New Regulation Regarding Unfinished Frames and Receivers Unveiled

ATF Police Raid IMG 2nd instagram.com/atfhq/
ATF Police Raid IMG 2nd instagram.com/atfhq/

WASHINGTON, DC-(Ammoland.com)-Today, surrounded by anti-gun advocates and politicians, President Joe Biden announced new Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) regulations surrounding unfinished frames and receivers.

The new rule will go into effect 180 days from today. It will deal with the manufacture and sale of 80% firearms. Those kits currently in possession of gun owners will not require serialization unless the owner takes it to a gunsmith to have work done to it. The gunsmith would have to serialize the frame to work on it. Also, if the gun owner sells the gun to a licensed dealer (FFL), that firearm will have to be serialized.

It will affect the sale of popular kits from companies such as Polymer80 and JSD Supply. All frames and receivers that are transferred must be serialized, and all commercial sellers must be federally licensed firearms dealers. The kits buyer must fill out an ATF Form 4473 for each receiver.

President Biden set out on his crusade against what he referred to as “ghost guns.” The ATF relates to these products as privately manufactured firearms (PMF). Last April, the President gave the ATF 30 days to develop new rules surrounding unfinished frames and receivers. This act of political theater was to appease anti-gun advocates that were disheartened by the lack of action against guns.

When President Biden was elected, anti-gun advocates expected swift action through Congress since Democrats control both chambers and the executive branch. The filibuster had to be removed in the Senate to get anything through Congress. Through heavily lobbying by gun rights groups, Senate Joe Manchin (D-WV) and others held firm to their pledge not to remove the filibuster.

This inaction forced President Biden to act through executive action. Like President Trump’s action against Bump Stocks, Biden ordered the ATF to change the rules dealing with 80% firearm kits and pistol stabilizing devices. Most in the gun community saw this as the ATF making a de facto law to ban a product that the President did not like.

Members of Congress have spoken out against the new rule. Thomas Massie argues that the federal government doesn’t have the right to prevent someone from making their own firearm. The Congressman also takes issue with what he sees as the President making laws in violation of the US Constitution.

Massie’s tweet reads: “The Constitution does not authorize the federal government to prevent you from making your own firearm. This is a fact that has been recognized for 200+ years. Also, Article 1, Section 1 (literally the first operative sentence in the Constitution) says Congress makes law, not POTUS!”

The ATF will argue that the new rule doesn’t prevent someone from making a homemade firearm. The Bureau is going after what it sees as readily convertible kits. Readily convertible is not explicitly explained in the new rule. What readily convertible entails is left up to the ATF, but it is rumored that the ATF considers anything that takes less than eight hours to convert will be regarded as readily convertible. That ambiguity was a complaint that was not addressed in the new rule. This ambiguity can lead to an abuse of Chevron deference.

Chevron deference means that if a rule is ambiguous, then the agency in charge will get to interpret the regulation how they see fit. It dates to a case dealing with the EPA and Chevron oil. It was never used in a criminal statute until the bump stock rule.

Cody Wilson once said, “3D printing will make gun control obsolete.” He might be right. Gun builders can use readily available STL files to print their own frames using commercially available 3D printers. These printers, such as the Ender 3, can be picked up on sale for as little as $99. Wilson also sells a home CNC machine called the Ghost Gunner and released code a week before SHOT Show, making it possible to mill out 0% lowers on the Ghost Gunner 3.

“This is an illegal rewrite of federal statute,” Wilson told AmmoLand News. “Fortunately, we have been preparing since January with the 0% lowers. With 3D printing and home milling, gun builders will still be able to proceed forward with little change.”

Gun Owners of America (GOA) and Firearms Policy Coalition (FPC) have already formulated plans to sue over the new rule. The Second Amendment Foundation (SAF) is exploring a lawsuit targeting the new rule.

“We do not believe that the Biden Administration has the legal authority to redefine what a gun is,” Alan Gottlieb, SAF Executive Vice President, told AmmoLand News. “Only Congress has that authority. This is a blatant attempt to usurp the constitution. Our attorneys are exploring a lawsuit.”

The White House did not return AmmoLand’s request for comment at the time of publishing.


About John Crump

John is a NRA instructor and a constitutional activist. John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and can be followed on Twitter at @crumpyss, or at www.crumpy.com.

John Crump

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Tank

This and no other is the root from which a tyrant springs; when he first appears he is a protector.
Plato

StLPro2A

If only we had a Ghost President. Hurry up Sleazy, Sniffy, Senile Joey, do a RBG for us. I’ve got my dancin’ shoes on and my bladder is full. Hey, Pigloosi, join he party….a twofer for all road trip!!!!

Bill

So where is the 3D printer for sale for $99? It’s not Amazon??

hoss

Maybe it’s time we went Old Testament on their butts.
IF NOT NOW, WHEN?

Wild Bill

When? Can we wait, brother, until after the midterms, and see if the new House and Senate get rid of FJB?
Once you begin the bloody work that need be done, you can not stop until you win or are dead.

nrringlee

This approach to controlling crime is a classic example of material control versus behavioral control. The progressive movement gave up on the idea of behavioral control of criminals and deviants long ago, way back in the 1920’s and instead shifted to trying to control the things of criminal commerce and activity. It has failed, clearly, in the examples of the prohibition of alcohol and drugs. These examples are front of mind for most but also they believed that by eliminating the things of criminal commerce they can eliminate criminal intent. This is all based upon magical thinking. To control criminals… Read more »

willyd

Now that UNCLE JOEY has come up with another nominee for the ATF, we should start the groundwork to take him out before he gets in like CHIPMAN, another GUN HATER, just what UNCLE JOEY WANTS!!!!!!!!!

Rock

Meantime the thugs, hoodrats and gang bangers are all equipping their Glocks with “switches” making TRUE machineguns….. They DON’T want to have an uproar in the minorities so they go after the law abiding citizens or those making their own semi auto weapons that bother no one. The feds/leo continually turn a blind eye to those actually COMMITTING CRIMES because these criminals (real ones) are doing exactly what the Dems want AND ALLOW them to do and most are FACTUALLY non white so they pass through the revolving doors in an hour. Just part of the open the border, dumb… Read more »

kurzninja

If I had a vehicle that required 8 hours of works and parts before I could drive it, I wouldn’t consider it “readily drivable”. If I had a toilet that required 8 hours of installation and plumbing work done before I could use it, I wouldn’t consider it “readily poopable”. If I bought clothes that required 8 hours of washing and ironing prior to donning it, I wouldn’t consider it “readily wearable”. If I got water from a river that required me to filter and boil it for 8 hours to clean it before drinking it, I wouldn’t consider it… Read more »

2gats

Fjb

Cooter

The illegal ATF should be going after some real criminals like Crackhead Hunter Biden and leave the law abiding citizens alone but of course we have a different set of laws for politicians and their families …LET’S GO BRANDON

Montana454Casull

Hope everybody stocked up on the 80%s that don’t have serial numbers . Including cannons because Joe is scared he will be shot out of one into space by radical Democrats who want the Kamal toe to replace him . Joe believes a couple numbers stamped on a piece of plastic or aluminum will stop violent crime but that’s just a lie they use to take rights from lawbiding Americans . FJB and the deceptive gun grabbing crowd . The only lie they have not used to take 80 % is it’s to protect the children , but its next… Read more »

Arizona

F squad are laying the groundwork to reclassify AR’s, AK’s, all semiauto rifles and pistols as “readily converted to machine guns”. This, suppressors, and the illegal firearm registry through indefinite retention of 4473’s (in violation of FOPA 1986) are this biggest issues of this unconstitutional rule that legislates in place of Congress. On pages 34-35 of final rule, discussing “firearm” and “may readily be converted” see footnote 43. Refers to a number of cases, among them … “UnitedStatesv.Smith,477F.2d399,400–01(8th Cir. 1973)(machine gun that would take around an eight-hour working day in a properly equipped machine shop was readily restored to shoot)”… Read more »

swmft

time for ffls to store all their records in a warehouse and burn it down when full,cross water feeds with a fuel pipeline so fire department helps burn them all

Finnky

I’d prefer to store them somewhere readily accessible to vermin. Mice and rats could shred paper, plus leave behind lots of infected material. As I understand it, disturbed mouse droppings create airborne particulates with potentially lethal viral loading. Here are my boxes. Please wait until I’m at least a mile away before you open any of them. Then please breath deep and enjoy the fresh scents. If that’s not enough – finish up with some cats to chase away the vermin. They’ll scent mark everything, and that smell permeates everything. It is also nasty even without aging – but if… Read more »

Tank

Sure you bet b/c having a corrupt entity investigate itself to convict & punitively punish itself is working craptacularly with unprecedented amazing results.

If you can’t baffle them with BS, bludgeon them with ad homenims.

Then finish them off with rigged troll down votes in the comment sections every time someone uses truth to call them out.

Trotsky, Lenin, Marx, Stalin, Mengele, Gobbels, Himmler et alia would be so proud…

Last edited 1 month ago by Tank
Deplorable Bill

Seems like king george did this before, here in the colonies. When the British military got wind of a weapons cashe they went to seize it. You just can’t have ungrateful, insurrectionist rebels who don’t want to pay extra taxes and complain about the lack of law and justice getting a hold of firearms and cannon, they might start thinking about freedom and deprive the government of their ill gotten gains by means of tyranny. I believe that history repeats itself so there is coming another Lexington and Concord. I wish there were a way around it but the fact… Read more »

JayDubya

Bravo! Here’s hoping there are many determined patriots with your mindset when the tyrants come knocking.

swmft

when all is cleared it will get written first act of defense was the murrah building most people thought that government was under control waco ruby ridge it has been off the rails a long time

JSNMGC

Waiting until “they” come to your door is far too late.

“They” should know now that support for “them” is conditional.

If “they” knew now that support for “them” is conditional, maybe “they” would not come to your door.

willyd

I have a STOCK of BODY BAGS WAITING!

JSNMGC

Ok.

Have you done anything to advance the idea that if enforcers in the U.S. continue to do what enforcers did for Mao, Stalin, Hitler, the Kim family, Pol Pot, etc., they will be ostracized from society?

People have been making the “body bag” comments for decades and enforcers continue to enforce the tens of thousands of gun laws on the books and many of the “body bag” people cheer them on.

It’s odd.

The left is Anti-liberty NOT anti-gun

Could someone please explain the mystical, supernatural properties of serial numbers in preventing crime?

Are they supposed to leap off the metal at a critical moment like a magical crime fighting genie that yells Halt! go no further miscreant and give up yonder life of crime?

Seriously, what does a serial number do aside from help the moonshine, cigarettes and firestick bureaucracy track down innocent people?

If a gun is stolen it won’t do anything except help the dear leader pretend he did something. 

FasterHorses

I was wondering the same thing. How does a serial number help in any way to prevent crime? Criminals that steal firearms obviously don’t care about serial numbers and most are far too lazy and unskilled to actually build a firearm. The only benefit is if a stolen firearm is recovered the serial number could be used to return it to the rightful owner.

swmft

increases taxes so they can pay criminals not to kill people, we are going to have to shoot our way out of this when finished government will be way smaller

Wild Bill

Long time no hear from. Welcome back!

Tionico

which almost never happens Most LE officials fail or refuse to return guns identified as stolen, then used in crimes. But does anyone here really think they administer appropriate and just punishment for the CRIME committed with the use of that stolen gun? Of course not. Chicago recently revealed a tale of a three plus year investigation of a certain handgun. They KNEW it was being used in a long string of shootings, over about three years. Every time it turned up being used, they’d trace it back to this one certain file, but they had NO IDEA what it… Read more »

GmanNM

Anyone ever been to a .gov shooting range where the shooters are all using firearms with the same maker, model, generation, and caliber? If so, have you ever grabbed some brass from different shooters positions and denoted what position the brass was recovered? If so, have you ever used high power microscopic tools and looked at the nearly identical markings left on all those effectively identical expended cases? If so, have you ever wondered just how anyone who wasn’t present when the spent brass was deposited could possibly identify which particular firearm of all those identical specimens created which piece… Read more »

Last edited 1 month ago by GmanNM
Bobocat

OK, here is the explanation.