What is a Privately Made Firearm?

ATF final rule 2021R-05F, due to go into effect August 24, 2022, amends the definition of a firearm made by a non-licensee as a “Privately Made Firearm” (“PMF”).

The new definition is: “ firearm, including a frame or receiver, completed, assembled, or otherwise produced by a person other than a licensed manufacturer, and without a serial number placed by a licensed manufacturer at the time the firearm was produced. The term shall not include a firearm identified and registered in the National Firearms Registration and Transfer Record pursuant to chapter 53, title 26, United States Code, or any firearm manufactured or made before October 22, 1968 (unless remanufactured after that date).”

How does this affect you?

The ATF 2021R-05F:

  • Does NOT prohibit an individual from making their own PMF.
  • Does NOT mandate unlicensed persons mark their own PMF.
  • Does NOT require an FFL to accept unmarked PMFs into their inventory.
  • Does NOT apply to firearms marked and registered pursuant to the NFA, 26 USC 5842 and 27 CFR 479.102, upon approval of an ATF Form 1 .
  • Does NOT apply to firearms manufactured or made before the effective date of the Gun Control Act of 1968, October 22, 1968, unless remanufactured after that date. 

However, the regulations DO require all FFLs to serialize any PMF they take into their inventory. This means if a customer brings in a PMF to an FFL for gunsmithing or any service that requires the firearm to stay overnight, the customer’s PMF will need to be serialized by the FFL.

Clarified by the ATF, taking into inventory means logging into the Acquisitions and Dispositions book (A&D book). As of now (June 16, 2022), the ATF does NOT require FFLs to log a firearm in the A&D book for gunsmithing unless the firearm stays overnight.

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