AR-15 80% lower
Dan Z. for TTAG
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Today, the ATF finally got around to publishing their proposed new rules that would change the definition of a firearm frame or receiver, address the serialization and background check requirements of “home completed” or “readily” completable firearm kits, and would kill off the 80% receiver business.

With the publication of the proposed rules in the federal register, the 90-day public comment period clock has started and the Firearms Policy Coalition would like you to make your voice heard by our benevolent overseers.

From the Firearms Policy Coalition . . .

Today, the Department of Justice published the notice of proposed rulemaking and request for public comment on ATF Rule 2021R-05, entitled “Definition of ‘Frame or Receiver’ and Identification of Firearms.” Individuals can access the Rule and take action to oppose it at StopATF.org. FPC previously issued a statement in response to the announcement of the proposed rule earlier in May.

According to the Department of Justice, the new rule was partly constructed to close a so-called “regulatory loophole associated with . . . un-serialized privately made firearms.” After an initial review of the finalized notice of proposed rulemaking, FPC Law noted that ATF Rule 2021R-05 would, if codified, severely infringe and burden the right of law-abiding Americans to keep and bear arms, as well as give the ATF new powers beyond the law enacted by Congress, particularly with respect to self-built firearms.

Moreover, the ATF’s unconstitutional and unlawful proposed rule 2021R-05 would: 

    • Broadly redefine “firearm frame or receiver” and “frame or receiver” to expand the number and types of items that ATF would consider regulated firearms;
    • Amend ATF’s definitions of “firearm” and “gunsmith” to give the federal government more control over guns, gun owners, and those who provide critical services;
    • Codify new definitions of terms such as “complete weapon,” “complete muffler or silencer device,” “privately made firearm,” and “readily” for purposes of law enforcement and prosecution, and put people in much greater legal risk;
    • Radically change ATF’s regulations on firearm marking/engraving and recordkeeping; and,
    • Allow the ATF to grant itself legal authority to issue new anti-2A rules and regulations outside of the APA regulatory process.

“Just as we did when ATF proposed a rule to change the definition of ‘machinegun,’ FPC will utilize every available resource to thoroughly analyze the proposed rule, fully participate in the rulemaking process, and take aggressive legal action to defend our members and the People if ATF adopts an unlawful rule,” said Adam Kraut, FPC’s Senior Director of Legal Operations. 

To submit a comment to the ATF in opposition to the proposed Rule, please visit StopATF.org. Individuals and affected parties who are interested in becoming a potential plaintiff for FPC legal action should visit FPCPlaintiff.org.

Individuals that are interested in joining FPC in the fight against tyranny can become a member of the FPC Grassroots Army for just $25 at JoinFPC.org.

Firearms Policy Coalition and its FPC Law team are the nation’s next-generation advocates leading the Second Amendment litigation and research space. Some FPC legal actions include:

For more on these cases and other legal action initiatives, visit FPCLegal.org and follow FPC on InstagramTwitterFacebookYouTube.

Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. FPC’s efforts are focused on the Right to Keep and Bear Arms and adjacent issues including freedom of speech, due process, unlawful searches and seizures, separation of powers, asset forfeitures, privacy, encryption, and limited government. The FPC team are next-generation advocates working to achieve the Organization’s strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs. FPC Law (FPCLaw.org), the nation’s largest public interest legal team focused on the Right to Keep and Bear Arms, lead the Second Amendment litigation and research space.

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34 COMMENTS

    • I’m not sure, I *think* that would require a law…

    • ” Land of the free and home of the brave ” has become ” land of the cucked and temporary housing for compliant cowards “. Oh well. I asked a guy what he thinks is the biggest problem today in America, whether it was ignorance or apathy ? He said, ” I dont know and I dont care “. Oh well, again.

    • I’m not seeing that it changes much at all other than not being able to buy a kit that includes an 80% receiver and the rest of the parts to make a complete gun.

      Here are a couple excerpts that pertain:

      “ Such privately made firearms have and will continue to make their way to the primary market in firearms throughout the licensed community.[68] At the same time, consistent with the intent of the GCA,[69] nothing in this rule would restrict persons not otherwise prohibited from possessing firearms from making their own firearms at home without markings solely for personal use (not for sale or distribution) in accordance with Federal, State, and local law.[70] ”

      “ Based on current marketing related to the unregulated sale of certain firearm parts kits, ATF anticipates that these non-FFLs would either become FFLs to sell regulated frames or receivers or complete weapons (either as kits or fully assembled), or would take a loss in revenue to sell unregulated items or parts kits that do not contain a frame or receiver (i.e., unregulated raw materials or molds, fire control components, barrels, accessories, tools, jigs, or instructions), but not both. ”

      It seems like all the text about marking personally made firearms is in the context of them being transferred from the maker to an FFL.

      I also saw where they intend to remove the 20 year record keeping requirement. Isn’t that text in the law?

  1. Well we spend lots of time and moola assembling, experimenting and tweaking builds with ready made receivers. Any more work would be a buzzkill so hats off to those who go the extra mile. Actually finishing an 80% is an education about what it takes to manufacture products in a take it for granted do it for me world. So from my perspective and opinion about the situation the ATF is a real buzzkill.

  2. The FPC is defending our Constitution. Heros! Deserving our dollars. Yes, I donate.

    The ATF, wants to hear our opinions like a shark asking permission to take a bite out of you. So, let’s deluge them and give them indigestion.

    BTW, a recent government- funded study concluded that sharks will only attack you when you are wet.

    Keep your powder and yourself, dry.

    • I posted a comment on the government website and did the FPC print and send letter thing. Both with my real name. Both stating that I do not intend to comply with any new rule, regulation, or law. I think some famous guy once said something like “We must, indeed, all hang together or, most assuredly, we shall all hang separately.”

  3. Here is my comment to ATF: Alcohol, Tobacco, Firearms should be a sign on a family store window, not the name of the federal agency.

  4. I will not comply.

    3D printer goes BRRRRR

    Government gets mad when you work around their ways to make money.

    Come and take them.

  5. Will this new proposal require AR15 Uppers to be registered with serial numbers?

    I can’t determine if that’s a case here.

    Much appreciated to anyone who can clarify. Thanks y’all.

    • I am still parsing through this mess, it seems like the end of buying a pre-built upper online without going through an FFL, if they get their way.

      • No. It seems everyone is is misinterpreting things. The proposed new rules give them the leeway to define any of those parts as the firearm for a particular gun. They don’t want to get caught in court with their pants down not being able to say an AR-15 lower is a gun. The language clearly states they do not intend to change what parts of a gun are considered the gun. AR-15 uppers are not going to be serialized (at least under these rules). On a new gun, they may say “the upper on this particular model of gun is the serialized gun,” but they have not demonstrated an intent to have more than one part of a particular gun model be declared the gun. A lot of FIUD and confusion around this…

  6. It’s going to suck when they ban gunm parts like triggers and springs and magazines. theBiden is way worse then Bill clitoon.

    • No. At worst they will add the names of those who comment to the “raid first” list. Do it anyway. If that list gets too long they will reconsider.

      • That list is already including everyone from infants to senior citizens for simply using “keywords” on the phone. They will never reconsider.

        Just accept the fact you are being spied on and flip em the bird. If they want to ruby ridge me, I’ll take as many as I can before I go.

  7. ATF is already playing games with the comments. The quietly moved the link to the comments page once already.

  8. WHERE IS THE LINK TO THE .gov COMMENTING PAGE FOR THAT SPECIFIC PROPOSAL?

    No-one seems to want to list it, and I can’t find the damn thing.

    Anyone?

  9. It’s like anything else the libtards propose.

    Patriots will totally disregard these regulations, just like the libtards disregard all the regulations. Why should they have all the fun?

    I don’t give 1 ounce of poop about all this crap. I’ll do what I want.

    • So are we altering that meme for the “keys to happiness” now?

      New version reads as: “Snort lines, bang nines and manufacture unregistered receivers”?

      I’m cool with it, I just wanna make sure I get it all right when memeing away on other websites. I miss quite a few memos on stuff like this, it seems.

    • “Patriots will totally disregard these regulations, just like the libtards disregard all the regulations.”

      I foresee many women divorcing their husbands and, simply out of spite, drop a dime on their hubby…

  10. Delta Team Tactical has a sale on 80% lowers in the white for $45 each as well as the jig by Anderson for $90. I ordered 2 plus the jig, help them sell out at that price!

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