BATF Publishes New Proposed Firearm Definitions. Now Open For Public Comment

By Mike Keleher

Well the BATF document looking to re-define and ban new 80% firearm frame sales which was leaked two weeks ago, has been formally published- a few days early. Hmmm. Wonder if the leak had anything to do with that?

In official Washington speak, BATF posted on their website atf.gov: “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.”

The document, which can be seen in it’s entirety at https://www.atf.gov/rules-and-regulations/definition-frame-or-receiver?_ga=2.233865694.1929241642.1620063936-1538852975.1614358108 or in the Federal Register, proposes making new definitions about how firearm uppers and lowers need to be serial number marked along with “gun mufflers” and “silencer devices. ” The biggest target is manufacture and sale of 80% complete polymer pistol frames and polymer or metal 80% AR lowers for sale to the Do-It-Yourself gun building public-and stamp out “Ghost Guns” which must be terrible things.

The administration wants to claim all such items are in fact in and of themselves “Firearms” or “Readily Finished Almost But Not Quite Firearms and That is Good Enough for Us and Must Follow all Firearms Rules- even if they are just parts.”

If the regulations are put into effec,t all future 80% frames must be serialized like all fully completed firearms, paperwork tracked like completed firearms, sold by FFLs, and purchasers must pass a background before they can make a purchase such a frame- just like a complete firearm.

All previously manufactured and/or sold 80% frames or lowers will still be legal to own. Only new manufactured items will be subject to the more stringent laws. It is a blatant example of the Biden administration attacking the gun industry. Good Old “Where Am I” Joe has the next bullet in his magazine already loaded- to allow civil law suits against manufacturers when their products are misused. Yes it is akin to allowing GM to be sued if a drunk driver crashes the car and hurts someone.

BATF is required to put the proposed regulation up for public comment for 90 days, and did so earlier this year in an attempt to re-define wrist brace devices. In that case the public comments were so voluminous and scathing BATF took the proposed changes down after only a couple of weeks.

Hopefully similar public rejection will follow this publication. You can submit your public opinion via mail, fax or email comment. All such comments MUST mention the proposed regulation “ATF 2021R-05” by name.

Mail
Written comments must appear in minimum 12-point font size (.17 inches), with first and last name and full mailing address, be signed, and may be of any length.

Send written comments to:

ATTN: ATF 2021R-05
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

Faxed comments must:
Be legible and appear in minimum 12 point font size (.17 inches); Be 8 ½” x 11” paper;
Be signed and contain the commenter’s complete first and last name and full mailing address; and
Be no more than five pages long.
Submit comments by facsimile transmission to (202) 648-9741.

Email comments can be provided via: https://www.regulations.gov/ You have to reference the regulation number ATF 2021R-05.