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there are two possible interpretations for this issue. one interpretation is that if a firearm consists of a split or multi-part receiver made of plastic, like a gun that has a single plastic frame and removable serial number, it is no longer a firearm. the other interpretation is that such a part is the frame or receiver, and therefore that these devices are just as regulated as a firearm. the final rule does not choose between these two interpretations, and rather clarifies that this rule does not invalidate existing regulations that apply to firearms that have frames and/or receivers in their entirety.
this rule will not, as some have suggested, lead to prosecution of citizens who manufacture firearms in their homes. atf has not, and will not, interpret this rule to remove a requirement for federally-licensed manufacturers to serialize a home-built firearm. in fact, the firearms policy brief summarizes atf's understanding of this issue as follows: “atf will not allow the creation of a firearm in a home or anywhere else outside of a regulated, licensed establishment. however, the creation of a firearm in a home or elsewhere is not a violation of federal law and such a firearm may remain in a home.”
we have received a number of comments regarding this issue. we have repeatedly emphasized that this rule is about making it more difficult for criminals to get the guns that they need to harm and kill our citizens. our law-enforcement partners have told us that straw purchasers are the prime conduit for firearms that end up in the hands of criminals. this rule prohibits commercial manufacturers from selling ghost guns without serial numbers to criminals. d8a7b2ff72
For the purposes of this rule, "test kit" means the hardware, software, or other items that are used to assemble a firearm, or that are used to assemble a firearm as part of a serial test. This includes assembled kits that are not factory-manufactured; this includes kits that are assembled in a location other than a factory; this includes kits assembled for the purposes of this rule for which the assembler does not retain the serial number when the assembled kit is shipped.
For the purposes of this rule, "unit" is a single firearm of a particular type. This includes assembled kits that are not factory-manufactured; this includes kits assembled in a location other than a factory; this includes kits assembled for the purposes of this rule for which the assembler does not retain the serial number when the assembled kit is shipped.
The U.S. Department of Justice issued a final rule earlier this year allowing people with certain mental illness diagnoses, including ADHD, bipolar disorder, panic disorder, and post-traumatic stress disorder, to possess a firearm provided certain conditions are met. This rule replaces a rule that the Bureau of Alcohol, Tobacco, Firearms and Explosives issued in 2014. This rule also provides more detail on what types of mental illness are covered by the final rule. Everyone should work with his or her mental health professional to understand the issues involved in the treatment of their mental illness, but if a person gets the prescription right and follow their treatment program in a timely manner, then they are allowed to possess a firearm.