U.S.A. -(AmmoLand.com)- On April 11, the Biden Administration announced the finalization of a new firearm rule, and a new nominee to head the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”). The rule, ATF 2021R-05, is substantially the same as when it was proposed last May.
There has been a fair bit of confusion about what the rule does because it changes a number of core definitions in federal law (including the definition of “firearm”). Here are the basics of what the rule does and does not do:
The rule does:
- Effectively ban certain parts, often referred to as “80% receivers,” that assist individuals in making their own firearms. Under the rule, even receivers that clearly cannot yet function as part of a firearm would be treated legally as a “firearm” under federal law.
- Change a number of definitions in federal law that will, going forward, affect which part of a new firearm design will be considered the “frame or receiver.”
- Require licensed dealers who come into possession of unserialized firearms to place a serial number on the firearm within seven days. Under current law, only licensed importers and manufacturers are required to mark firearms that they import or manufacture.
- Require the indefinite retention of firearm transaction records by licensed dealers. Under current law, records can be destroyed after 20 years.
The rule does not:
- Require that AR-15 upper receivers are treated as “firearms.” The proposed rule indicated that ATF intended to consider some firearms as having more than one “frame or receiver.” In response to comments from NRA and others, ATF has abandoned that provision. All existing firearm designs have their current “frame or receiver” classification “grandfathered” under the final rule. Only new firearm designs will be subject to the new “frame or receiver” definitions.
- Ban the home manufacture of firearms. ATF admits that they do not have the authority to ban home firearm manufacturing. Firearms made by individuals who are not Federal Firearm Licensees, whether made by additive manufacturing or other means, are still not subject to the marking and recordkeeping requirements of federal law.
When the rule was announced, a copy appeared on the ATF’s website, but it has yet to be posted to the Federal Register. Until it is posted, it is not technically finalized. It will take effect 120 days from the date it is posted in the register.
As NRA pointed out in comments on the proposed rule, we strongly oppose this bureaucratic power grab by the Biden Administration and think that large portions of the rule are unlawful because they go well beyond the authority that ATF has been granted by statute. NRA intends to pursue all available means to prevent this rule from going into effect or to block its enforcement.
About NRA-ILA:
Established in 1975, the Institute for Legislative Action (ILA) is the “lobbying” arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess, and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution. Visit: www.nra.org
The entire rule is unconstitutional, and Chevron deference does not apply, as Congress has already defined these words in statute… further, the BATFE is writing criminal law, resulting in 10yrs prison for violations, which again is not permitted for chevron according to SCOTUS.
ATF agents and politicians need to be serialized. As in a prisoner number.
I disagree. The rule does not ban 80% receivers nor consider them a firearm receiver if sold alone. Only if the receiver is solid with a jig, tools or instructions does it become considered a firearm and subject to serial number and background check. Which is totally unconstitutional. The presence of Tools make it a firearm! LMFAO. FBATFE.
Could care less what the BATFE has to say, have no intention of following any of their “rules”.
“we strongly oppose this bureaucratic power grab by the Biden Administration and think that large portions of the rule are unlawful” But we’ll gladly Negotiate Rights Away with the rest of the ‘rules’.
They are grandfathered in, until they are not!
I wonder how much the NRA had to do with this?
By doing this It seems to be a prelude to complete confiscation.
Lousy CRBs.
IF NOT NOW, WHEN?
Welcome to Biden’s and the Demon Rats USSA!
A block of anything now requires a serial number.
As in 1993-1994 when the Clinton greedy swine wanted to end about everything; Same scenario.
Mfgs ramp up war time production, play by the despotic rules of another subversive Democrat regime. Hi cap mags, receivers, ammo etc etc. this corrupt federal govt. must see the citizens own the country and will not be denied our rights.