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​Important Update: US Judge Overturns ATF's Restrictive "Frame and Receiver" Rule

​Important Update: US Judge Overturns ATF's Restrictive "Frame and Receiver" Rule

Posted by Gun Builders Depot on Jul 1st 2023


August 8, 2023

The Supreme Court has put a hold on the victory against the ATF's "frame or receiver" rule. The rule will now remain in effect while the government appeals the district court’s judgment.

August 4, 2023

The stay has been extended until 5pm EDT on August 8, 2023.

July 28, 2023

In the ongoing lawsuit contesting the ATF's "frame or receiver" rule, the Supreme Court has taken the following actions:

  1. Required Firearms Policy Coalition to provide a response by 5 pm Eastern on 8/2.
  2. Temporarily halted the district court victory until 5 pm Eastern on 8/4, allowing time for a ruling on the pending motion.

July 27, 2023:

The federal government has submitted a request to the Supreme Court, seeking to suspend our triumph over the ATF's "frame or receiver" rule. You can access their brief in the Key Events & Filings section for the Supreme Court at this link: https://www.firearmspolicy.org/vanderstok

Their appeal aims to overturn the nationwide pause on ghost gun regulations issued by a Texas federal judge. The administration's argument is based on the immediate necessity to stop the ruling, emphasizing concerns about public safety.

Although recent court rulings have provided some hope, the battle is far from being resolved. We urge your assistance in defending the Second Amendment and safeguarding our rights as the government's application reaches the Supreme Court.

UPDATE July 25, 2023

Celebrating another significant triumph!

Yesterday evening (July 24, 2023), the 5th Circuit appeals court reached a decision regarding the rule, specifically the frame/receiver portion.  The appeals court decided that this portion of the rule would remain vacated. However, it's worth noting that the ATF retains the ability to challenge other aspects of the rule that were not previously contested in the court cases against them at the 5th Circuit. The process is expected to move swiftly in the appeals court. We are hopeful that the entire rule will soon be rendered ineffective. This victory allows us to resume operations selling frames and receivers as we did before the rule came into effect.

UPDATE July 20, 2023

The District Court has denied the government's request to block the order vacating the Rule while it undergoes the appeal process. However, the request to temporarily block the Rule for a period of 7 days has been granted, allowing the government to approach the 5th Circuit to seek a similar block on the Rule during the ongoing appeal. The government has now filed the Motion for Stay Pending Appeal with the 5th Circuit.


Exciting Announcement: US Federal Court Declares ATF’s Final Rule Invalid

We have a thrilling update to share: On June 30, 2023, the US Federal Court declared the entire ATF “Final Rule” (2021R-05F - Definition of “Frame or Receiver”) as unlawful. This significant ruling restores the previous definitions for frames and receivers, as well as reinstates the ATF rules that have been established for decades. We are delighted by this outcome, as it reinforces our dedication to serving the community by offering high-quality 80 lower receivers, 80 frames, and jigs.

What Happened?

A significant development occurred on June 30th, 2023, as a US judge reversed the newly proposed rules by the Bureau of Alcohol, Tobacco, and Firearms (ATF). These rules sought to impose severe restrictions and bans on specific firearm components. To address any inquiries you may have as an 80% customer and gun builder, we have prepared a brief FAQ.

What Action Did the ATF Take? 

On August 24, 2022, the ATF's Final Rule (2021R-05F) came into effect. This rule aimed to limit the manufacturing, sale, and possession of unfinished 80% lowers and frames.

Under this rule, businesses like GunBuilders.com faced restrictions on selling certain products to customers nationwide.

Restrictions on 80% Lowers
The Final Rule included new regulations regarding AR-15 receivers. It attempted to redefine both upper and lower receivers as firearms while imposing restrictions on unfinished 80% lowers.

Restrictions on 80% Frames
Additionally, the Final Rule introduced restrictions on unfinished handgun frames, such as Polymer80 frames. These limitations would have affected the sale, possession, and utilization of Polymer80 and other 80% frames for firearm assembly.

DISCLAIMER: If you are new to the world of DIY gun building, you likely have a lot of questions and rightfully so. It’s an area that has a lot of questions that, without the correct answers, could have some serious implications. At GunBuilders.com, we are by no means providing this content on our website to serve as legal advice or legal counsel. We encourage each and every builder to perform their own research around their respective State laws as well as educating themselves on the Federal laws. When performing your own research, please be sure that you are getting your information from a reliable source.

We are a national retailer of individual components and not all products depicted on this website are legal in every state. Shipping of various products found on this website are prohibited to some states (such as California, Connecticut, District of Columbia, Hawaii, New Jersey, New York, Rhode Island, and Washington). The information, pictures, text or products presented on this website are not a representation by us, and should not be understood by you, that any product or completed firearm is legal to assemble or own in your state of residence. We encourage each and every builder to perform their own research about the state and federal laws that apply to them. It is your responsibility to understand the law and we encourage you to consult with an attorney or your local ATF representative.