ATF Proposed Rule Changes Laws on 80% Lowers, Silencers, and Makes AR Uppers Serialized Firearms
May 8, 2021
On Friday, the ATF put forth the proposed rule 2021R-05 which, among other things, would apply FFL rules to individuals as well as classify AR upper receivers as firearms. This rule change is an attempt by the ATF to stop 80 percent receiver sales, privately made firearms, and silencers.
According to the Department of Justice: The proposed rule would modernize the definition of “frame or receiver” and help close a regulatory loophole associated with the un-serialized privately made firearms that are increasingly being recovered at crime scenes across the country. These unmarked firearms, known as “ghost guns,” are often assembled from kits that are sold without background checks, making them easily acquired by criminals who otherwise would not be permitted to possess a firearm.
There is a lot to unpack with this new proposed rule, but we urge people to oppose this rule change and make their voices heard by submitting a comment.
From the ATF:
ATF’s proposed rule, Definition of “Frame or Receiver” and Identification of Firearms, would:
- Provide new definitions of “firearm frame or receiver” and “frame or receiver”
- Amend the definition of:
- “firearm” to clarify when a firearm parts kit is considered a “firearm,” and
- “gunsmith” to clarify the meaning of that term and to explain that gunsmiths may be licensed solely to mark firearms for unlicensed persons.
- Provide definitions for:
- “complete weapon,”
- “complete muffler or silencer device,”
- “privately made firearm (PMF),” and
- “readily” for purposes of clarity given advancements in firearms technology.
- Provide a definition of “importer’s or manufacturer’s serial number”
- Provide a deadline for marking firearms manufactured.
- Clarify marking requirements for firearm mufflers and silencers.
- Amend the format for records of manufacture/acquisition and disposition by manufacturers and importers.
- Amend the time period records must be retained at the licensed premises.
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.
In a nutshell, it means that AR-15 uppers would be considered firearms, as well as complete Glock slide assemblies. Under the rule slides, uppers, and other housing would be considered firearms and would require serial numbers. However, modular firearms such as AR-15 variants, if sold as complete firearms, would not be considered two separate firearms. For example: if you bought a lower and upper separate then they would have two different serials and be considered two firearms.
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]”).
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”.
Basically, the ATF is going to determine what is considered a firearm and what isn’t. Expect 80 percent lowers to be considered firearms since they are currently under scrutiny.
Marking and Recordkeeping Requirements for Privately Made Firearms
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.
FFL’s would have to perform these actions under the new rule.
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.
Silencer Changes
There is a lot of information in the proposed rule governing what silencer manufacturers and makers must do with the marking of silencer parts. It is currently unclear whether all these rules apply to home-built silencers.
However what does affect Form 1 silencer builds is:
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.
Again it is very unclear but under this ruling having a “solvent trap” kit would be considered a silencer.
Analysis
This somewhat vague proposed rule seeks to regulate firearm kits, 80 percent builds, and AR-15 uppers. With privately made firearms being a hot topic in politics it is no surprise that the ATF is responding in this fashion.
However, the ATF has put forth several proposed rules over the years that never came to be because there was a large public outcry. We urge everyone to make their voices heard by contacting the ATF and their senators.
Contact the ATF and tell them you oppose 2021R-05
Jeremy Mallette is co-founder of International Sportsman. An avid hunter and outdoorsman, he has spent more than a decade in the outdoor industry, from hiking and camping to silencers and hunting. His father taught him to shoot at age six, and he received his first firearm at age eight — a 1942 Colt Commando .38 special revolver. He enjoys yearly trips to Kansas for pheasant hunting, spending time with his children at the deer lease, and collecting unique firearms.