Bubbles
Member
I want to see someone slap an upper on an airsoft lower and fire it - without getting hurt.
U.S. Department of Justice
Bureau of Alcohol, Tobacco,
Firearms and Explosives
Office of the Director
Washington, DC 20226
18 U.S.C. 921(a)(3): DEFINITIONS (FIREARM)
27 CFR 478.11: DEFINITIONS (FIREARM FRAME OR RECEIVER)
Air gun (i.e., a gun that expels a projectile using compressed air,
carbon dioxide, propane, or similar gas) replicas of AR/M-16 variant
firearms that provide housing for a hammer and firing mechanism with
substantially the same design as AR/M-16 variant firearm receivers, and
mounting points for attaching an upper assembly containing a barrel and
bolt, are "firearm frames or receivers," and are, therefore, "firearms,"
as that term is defined by 18 U.S.C. 921(a)(3)(B), and its implementing
regulation, 27 CFR 478.11.
ATF Rul. 2010-4
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has
received requests for evaluation and classification of air gun replicas
of AR/M-16 variant firearms. Specifically, ATF was asked whether these
air guns are considered "firearms" under Federal law.
The M-16 is a military style combat machinegun. The AR style firearm is
a semi-automatic version of the M-16, and both are produced using a
variety of model designations. ATF evaluated two air gun replicas of
AR/M-16 variant firearms. These particular air guns are manufactured
with non-ferrous metal and duplicate the appearance of various types of
AR and M-16 rifles. They are designed to expel projectiles using
compressed air, carbon dioxide, propane, or similar gas.
The first sample ATF examined was an air gun replica of an M-16 rifle
that has the physical features of an M-16 firearm. It has all M-16
fire-control assembly pin holes formed or indexed for fire-control
components (i.e., hammer, trigger, disconnector, selector lever, and
machinegun sear). It utilizes fire-control components that differ only
slightly in design from M-16 fire-control components. The receiver of
this air gun is identical to an M-16 receiver, except for two features.
The slot for the bolt-stop has been altered to make room for a
proprietary bolt-stop by reducing the height of the wall separating the
fire control cavity from the magazine well. Also, the ledge has been
removed from the fire-control cavity upon which an M-16 machinegun sear
would normally sit.
In conducting the evaluation of sample #1, the upper assembly was
removed, the existing bolt-stop was removed to allow movement of the
hammer, and an M-16 upper assembly was installed. A test fire was then
performed with the original automatic fire sear, and the test
demonstrated that the sample was capable of firing a conventional .223
caliber cartridge semi-automatically, expelling a projectile by the
action of an explosive. The original automatic fire sear was then
replaced with an M-16 machinegun sear. A second test firing was
performed, and the test demonstrated that the sample was capable of
firing semi-automatically, expelling a projectile by the action of an
explosive. Sample #1 did not expel more than one projectile by a single
function of the trigger and is not a "machinegun" as defined in 26
U.S.C. 5845(b).
The second sample ATF examined was an air gun replica of an M-16 rifle
that has the physical features of an M-16 firearm. It has all M-16
fire-control assembly pin holes formed or indexed, and utilizes a
proprietary drop-in fire-control mechanism that did not include an
automatic-fire sear. The receiver of this air gun is identical to an
M-16 receiver, except for two dimensions. The length between the
takedown pins is approximately 1/8 longer than on an M-16 receiver, and
the width of the fire-control cavity is approximately 0.31 greater than
an M-16 receiver.
ATF conducted a test of this air gun. In conducting the evaluation of
this sample, the upper assembly was removed, the proprietary drop-in
fire-control mechanism was removed, the proprietary bolt-stop was
removed, the indexed pin holes were drilled to allow installation of
M-16 fire-control components, and an M-16 upper assembly was installed.
A test fire was then performed, and the test demonstrated that the
sample was capable of firing semi-automatically, expelling a projectile
by the action of an explosive.
The Gun Control Act of 1968, 18 U.S.C. 921(a)(3), and its implementing
regulation, 27 CFR 478.11, define the term "firearm," in part, as "any
weapon...including a starter gun...which will or is designed to or may
readily be converted to expel a projectile by the action of an
explosive; (B) the frame or receiver of any such weapon..." Under 27 CFR
478.11, the term "firearm frame or receiver" is defined as "[t]hat part
of a firearm which provides housing for the hammer, bolt or breechblock,
and firing mechanism, and which is usually threaded at its forward
portion to receive the barrel."
The air gun replicas of AR/M-16 variant firearms examined have the
appearance, dimensions, and substantially the same design as AR/M-16
variant firearm receivers and completed weapons. The air gun replicas
provide housing for a hammer and firing mechanism, and mounting points
for attaching an upper assembly containing a barrel and bolt. Because
the air gun replicas provide housing with substantially the same design
as AR/M-16 variant firearm receivers, they incorporate firearm
receivers. Moreover, though not necessary for classification, once the
upper assemblies (and, in the second sample, fire-control components)
were installed and test fired, they both expelled projectiles by the
action of an explosive. Because the air gun replicas of the AR/M-16
variant firearms incorporate firearm receivers, they are "firearms," as
defined by the Gun Control Act of 1968, 18 U.S.C. 921(a)(3), and its
implementing regulation, 27 CFR 478.11.
Held, air gun (i.e., a gun that expels a projectile using compressed
air, carbon dioxide, propane, or similar gas) replicas of AR/M-16
variant firearms that provide housing for a hammer and firing mechanism
with substantially the same design as AR/M-16 variant firearm receivers,
and mounting points for attaching an upper assembly containing a barrel
and bolt, are "firearm frames or receivers," and are, therefore,
"firearms," as that term is defined by 18 U.S.C. 921(a)(3)(B), and its
implementing regulation, 27 CFR 478.11.
To the extent this ruling is inconsistent with any prior
classifications, they are hereby superseded.
Date approved: November 5, 2010
Kenneth E. Melson
Deputy Director
U.S. Department of Justice
Bureau of Alcohol, Tobacco,
Firearms and Explosives
Office of the Director
Washington, DC 20226
18 U.S.C. 921(a)(3): DEFINITIONS (FIREARM)
27 CFR 478.11: DEFINITIONS (FIREARM FRAME OR RECEIVER)
Air gun (i.e., a gun that expels a projectile using compressed air,
carbon dioxide, propane, or similar gas) replicas of AR/M-16 variant
firearms that provide housing for a hammer and firing mechanism with
substantially the same design as AR/M-16 variant firearm receivers, and
mounting points for attaching an upper assembly containing a barrel and
bolt, are "firearm frames or receivers," and are, therefore, "firearms,"
as that term is defined by 18 U.S.C. 921(a)(3)(B), and its implementing
regulation, 27 CFR 478.11.
ATF Rul. 2010-4
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has
received requests for evaluation and classification of air gun replicas
of AR/M-16 variant firearms. Specifically, ATF was asked whether these
air guns are considered "firearms" under Federal law.
The M-16 is a military style combat machinegun. The AR style firearm is
a semi-automatic version of the M-16, and both are produced using a
variety of model designations. ATF evaluated two air gun replicas of
AR/M-16 variant firearms. These particular air guns are manufactured
with non-ferrous metal and duplicate the appearance of various types of
AR and M-16 rifles. They are designed to expel projectiles using
compressed air, carbon dioxide, propane, or similar gas.
The first sample ATF examined was an air gun replica of an M-16 rifle
that has the physical features of an M-16 firearm. It has all M-16
fire-control assembly pin holes formed or indexed for fire-control
components (i.e., hammer, trigger, disconnector, selector lever, and
machinegun sear). It utilizes fire-control components that differ only
slightly in design from M-16 fire-control components. The receiver of
this air gun is identical to an M-16 receiver, except for two features.
The slot for the bolt-stop has been altered to make room for a
proprietary bolt-stop by reducing the height of the wall separating the
fire control cavity from the magazine well. Also, the ledge has been
removed from the fire-control cavity upon which an M-16 machinegun sear
would normally sit.
In conducting the evaluation of sample #1, the upper assembly was
removed, the existing bolt-stop was removed to allow movement of the
hammer, and an M-16 upper assembly was installed. A test fire was then
performed with the original automatic fire sear, and the test
demonstrated that the sample was capable of firing a conventional .223
caliber cartridge semi-automatically, expelling a projectile by the
action of an explosive. The original automatic fire sear was then
replaced with an M-16 machinegun sear. A second test firing was
performed, and the test demonstrated that the sample was capable of
firing semi-automatically, expelling a projectile by the action of an
explosive. Sample #1 did not expel more than one projectile by a single
function of the trigger and is not a "machinegun" as defined in 26
U.S.C. 5845(b).
The second sample ATF examined was an air gun replica of an M-16 rifle
that has the physical features of an M-16 firearm. It has all M-16
fire-control assembly pin holes formed or indexed, and utilizes a
proprietary drop-in fire-control mechanism that did not include an
automatic-fire sear. The receiver of this air gun is identical to an
M-16 receiver, except for two dimensions. The length between the
takedown pins is approximately 1/8 longer than on an M-16 receiver, and
the width of the fire-control cavity is approximately 0.31 greater than
an M-16 receiver.
ATF conducted a test of this air gun. In conducting the evaluation of
this sample, the upper assembly was removed, the proprietary drop-in
fire-control mechanism was removed, the proprietary bolt-stop was
removed, the indexed pin holes were drilled to allow installation of
M-16 fire-control components, and an M-16 upper assembly was installed.
A test fire was then performed, and the test demonstrated that the
sample was capable of firing semi-automatically, expelling a projectile
by the action of an explosive.
The Gun Control Act of 1968, 18 U.S.C. 921(a)(3), and its implementing
regulation, 27 CFR 478.11, define the term "firearm," in part, as "any
weapon...including a starter gun...which will or is designed to or may
readily be converted to expel a projectile by the action of an
explosive; (B) the frame or receiver of any such weapon..." Under 27 CFR
478.11, the term "firearm frame or receiver" is defined as "[t]hat part
of a firearm which provides housing for the hammer, bolt or breechblock,
and firing mechanism, and which is usually threaded at its forward
portion to receive the barrel."
The air gun replicas of AR/M-16 variant firearms examined have the
appearance, dimensions, and substantially the same design as AR/M-16
variant firearm receivers and completed weapons. The air gun replicas
provide housing for a hammer and firing mechanism, and mounting points
for attaching an upper assembly containing a barrel and bolt. Because
the air gun replicas provide housing with substantially the same design
as AR/M-16 variant firearm receivers, they incorporate firearm
receivers. Moreover, though not necessary for classification, once the
upper assemblies (and, in the second sample, fire-control components)
were installed and test fired, they both expelled projectiles by the
action of an explosive. Because the air gun replicas of the AR/M-16
variant firearms incorporate firearm receivers, they are "firearms," as
defined by the Gun Control Act of 1968, 18 U.S.C. 921(a)(3), and its
implementing regulation, 27 CFR 478.11.
Held, air gun (i.e., a gun that expels a projectile using compressed
air, carbon dioxide, propane, or similar gas) replicas of AR/M-16
variant firearms that provide housing for a hammer and firing mechanism
with substantially the same design as AR/M-16 variant firearm receivers,
and mounting points for attaching an upper assembly containing a barrel
and bolt, are "firearm frames or receivers," and are, therefore,
"firearms," as that term is defined by 18 U.S.C. 921(a)(3)(B), and its
implementing regulation, 27 CFR 478.11.
To the extent this ruling is inconsistent with any prior
classifications, they are hereby superseded.
Date approved: November 5, 2010
Kenneth E. Melson
Deputy Director
