{"id":509111,"date":"2021-05-14T19:20:45","date_gmt":"2021-05-14T23:20:45","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=509111"},"modified":"2021-05-14T19:20:48","modified_gmt":"2021-05-14T23:20:48","slug":"the-doj-released-a-115-page-rule-change-to-redefine-a-firearm-heres-what-you-need-to-know","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/the-doj-released-a-115-page-rule-change-to-redefine-a-firearm-heres-what-you-need-to-know\/","title":{"rendered":"The DOJ Released A 115-Page Rule Change To Redefine A \u2018Firearm.\u2019 Here\u2019s What You Need To Know."},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"float:left\"><div class=\"counts mashsbcount\">34<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fthe-doj-released-a-115-page-rule-change-to-redefine-a-firearm-heres-what-you-need-to-know%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=509111&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><div><img decoding=\"async\" src=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-content\/uploads\/2021\/05\/GettyImages-506220491-1200x800-1.jpg\" class=\"ff-og-image-inserted\"  style=\"display:none\"><\/div>\n<p>On Friday, The Department of Justice published a <a href=\"https:\/\/www.atf.gov\/file\/154586\/download\">115-page document<\/a> detailing a proposed rule change that would redefine what constitutes a firearm. According to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the new definition \u201ctake[s] into account technological developments and modern terminology in the firearms industry, as well as amendments to the marking and recordkeeping requirements.\u201d<\/p>\n<p>The newly proposed rule would redefine a \u201cghost gun\u201d\u00a0or precursor firearm parts as a firearm under federal law.<\/p>\n<p>As of now, a \u201cghost gun\u201d is defined as any homemade firearm that lacks serial numbers, and are criticized by gun control advocates because they are difficult to trace. These are often machined from blocks of aluminum, although they can also be made using a 3D printer. Other types include\u00a080%\u00a0 lowers, which are a basic mold of a firearm which require additional machining.<\/p>\n<p>Under current law, a person can manufacture a homemade firearm without serial numbers for their personal use. A serial number, however, is required if the firearm is sold or transferred to another person. This is <a href=\"https:\/\/www.law.cornell.edu\/uscode\/text\/18\/923\">only applicable for hobbyists<\/a>, not those who are in the business of manufacturing, buying, and\/or selling guns. These homemade firearms are currently regulated under the <a href=\"https:\/\/www.govinfo.gov\/content\/pkg\/STATUTE-82\/pdf\/STATUTE-82-Pg1213-2.pdf\">Gun Control Act of 1968<\/a>.<\/p>\n<p>The proposed rule change would classify 80% lowers and receivers that could be \u201creadily completed\u201d as a functional firearm, meaning a serial number and background check would be required at the time of purchase:<\/p>\n<blockquote readability=\"19\">\n<p><em>When a partially complete frame or receiver parts kit reaches a stage in manufacture where it may readily be completed, assembled, converted, or restored to a functional state, it would be considered a firearm \u201cframe or receiver\u201d that must be marked. Further, under the proposed rule, weapon parts kits with partially complete frames or receivers containing the necessary parts such that they may readily be completed, assembled, converted, or restored to expel a projectile by the action of an explosive would be \u201cfirearms\u201d for which each frame or receiver of the weapon, as defined under this rule, would need to be marked.<\/em><\/p>\n<\/blockquote>\n<p>Instead of shipping directly to a purchaser\u2019s home, the incomplete frames and receivers would be serialized and sent to a Federal Firearms Licensee (FFL) \u2014 commonly referred to as a \u201cgun dealer\u201d \u2014 where a purchaser would fill out ATF Form 4473 and complete a background check.<\/p>\n<p>According to <a href=\"https:\/\/thereload.com\/biden-admin-rule-change-would-expand-atf-power-ban-ghost-guns\/\">The Reload<\/a>, the terminology used in the rules change is vague:<\/p>\n<blockquote readability=\"18\">\n<p><em>Under the current rule, a gun part can only be regulated as a receiver if it has several key components, including the trigger mechanism and breach. The proposed rule would change that to let the ATF regulate a part as a receiver if it includes just one of those components. It would also add language to the definition allowing the ATF to regulate anything that could be \u201creadily\u201d made into a firearm receiver as though it were a finished receiver.<\/em><\/p>\n<p><em>The proposed rule does not provide a set of objective standards for what constitutes \u201creadily\u201d convertible. Instead, it relies on subjective measures of how long the conversion could take, how difficult it could be, and what tools could be required. The agency pointed to court cases for examples of what readily meant. In one example the agency said a part being completed during \u201can eight-hour working day in a properly equipped machine shop\u201d qualified as \u201creadily\u201d convertible.<\/em><\/p>\n<\/blockquote>\n<p>The rule change would also target various platforms including the AR-15, among the <a href=\"https:\/\/www.nssf.org\/msr\/\">most popular<\/a> firearms sold today.<\/p>\n<p>\u201cBesides establishing a de facto ban on so-called 80 percent frames and receivers in the way they are in circulation today, it could also stand to regulate \u2018split\/multi-receiver\u2019 and \u2018modular firearms\u2019 such as the AR-15\u00a0and\u00a0P320 in ways that could require AR uppers and pistol slide assemblies to be a serialized firearm,\u201d <a href=\"https:\/\/www.guns.com\/news\/2021\/05\/10\/biden-justice-dept-issues-115-pages-of-proposed-new-firearm-definitions\">Guns.com<\/a> reported.<\/p>\n<p>In addition, the rule change <a href=\"https:\/\/www.atf.gov\/rules-and-regulations\/definition-frame-or-receiver\/summary\">would allow<\/a> FFLs and gunsmiths to \u201cmark firearms for the maker or owner of a privately made firearm (PMF) and may be licensed to engage solely in that business.\u201d They are not, however, authorized to make those modifications for \u201ca licensed importer or licensed manufacturer because those firearms are for sale or distribution.\u201d<\/p>\n<p>Once the proposed rule is published in the Federal Register, the public will have 90 days to submit comments.<\/p>\n<p><strong>Why the rules are changing<\/strong><\/p>\n<p>The DOJ is cracking down on \u201cghost guns\u201d because of the number of \u201cun-serialized firearms\u201d that have shown up at crime scenes across the nation. The goal, the agency says, is to \u201ckeep guns from being sold to convicted felons and other prohibited purchasers.\u201d<\/p>\n<p>\u201cWe are committed to taking commonsense steps to address the epidemic of gun violence that takes the lives of too many people in our communities,\u201d Attorney General Merrick Garland said in a <a href=\"https:\/\/www.justice.gov\/opa\/pr\/justice-department-proposes-new-regulation-update-firearm-definitions\">statement.<\/a> \u201cCriminals and others barred from owning a gun should not be able to exploit a loophole to evade background checks and to escape detection by law enforcement. This proposed rule would help keep guns out of the wrong hands and make it easier for law enforcement to trace guns used to commit violent crimes, while protecting the rights of law-abiding Americans.\u201d<\/p>\n<p><strong>Industry reaction<\/strong><\/p>\n<p>According to the <a href=\"https:\/\/www.nraila.org\/articles\/20210508\/atf-proposed-rule-a-blatant-attack-on-american-gun-industry\">National Rifle Association\u2019s Institute for Legislative Action<\/a> (NRA-ILA), the proposed rule change \u201cwould give ATF arbitrary authority to classify firearms in a way that could make it difficult or impossible for the firearm industry to operate.\u201d<\/p>\n<p>The National Shooting Sports Foundation (NSSF), the firearms trade association is concerned about the \u201cdetails\u201d of the proposal.<\/p>\n<p>\u201cThe details will matter,\u201d Lawrence Keane, senior vice president and general counsel for the NSSF, said in a statement.<\/p>\n<p>\u201cWe are fully aware of the impact that this proposed rule could have on the firearm industry and gun owners in general,\u201d Keane explained. \u201cNSSF will closely examine the proposed rule and seek input from our members on how this proposed rule adversely impacts their businesses, and whether the rule exceeds ATF\u2019s legal authority under the Gun Control Act. NSSF fully expects to file robust public comments with ATF during the 90-day comment period.\u201d<\/p>\n<p><a href=\"https:\/\/www.gunowners.org\/goa-gof-continue-to-stand-for-homemade-firearms\/\">Gun Owners of America<\/a> (GAO) said the proposed rules change is \u201casinine.\u201d<\/p>\n<p>\u201cThe proposed rules by Biden\u2019s Justice Department seek to add undue burdens on homebuilt firearms. Forcing purchasers of unfinished chunks of metal and plastic to undergo a background check from a broken NICS system is simply asinine,\u201d GAO Senior Vice President Erich Pratt said in a statement. \u201cJust as with other forms of gun control, these regulations will leave honest people with one less method for self-defense but will be completely ignored by criminals.\u201d<\/p>\n<p><strong>Related: <a href=\"https:\/\/www.dailywire.com\/news\/why-is-the-left-so-quick-to-dispose-of-women\">What Is A \u2018Ghost Gun\u2019 And How Are They Regulated?<\/a><\/strong><\/p>\n<p><i>Beth Baumann is a Political Reporter and Editor at The Daily Wire. Follow her on Twitter\u00a0<\/i><a href=\"https:\/\/twitter.com\/eb454\"><i>@eb454<\/i><\/a><i>.<\/i><\/p>\n<p><i>The views expressed in this piece are the author\u2019s own and do not necessarily represent those of The Daily Wire.<\/i><\/p>\n<p><i>The Daily Wire is one of America\u2019s fastest-growing conservative media companies and counter-cultural outlets for news, opinion, and entertainment. Get inside access to The Daily Wire by becoming a\u00a0<\/i><a href=\"https:\/\/www.dailywire.com\/subscribe\"><i>member<\/i><\/a><i>.<\/i><\/p>\n","protected":false},"excerpt":{"rendered":"<p>On Friday, The Department of Justice published a 115-page document detailing a proposed rule change that would redefine what constitutes a firearm. According to the Bureau of Alcohol, Tobacco, Firearms, &#8230;<\/p>\n","protected":false},"author":1,"featured_media":2278208,"comment_status":"close","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-content\/uploads\/2021\/05\/GettyImages-506220491-1200x800-1.jpg","fifu_image_alt":"The DOJ Released A 115-Page Rule Change To Redefine A \u2018Firearm.\u2019 Here\u2019s What You Need To Know.","footnotes":""},"categories":[],"tags":[],"class_list":["post-509111","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry"],"fifu_image_url":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-content\/uploads\/2021\/05\/GettyImages-506220491-1200x800-1.jpg","fifu_image_alt":"The DOJ Released A 115-Page Rule Change To Redefine A \u2018Firearm.\u2019 Here\u2019s What You Need To Know.","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/509111","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=509111"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/509111\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2278208"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=509111"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=509111"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=509111"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}