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AP Photo/Jae C. Hong, File Two weeks after the Bureau of Alcohol, Firearms, Tobacco, and Explosives sent out a press release touting its proposed rule to dramatically expand the definition of what constitutes a firearm under federal law, the proposal has officially been published in the Federal Register . That means the 90 day public comment period is now open, and gun owners (along with their anti-gun counterparts) can weigh in on the proposed changes until August 19th.
The ATF’s summary of the proposed rule gives some indication of its scope and sweep: The Department of Justice (“Department”) proposes amending Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) regulations to provide new regulatory definitions of “firearm frame or receiver” and “frame or receiver” because the current regulations fail to capture the full meaning of those terms. The Department also proposes amending ATF’s definitions of “firearm” and “gunsmith” to clarify the meaning of those terms, and to provide definitions of terms such as “complete weapon,” “complete muffler or silencer device,” “privately made firearm,” and “readily” for purposes of clarity given advancements in firearms technology. Further, the Department proposes amendments to ATF’s regulations on marking and recordkeeping that are necessary to implement these new or amended definitions. These aren’t minor technical changes, and the ATF’s attempted justification to redefine the terms “frame or receiver” illustrates why the agency never attempted to do make these changes before now. As the ATF says in the proposed rule published today: Although the new definition would more broadly define the term “frame or receiver” than the current definition, it is not intended to alter any prior determinations by ATF of what it considers the frame or receiver of a particular split/modular weapon. ATF would also continue to consider the same factors when classifying firearms. In other words, the ATF wants to expand the definition of a frame or receiver, it also doesn’t want to go back on 50 years worth of prior determinations. In essence, the agency wants to have it both ways; requiring manufacturers to rely on both the new proposed definitions as well as […]
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