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FAQ's Regarding the August 8 Supreme Court Ruling on the Frame and Receiver Rule

FAQ's Regarding the August 8 Supreme Court Ruling on the Frame and Receiver Rule

Posted by on Aug 10th 2023

Updated April 22, 2024

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, 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. 

On November 9, 2023,the Fifth Circuit has ruled the rule unconstitutional and upheld the District Court decision to throw out the ATF “Frame or Receiver” Rule! It is important to note that while the case is still active the rule can be enforced due to the SCOTUS order which blocked the District Court ruling until the case is resolved..

On February 7, 2024 the DOJ filed a Cert Petition with SCOTUS in the VanderStok v Garland Lawsuit to review the judgement of the United States court of Appeals for the 5th Circuit.

On April 22, 2024, The United States Supreme Court has agreed to review the case of Attorney General Merrick B. Garland v. Jennifer VanDerStok. This lawsuit, brought by the Firearms Policy Coalition (FPC) and FPC Action Foundation (FPCAF), challenges President Joe Biden’s 'frame or receiver' rule enacted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Consequently, the Supreme Court will determine the future of this rule during its upcoming October 2024 term.

Can I buy 80% lowers and 80% frames?

Yes.  You can by 80 percent lowers if they are legal in your state and if they aren't sold with a jig.  The exception being with any resellers and companies that have been awarded injunctions. 

80% Frames are a trickier topic. Currently you cannot buy an 80 Frame unless it complies with the Open Letter from the ATF that was released in December of 2022. This is because these companies currently do not hold injunctions to continue selling the frames that they were selling before the rule became effective.

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.  

Support 2A foundations such as the Firearms Policy Coalition (we are a proud Alliance Member), Gun Owners of America, and Second Amendment Foundation.  

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, 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.