The new proposed "Firearm" definition is out.
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I'm failing to see how this is legally permissible. The ATF has no legal authority to make "law"...only Congress can make or change a "law". The proposed "Rule" changes the definitions set by the Gun Control Act of 1968 and NFA of 1986...bypassing our Constitutional Legislature....only Congress can change these laws.
And before anyone says the words "Chevron Deference", that only applies when a law is written with ambiguity, allowing the federal agency to read between the lines ...the GCA/NFA include very specific definitions of what constitutes a "firearm", "suppressor/silencer", etc. This new proposed ATF "Rule" completely ignores our Constitutional procedure.
And before anyone says the words "Chevron Deference", that only applies when a law is written with ambiguity, allowing the federal agency to read between the lines ...the GCA/NFA include very specific definitions of what constitutes a "firearm", "suppressor/silencer", etc. This new proposed ATF "Rule" completely ignores our Constitutional procedure.
QuietM4 said:
They're playing a game. They are not writing law just giving a better definition to words.
Kinda of like redefining "dog" as a farm animal so it falls under FDA regulations.
Just a bunch of crap and no I don't need to read all 115 page to figure that out.
Here's the official release from ATF:
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.
This proposed rule would among others, provide new or amend previous definitions of terms related to or about “firearm frame or receivers” and “frame or receivers.” For more details on these definitions, please visit our website at: https://www.atf.gov/rules-and-regulations/definition-frame-or-receiver.
What Can You Do
ATF requests comments on the proposed rule, Definition of “Frame or Receiver” and Identification of Firearms, from all interested persons.
ATF specifically requests comments on the feasibility of implementing the new definition of firearm “frame or receiver” in 27 CFR 478.11 and 27 CFR 479.11, and related definitions and amendments that ensure the proper marking, recordkeeping, and traceability of all firearms manufactured, imported, acquired and disposed by federal firearms licensees.
ATF also requests comments on the costs or benefits of the proposed rule and on the appropriate methodology and data for calculating those costs and benefits.
For more information on how to submit your comments visit our website at: https://www.atf.gov/rules-and-regulations/definition-frame-or-receiver/submit-comment.
Read More Information on the New Rule
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.
This proposed rule would among others, provide new or amend previous definitions of terms related to or about “firearm frame or receivers” and “frame or receivers.” For more details on these definitions, please visit our website at: https://www.atf.gov/rules-and-regulations/definition-frame-or-receiver.
What Can You Do
ATF requests comments on the proposed rule, Definition of “Frame or Receiver” and Identification of Firearms, from all interested persons.
ATF specifically requests comments on the feasibility of implementing the new definition of firearm “frame or receiver” in 27 CFR 478.11 and 27 CFR 479.11, and related definitions and amendments that ensure the proper marking, recordkeeping, and traceability of all firearms manufactured, imported, acquired and disposed by federal firearms licensees.
ATF also requests comments on the costs or benefits of the proposed rule and on the appropriate methodology and data for calculating those costs and benefits.
For more information on how to submit your comments visit our website at: https://www.atf.gov/rules-and-regulations/definition-frame-or-receiver/submit-comment.
Read More Information on the New Rule
I'm convinced that they are posting this as a 'brainstorming session' for them as it appears there are a lot of aspects they haven't considered yet.
The biggest hit is that it would consider "uppers" to be a receiver now (to include handgun slides) and require serial numbers so that an AR upper or a Glock slide, for example, would need to be treated/transferred/bought the same way a lower is purchased today.
But the questions around that are interesting and I'm not convinced they have thought it through. Glock already puts serial numbers on their slides and barrels that match the frame. If this rule were to go through, that means that AR uppers would have serial numbers on them as well as the lowers - would they be the same serial number on them (like Glock does), which would mean that if you split them up and sold off just the upper, you now have two "firearms" with the same serial number (one lower and one upper). Or would the upper and lower be different serial numbers, which would mean that you now have a single firearm with two different serial numbers. What about if you live in a place that limits the amount of "firearms" you can purchase (some states do) - would an AR or Glock count as one firearm, or two? If you hit the monthly limit, could you only buy half the gun and have to wait to buy the other half later?
What a cluster...
The biggest hit is that it would consider "uppers" to be a receiver now (to include handgun slides) and require serial numbers so that an AR upper or a Glock slide, for example, would need to be treated/transferred/bought the same way a lower is purchased today.
But the questions around that are interesting and I'm not convinced they have thought it through. Glock already puts serial numbers on their slides and barrels that match the frame. If this rule were to go through, that means that AR uppers would have serial numbers on them as well as the lowers - would they be the same serial number on them (like Glock does), which would mean that if you split them up and sold off just the upper, you now have two "firearms" with the same serial number (one lower and one upper). Or would the upper and lower be different serial numbers, which would mean that you now have a single firearm with two different serial numbers. What about if you live in a place that limits the amount of "firearms" you can purchase (some states do) - would an AR or Glock count as one firearm, or two? If you hit the monthly limit, could you only buy half the gun and have to wait to buy the other half later?
What a cluster...
The biggest hit is that they are covering their respective asses because an AR15 lower does not fall under the codified definition of a firearm since it is not threaded to accept a barrel.
And like all government efforts, they are attempting to lock down every conceivable components to insure they don't have egg of their face again.
And like all government efforts, they are attempting to lock down every conceivable components to insure they don't have egg of their face again.
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