”
If a licensed manufacturer or importer is unsure if a new firearm design is considered “the same component of a firearm” as existed before August 24, 2022, then the licensee should request a determination by ATF’s Firearms Ammunition Technology Division (FATD).
27 CFR 478.92(a)(1)(i), as amended, states that manufacturers and importers must legibly identify each firearm they manufacture or import by placing on the frame or receiver the serial number and either name, city and State or name and abbreviated federal firearms licensee (FFL) number (i.e. first three and last five digits) as a prefix, followed by a hyphen and the unique identification number assigned to the firearm.
478.92(a)(2), as amended, states that privately made firearms (PMFs) not previously identified by another licensee must be identified by the licensee receiving or acquiring the PMF by placing, or causing to be placed under the licensee’s direct supervision, an individual serial number on the frame or receiver that must begin with the licensee’s abbreviated Federal firearms license number, which is the first three and last five digits, as a prefix to a unique identification number, followed by a hyphen, and the unique identification number.
478.92(a)(4)(iii)(B), as amended, allows licensed manufacturers and importers to adopt the serial number or other identifying markings previously placed on an imported or remanufactured firearm sold, shipped, or otherwise disposed of to a non-licensee that otherwise meets the requirements of 478.92; however, the licensee must place, or cause to be placed, on the 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, individually (i.e., not as a prefix to the serial number adopted) after the letters ‘‘FFL’’, in the following format: ‘‘FFL12345678’’.
478.92(a)(4)(i), as amended, provides an exception for the above marking requirements described as “Alternate means of identification” and states:
“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.”
No. Firearm muffler or silencer parts transferred between qualified manufacturers for further manufacture or to complete new devices, and firearm muffler or silencer replacement parts transferred to qualified manufacturers or dealers to repair existing devices, need not be marked at the time of transfer. Any new device completed with such a part must be registered by the manufacturer. See 478.12(b). A subpart of a firearm muffler or silencer that is not a component part of a complete weapon at the time sold must be identified by an individual serial number. See 478.92(a)(1)(iv).
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).
The final rule clarifies that licensed dealers (including gunsmiths), manufacturers, and importers may conduct same day adjustments or repairs to firearms without recording them as acquisitions or dispositions, provided they are returned to the person from whom they were received on the same day. A licensed gunsmith may attach a scope (including drilling, if required) on a non-licensee customer’s firearm (not for sale or distribution) and is not required to be licensed as a manufacturer. This activity would be considered an adjustment, and if returned to the person from whom received on the same day, no entry into the acquisition and disposition record would be required. The mounting of a scope would also be considered a “customization” of the firearm, accordingly, no ATF Form 4473 is required to be completed, provided the licensee returns the firearm to the person from whom it was received. However, the firearm must be logged in the licensee’s A&D record if it is kept overnight.
No, unless remanufactured after the enactment of the GCA, October 22, 1968.
If more than one part of a silencer attaches to the barrel, each part must be marked. However, if there are multiple segmented parts, only the parts that can be attached directly to the barrel must be marked. 478.12(b) states in the case of a firearm muffler or firearm silencer, the part of the firearm, such as an outer tube or modular piece, that provides housing or a structure for the primary internal component designed to reduce the sound of a projectile (i.e., baffles, baffling material, expansion chamber, or equivalent). In the case of a modular firearm muffler or firearm silencer device with more than one such part, the terms shall mean the principal housing attached to the weapon that expels a projectile, even if an adapter or other attachments are required to connect the part to the weapon. The terms shall not include a removable end cap of an outer tube or modular piece.
Yes. Amended regulations at 478.92(a)(1)(v) allow manufacturers and importers to mark the component of a firearm (other than a privately made firearm (PMF)) defined as a frame or receiver prior to August 24, 2022, in the same manner as before the effective date of the final rule. The final rule makes clear that almost all firearms ATF previously classified as falling within the definition of ‘‘frame or receiver’’ prior to issuance of the final rule are grandfathered and may continue to be marked in the same manner as before the effective date of the final rule. The only exceptions are certain ATF classifications of partially complete, disassembled, or nonfunctional frames or receivers.
Licensed manufacturers and importers must mark firearms they manufacture or import pursuant to 478.92(a)(1). However, there are exceptions allowing licensed importers and manufacturers to adopt existing markings previously placed on firearms under specified circumstances.
Pursuant to 478.92(a)(4)(iii)(A), licensed manufacturers may adopt the serial number and other identifying markings previously placed on a firearm by another licensed manufacturer provided the firearm has not been sold, shipped, or otherwise disposed of to a person other than a licensee, and the serial number adopted is not duplicated on any other firearm.
Pursuant to 478.92(a)(4)(iii)(B), licensed manufacturers and licensed importers may adopt the serial number or other identifying markings previously placed on a firearm that otherwise meets the requirements of this section that has been sold, shipped, or otherwise disposed of to a person other than a licensee provided that, within the period and in the manner herein prescribed, the licensee legibly and conspicuously places, or causes to be placed, on the 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, individually (i.e., not as a prefix to the serial number adopted) after the letters ‘‘FFL’’, in the following format: ‘‘FFL12345678’’. The serial number adopted must not duplicate any serial number adopted or placed on any other firearm, except that if a licensed importer receives two or more firearms with the same foreign manufacturer’s serial number, the importer may adopt the serial number by adding letters or numbers to that serial number and may include a hyphen.
Although licensees may adopt markings pursuant to the noted regulations, licensee must ensure ALL marking requirements are met under 478.92(a)(1). For instance, a licensed manufacturer that assembles newly manufactured receivers acquired from another licensee, must also mark the caliber (if not already marked) and model (if not already marked and the licensee assigns a model) of the completed firearm.
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.
27 CFR 478.12(a)(c) states:
The terms ‘‘frame’’ and ‘‘receiver’’ 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 terms 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.
All situations are unique, and a determination can only be made based on an analysis of the facts specific to the individual scenario. Licensees may contact ATF’s Firearms and Ammunition Technology Division (FATD) at fire_tech@atf.gov if they require a determination whether the items in question are regulated under federal law and regulation.
Yes. The final rule amended the definition “engaged in the business” as it relates to a ‘‘gunsmith’’ in 478.11 to mean, in part a person who, as a service performed on existing firearms not for sale or distribution, devotes time, attention, and labor to repairing or customizing firearms, making or fitting special barrels, stocks, or trigger mechanisms to firearms, or placing marks of identification on privately made firearms in accordance with this part, as a regular course of trade or business with the principal objective of livelihood and profit but shall not include a person who manufactures firearms (i.e., frames or receivers or complete weapons) by completion, assembly, or applying coatings, or otherwise making them suitable for use, requiring a license as a manufacturer.
Fireworks
A vehicle does not fall under the definition of the term “inhabited building,” as defined in 27 CFR § 555.11 and further clarified in ATF Ruling 2005-3. However, the hotel would be considered an inhabited building when determining distances needed to comply with table of distance requirements at 27 CFR § 555.224. Further, you are required to comply with any State and local requirements regarding storage of explosive materials.
The transfer of display fireworks generally constitutes a distribution as defined in 27 CFR § 555.11. Therefore, you are permitted to receive display fireworks from the municipality but must maintain a record of the acquisition pursuant to 27 CFR, Part 555, Subpart G – Records and Reports. Additionally, you must maintain a daily summary of magazine transactions pursuant to 27 CFR § 555.127 for all explosives stored in your magazines.
Pursuant to 27 CFR § 555.141(a)(3), Federal explosives regulations generally do not apply to the “transportation, shipment, receipt, or importation of explosive materials for delivery to any agency of the United States or to any State or its political subdivision.” Although the city is required to properly store explosives, it is exempt from the Federal licensing requirements at 27 CFR, Part 555, and can receive display fireworks without possessing a Federal explosives license or permit. Therefore, you can return the display fireworks to the city prior to the show so long as you enter this disposition in your permanent records as required under 27 CFR, Part 555, Subpart G.
Although you may lawfully receive and store the display fireworks, your return or distribution of explosive materials to a person who does not hold a federal license or permit would violate Federal law, 18 U.S.C. § 842(b).
