Definition of “Frame or Receiver” and Identification of Firearms

For those who aren’t aware, there has been an ongoing problem with ARs and the definition of a firearm. Since the first AR, the serialized lower receiver has been defined as the firearm, however the lower doesn’t fit the definition of a firearm. This means the whole time the ATF has been improperly following their own rules. As a result, many of those who assembled ARs or made and sold lowers and were taken to court won their battles due to the ATF’s own screwup. Due to problems with definitions, i.e. bumpfire stocks, etc., the ATF has been asked to rethink the whole thing and basically start over. They are in the process of doing that and you have been invited to respond to the potential new rules.

On May 7, 2021, the Attorney General signed ATF proposed rule 2021R-05, Definition of “Frame or Receiver” and Identification of Firearms. The goal of the proposed rule is to ensure the proper marking, recordkeeping, and traceability of all firearms manufactured, imported, acquired and disposed by federal firearms licensees.

Please note that this is the text of the proposed rule as signed by the Attorney General, but the official version of the proposed rule will be as it is published in the Federal Register.

DOWNLOAD THE NEW PROPOSED RULES

This proposed rule 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.