Leak: ATF documents on 80% of the parts


The rights of the American people are apparently under review, as President Biden informed the country just a few weeks ago. Between braces, 80% coins and red flag laws, deadlines have been set to urge the government to make clear statements about how it will treat these items in the future. Better said, how they will regulate the rights of the people. The ATF, or AFT whichever you ask, has worked hard and records of their decisions have hardly been kept behind closed doors. File n ° ATF 2021R-05 is in nature and it sets its sights on gun parts.

In its current form, the 107-page document aims to reconsider what the ATF considers a gun, a gunsmith, and what it means for a gun to be “complete.” Attached to the expected verbiage about reclassifying inanimate objects as something too dangerous for others, the document includes a proposal to change the way ATF tracks your data or things you might want to own.

Screenshot of the summary paragraph of File n ° ATF 2021R-05.

Beginning with the definitions, the proposed changes expand what the ATF considers a firearm and thereby extend the scope of their application. The wording of the document asserts that current definitions were written 50 years ago, at a time when revolvers were more popular, and that dual receiver handguns, as in well-used semi-automatics, were new to the scene. I guess the 1911s haven’t been around for over 100 years. Something, something Two world wars.

Clearly referring to privately manufactured firearms as ‘ghost weapons’, ATF 2021-05 indicates that 23,906 of them have been reported since 2016, as part of a felony. Since privately manufactured firearms do not have a serial number, they are said to be more difficult to track. At the same time, without serial numbers, it is difficult for the government to know which unit has gone missing from the weapons room.

File n ° ATF 2021R-05
The proposed new definition of what will be considered a firearm.

The article in question would be 80% of receivers, and more specifically, when a single package can be ordered with all the parts needed to complete a gun. The new proposal would require those who sell 80% kits to treat them like guns and go through the process of operating under an FFL. Manufacturers of these parts kits will also need to be licensed as manufacturers of firearms. In order to purchase a parts kit, the buyer will need to submit to a 4473.

The act of defining a framework or a receiver comes up against the difficult nature of the violation of rights. The whim comes to the surface when the pivotal factor of whether or not a product is considered a firearm component has to do with whether or not the ATF thinks it looks like a firearm:

File n ° ATF 2021R-05

It follows that the Firearms Control Act did not previously clarify when an object officially becomes a receiver or a firearm.

While the GCA and implementing regulations define a “firearm” to include “frame or receiver,” neither specifies when a frame or receiver is created. The crucial investigation is therefore the point at which a piece of metal, plastic or other unregulated material becomes a regulated item under federal law.

File n ° ATF 2021R-05, Page 30, APR 2021.

Another term requiring a more detailed definition is easily, regarding the ease with which a piece of material can be converted into a working firearm. The factors taken into account are:

(a) time, that is, the time it takes to complete the process;
(b) ease, ie how difficult it is to do it;
(c) expertise, ie the knowledge and skills required;
(d) the equipment, ie the necessary tools;
(e) availability, ie whether additional parts are needed and how easily they can be obtained;
(f) expenses, ie how much it costs;
(g) scope, ie the extent to which the purpose of the process must be changed to complete it; and
(h) feasibility, i.e. whether the process would damage or destroy the object of the process, or cause it to malfunction.

File n ° ATF 2021R-05, pages 32-33, APR 2021.

The new proposal would require that the person who makes a firearm engrave a serial number within 7 days of completion. Manufacturers who sell kits that can be easily converted into operational firearms will have to acquire their FFL to continue their activities.

The letter openly states that it recognizes that some companies will be affected by this determination, but that the industry as a whole will be less affected.

The document is expected to be released to the public in two weeks, in early May, and will be followed by a 90-day period for public comment. As with similar situations with the ATF, comments sent to the ATF should follow the guidelines they provide as follows:

  • Federal eRulemaking portal: ATF recommends that you submit your comments to ATF through the Federal eRulemaking portal at www.regulations.gov and follow the instructions. Comments will be posted a few days after submission. However, if large volumes of comments are processed simultaneously, your comment may not be visible for several weeks. Please keep the comment tracking number that is provided after you successfully upload your comment.
  • To post: Send your written comments to:
      • Andrew Lange, Office of Regulatory Affairs, Law Enforcement Programs and Services,
      • Bureau of Alcohol, Tobacco, Firearms and Explosives,
      • 99 New York Avenue NE,
      • Postal stop 6N-518, Washington DC 20226;
      • ATTN: ATF 2021R-05.
    • Written comments must appear in a font size of at least 12 point (0.17 inches), include the commenter’s first and last name and full mailing address, be signed and can be any length.
  • Facsimile: Submit your comments by fax to (202) 648-9741. Comments sent by fax should:
    • 1. Be legible and appear in a font size of at least 12 point (0.17 inches);
    • 2. Be of 8 ½ “x 11” paper;
    • 3. Be signed and contain the first name, full name and full postal address of the commentator; and
    • 4. Do not make more than five pages.
  • Request for Hearing Any interested person who wishes to have the opportunity to comment orally during a public hearing must submit their request, in writing, to the Director of the ATF within the 90-day period. The Director reserves the right, however, to determine, in all circumstances, whether a public hearing is necessary. Disclosure Copies of this proposed rule and comments received in response to it will be available on the Federal eRulemaking portal at www.regulations.gov (search ATF 2021R-05), and for public inspection by appointment. during regular business hours at: ATF Reading Room, Room 1E-063, 99 New York Ave. NE, Washington, DC 20226; telephone: (202) 648-8740.

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