
By Matthew D. Cuberio, Attorney at Law - Michel & Associates, P.C.
Mr. Cubeiro’s primary practice areas include firearm regulatory compliance and litigation. He also assists with local ordinance issues, legislative analysis, civil rights advocacy, and general civil litigation. More information about Mr. Cuberio can be found here.
On April 26, 2022, the United States Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) released its final rule amending the definition of a firearm “frame or receiver” and other related federal regulations. As a federal rulemaking action, this change affects how firearms are regulated nationwide.
nationwide. California already imposes strict requirements on what are commonly known as unfinished frames or receivers (or “80% receivers”). Beginning July 1, the sale or transfer of a “firearm precursor part” in California will require a background check like that used for the sale or transfer of ammunition. Unsurprisingly, CA DOJ’s regulations on the subject relied heavily on ATF’s now finalized rule. See https://crpa.org/news/blogs/doj-proposes-regulations-regarding-firearm-precursor-parts/
I. NEW FEDERAL DEFINITIONS FOR FIREARM AND FRAME OR RECEIVER
For an item to be regulated under federal firearm laws, it must generally meet the definition of a “firearm” under section 921 of Title 18 of the United States Code. This section defines a firearm as any one of the following:
Federal Regulations expand upon this definition to a limited degree. Notably, existing federal regulations define “firearm frame or receiver” to mean “that part of a firearm which provides housing for the hammer, bolt or breechblock, and firing mechanism, and which is usually threaded at its ....
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