Citing an “epidemic” of ghost gun-related crimes, the ATF is set to roll forward with a plan that would require the serialization of 80% kits and parts, among other measures.
But what is the Final Rule, when did it go into effect, and what does it mean for gun owners?
Keep reading for a full breakdown…
Editor’s Note: We are not lawyers and the information below is not intended to be taken as legal advice. As always, do the research on your local and state laws and consult an attorney for
Table of Contents
80% Kits, Frames, & Receivers: 2021R-05F
80% receivers and kits – commonly referred to as “ghost guns” by anti-gun politicians and gun groups – comprise a large part of the Final Rule released by the ATF.
It’s worth noting that though the rule was published by the Federal Registrar in April and enacted on August 24, 2022, the ATF made some changes just days before it was set to be implemented.
And that’s where a lot of confusion arose…
The Final Rule, 2021R-05F, initially defined a ghost gun as any unserialized privately made gun – to include 80% parts, kits, or 3D printed firearms.
The rule dictated that 80% receivers and kits are now reclassified as “firearms,” placing them under the Gun Control Act.
This classification required serialization of 80% frames and lowers by 80% manufacturers and also would force consumers to undergo background checks prior to purchasing these parts and kits from an FFL.
The Final Rule also stated that dealers or gunsmiths taking unserialized guns into inventory must serialize them before reselling them.
Pointing to a proliferation of gun violence at the hands of “ghost guns,” Deputy AG Monaco said it was the number one priority of the Justice Department to keep Americans safe and that tackling 80% kits and receivers is the first step.
“One such critical step is reigning in so-called ‘ghost guns.’ These are guns that have no serial numbers; they are nearly impossible for law enforcement to trace. Many are sold without a background check. They are accessible to almost anyone,” Monaco said.
“For years, criminals have sought out these unmarked guns to murder and maim. That’s why today Attorney General Garland has signed a rule that updates our regulations to keep up with changes in technology. The goal: to keep untraceable guns off the streets – out of the hands of criminals and others prohibited by law from possessing a firearm.”
Biden pointed to ATF reports to bolster his argument against 80% kits. The data, he said, suggested that less than 1% of “ghost guns” have been traced by the ATF. Further, he said law enforcement reported “20,000 suspected ghost guns” to the ATF – a tenfold increase from 2016.
When addressing the 80% ruling, Biden gestured to an 80% kit sitting on a nearby table in the Rose Garden, likening the kits to couches and emphasizing his opinion that these kits were all too easy to assemble.
“You know, if you buy a couch you have to assemble, it’s still a couch. If you order a package, like this one over here, that includes the parts you need, the directions for assembling a functioning firearm, you bought a gun,” he explained.
“It’s not hard to put together. A little drill — hand drill at home. It doesn’t take very long. Anyone can order it in the mail…And, folks, a felon, a terrorist, a domestic abuser can go from a gun kit to a gun in as little as 30 minutes.”
Are Privately Made Guns Illegal?
The Final Rule also states that dealers or gunsmiths taking unserialized guns into inventory must serialize them before reselling them.
Basically, FFLs would be required to serialize any personally made firearms in their inventory “not later than the seventh day following the date of receipt or other acquisition.”
For individual gun owners who 3D printed or otherwise created their own personally made, private firearms…you do not have to serialize.
What About 80% Lowers & Kits…Are Those Banned?
This is where things get a little murky…
Before we dive in, remember that state and local laws sometimes differ, so ALWAYS consult your area’s laws before proceeding or, better yet, call up a local firearms attorney to help you out in understanding your local laws.
When defining what makes a part a frame or receiver and therefore places it under the GCA, the ATF says a frame or receiver is:
- A frame or receiver parts kit containing a partially complete or disassembled billet or blank of a frame or receiver that is sold, distributed, or possessed with a compatible jig or template is a frame or receiver, as a person with online instructions and common hand tools may readily complete or assemble the frame or receiver parts to function as a frame or receiver.
- A partially complete billet or blank of a frame or receiver with one or more template holes drilled or indexed in the correct location is a frame or receiver, as a person with common hand tools may readily complete the billet or blank to function as a frame or receiver.
- A complete frame or receiver of a weapon that has been disassembled, damaged, split, or cut into pieces, but not destroyed in accordance with paragraph (e), is a frame or receiver.
On the other hand, a part that is NOT a receiver would be:
- A billet or blank of an AR-15 variant receiver without critical interior areas having been indexed, machined, or formed that is not sold, distributed, or possessed with instructions, jigs, templates, equipment, or tools such that it may readily be completed is not a receiver.
- A flat blank of an AK variant receiver without laser cuts or indexing that is not sold, distributed, or possessed with instructions, jigs, templates, equipment, or tools is not a receiver, as a person cannot readily fold the flat to provide housing or a structure for the primary component designed to block or seal the breech prior to initiation of the firing sequence.
We get it; the language is confusing and somewhat vague.
So the TL;DR version is that as long as 80% parts are not accompanied by jigs or instructions, it doesn’t cross the boundaries of the ATF’s Final Rule…at least at this point in time.
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Prices accurate at time of writing
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What This Means for Gun Owners
As of right now, as long as you live in a state that permits it, you can still buy an 80% part and get it delivered to your door…but, again, without the jig or instruction manual.
There are also several lawsuits in the works challenging the rule as illegal.
In fact, 80% Arms just joined a suit – VanDerStok v. Garland, led by the Firearms Policy Coalition.
“We are done with the illegal antics of the ATF. We are done watching them chip away at the rights of our customers and the law abiding citizens of America. We are done watching them work to destroy not only our family-owned business but the cultural values that make for our way of life,” 80% Arms said on its site.
Will the rule be completely overturned? Only time will tell…
As always, we’ll keep this article updated with the most relevant information as we get it.
Biden’s Comprehensive Gun Plan
In addition to targeting 80% kits, the Biden administration also introduced other measures targeting “gun violence.”
FFLs Must Retain Records
Under the new actions, federal firearms licensees would be required to retain records for the entirety of their business.
Previously, FFLs could dispose of records after 20 years.
Now, records must be kept until the FFL closes-up shop, at which point, records must be handed over to the ATF.
The Department of Justice says this change will better allow the ATF and law enforcement to trace firearms found at crime scenes.
Currently, DOJ reports more than 1,300 firearms a year are untraceable due to legally destroyed records.
Fiscal 2023 Budget Adjustments
Biden also detailed executive actions that would bolster financial support for his gun violence prevention strategy.
Adjustments to the Fiscal 2023 budget would allow funding for increased law enforcement presence on the street, jobs and training for young people, criminal justice reform, mental health services, drug treatment, housing availability, and reentry support for those leaving the prison system.
“These are all demonstrated ways to reduce crime,” Biden before urging local governments to lean on the support of the Rescue Plan.
“And I’m strongly urging cities, states, counties, and Tribes to use the Rescue Plan funding we’ve sent them to do more in each of these areas. And they need to do more and do it quickly, before the summer, when crime typically surges around America.
Biden Calls on Congress to Ban Assault Weapons & High-Capacity Magazines
The President also wagged his finger at Congress, calling on representatives to “take responsibility” and adopt a hard stance on guns.
Biden said Congress should pass measures on universal background checks in addition to banning high-capacity magazines and “assault weapons.” Reiterating an oft-used point of his, Biden emphatically suggested AR-style rifles have no place in civilian hands.
“What — do you think the deer you’re hunting wear Kevlar vests? What the hell you need 20 bullets for? You must be a hell of a terrible shot,” Biden said, detailing an altercation he had with a hunter in Delaware.
“No, I’m serious. Think about it. Think about the mass shootings. As many as a hundred rounds. It’s a weapon of war. It has nothing to do with recreation.”
Aside from outright bans, Biden also asked Congress to take on the Protection of Lawful Commerce in Arms Act. Under this legislation, gun manufacturers are shielded from lawsuits stemming from criminal or unlawful misuse of their products.
PLCAA does not cover defective products, however.
Biden, alongside other anti-gun politicians and activists, has long begged Congress to remove protections from gun makers calling PLCAA unconstitutional.
That said, the law has routinely ruled in favor of PLCAA every time it’s been challenged.
Read up on the Protection of Lawful Commerce in Arms Act here!
Biden Names Dettelbach as new ATF Director Nominee
Rounding out the flurry of actions, Biden also announced his new nominee for ATF Director – Steve Dettelbach.
We reported a few days ago that Dettelbach was the Biden Administration’s front runner for the position due to his tough stance on guns.
Dettelbach, 57, earned his undergraduate from Dartmouth and his J.D. from Harvard Law.
A former federal attorney for the Northern District of Ohio, Dettelbach has previously called for an all-out assault weapon ban and universal background checks on firearm purchases when he unsuccessfully ran for attorney general of Ohio in 2018.
“Today, to lead and support the dedicated men and women of the
AFT [ATF], I am proud to nominate Steve Dettelbach,” Biden said. “Steve is immensely qualified. He served the Department of Justice for two decades. He worked side by side to support the work of federal, state, and local law enforcement, including AFT [ATF] agents.”
“Steve’s record makes him ready on day one to lead this agency.”
Dettelbach is a favorite among anti-gun groups like Everytown, who applauded his nomination.
“We applaud the Biden-Harris Administration for doubling down on its commitment to gun safety by taking action to rein in ghost guns and nominating an ATF Director who will end its culture of complicity with the gun industry. Steve Dettelbach will be the strong leader the ATF needs to lead a top-to-bottom overhaul of the agency, and we urge the Senate to swiftly confirm him,” John Feinblatt, president of Everytown for Gun Safety, said in a statement.
The Gun Industry Responds
The rest of the gun industry was also swift to respond, expressing extreme disapproval of the Biden Administration’s decision.
The National Shooting Sports Foundation, the industry’s largest professional organization, told Pew Pew Tactical in a statement that it will be watching the final rule closely.
“As proposed, this rule radically alters the manufacturing and compliance processes for manufacturers of traditional firearms, not just the making of incomplete, unfinished parts Congress has not chosen to regulate,” the NSSF said. “NSSF will review the Final Rule carefully to see if DOJ listened and took into consideration the industry’s comments that were submitted.”
Meanwhile, the National Rifle Association said these measures demonstrate a lack of sincerity.
“An administration that’s truly sincere and resolute about curbing violent crime rates would do one thing: take violent criminals off the streets immediately,” Andrew Arulanandam, NRA managing director of public affairs, told Fox News Digital.
“Yet, the Biden administration allows these criminals who kill and maim with callous and reckless abandon, again and again, to roam the streets of Baltimore, Philadelphia, Chicago, New York, San Francisco and other cities large and small across our country without fear of prosecution and punishment.”
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Prices accurate at time of writing
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57 Leave a Reply
ANY gun control should be abolished! Their ignorance based fear is their hurdle to overcome - Not ours! We already have laws against ill-legal ownership with stiff Fed penalties, and their minions of the leftist/marxist Democrats continue to shoot up schools & churches. States MUST accept the US Supremacy Clause and follow SOTUS's rulings and STOP delaying settled law with corrupted appeals court judges the likes of the 9th Circus to enact their false/fake "justice" rulings again out of ignorant fears all their own. When $$$ has no more value - maybe we will have justice in the courts!
Ya, know I think old Joe should have to put a 80% firearm together in 30 minutes or less to demonstrate that it could be done! It should be mandatory to put up or shut up! Besides, it would be great tv if it's televised...
So, reading through the "new infringements" on the 2nd Amendment, it looks like, where permissible by law, one can still purchase an 80% blank. One can also purchase the Jig and/or Bits to complete said blank, but they cannot be purchased together or shipped together. Doing so requires the Blank to be serialized.
OK, it'll be a pain in the butt, but one will have to separate one' purchases by ordering blanks, jigs and bits separately, and probably wait a few days before making a second or third purchase, or order said products split between different vendors.
Is that how everyone else is reading the new rules to?
If Biden really wanted to do something about violent crimes he would mandate enforcement of laws in place rather than make new ones no one is going to enforce.Like the recent mass
Shooting where subject served 6 mos. after a previous mass shooting whoever let him out should get life without parole.Why is Biden even still in office when 14 th Amendment assures office holders trying to infringe on 2nd Amendment not hold office again.
So let me get this straight: Y'all DON'T want background checks and traceable weapons? The America I live in is a land of rational laws and responsibility, not one of mayhem. Support the Second Amendment and responsible gun ownership. We can have both.
The problem with your argument is that the Biden Administration's definition of 'responsible ownership' constantly changes to suit the narrative of the left and Biden's donors.
Thankfully, SCOTUS has already stated that they will not allow bans of firearms that are in common use, and any attempt made by the Biden administration to do so will be struck down as unconstitutional. That includes the AR-15, which was mentioned by name in an opinion by Clarence Thomas issued after the Bruen ruling. It is the most owned MSR in the United States and falls into the common use category.
Whoa there cowboy. This is about traceable weapons. Last time I checked, AR15s are just that: traceable. I have two. A Palmetto and a DD M4. I want to know in who's hands those weapons end up when I sell them. Don't you?
With respect to your 'middle of the road' meme: the Democrat party lost me for good after the 1994 'assault weapons' ban. The encroachments on the 2nd Amendment in the name of safe and "protecting our communities" never stopped after that point. Despite having no felonies to my name, the ATF continues to treat me like one.
I will never vote for another Democrat again.
The AT f is after you? Remind me not to sell you my weapons.
Can't wait until your lot loses in November.
You Democrats represent everything that is wrong with America.
What is a traceable weapon? How is it traceable? Why should it be traceable? Any answer to these questions will be unconstitutional, just ask Justice Thomas.
BTW, not all AR15s are serialized, so how are they traceable? Or just because you happen to own two that doesn't make ALL ARs traceable, does it?
Last time I checked into this I read there are laws in effect against the government being able to keep records on ownership, so again, how are they tracing guns, even those with serial numbers?
Finally, why should we open the door to the government knowing what we own? You can point your finger all you want at the rest of us saying we're paranoid, but only a retard would trust the government at this point, or at the very least a person who chooses to live with their head in the sand.
Exactly us legal gun owners should not have an issue with this at all. It makes everyone subject to the same laws people who buy a gun at a shop have always been subject to. This isnt give some they want more. Its just making everyone follow the same rules. I really dont understand people being against that, i can oly assume there criminals.
"The America I live in is a land of rational laws and responsibility."
Really? Because America has several idiotic laws. In California,
Animals are banned from mating publicly within 1,500 feet of a tavern, school, or place of worship. In Alabama, it is illegal to wear a fake moustache that causes laughter in church.
I could go on and on, but point is this America you live in is not always rational or responsible. This is a country that gives PROBATION to child molesters and rapists.
So moving on.... First, firearms background checks already exist. So you can't exact support 2A if you don't know the basics. Traceable weapons would require a national registry, which is unconstitutional. Millions of guns are used legally. Why should millions of people be required to give their personal information, because of the few thousand criminals that use guns in crimes? The whole point of having an armed population is to keep the govt in check. With a list of what gun owners own, at the behest of the govt, that defeats the purposes of the 2nd Amendment.
People like you who advocate for MORE gun laws, never stop. You get one law and say it's "just one law for safety". And then you want another, and another, and another. There are more laws for firearms than ANY OTHER TOPIC. Including doctors, drug companies, vehicles, and even pilots. All of which cause exponentially more deaths each year, than firearms.
Cars kill tens of thousands every year. Speed and alcohol are the number 1 & 2 contributing factors. I don't hear anyone asking, "Why are cars made to go 100mph? Nobody needs that. We should make a law restricting all cars to 80mph." And I don't hear anyone saying, "Alcohol is just made to get people drunk. We should ban alcohol. And allow manufactures to be sued for alcohol related accidents."
Why doesn't that happen? Because it sounds dumb. Just like banning firearms from millions because some criminals used them to shoot innocent people. Anti-gunners only care about banning things THEY DON'T LIKE.
Responsible gun ownership is only possible with responsible, law abiding citizens. All of these laws don't affect criminals. So to say there needs to be MORE laws to stop criminals, makes zero sense. Your logic is not rational, nor is it responsible.
Amen brother I love ya. And I can't see how all the idiots fall for the Biden scam ,besides why do you think they want to disarm law abiding citizens that should scare all to not give up guns .You don't think unarmed law abiding citizens would be easier to violate do you?
Ignore this guy. Probably a government troll.
Time to vote them out, folks!
WAKE THE HELL UP, AMERIKA, executive agencies, like the one LGB is said to be part of, CANNOT add to or take from law. For them to do so requires them to usurp the powers of the legislative branch, and is a combining of two branches, which even the federal government has defined as tyranny.
The future of gun ownership in America is screwed…
This means you've given up. The freedoms we all hold so dear is worth fighting for! These people will only win if we let them! Get involved, informed and busy! No quit, no surrender, no acquiescence!
There’s no fixing America’s democratic despotism. Tocqueville foresaw it. Voting is a waste of time as Demoblicans=Repucrats=SSDD. Violence is also a waste of time. Yep, I gave up hoping against the willful demise of America’s failed-fixed system. Then again, contrary to what most think, it was designed to do so. Look up: mises.org/wire/rothbard-constitution-was-coup-detat
As long as people like me won't tolerate tyrants, we're going to be all right.
Meaning what? We tolerate an oppressive system on a daily basis and can’t do Jack about it. Voting is worthless and turns us into accomplices if the system. We’re too cowardly for a civil war and wouldn’t have control over what would come afterwards. In the land of the so-called free secession isn’t even allowed! Wake up, America never really was…
Utter stupidity from the Cheater-in-Chief. Anyone who voted for this demented old fool of a globalist puppet deserves everything that is happening today.
The rest of us will carry on as usual. As for the 80% manufacturers, resist. We've supported you, now it's time to support us and ensure your own futures by fighting back against this unconstitutional act.
I have been waiting for a small part of a jig for what seems to be an inordinate amount of time and the company 5D Tactical has gone incommunicado. Item's not listed as "out of stock" and they readily processed my order and debited money. So what is going on? Is the a legal order to stay execution of biden's bogus 1st step in gun reg. and confiscation or are we getting the shaft as these people head out the back door?
I doubt anyone did, or at least not 80 Million people. That was ridiculous then and it's ridiculous now.
2000 Mules. As far as I can see, the most plausible explanation for it.
Dilbert cartoonist Scott Adams commented on this on his daily podcast. Poking fun at the presser he opined that Biden made an excellent infomercial on the attractiveness of buying and building a "ghost gun". He predicted sales of kits will skyrocket thanks to Biden's endorsement!
Exactly. "A little drill — hand drill at home. It doesn’t take very long. Anyone can order it in the mail…"
Makes me want to buy a half dozen. In fact, I think I WILL!
I apologize if I was unclear. Your ignorance is unworthy of any further response. Not that you’re smart enough to understand even if I were to engage in conversation.You are dismissed private
if 80% ghost guns are so easy to make let Biden make one
Don't worry. Biden he'll mess that up too.
FBI reports crime and violence is up 43% from the past admin to this one. Patriots are clearly not the issue, yet again, they try to paint us as such.
Sure it’s not a law, but, just ask everyone who owned a bumpstock what happened when the ATF reclassified them as “machine guns”. The ATF is just going to reclassify 80% lowers/frames as firearms and raid any company that doesn’t comply. Now we have to wait an see if they go after the customers who bought 80% lowers/frames before the change. Solvent traps anyone?
A little more discussion about what this means would be nice. I mean do kits disappear? Do the producers and sellers close shop? What is impact on pricing? on FFL transfers? on ALL guns?, etc. Is this all gonna be reversed in 2025? Bla, bla...
Whether or not kits and companies go away depends on the companies. Are the manufacturers willing to pay the costs associated with getting a Type 7 FFL, the tooling needed to engrave serial numbers, and the overhead on keeping records forever? Will their business model survive the transition from shipping directly to the customer to shipping to a local FFL? If they use a secondary distributor, that company will have to get a Type 1 or 8 FFL and again keep records forever. Impact of pricing depends on how much of this increased manufacturing cost will be passed on to the customer. Lastly, hopefully all of the recent changes from the ATF will be reversed in 2025 if Republicans gain control again.
I don't own a crystal ball, nor does anyone else that I know. This is a wait-and-see moment because there are too many unknowns.
Is that OK, pal?
And that's what we're waiting to find out. I didn't include more of that in this piece because there's still a lot of uncertainty and unknown. But we'll keep this article updated as more information comes out.
This is exactly what I was thinking … does the 2A talk about recreation? I think I remember the word militia - should a militia have a hunting rifle?
The two (2) legged deer!!!!!
Bait and switch diversion. Why not go after the real criminals Biden? You know the ones that are crossing our southern border by the millions, illegally, then transported to the red states in the middle of the night at taxpayer expense. Typical left wing drivel, make a big issue out of a non issue an avoid the real problems the dumbocrats have caused, inflation, highest gas prices in memory, shortages etc etc. By the way when is Hunter Biden going to arrest and tried for illegally buying a firearm?
Let the peanuts in the administration do whatever, The more controversial the more they will get voted out. Encourage the bastards so they think the world is with them.
Then the coup de gras, vote to imbeciles out of office.
Only to vote different idiots in…
The choices are pathetic.
Vote third party!
Problem is, their idiot based laws will not go away.
I think they should make certain drugs illegal. That'd solve the problem of junkies. [end sarcasm font]
And don't forget all the real criminals he has in office with him including himself.
It's not a law chief. Read again..
Exactly. So you're so pro 2nd ammendment you're against the police and military too right?
I did not say I was against the police or the military as I've served and currently a disabled veteran. Sounds to me like you've only served yourself and the progressives, please fill us in.
None of this would be necessary if violent criminals were kept in jail instead of being set free to terrorize
law abiding citizens .
Still do not have clarification on what a lawful owner of a self constructed firearm is supposed to do. Do I have to go to a FFL and get a serial number from him? Where does he get the number? How and where is the number fabricated to the firearm. It’s an Executive Action, no legal standing of course. Why would we have to abide, just ignore; they will come and put you in a cage, destroy your life and give your property to one of the gang. BLM/ Antifa /AOC/“migrants”. Sell to Sinaloa. Maybe they can contract with the above mentioned to do it for the. Read both books of “The Last Marine”
Another joke of the day by the best presidential comedian we have ever had.!
A class in civics is needed. Congress makes the laws, ratified by the Senate and Signed by the President. That's the Legislative and Executive Branches - nothing to do with the Judicial branch.
Agencies cannot rewrite the laws (ie. BATF&E, DoE, EPA, etc.). Period.
Presidential "Executive Orders" really don't have any standing in Constitutional law. Period. Something the Executive branch came up with.
Let the Lawsuits begin.
Unless we fight it, the "herd" will accept what they hear...
A class in History/Current Events is needed. The ATF isn't making any laws. They are changing their own definitions/classifications. I can think of five different times they did or are looking at doing this. 1-bump stocks. 2-solvent traps. 3-80% lowers/frames. 4-pistol braces. 5-forced reset triggers. There are lawsuits still ongoing on bump stocks, but, all the manufacturers went out of business already. The ATF disallowed hundreds of Form 1s on solvent traps and sent out letters saying the solvent traps needed to be turned in or proven to be destroyed. Lawsuits on the rest will take years to resolve and who knows how many businesses will close before that happens.
EXACTLY - These "Executive Agencies" think that they can make law, change things to fit their liking, and the "herd" just goes along with it. We need to reign in the BATF&E. The newly appointed 'director' is a rabid anti-second amendment. Let the lawsuits begin.
Worst administration in history. No contest.
And that's saying something.
I can think of no other which has been so outright nefarious...... A category that belongs to this one alone.
They LITERALLY tried to make "January 6th" into a Reichstag event JUST like Hitler did so they could make a similar government.