Maine’s LD 1126 goes into effect in January 2027. This means personally made firearms (PMFs) must now be serialized. Combine this with the ATF’s Final Rule – 2021R-05F, and it is a significant change in the legal landscape for those who choose to make their own firearms.
DISCLAIMER: This is MY and ONLY MY interpretation of the laws, motivations and impacts. I strongly urge you to do your own research AND consult a qualified firearm attorney.
ATF’s Final Rule – 2021R-05F: The SUPER SIMPLIFIED version of this is unfinished receivers are now considered actual firearms. It also dictates the content/format of any serial number applied by a FFL. It MUST be the FFL’s shortened number (8 digits) – plus a unique to-the-FFL number. The number must be recorded in the FFL’s A&D (Acquisition & Disposition) book.
Prior to this new rule, serialization could be completed with the name of the person who ‘manufactured’ it, along with the city/state of manufacture, model, caliber and a unique to them serial number. The ATF didn’t like this and called them “fictitious serial numbers” since they weren’t officially registered.
Maine’s LD 1126: Again, the SUPER SIMPLIFIED version says you may not possess an unfinished frame or receiver unless it has been imprinted with a serial number applied by a FFL. It also requires additional records be kept by the FFL on the firearms serialized.
Neither the ATF’s Final Rule – 2021R-05F or Maine’s LD1126 require a 4473 and NICS background check to return a newly engraved ‘firearm’ back to the person who brought it in.
Does having a serial number engraved on your PMF put it on a registry? No, but actually yes.
The ATF’s Final Rule – 2021R-05F now treats frames and receivers the same as commercially made firearms which can be traced from the manufacturer to the distributor to the retailer to the first owner. If Universal Background Checks are in place in your state, it continues on to the current owner.
This means a personally made firearm is now traceable to the original owner since the first part of the serial number is the FFL who engraved it, and that FFL has the owner’s name & address recorded in their A&D book.
By statue, the ATF is not allowed to create an electronic database of owners and their firearms. However, the ATF has already admitted to having done exactly this but claim to have put safeguards in place to prevent it from being used contrary to the statue’s ‘intent’, such as being able to look up a person and see all the firearms they own. You can believe that one if you’d like.
Now combine this with a change in FFL retention rules. FFL’s used to be able to dispose of all 4473 records after 20 years. Now, they must retain them in perpetuity and turn them into the ATF when they go out of business. The ATF has also been copying 4473 and A&D records outside of any specific investigations during their normal inspections of FFL’s.
States like California already have their own firearm registry.
So… yes, serializing your firearm ‘registers’ it to you.
Should you serialize your firearm/receiver/frame?
One of the reasons many choose to manufacture their own is to have a firearm the government doesn’t know about. This goes back to the unfortunate truth; registration leads to confiscation. It always has and always will. There is no other reason for firearm registration to exist.
But then there is the reality of life. Not everyone is willing to risk state or federal criminal charges for a self-manufactured firearm. Everyone must look at their own life, job, family, finances, community and myriad other factors to decide if they want risk a potential arrest, prosecution, fines, incarceration or potentially the loss of their Second Amendment rights.
I offer no value judgements here. Everyone must do what they feel is right for themselves. Don’t let anyone tell you otherwise.
Personally, I believe both the ATF’s Final Rule – 2021R-05F and Maine’s LD 1126 are unconstitutional overreaches and should be repealed. If our representatives and courts were doing their jobs and supporting the Constitution and all the sections of the Bill of Rights, this would never have been a problem. But this is what we have to deal with right now.
ATF’s Final Rule – 2021R-05F – https://www.atf.gov/rules-and-regulations/definition-frame-or-receiver
Maine’s LD 1126 – https://legislature.maine.gov/legis/bills/getPDF.asp?paper=HP0745&item=7&snum=132
Bob
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