Posted on 12/29/2022 1:42:01 PM PST by absalom01
The boys and girls at F-Troop in D.C. have issued another edict from on high concerning 80% striker-fired semi-auto pistol frames. With another waive of the regulatory wand, all of those folks with Polymer80 and Lone Wolf kits now face new regulations in a rule change from our benefactors at Biden’s Bureau of Alcohol, Tobacco, Firearms, Explosives and Really Big Fires.
Here’s the money quote for those who think the whole letter is too long . . .
Partially complete Polymer80, Lone Wolf, and similar striker-fired semiautomatic pistol frames, including, but not limited to, those sold within parts kits, are regulated by the Gun Control Act (GCA) because they have reached a stage of manufacture where they “may readily be completed, assembled, restored, or otherwise converted” to a functional frame.
In other words, they’re re-re-defining their definition of a firearm, despite years of people building partially completed (80%) guns at home without government regulation. Just like people used to do without government intrusion back in 1791 and before. (cough… West Virginia v. EPA and New York State Rifle and Pistol Association v. Bruen…cough).
Here’s the ATF’s full letter, dated December 27, 2022.
ATF Issues Open Letter to FFLs to Clarify Application of “Frame or Receiver” Final Rule on Certain Semiautomatic Pistol Frames
WASHINGTON – The Bureau of Alcohol, Tobacco, Firearms and Explosives issued an open letter today to all federal firearms licensees regarding the application of Final Rule 2021-05F, Definition of “Frame or Receiver” and Identification of Firearms, on partially complete Polymer80, Lone Wolf, and similar semiautomatic pistol frames.
In April 2022, the Department of Justice announced a new “Frame or Receiver” final rule, which modernizes the definition of a firearm. The final rule, which went into effect in August 2022, clarifies that parts kits that are readily convertible to firearms are subject to the same regulations as firearms made by a federal firearms licensed manufacturer.
Today’s open letter clarifies to the firearm industry and the public how the August 2022 final rule addresses partially complete, disassembled or nonfunctional semiautomatic striker-fired pistol frames or parts kits manufactured, sold or distributed by Polymer80, Lone Wolf and others.
Partially complete Polymer80, Lone Wolf, and similar striker-fired semiautomatic pistol frames, including, but not limited to, those sold within parts kits, are regulated by the Gun Control Act (GCA) because they have reached a stage of manufacture where they “may readily be completed, assembled, restored, or otherwise converted” to a functional frame.
This definition of “readily” applies to each classification of a partially complete frame or receiver under this rule, whether sold alone or as part of a kit; therefore, even without any associated templates, jigs, molds, equipment, tools, instructions, guides, or marketing materials, these partially complete pistol frames are “frames” and “firearms” as defined in the GCA and its implementing regulations.
“Today’s open letter is another important step in implementing the crucial public safety rule regarding privately made firearms, or Ghost Guns,” said ATF Director Steven Dettelbach. “The partially completed pistol frames described in this open letter are readily convertible to functioning firearms under the Gun Control Act. Ghost Guns can kill like other firearms if they are in the wrong hands, so they are treated as firearms under the law. This means that they must have serial numbers so that law enforcement can trace if they are used in crimes like other guns, and also that those engaged in the business of selling them must be licensed dealers and run background checks.”
If anyone remains unclear about a specific model or configuration, they may submit a request with a sample to ATF, who can only render a formal determination upon receipt of a formal request and physically examining a submitted sample.
ATF regulates the firearm industry and is the lead federal law enforcement agency with jurisdiction involving firearms and violent crimes. More information about ATF and its programs is available at www.atf.gov.
How long this stands before it’s challenged in court under West Virginia v. EPA and/or Bruen is anyone’s guess. It probably won’t be long though. It might even be struck down before Biden leaves office. And wouldn’t that be a shame?
Can regs/rules be challenged at SCOTUS? This obviously would fail the Bruen test.
Ping
80% is pretty arbitrary as well. Can I buy a 75% gun kit?
How about someone bring a case that forces them to define a functional test to determine “readily”? For example, a challenger chooses an employee of their choice from BATFE and if they can’t complete it in 4 hours, it’s not “readily”.
Ping.
Till next month, yes.
That’s the crux of the matter.
The BATFE, under Brandon, has been aggressively pushing regulatory changes that make it impossible to determine in advance what is, and is not legal.
The 80% lower controversy looks utterly reasonable compared to their new definition of what constitutes a “suppressor”. No longer is something defined by its physical properties, but by the “intentions” of the person possessing it.
A grotesque mockery of the rule of law, but that’s cold comfort to the individual caught up in an “enforcement action” by the Federal Government.
Dark times indeed.
That went away for certain in 1933 if not before.
All the folk who tolerate and even defend the NFA-34 set us up for the current regime and eventual loss of all our RKBA.
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Unfortunate, but “Readily” is true in this case.
Having completed some of these kits I know that the frame portion can be done with a hand file and drill if no better equipment is available.
It takes longer to assemble the parts than to mod the frame with decent equipment.
Then more time to get it to work right.
So not too difficult if you know what you are doing, but could be pretty frustrating for a first timer.
Absolutely it can be challenged. The definition of a receiver is law and the FAT may not change a law with a rule change.
No enumerated power for the federal to regulate the possession of arms by the citizens.
Saw this earlier today. Unsettling.
My favorite LIE from the ATF website “Myths about the AFT.”
“ATF makes the gun laws.
False: Congress makes federal gun laws;”
OH... Since it’s just a “rule” it’s not a law...
Those P80 frames can be finished in under an hour.
Ghost Guns are legal, 3D printers are cheap, PLA+ filament is strong.
Langley Outdoors Academy 8 minute clip has a different perspective that the ATF has overreached based on another lawsuit. Not that has ever happened /s.
He does look for subscribers and
https://www.youtube.com/watch?v=RxvHbf-uNHU
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