(d) Gunsmith. A person who, as a service performed on existing firearms not for sale or
distribution, devotes time, attention, and labor to repairing or customizing firearms, making
or fitting special barrels, stocks, or trigger mechanisms to firearms, or placing marks of
identification on privately made firearms in accordance with this part, as a regular course
of trade or business with the principal objective of livelihood and profit, but such term shall
not include a person who occasionally repairs or customizes firearms (including
identification), or occasionally makes or fits special barrels, stocks, or trigger mechanisms to
firearms. In the case of firearms for purposes of sale or distribution, such term shall include
a person who performs repairs (e.g., by replacing worn or broken parts) on complete
weapons, or places marks of identification on privately made firearms, but shall not include
a person who manufactures firearms (i.e., frames or receivers or complete weapons) by
completion, assembly, or applying coatings, or otherwise making them suitable for use,
requiring a license as a manufacturer;
Required Markings on PMFs
The Final Rule amends the regulations to require all FFLs to identify (mark) any PMF they take
into their inventory. This requirement will allow licensees to comply with GCA recordkeeping
requirements when accepting PMFs and allow ATF to trace those firearms through licensees’
records if involved in a crime.
Licensees who take a PMF into inventory are required to mark the PMF with an individual serial
number that begins with the FFL’s abbreviated license number, which is the first three and last
five digits, as a prefix to a unique identification number, followed by a hyphen, e.g., “12345678-
[unique identification number]” in accordance with 478.92. The markings must be completed
no later than seven days upon receipt or before the date of disposition, whichever is sooner.
Notably, licensees are not required to mark PMFs received for same day adjustment or repair and
returned to the person from whom it was received.
The Final Rule amends 27 CFR 478.92(a):
(2) Privately made firearms (PMFs). Unless previously identified by another licensee in
accordance with, and except as otherwise provided by, this section, licensees must legibly
and conspicuously identify each privately made firearm or “PMF” received or otherwise
acquired (including from a personal collection) not later than the seventh day following
the date of receipt or other acquisition, or before the date of disposition (including to a
personal collection), whichever is sooner. PMFs must be identified by placing, or
causing to be placed under the licensee’s direct supervision, an individual serial number
on the frame or receiver, which must not duplicate any serial number placed by the
licensee on any other firearm. The serial number must begin with the licensee’s
abbreviated Federal firearms license number, which is the first three and last five digits,
as a prefix to a unique identification number, followed by a hyphen, e.g., “12345678-
[unique identification number]”. The serial number must be placed in a manner
otherwise in accordance with this section, including the requirements that the serial
number be at the minimum size and depth, and not susceptible of being readily
obliterated, altered, or removed. An acceptable method of identifying a PMF is by