It does not meet the GCA definition of a firearm. This was because an AR15 lower doesn’t meet the complete definition of a receiver. So it appears that not only are they going to soon restrict 80% receivers, but they also want to call an AR-15 Upper Receiver a “firearm.” Just how this would be implemented is not clear. 2008-1 (ATF did that in this document, but I'll bet 87% didn't get past the first paragraph) • New Definition of Receiver This has been needed for decades and ATF explains why. . Then completing and selling rifles. This leaked draft document from the ATF is just about as clear as mud: Definition of “Frame or Receiver” and Identification of Firearms. https://twitter.com/Boojahideen/status/1384935525174452225, (You must log in or sign up to reply here. which will or is designed to or may readily be converted to expel a projectile by the action of an explosive,” or “(B) the frame or receiver … was charged in 2015 with receiving and possessing an unregistered, unserialized AR15 machinegun lower receiver (by a felon, no less). STEN MK II submachinegun receiver . A recently released document purportedly authored by the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) suggests the agency will soon seek to redefine the definition of a firearm’s frame and/or receiver under federal law. The legal definition of a firearm is laid out in the 1968 Gun Control Act. TheReload.com has a 107 page pdf that appears to be the current draft proposal of the ATF’s response to Biden’s requirement that they “do something” about Ghost Guns. The following three photos are provided as examples. The first receiver has a solid, un-machined fire-control cavity area with no holes or dimples for the selector, trigger, or hammer pins. And there's a bunch of stuff that is not well defined in GCA68. 26 U.S.C. ATF To Rewrite The Definition Of A Lower Receiver: Lower Receivers Are Not Firearms The definition of machinegun also includes the frame or receiver of a machinegun. “80% receiver,” “80% finished,” “80% complete” and “unfinished receiver” are all terms referring to an item that some may believe has not yet reached a stage of manufacture that meets the definition of "firearm frame" or "receiver" according to the Gun Control Act (GCA). Specifically, ATF will seek to expand the application of the current definition, thereby subjecting items previously not regulated by ATF. Receiver blanks that do not meet the definition of a "firearm" are not subject to regulation under the Gun Control Act (GCA). Firearm Frame or Receiver That part of a firearm which provides housing for the hammer, bolt or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel. The second receiver, shown from the top, likewise has a solid, un-machined fire-control cavity area. 5845(b): DEFINITION OF MACHINEGUN 27 CFR 478.11: DEFINITION OF FIREARM FRAME OR RECEIVER The upper assembly of the Fabrique Nationale Herstal SA (FN) FNC rifle is classified as the receiver of the firearm for purposes of the Gun Control Act, 18 U.S.C. Bureau of Alcohol, Tobacco, Firearms and Explosives. Def. ATF has long held that items such as receiver blanks, "castings" or "machined bodies" in which the fire-control cavity area is completely solid and un-machined have not reached the "stage of manufacture" which would result in the classification of a firearm according to the GCA. Their is no consistency to their The document proposes changing the definitions of regulated firearm “frame or receiver” “because they too narrowly limit the definition of receiver with respect to most current firearms and have led to erroneous district court decisions,” as reported by The Reload. Chapter 53. All members receive 3 free listings a month. (Link to the full Docket No. Under the ATF’s own definition, which is written into federal law, one of the definitions of a firearm is a frame or receiver. ATF 2021R-05) The 107 page document goes into full detail on how the ATF plans on transforming the definition of a firearm, how receivers perceived, and regulating 80% kits. The third receiver has a partially machined fire-control cavity and does meet the GCA definition of a firearm. I didn’t see it in his post. For purposes of this definition… Defining what a receiver or frame is, however, was left up to regulating agencies – in this case, the ATF. Defense's motion to dismiss was predicated on the argument that an AR lower did not meet the legal definition of a receiver because, as you've already stated, did not directly accommodate the barrel along with the hammer and firing mechanism. The ATF said in the proposal it expects the rule will have a “significant impact” on companies currently selling unfinished receivers, but it expects them to adapt to the new rule. Chapter 44, and the National Firearms Act, 26 U.S.C. It’s those frames and receivers that the ATF wants to talk about, because gun control activists want the ATF to redefine firearms to include uncompleted frames and receivers. The problem with the ATF other than it existing it has way too much regulatory authority. CNN’s Scott Glover has managed to turn out an excellent article about a fairly arcane aspect of guns and firearms law while getting the details right. The case was dropped partly because the ATF didn’t want a ruling. Part of this stems from a case out in Cali were a guy was finishing out 80% lowers. Get unlimited listings for just $10 a year! . Ex-ATF agent Dan O'Kelly says federal law does not apply to a key component of the AR-15 and many other weapons, creating a loophole through which convicted felons could acquire a … There are a shitload of rifles where the upper ends up being the receiver/controlled part and a bunch of other rifles where the LOWER is the controlled part. STEN MK II submachinegun . Welcome to Oklahoma Shooters Association! The following three photos are provided as examples. ATF Rul. Join today, registration is easy! Click. On April 20 th, The Reload, published what appears to be a leaked draft of an ATF proposed rule. 27 CFR § 478.11. § 922(a)(3). The ATF's Definition of an AR-15 Lower as a 'Firearm' Is In Serious Trouble - The Truth About Guns First, credit where it’s due. WASHINGTON, D.C. –-(Ammoland.com)-A new proposal by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) ... to be a frame or receiver. When all receivers, 80% lowers and maybe less finished products are required to be serialized just to sell how are you going to get an unfinished product to finish at home short of buying aluminum in long bar stock, cutting to size and then finishing. ). The current definition of "frame or receiver" wasn't well written in 1968 and certainly needs updating. The leaked document purports to be a proposed rule to change the regulatory definition of frame or receiver and alter federal marking requirements for firearms. Recently, a document was leaked by the name of Docket No. Lastly, I'm going to attempt to explain what I think the impact will be. In firearms terminology, the firearm frame or receiver is the part of a firearm which integrates other components by providing housing for internal action components such as the hammer, bolt or breechblock, firing pin and extractor, and has threaded interfaces for externally attaching ("receiving") components such as the barrel, stock, trigger mechanism and iron / optical sights. 478.11, the definition of firearm frame/receiver states that it is that part of a firearm which provides housing for “the hammer, bolt or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel.” At issue in Roh’s case was whether the law could fairly be interpreted to apply to just the lower receiver of the AR-15, as the ATF has been doing for decades. The goal as stated is to have all receivers serialized. The email states: “As you know, under current regulation 27 C.F.R. Find Out More > 11,392 The email states: “As you know, under current regulation 27 C.F.R. ATF 2021R-05 that outlines all the potential changes the ATF wants to bring about. That law’s definition includes not only what most people would think of as a gun but also “the frame or receiver of any such weapon.” 18 U.S.C. But in another post some days back it was mentioned that the ATF was looking at changing the upper half of an AR15 to the serialized park instead of the lower. Much as I distrust the ATF’s regulation writing, their treatment of lower receivers as the legally identifiable receiver was the most pragmatic approach, in addition to being a straightforward acceptance of Armalite and Colt’s practice of stamping the serial number into that component. Firearms Policy Coalition (FPC) was made aware of an apparently leaked ATF document, captioned “Definition of ‘Frame or Receiver’ and Identification of Firearms,” detailing the Biden administration’s first set of plans to further regulate firearms. The US Code of Federal Regulations defines a firearm frame or receiver as, “That part of a firearm which provides housing for the hammer, bolt or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel.” Discussion in 'General Discussion' started by Hodrod, Apr 21, 2021. ATF has long held that items such as receiver blanks, "castings" or "machined bodies" in which the fire-control cavity area is completely solid and un-machined have not reached the "stage of manufacture" which would result in the classification of a firearm according to the GCA. Go to top of page Last Reviewed April 27, 2018 As judges are now saying, though, it isn’t a firearm after all.. In short, it appears they are drastically expanding the definition of what is a “frame or receiver” by saying, […] Under the US Code of Federal Regulations, a firearm frame or receiver is defined as: “That part of a firearm which provides housing for the hammer, bolt or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel.” Although the new definition would more broadly define the term “frame or receiver” than the current definition, it is not intended to alter any prior determinations by ATF of what it considers the frame or receiver of a particular split/modular weapon. It does not meet the GCA definition of a firearm. 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