Comments on ATF’s New “Frame or Receiver” Rule Now Open

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On May 21, ATF published a new proposed rule in the Federal Register entitled Definition of “Frame or Receiver” and Identification of Firearms. IMG NRA-ILA

U.S.A. -(AmmoLand.com)- On May 21, ATF published a new proposed rule in the Federal Register entitled Definition of “Frame or Receiver” and Identification of Firearms. That publication triggered the opening of the proposed rule to public comments. The comment period will remain open until August 19, 2021.

While the Justice Department has focused on the impact that this new rule would have on privately made firearms, and the proposed rule would destroy that unique aspect of American freedom, the proposal goes well beyond privately made firearms.

The proposed rule would create new definitions for the terms “firearm frame or receiver,” “frame or receiver,” “firearm,” “gunsmith,” “complete weapon,” “complete muffler or silencer device,” “privately made firearm,” and “readily.” The new definitions make it possible for firearms to have more than one “frame or receiver.” A conclusion that is both at odds with the controlling federal statute and could disrupt the entire industry.

In addition to these changes, ATF is seeking to create an entirely new process for licensed firearm dealers to apply serial numbers to unserialized firearms that come into their possession and to require the indefinite storage of firearm records by licensees. That requirement likewise has no basis in federal statutes.

In effect, the rule would mean that many manufacturers would need to get pre-approval from ATF for new firearm designs.

Due to the discretionary scheme created by the rule, the ATF Director would be given an incredible amount of power over the firearm industry. This comes at a time when President Biden has nominated anti-gun lobbyist and gun ban proponent David Chipman to head the ATF. This draft rule is just one more reason why it’s extremely important for all gun owners to contact their Senators and ask that they vote against Chipman’s confirmation.

NRA-ILA will provide more detailed explanations of the many problems with this proposed in the coming weeks as well as filing comments on this terrible rule on behalf of all NRA members.  If you wish to comment in the meantime, please keep the following in mind.

These are ATF’s instructions for submitting comments:

You may submit comments, identified by docket number ATF 2021R-05, by any of the following methods—

    • Federal eRulemaking Portal: www.regulations.gov. Follow the instructions for submitting comments.
    • Mail: Andrew Lange, Office of Regulatory Affairs, Enforcement Programs and Services, Bureau of Alcohol, Tobacco, Firearms, and Explosives, 99 New York Ave. NE, Mail Stop 6N-518, Washington, DC 20226; ATTN: ATF 2021R-05.
    • Fax: (202) 648-9741.

Instructions: All submissions received must include the agency name and docket number (ATF 2021R-05) for this notice of proposed rulemaking (“NPRM” or “proposed rule”). All properly completed comments received will be posted without change to the Federal eRulemaking portal, www.regulations.gov, including any personal information provided.

ATF also provided the following contact information for any questions regarding the proposed rule:

Andrew Lange, Office of Regulatory Affairs, Enforcement Programs and Services, Bureau of Alcohol, Tobacco, Firearms, and Explosives, U.S. Department of Justice, 99 New York Ave. NE, Mail Stop 6N-518, Washington, DC 20226; telephone: (202) 648-7070 (this is not a toll-free number).

In addition to these technical requirements, it’s important to keep the following in mind when submitting comments.

    • Comments must be professional and respectful. While it is extremely frustrating, to say the least, that the Biden Administration is attempting to blame law-abiding gun owners for the actions of criminals, making comments that include profanity will make it easy for ATF to summarily reject those comments.
    • Comments should focus on the arbitrary nature of the proposed rule. The fact that it is essentially impossible to determine when a piece of metal or plastic becomes a firearm under the proposed rule and leaves such an important determination to administrative fiat makes the proposed rule incompatible with American principles of due process of law.
    • Comments should be individualized and focus on how the proposed rule would impact the commenter. ATF will treat all identical comments as a single comment, so it is important to avoid using a form comment.

Comments can be submitted directly through regulation.gov. Please check back to www.nraila.org soon for more information on this burdensome, arbitrary, and unconstitutional proposed rule.


About NRA-ILA:

Established in 1975, the Institute for Legislative Action (ILA) is the “lobbying” arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess, and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution. Visit: www.nra.org

National Rifle Association Institute For Legislative Action (NRA-ILA)

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ALL GUN LAWS ARE INFRINGEMENTS
ALL GUN LAWS ARE INFRINGEMENTS
18 days ago

The ATF has stated ser# don’t help them track guns!

ALL GUN LAWS ARE INFRINGEMENTS
ALL GUN LAWS ARE INFRINGEMENTS
18 days ago

Everyday i am appalled by the 99.9% of peeps who DO NOT UNDERSTAND RIGHTS…& the Bill of Rights!

HLB
HLB
19 days ago

This comment regards the proposed rulemaking by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice, associated with Docket number ATF 2021R-05. 1) The Constitution of the United States of America has been ratified by the several States. 2) This Constitution limits and defines the acts of the Federal Government. 3) The section of this Constitution known as the Bill of Rights carries force above legislative law making. 4) The 2nd Amendment of this Bill of Rights says the right to keep and bear arms shall not be infringed. 5) Any attempt to define the nature of an arm in this context for… Read more »

Not A. Potato
Not A. Potato
20 days ago

The definition of receiver is written in plain English in the GCA of 1968. If they don’t like it, they need to ask Congress to change it.

If they get away with redefining a word in a way contrary to whats written in the law this time, just imagine what they will do next.

APG member
APG member
20 days ago

So now a bunch of anti gun bureaucrats and politicians will attempt to legislate their version of morality surronding an inanimate object. Technically preposterous in a free society; ultimately their “definition” will be so vague as to allow the prosecution of anyone they choose…

DDS
DDS
20 days ago
Reply to  APG member

I think you could make the case that we’ve been there for a while already. At least one judge thought so back in 1985.

https://qz.com/303017/the-bizarre-tale-of-the-indict-a-ham-sandwich-judge-who-became-a-felon/

DDS
DDS
20 days ago

“And your father’s still perfecting ways of making sealing wax” — “Nineteenth Nervous Breakdown” by The Rolling Stones As Cody Wilson and a seeming “host of thousands” have demonstrated, the days when ATF could prowl a few dozen gun manufacturers who could afford to have a huge building full of Bridgeport mills and have a shot at making sure every firearm made in the USA was properly serially numbered are over. The technology of making CNC controlled machines that perform additive or subtractive steps to manufacture solid objects, such as firearm parts, is well into the public domain and well… Read more »

Last edited 20 days ago by DDS
Arny
Arny
18 days ago
Reply to  DDS

There are already serialized guns not on their radar. And like it’s hard to make the numbers disappear. So does it even matter if it has these magical numbers ? lmao

Last edited 18 days ago by Arny
JimmyS
JimmyS
20 days ago

Again, I see that the NRA remains utterly silent about the obvious: It isn’t just that there are no foundations within federal statutes for these regulations; there are no foundations within the Constitution for ANY GUN LAW, REGULATION, OR EVEN ANY RECOMMENDATION. You scumbags have been peddling lies and fear, while stabbing actual 2nd Amendment enthusiasts in the back, for over a century. You are just as bad as any treasonous government tyrant who also pretends the prohibition on arms laws doesn’t exist. I, for one, am glad you are failing as an organization. All you ever had to do… Read more »