The thing to keep in mind is this: definitions may not be identical, even from one federal statute to a seemingly parallel federal regulation. The same can be true when comparing a federal definition to a state or local definition of the same word.

How can there be conflicting definitions of the same word?

Some definitions of the same word that appear to be different have evolved over time.  A new feature or material used in firearms design may have emerged, for example.  Or, the later definition can be a correction of a previous ambiguity or omission.  Or, it could be that insufficient research was conducted or too many late amendments were made prior to enacting the definition.

There are numerous explanations for how you can end up looking at different definitions of the same word.  What matters is how you reconcile the conflicting definitions.  What not to do is to ignore one you don’t like in favor of one you do like.

There is a general group of rules of thumb to help you understand what you are looking at when definitions conflict.  Again, these are only general and may not apply to an individual situation.

• Federal over state over local, unless the smaller governmental unit is more restrictive than the restrictive federal provisions;
• Specific language over general language; and,
• Law over regulation over guidance document.
• Note:  another set of rules of thumb apply when we’re talking about definitions that appear in judicial rulings.

Got it?

Let’s take one example, directly from two federal sources.  Here’s the first sentence of the definition of “firearm” in the Gun Control Act:  “The term “firearm” means (1) a shotgun having a barrel or barrels of less than 18 inches in length; (2) a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length; (3) a rifle having a barrel or barrels of less than 16 inches in length; (4) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length; (5) any other weapon, as defined in subsection (e); (6) a machinegun; (7) any silencer (as defined in section 921 of title 18, United States Code); and (8) a destructive device.”

Compare that to the first sentence of the definition of “firearm” in the accompanying federal regulations at 27 CFR 479.11, as follows:  “Firearm.  (a) A shotgun having a barrel or barrels of less than 18 inches in length; (b) a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length; (c) a rifle having a barrel or barrels of less than 16 inches in length; (d) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length; (3) any other weapon, as defined in this subpart; (f) a machine gun; (g) a muffler or a silencer for any firearm whether or not such firearm is included within this definition; and (h) a destructive device.”

Are these two sentences the same?

If you said, “same,” go back and reread “7” in the GCA and “(g)” in the regulation.  These clauses are different by two words.  Both definitions of “firearms” will apply, including the additional term of “a muffler” found at clause “(g.)”  The added specificity of the “muffler” in the regulatory definition makes it part of the governing, federal definition of a “firearm.”

Through this two-part blog on gun definitions and how to read them, we’ve tried to show you the importance of careful reading of compliance materials relevant to your Federal Firearms License.

rev. 7/15/2013