DOJ issues new guidance on modernization of firearm definition

The U.S. Department of Justice (DOJ) has issued new guidance to the Federal Register Frame or Receiver Final Rule modernizing the definition of a firearm.

“One year ago, the Department committed to address the proliferation of ghost guns used in violent crimes,” Attorney General Merrick B. Garland said. “This rule will make it harder for criminals and other prohibited persons to obtain untraceable guns, will help ensure that law enforcement officers can retrieve the information they need to solve crimes, and will help reduce the number of untraceable firearms flooding our communities.

Garland commended Alcohol, Tobacco and Firearms (ATF) colleagues for work over the past 12 months to finalize the rule.

The rule clarifies parts kits readily convertible to firearms are subject to the same regulations as traditional firearms and would aid in curbing ghost guns assembled from kits that do not contain serial numbers, are sold without background checks, are difficult to trace, and are easily acquired by criminals.

The rule would be implemented 120 days from the date of publication in the Federal Register. It would also aid law enforcement in tracing guns used in a crime while modernizing the definition of frame or receiver; better support tracing efforts by requiring federal firearms licensees to retain records for the length of time they are licensed; and help law enforcement trace guns used in a crime by clarifying what must be marked with a serial number – including in easy-to-build firearm kits.