To be fair it’s a 2019 article and the ATF finally seems to have figured out it has a problem and has tried to plug the holes.
The fact that the ATF has been inconsistent and has essentially been enforcing “policy” rather law for the last 50 years isn’t a real shocker. The “law” generally consists of statute, regulations and sub regulatory guidance in the form of opinion letters issued by the ATF. However, they can’t just make it up. It has to be consistent with what is in the statute (as well as any committee notes if they exist). Under Chevron deference (high has been around as long as the ATF) they can make an interpretation of the law provided it is not specifically referenced in statute, and it is a reasonable construction based on the statutory language.
In this case, the definition was specified in statute, contained in GCA 1968, although it was a bit muddled by the inclusion of the hammer as while the receiver is the item that holds the bolt and connects to the barrel, it often doesn’t contain the hammer and that is nothing new.
But, when you let attorneys with limited subject matter knowledge start writing regs or giving guidance without proper adult supervision (subject matter experts) things that are often terms of art and or have subtle but important nuances are not understood and you end up with poorly written regulations and guidance that is not consistent.
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Now…to be fair back in 1964 when the treasury Department approved the AR-15 for civilian sales I doubt anyone in the ATF looked at the AR-15 and decided the larger lower should be the receiver. That’s because:
- there was no serial number requirement; and
- no formal definition of “receiver” until the gun control act of 1968; and
- the ATF didn’t even exist until 1972.
With GCA of 1968, the definition of receiver became much more important and the GCA of 1968 would have been a good time to address the issue of split receiver firearms like the AR-15.
Even then it was clear that the definition adopted in GCA 1968 didn’t address firearms like the Winchester 1890, where the hammer wasn’t located in the receiver, meeting only 2 of the 3 criteria in the definition.
In short, the Treasury Department did a really poor job of educating congress on the issue and or did a really poor job of drafting the implementing regulations.
ATF isn’t innocent however as it took them from 1972 to 2022 to make the required definitional changes.
They did that here:
Federal Register
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Definition of “Frame or Receiver” and Identification of Firearms