[Federal Register Volume 70, Number 66 (Thursday, April 7, 2005)]
[Proposed Rules]
[Pages 17624-17626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6932]
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DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms, and Explosives
27 CFR Part 479
[Docket No. ATF 7P; AG Order No. 2761--2005]
RIN 1140-AA23
Machine Guns, Destructive Devices, and Certain Other Firearms;
Amended Definition of ``Pistol'' (2003R-33P)
AGENCY: Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF),
Department of Justice.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Department of Justice is proposing to amend the
regulations relating to machine guns, destructive devices, and certain
other firearms regulated under the National Firearms Act (NFA) for the
Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to clarify
the definition of the term ``pistol'' and to define more clearly
exceptions to the ``pistol'' definition. The added language is
necessary to clarify that certain weapons, including any weapon
disguised to look like an item other than a firearm or any gun that
fires more than one shot without manual reloading by a single function
of the trigger, are not pistols and are classified as ``any other
weapon'' under the NFA.
DATES: Comments must be submitted on or before May 9, 2005.
ADDRESSES: Send written comments to: James P. Ficaretta, Program
Manager; Room 5250; Bureau of Alcohol, Tobacco, Firearms, and
Explosives; P.O. Box 50221; Washington, DC 20091-0221; ATTN: ATF 7P.
Written comments must include your mailing address and be signed, and
may be of any length.
Comments may also be submitted electronically to ATF at
nprm@atf.gov or to http://www.regulations.gov by using the electronic
comment form provided on that site. You may also view an electronic
version of this proposed rule at the http://www.regulations.gov site.
Comments submitted electronically must contain your name, mailing
address and, if submitted by e-mail, your e-mail address. They must
also reference this document docket number, as noted above, and be
legible when printed on 8\1/2\'' x 11'' paper. ATF will treat comments
submitted electronically as originals and ATF will not acknowledge
receipt of comments submitted electronically. See the Public
Participation section at the end of the SUPPLEMENTARY INFORMATION
section for requirements for submitting written comments by facsimile.
FOR FURTHER INFORMATION CONTACT: James P. Ficaretta; Enforcement
Programs and Services; Bureau of Alcohol, Tobacco, Firearms, and
Explosives; United States Department of Justice; 650 Massachusetts
Avenue, NW., Washington, DC 20226; telephone (202) 927-8203 (this is
not a toll-free number).
SUPPLEMENTARY INFORMATION:
Background
The regulations in title 27, Code of Federal Regulations (CFR),
part 479 implement the provisions of the National Firearms Act (NFA),
26 U.S.C. 5801 et seq. Part 479 contains the procedural and substantive
requirements relative to the importation, manufacture, making,
exportation, transfer, taxing, identification and registration of, and
the dealing in, machine guns, destructive devices, and certain other
firearms. All NFA firearms that are not in possession or control of the
United States government must be registered. Possession of an
unregistered NFA firearm is a violation of Federal law and subjects the
possessor to criminal prosecution and the seizure and forfeiture of the
firearm.
For purposes of the NFA, the term ``firearm'' includes ``any other
weapon,'' which in turn is defined in the law (26 U.S.C. 5845(e)) and
its implementing regulation at 27 CFR 479.11 as follows:
Any weapon or device capable of being concealed on the person
from which a shot can be discharged through the energy of an
explosive, a pistol or revolver having a barrel with a smooth bore
designed or redesigned to fire a fixed shotgun shell, weapons with
combination shotgun and rifle barrels 12 inches or more, less than
18 inches in length, from which only a single discharge can be made
from either barrel without manual reloading, and shall include any
such weapon which may be readily restored to fire. Such term shall
not include a pistol or a revolver having a rifled bore, or rifled
bores, or weapons designed, made, or intended to be fired from the
shoulder and not capable of firing fixed ammunition.
As indicated, the definition of ``any other weapon'' specifically
excludes pistols having rifled bores.
The term ``pistol'' is defined in 27 CFR 479.11 to mean:
A weapon originally designed, made, and intended to fire a
projectile (bullet) from one or more barrels when held in one hand,
and having (a) a chamber(s) as an integral part(s) of, or
permanently aligned with, the bore(s); and (b) a short stock
designed to be gripped by one hand and at an angle to and extending
below the line of the bore(s).
A weapon that meets the definition of ``pistol'' with a rifled bore
falls outside the definition of ``any other weapon'' and is therefore
not classified as an NFA weapon.
This notice seeks to amend the regulation that defines ``pistol''
to restore language that was inadvertently removed in 1988 and insert
language that more clearly defines exceptions to the ``pistol''
definition. The language added to the regulation is necessary to
clarify that certain weapons, including weapons disguised to look like
items
[[Page 17625]]
other than firearms, are not pistols and are classified as ``any other
weapon'' under the NFA and subject to that Act's requirements.
The current definition of ``pistol'' in section 479.11 dates back
to amendments made in 1988, 53 FR 10480 (Mar. 31, 1988). Prior to
amendment, the term was defined to read as follows:
A weapon originally designed, made, and intended to fire a small
projectile (bullet) from one or more barrels when held in one hand,
and having (a) a chamber(s) as an integral part(s) of, or
permanently aligned with, the bore(s); and (b) a short stock
designed to be gripped by one hand and at an angle to and extending
below the line of the bore(s). The term shall not include any gadget
device, any gun altered or converted to resemble a pistol, any gun
that fires more than one shot, without manual reloading, by a single
function of the trigger, or any small portable gun such as: Nazi
belt buckle pistol, glove pistol, or a one-hand stock gun designed
to fire fixed shotgun ammunition.
27 CFR 179.11 (1986). As explained in the preamble to the 1988
amendments, 53 FR 10482, the definition was changed pursuant to
comments received during the rulemaking process by deleting the word
``small'' before the word ``projectile.'' In addition, due to an
administrative oversight, the last part of the definition was deleted.
The language inadvertently deleted stated ATF's long-standing position
that certain weapons are not pistols, including any gun disguised to
look like an item other than a firearm, any gun altered or converted to
resemble a pistol, any gun that fires more than one shot, without
manual reloading, by a single function of the trigger, or any small
portable gun. Such weapons were classified as ``any other weapon''
under the NFA and subject to regulation under the NFA.
Proposed Regulation
The Department believes that the NFA definition of the term
``pistol'' should be revised to more accurately reflect the
Department's position concerning the weapons subject to regulation
under the ``any other weapon'' category of the NFA. The term ``fixed''
has been added to paragraph (a)(2) of the regulatory definition to
clarify that weapons with a short stock permanently affixed at an angle
to the bore can be classified as ``pistols.''
In addition, the regulation will now include language which makes
it clear that certain weapons that are particularly concealable and
difficult to readily identify as firearms are regulated under the NFA.
This will allow the Department to regulate certain weapons that pose
significant public safety and security risks in this post 9/11 era. The
types of weapons covered by this language include, but are not limited
to, belt buckle guns, penguns, wallet guns, gadget devices, and devices
commonly known as pager guns. These weapons are particularly hazardous,
as they may easily pass through airport or other security posts or
metal detectors without being recognized as firearms. Furthermore, such
highly concealable weapons can be particularly appealing to prohibited
persons, terrorists, or others who may misuse firearms because such
weapons can be carried and even used without detection. By regulating
these specific types of weapons pursuant to the NFA, the Department can
more directly address these heightened security concerns and protect
the public from the dangers posed by hidden weaponry.
Accordingly, the proposed definition of ``pistol'' in section
479.11 would read as follows:
(a) A weapon originally designed, made, and intended to fire a
projectile (bullet) from one or more barrels when held in one hand,
and having--
(1) A chamber(s) as an integral part(s) of, or permanently
aligned with, the bore(s); and
(2) A short fixed stock designed to be gripped by one hand and
at an angle to and extending below the line of the bore(s).
(b) The term shall not include any weapon disguised to look like
an item other than a firearm, such as a pengun, wallet gun, belt
buckle gun, pager gun or gadget device, or any gun that fires more
than one shot, without manual reloading, by a single function of the
trigger.
Omitted from the proposed regulation is the language: ``any gun
altered or converted to resemble a pistol.'' This language mirrors the
statutory provisions in 26 U.S.C. 5845(a)(2) and (4) that refer to
weapons made from a shotgun or rifle. The NFA adequately reflects the
Department's consistent position that a rifle or shotgun, altered to
function as a smaller, pistol-like weapon, maintains its classification
as a rifle or shotgun and will not be classified as a pistol.
Therefore, the addition of this language into the proposed regulation
is unnecessary.
Proposed omissions should not be read as an intention to regulate a
narrower category of ``any other weapons'' than those previously
classified by ATF under the NFA and implementing regulations.
If adopted as a final rule, the proposed amendment to the
definition of ``pistol'' will be applied to previous and future
classifications of firearms disguised to look like an item other than a
firearm. If a firearm previously classified as a pistol is found to be
an ``any other weapon'' pursuant to the proposed definition,
manufacturers, current owners, and those persons who wish to purchase
such a weapon would be subject to the restrictions and regulations
imposed by the NFA, including background checks, registration and
making/transfer tax.
Administrative Matters
Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to conduct a regulatory flexibility analysis of any rule subject
to notice and comment rulemaking requirements unless the head of the
agency certifies that the rule will not have a significant economic
impact on a substantial number of small entities. Small entities
include small businesses, small not-for-profit enterprises, and small
governmental jurisdictions. The Attorney General has reviewed this
proposed rule and, by approving it, certifies that this proposed rule
will not have a significant economic impact on a substantial number of
small entities. The proposed rule merely restores language in the
definition of the term ``pistol'' that was inadvertently removed due to
an administrative oversight.
Unfunded Mandates Reform Act of 1995
This proposed rule will not result in the expenditure by State,
local, and tribal governments, in the aggregate, or by the private
sector, of $100 million or more in any one year, and it will not
significantly or uniquely affect small governments. Therefore, no
actions were deemed necessary under the provisions of the Unfunded
Mandates Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This proposed rule is not a major rule as defined by section 251 of
the Small Business Regulatory Enforcement Act of 1996, 5 U.S.C. 804.
This proposed rule will not result in an annual effect on the economy
of $100 million or more; a major increase in costs or prices; or
significant adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
companies to compete with foreign-based companies in domestic and
export markets.
Executive Order 12866
This proposed rule has been drafted and reviewed in accordance with
Executive Order 12866, section 1(b), Principles of Regulation. The
Department has determined that this proposed rule is a ``significant
regulatory action'' under section 3(f) of Executive Order 12866,
Regulatory
[[Page 17626]]
Planning and Review. Accordingly, this proposed rule has been submitted
to the Office of Management and Budget for review.
Executive Order 13132
This proposed rule will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with section 6
of Executive Order 13132, the Department of Justice has determined that
this proposed rule does not have sufficient federalism implications to
warrant a federalism summary impact statement.
Executive Order 12988
This proposed rule meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice
Reform.
Paperwork Reduction Act of 1995
This proposed rule does not impose any new reporting or
recordkeeping requirements under the Paperwork Reduction Act.
Public Participation
ATF is requesting comments on the proposed regulations from all
interested persons. ATF is also specifically requesting comments on the
clarity of this proposed rule and how it could be made easier to
understand.
Comments received on or before the closing date will be carefully
considered. Comments received after that date will be given the same
consideration if it is practical to do so, but assurance of
consideration cannot be given except as to comments received on or
before the closing date.
ATF will not recognize any material in comments as confidential.
Comments may be disclosed to the public. Any material that the
commenter considers to be confidential or inappropriate for disclosure
to the public should not be included in the comment. The name of the
person submitting a comment is not exempt from disclosure.
A. Submitting Comments by Fax
You may submit written comments by facsimile transmission to (202)
927-0506. Facsimile comments must:
Be legible;
Include your mailing address;
Reference this document number;
Be 8\1/2\'' x 11'' in size;
Contain a legible written signature; and
Be not more than five pages long.
ATF will not acknowledge receipt of facsimile transmissions. ATF
will treat facsimile transmissions as originals.
B. Request for Hearing
Any interested person who desires an opportunity to comment orally
at a public hearing should submit his or her request, in writing, to
the Director of ATF within the 30-day comment period. The Director,
however, reserves the right to determine, in light of all
circumstances, whether a public hearing is necessary.
C. Disclosure
Copies of this proposed rule and the comments received will be
available for public inspection by appointment during normal business
hours at: ATF Reference Library, Room 6480, 650 Massachusetts Avenue,
NW., Washington, DC 20226, telephone (202) 927-7890.
Regulation Identification Number
A regulation identification number (RIN) is assigned to each
regulatory action listed in the Unified Agenda of Federal Regulations.
The Regulatory Information Service Center publishes the Unified Agenda
in the Federal Register in April and October of each year. The RIN
contained in the heading of this document can be used to cross-
reference this action with the Unified Agenda.
Drafting Information
The author of this document is James P. Ficaretta; Enforcement
Programs and Services; Bureau of Alcohol, Tobacco, Firearms, and
Explosives.
List of Subjects in 27 CFR Part 479
Administrative practice and procedure, Arms and munitions,
Authority delegations, Customs duties and inspection, Exports, Imports,
Military personnel, Penalties, Reporting and recordkeeping
requirements, Research, Seizures and forfeitures, and Transportation.
Authority and Issuance
Accordingly, for the reasons discussed in the preamble, 27 CFR part
479 is proposed to be amended as follows:
PART 479--MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER
FIREARMS
1. The authority citation for 27 CFR part 479 continues to read as
follows:
Authority: 26 U.S.C. 7805.
2. Section 479.11 is amended by revising the definition of the term
``Pistol'' to read as follows:
Sec. 479.11 Meaning of terms.
* * * * *
Pistol. (a) A weapon originally designed, made, and intended to
fire a projectile (bullet) from one or more barrels when held in one
hand, and having--
(1) A chamber(s) as an integral part(s) of, or permanently aligned
with, the bore(s); and
(2) A short fixed stock designed to be gripped by one hand and at
an angle to and extending below the line of the bore(s).
(b) The term shall not include any weapon disguised to look like an
item other than a firearm, such as a pengun, wallet gun, belt buckle
gun, pager gun or gadget device, or any gun that fires more than one
shot, without manual reloading, by a single function of the trigger.
* * * * *
Dated: March 8, 2005.
Alberto R. Gonzales,
Attorney General.
[FR Doc. 05-6932 Filed 4-6-05; 8:45 am]
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