What Did The ATF Do?
On August 24, 2022, the ATF's Final Rule ( 2021R-05F), went into effect. This rule attempts to restrict the manufacturing, sale, and ownership of unfinished 80% lowers, 80% frames.
Under this rule, 80-Lower.com and other, similar businesses are restricted from selling some of our products to customers across the country.
Attempts to Restrict 80% Lowers
In the ATF's Final Rule are new restrictions on AR-15 receivers. The rule attempts to redefine both upper and lower receivers as firearms. It also placed restrictions on unfinished 80% lowers.
Attempts to Restrict 80% Frames
Also contained in the Final Rule are new restrictions on unfinished handgun frames, like Polymer80 frames. This is an attempt to restrict the sale, ownership, and use of Polymer80 and other 80% frames to make a firearm.
What Happened To The Rule?
On June 30th, 2023, a federal court vacated the ATF's Final Rule. This eliminated the restrictions the ATF put in place in 2022 and prevented the government from restricting firearm parts like 80% lowers and 80% frames.
Since then the ATF has asked the the 5th District Court for a stay. The court offered a temporary stay and then ultimately the 5th Circuit Court of Appeals denied the federal governments attempt to completely stay the district court's decision, which prevented the ATF from enforcing the rule's "regulatory definitions of 'frame or receiver' and 'firearm' as it applied to the Gun Control Act of 1968."
This was a big win for us.
The ATF didn't like it one bit. So they asked the Supreme Court to fully stay the ruling. This would allow the rule to remain in effect while the lawsuit continues.
Unfortunately on August 8, 2023 the Supreme Court voted 5-4 for a stay, which allows the rule to go back into effect while the government appeals the 5th District Court's judgement. Oral arguments are scheduled for Sept. 9, 2023.
The 5th District was the court that vacated the rule in the beginning. We are hopeful that we will be victorious and this nonsense can be laid to rest in the near future.
Can I buy 80% lowers and 80% frames?
Yes. If they are legal in your state and if they aren't sold with a jig. The exception being with resellers and companies that have been awarded injunctions. For example, Polymer80 was awarded an injunction in March, so we are able to sell their products without any restrictions.
Please note, however, that your state may have passed laws restricting or banning these products. Before ordering, check our Shipping & Return Policy to ensure you do not live in a restricted state.
Why are some products listed but not available on your site?
Because the Supreme Court awarded a stay to the ATF, we are unable to sell some items that we recently listed on our site after the Rule was originally vacated. Because of this we have restricted the sale of these items and you won't be able to add them to your cart. We apologize for the inconvenience, but please sign up for in stock notifications or our subscribe to our emails for updates. because we are hopeful that this Rule will be put to rest in the near future.
What can I do to help out?
Please continue supporting small businesses like us by continuing to shop with us. The ATF is trying hard to keep us in lawsuits so that our cash is depleted.
Stay vigilant in being aware of local and federal laws on the brink. Be active in contacting your local Senate and Congress representatives.
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 80-lower.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.