66514 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Rules and Regulations DEPARTMENT OF JUSTICE Washington, DC 20226; telephone: (202) NFA, the term ‘‘machinegun’’ means 648–7070. ‘‘any weapon which shoots, is designed Bureau of Alcohol, Tobacco, Firearms, SUPPLEMENTARY INFORMATION: to shoot, or can be readily restored to and Explosives I. Executive Summary shoot, automatically more than one A. Summary of the Regulatory Action shot, without manual reloading, by a 27 CFR Parts 447, 478, and 479 B. Summary of Costs and Benefits single function of the trigger.’’ 26 U.S.C. II. Background 5845(b). The term ‘‘machinegun’’ also [Docket No. 2018R–22F; AG Order No. A. Regulatory Context includes ‘‘the frame or receiver of any 4367–2018] B. Las Vegas Shooting such weapon’’ or any part or C. Advance Notice of Proposed combination of parts designed and RIN 1140–AA52 Rulemaking III. Notice of Proposed Rulemaking intended ‘‘for use in converting a Bump-Stock-Type Devices A. Prior Interpretations of ‘‘Single Function weapon into a machinegun,’’ and ‘‘any of the Trigger’’ and ‘‘Automatically’’ combination of parts from which a AGENCY: Bureau of Alcohol, Tobacco, B. Re-Evaluation of Bump-Stock-Type machinegun can be assembled if such Firearms, and Explosives; Department of Devices parts are in the possession or under the Justice. C. Proposed Definition of ‘‘Single Function control of a person.’’ Id. This definition of the Trigger’’ uses the key terms ‘‘single function of ACTION: Final rule. D. Proposed Definition of ‘‘Automatically’’ E. Proposed Clarification That the the trigger’’ and ‘‘automatically,’’ but SUMMARY: The Department of Justice is Definition of ‘‘Machinegun’’ Includes these terms are not defined in the amending the regulations of the Bureau Bump-Stock-Type Devices statutory text. of Alcohol, Tobacco, Firearms, and F. Amendment of 27 CFR 479.11 The definition of ‘‘machinegun’’ in 27 Explosives (ATF) to clarify that bump- G. Amendment of 27 CFR 478.11 CFR 447.11, promulgated pursuant to stock-type devices—meaning ‘‘bump H. Amendment of 27 CFR 447.11 the portion of section 38 of the Arms fire’’ stocks, slide-fire devices, and IV. Analysis of Comments and Department Export Control Act (AECA) (22 U.S.C. devices with certain similar Responses for Proposed Rule 2778) delegated to the Attorney General characteristics—are ‘‘machineguns’’ as A. Comments Generally Supporting the by section 1(n)(ii) of Executive Order Rule defined by the National Firearms Act of 13637 (78 FR 16129), is similar. B. Particular Reasons Raised in Support of Currently, the definition of 1934 and the Gun Control Act of 1968 the Rule because such devices allow a shooter of C. Comments Generally Opposing the Rule ‘‘machinegun’’ in § 447.11 provides that a semiautomatic firearm to initiate a D. Specific Issues Raised in Opposition to a ‘‘‘machinegun’, ‘machine pistol’, continuous firing cycle with a single the Rule ‘submachinegun’, or ‘automatic rifle’ is pull of the trigger. Specifically, these E. ATF Suggested Alternatives a firearm originally designed to fire, or devices convert an otherwise F. Other Alternatives capable of being fired fully semiautomatic firearm into a G. Proposed Rule’s Statutory and Executive automatically by a single pull of the machinegun by functioning as a self- Order Review trigger.’’ H. Affected Population acting or self-regulating mechanism that In 2006, ATF concluded that certain I. Costs and Benefits bump-stock-type devices qualified as harnesses the recoil energy of the J. Regulatory Flexibility Act semiautomatic firearm in a manner that machineguns under the NFA and GCA. K. Miscellaneous Comments Specifically, ATF concluded that a allows the trigger to reset and continue L. Comments on the Rulemaking Process firing without additional physical V. Final Rule device attached to a semiautomatic manipulation of the trigger by the VI. Statutory and Executive Order Review firearm that uses an internal spring to shooter. Hence, a semiautomatic firearm A. Executive Orders 12866, 13563, and harness the force of a firearm’s recoil so to which a bump-stock-type device is 13771 that the firearm shoots more than one attached is able to produce automatic B. Executive Order 13132 shot with a single pull of the trigger is fire with a single pull of the trigger. C. Executive Order 12988 a machinegun. Between 2008 and 2017, D. Regulatory Flexibility Act With limited exceptions, the Gun however, ATF also issued classification E. Small Business Regulatory Enforcement decisions concluding that other bump- Control Act, as amended, makes it Fairness Act of 1996 unlawful for any person to transfer or stock-type devices were not F. Congressional Review Act machineguns, primarily because the possess a machinegun unless it was G. Unfunded Mandates Reform Act of 1995 lawfully possessed prior to the effective H. Paperwork Reduction Act of 1995 devices did not rely on internal springs or similar mechanical parts to channel date of the statute. The bump-stock-type I. Executive Summary devices covered by this final rule were recoil energy. Decisions issued during that time did not include extensive legal not in existence prior to the effective A. Summary of the Regulatory Action analysis relating to the definition of date of the statute, and therefore will be The current regulations at §§ 447.11, ‘‘machinegun.’’ ATF undertook a review prohibited when this rule becomes 478.11, and 479.11 of title 27, Code of of its past classifications and effective. Consequently, under the final Federal Regulations (CFR), contain determined that those conclusions did rule, current possessors of these devices 1 definitions for the term ‘‘machinegun.’’ not reflect the best interpretation of will be required to destroy the devices The definitions used in 27 CFR 478.11 ‘‘machinegun’’ under the NFA and GCA. or abandon them at an ATF office prior and 479.11 match the statutory ATF decided to promulgate a rule that to the effective date of the rule. definition of ‘‘machinegun’’ in the would bring clarity to the definition of DATES: This rule is effective March 26, National Firearms Act of 1934 (NFA), as ‘‘machinegun’’—specifically with 2019. amended, and the Gun Control Act of respect to the terms ‘‘automatically’’ and FOR FURTHER INFORMATION CONTACT: 1968 (GCA), as amended. Under the ‘‘single function of the trigger,’’ as those Vivian Chu, Office of Regulatory Affairs, terms are used to define ‘‘machinegun.’’ Enforcement Programs and Services, 1 Regulations implementing the relevant statutes As an initial step in the process of spell the term ‘‘machine gun’’ rather than Bureau of Alcohol, Tobacco, Firearms, ‘‘machinegun.’’ E.g., 27 CFR 478.11, 479.11. For promulgating a rule, on December 26, and Explosives, U.S. Department of convenience, this notice uses ‘‘machinegun’’ except 2017, the Department of Justice Justice, 99 New York Ave. NE, when quoting a source to the contrary. (Department) published in the Federal VerDate Sep<11>2014 22:19 Dec 21, 2018 Jkt 247001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\26DER3.SGM 26DER3 amozie on DSK3GDR082PROD with RULES3 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Rules and Regulations 66515 Register an advance notice of proposed described above. The Department, subject to the direction of the Attorney rulemaking titled ‘‘Application of the however, has revised the definition of General and the Deputy Attorney Definition of Machinegun to ‘Bump ‘‘single function of the trigger’’ to mean General. See 28 CFR 0.130(a)(1)–(2). Fire’ Stocks and Other Similar Devices.’’ ‘‘single pull of the trigger’’ and Accordingly, the Department and ATF 82 FR 60929. Subsequently, on March analogous motions, taking into account have promulgated regulations 29, 2018, the Department published in that there are other methods of initiating implementing both the NFA and the the Federal Register a notice of an automatic firing sequence that do not GCA. See 27 CFR parts 478, 479. In proposed rulemaking (NPRM) titled require a pull. This final rule also particular, ATF for decades ‘‘Bump-Stock-Type Devices.’’ 83 FR informs current possessors of bump- promulgated rules governing ‘‘the 13442. stock-type devices of the proper procedural and substantive The NPRM proposed to amend the methods of disposal, including requirements relative to the importation, regulations at 27 CFR 447.11, 478.11, destruction by the owner or manufacture, making, exportation, and 479.11 to clarify that bump-stock- abandonment to ATF. identification and registration of, and type devices are ‘‘machineguns’’ as the dealing in, machine guns.’’ 27 CFR B. Summary of Costs and Benefits defined by the NFA and GCA because 479.1; see, e.g., United States v. Dodson, such devices allow a shooter of a ATF estimates the total undiscounted 519 F. App’x 344, 348–49 & n.4 (6th Cir. semiautomatic firearm to initiate a cost of this rule at $312.1 million over 2013) (acknowledging ATF’s role in continuous firing cycle with a single 10 years. The total 7% discount cost is interpreting the NFA’s definition of pull of the trigger. Specifically, these estimated at $245.5 million, and the ‘‘machinegun’’); F.J. Vollmer Co. v. devices convert an otherwise discounted costs would be $32.8 million Higgins, 23 F.3d 448, 449–51 (D.C. Cir. semiautomatic firearm into a and $35.0 million, annualized at 3% 1994) (upholding an ATF determination machinegun by functioning as a self- and 7% respectively. The estimate regarding machinegun receivers). Courts acting or self-regulating mechanism that includes costs to the public for loss of have recognized ATF’s leading harnesses the recoil energy of the property ($102.5 million); costs of regulatory role with respect to firearms, semiautomatic firearm in a manner that forgone future production and sales including in the specific context of allows the trigger to reset and continue ($198.9 million); costs of disposal ($9.4 classifying devices as machineguns firing without additional physical million); and government costs ($1.3 under the NFA.