U.S.A. –-(AmmoLand.com)- The BATFE has released a letter to FFLs and the public, “clarifying” their new rules regarding so-called “80% receivers,” which were adopted earlier this year. The general understanding within the industry has been that the new regulation had the impact of requiring “unfinished receivers” to be treated as “firearms” if they were sold together with the parts and tools needed to turn them into functional firearms.

The industry responded by separating the “unfinished receivers” from the tools and parts kits and selling them separately, with no jigs, tools, or any other parts needed to finish them. The regulatory changes were not authorized by Congress and are currently being challenged in court as an unconstitutional overstep by the BATFE.

This new letter moves the goalposts yet again. Now they are claiming that, with regard to “unfinished receivers” for striker-fired handguns, they consider these “partially completed receivers” to be “readily convertible” into functional receivers, and therefore they must be treated exactly the same as completed receivers.

This means the manufacturers are now required to be licensed by the government to manufacture and sell guns and that each receiver be marked with a serial number and manufacturer information, sold only through licensed firearm dealers. Now purchasers will be subjected to identification and background checks.

The letter graciously invites anyone unsure whether the “unfinished receiver” they own or are manufacturing meets the nebulous criteria of being “readily convertible” into a firearm to send them a sample. They’ll be happy to let you know…eventually.

What they absolutely refuse to do, is publish a clear definition of exactly where the line is between a “receiver” and a “receiver-shaped object.” For several years they had a relatively clear standard, with people occasionally testing the borders of the standard.

It was understood that, as long as certain holes were not drilled, and certain sections weren’t machined to size and shape, the item was a paperweight, regardless of what tools, parts, or accessories might come along with it and regardless of how it might be advertised. Manufacturers who made “80% receivers” with drill hole positions marked were slapped down, as were those who manufactured their items with two separate colors and densities of polymer, which the BATFE said were too easy to finish. And some manufacturers loudly marketed their products as complete, do-it-yourself, “untraceable” gun kits, requiring no background checks or any registration – which really annoyed the control freaks.

The BATFE’s new regulations, adopted last April, threw much of the previously established understanding right out the window.

It cracked down on advertising that promoted the items as a way of avoiding gun control laws and required that “kits” be treated like guns, regardless of how complete or incomplete the receiver might be. But that wasn’t good enough for them, so now they have gone a step further, redefining “receiver” to include “unfinished receivers,” which they say are “readily convertible” into “receivers.”

The BATFE’s “reimagined” interpretations of the Gun Control Act of 1968 were already a serious overstep of their authority. The entire federal gun control regulatory scheme was unconstitutional from the get-go, not just for its violation of the Second Amendment, but for Congress’s failure to do their job of fleshing out the details of their legislation, instead delegating the lion’s share of that work to bureaucrats in the BATFE.

For the time being, this latest “clarification” of their regulations only applies to “unfinished receivers” for striker-fired handguns, like those made by Polymer 80 and Lone Wolf, but another “clarification” applying the same nebulous standards to “unfinished receivers” for other pistols and rifles, will almost certainly be forthcoming.

All of this nonsense is being challenged in court, but there’s no telling how long it might take for these matters to make their way to the Supreme Court for final resolution. Since the Bruen decision striking down New York’s arbitrary concealed carry requirements and establishing a clear standard for judging Second Amendment cases, it appears that some of the Circuit Courts of Appeal – particularly those that serve anti-rights-dominant areas like New York and California – are intentionally dragging their feet and doing their best to keep Second Amendment challenges from getting to the SCOTUS.

Are they hoping for Democrats to follow through on their threats to “stack the Court,” hoping for hard-line originalists like Justice Clarence Thomas to retire or kick the bucket, or just trying to allow the most damage possible before the eventual smackdown of their hubris? That’s all anyone’s guess, but while we wait for this BS to be rectified, companies like Polymer 80 and Lone Wolf are under the gun and at risk of being driven out of business, criminally prosecuted, or both.

Republican Representatives in Congress need to address this abusive, bureaucratic corruption as soon as the new Congress is seated in January, and not just with a strongly worded – and easily ignored – letter, but with real reform legislation. With Republicans holding a majority in the US House, they should be able to force a bill out of that body in pretty short order. Getting it through the Senate would be a challenge but not an impossibility, and even if they can’t get it through, the attempt would highlight the BATFE’s excesses and inconsistencies.

This type of bureaucratic overreach is a total violation of the process, ideals, and objectives of the founders and must be reined in by Congress. That’s not likely to happen unless your cowardly elected servants hear from you loud, long, and unequivocally. The Congressional Switchboard can be reached by calling 202-224-3121.

About Jeff Knox:

Jeff Knox is a second-generation political activist and director of The Firearms Coalition. His father, Neal Knox led many of the early gun rights battles for your right to keep and bear arms. Read Neal Knox – The Gun Rights War.

The Firearms Coalition is a loose-knit coalition of individual Second Amendment activists, clubs and civil rights organizations. Founded by Neal Knox in 1984, the organization provides support to grassroots activists in the form of education, analysis of current issues, and with a historical perspective of the gun rights movement. The Firearms Coalitio

WASHINGTON, D.C. -(Ammoland.com)-The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Department of Justice have sent the rule surrounding pistol stabilizing devices to the White House for Presidential review.

After the 2020 Presidential election, President Joe Biden called on the ATF to change regulations around pistol braces and unfinished frames and receivers. The ATF drafted a proposed rule dealing with unfinished frames and receivers thirty days later. Then a month later, the ATF unveiled its proposed regulations around firearms with pistol stabilizing devices.

During the open comment period, the Federal Registry received just under 300,000 public comments on the proposed frames and receiver rule. The proposed pistol stabilizing device rule received a little more than 250,000 public comments. The vast majority of the comments opposed the new anti-gun rules. The ATF continued to move forward with the rule-making process despite the general public disdain for the new regulations. This rule was the second time a pistol stabilizing rule was proposed. The December, before the final rule proposal, a public comment period was opened on another attempt at introducing a new rule, but the ATF pulled the rule before the comment period closed.

If the final draft rule is any indication, the new rule will treat the vast majority of firearms with pistol stabilizing devices as short barreled rifles (SBR) or short barreled shotguns (SBS). The statute does not ban pistol stabilizing devices but does regulate the firearm utilizing the brace. Companies that make braces can still make the items, but if the ATF treats the stabilizing devices as stocks, the market for pistol stabilizing devices will be small.

It is believed that the new rule will have an amnesty period for gun owners to register their pistols equipped with a stabilizing brace as an SBR or SBS.

In early September, AmmoLand News discovered an ATF request for increased funding for this proposed amnesty period. There are only rumors of the exact number of days in the amnesty period, but a similar period was introduced after the announcement of the frames and receiver rule. That rule saw a 120-day amnesty period. It is logical to conclude that the new amnesty period will have a similar number of days.

Some think President Biden will schedule a press conference like he did when he held a press conference in the Rose Garden to unveil the final frame rule. When the text of the frames and receiver rule was announced, the President invited anti-gun advocates and politicians, including David Hogg, to the White House for a ceremony. Pro-gun advocates saw this press conference as President Biden “spiking the football.”

The White House has not announced when the new rule will be unleashed on the American gun owner. When the final rule is revealed, a slew of lawsuits challenging the regulation is expected to be filed. The Second Amendment Foundation (SAF) has already filed a lawsuit challenging the yet-to-be-unveiled rule, but the case has been stayed until the end of December to give time for the rule to be unveiled.

The White House did not return AmmoLand’s request for comment.

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.