Unofficial Congressional Civilian Disarmament Caucus co-chairmen Senators Chris Murphy and Richard Blumenthal (both D-CT) have introduced the as yet un-numbered Untraceable Firearms Act of 2020. At first glance, it resembles Rep. David Cicilline‘s [D-RI-1] H.R.3553 – Untraceable Firearms Act of 2019, which has been stalled in the Subcommittee on Crime, Terrorism, and Homeland Security since August 2019. But the Senators are opportunistically using the COVID-19 outbreak to push their gun-regulating scheme.
Both bills purport to ban “ghost guns,” which the bills define as un-serialized firearms, and 80% unfinished frames and receivers, but there are some notable differences. H.R.3553 defines the “frame or receiver” as “the part of a firearm that can provide the action or housing for the hammer, bolt, or breechblock and firing mechanism.” That’s in line with the current definition written into law. (Added: A commenter noted that HR3553 adds a comma between “bolt” and “or breechblock.” That is a change from current law which requires the frame/receiver to house both, not one or the other. I missed that.)
The Senators, however, have obviously taken note of the very real legal issues with the ATF’s difficulties apply the legal language of what constitutes a frame or receiver. The Senate bill redefines them as “the part of a firearm that provides or is intended to provide the housing for the trigger group, regardless of the stage of manufacture.”
Defining the banned parts as what holds the trigger mechanism side-steps the little problem of AR lowers not meeting the definition (or most semi-auto pistols for that matter).
The bill’s “regardless of the stage of manufacture” language covers not only 80% frames and receivers, but it’s so broadly written that it also blanks and castings, which would have to be created with serial numbers.
As for 3D-printed firearms, the instant you deposit the first drop of additive plastic or metallic powder, it would become a firearm under the bill’s language and must therefore be serialized. How do you serialize a drop of plastic? You can’t, so the bill generously allows licensed manufacturers to possess their own products during construction.
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