![handle is hein.crs/govefpw0001 and id is 1 raw text is: Congressional ______
SResearch Service
Privately Made and Unmarked Firearms:
Overview of ATF Ghost Gun Rule
April 25, 2022
On April 7, 2021, President Biden announced several executive actions seeking to address gun violence,
including instructions for the Department of Justice (DOJ) to issue a rule addressing so-called ghost
guns that lack serial numbers or other identifying markings. The announcement came amidst concern
from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) over its inability to trace unmarked
firearms that have been used in shootings and other crimes in recent years.
In May 2021, ATF published a proposed rule addressing certain regulatory definitions relevant to
identification requirements for firearms, among other things. On April 11, 2022, DOJ submitted ATF final
rule 2021R-05F, Definition of 'Frame or Receiver' and Identification of Firearms, with the stated goal
of ensur[ing] the proper marking, recordkeeping, and traceability of all firearms manufactured, imported,
acquired and disposed by persons and entities federally licensed to engage in the firearms business
(Federal Firearms Licensees, or FFLs). This Sidebar provides legal context for, and an overview of, the
major components of the recent final rule.
Overview of Existing Firearm Identification Requirements
By statute, FFLs are required to identify by means of a serial number engraved or cast on the receiver or
frame of the weapon each firearm manufactured in, or imported into, the United States. Existing
regulations establish more detailed requirements for how the serial number must be affixed, including the
minimum depth and print size, and require additional information such as the firearm model, caliber or
gauge, and the FFL's name and business location. Under the statutory definition of the term firearm, these
identification requirements extend to firearm frames or receivers. The term frame or receiver is
separately defined in regulations as [t]hat part of a firearm which provides housing for the hammer, bolt
or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the
barrel. As described by ATF, a frame or receiver is essentially the primary structural component[] of a
firearm to which fire control components are attached. The firearm identification requirements in statute
and regulation facilitate ATF's ability to trace firearms that are lost or used in crimes, as the chain of
custody and distribution may be established using FFLs' required records.
Not all firearms in the United States are subject to the identification requirements described above,
however. First, the requirements apply only to FFLs, meaning that individuals who wish to make their
Congressional Research Service
https://crsreports. congress.gov
LSB10733
CRS Legal Sidebar
Prepared for Members and
Committees of Congress](ViewImageLocal?handle=hein.crs/govefpw0001&div=1&collection=&method=preview&ext=.png&size=3)
What Is HeinOnline?
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most