Biden “Ghost Gun” Rule, Part I
April 20, 2022
Little of substance has been reported concerning the actual, legal effects and function of the new ATF receiver rule. The text itself is some 364 pages.
Defense Distributed will sue ATF to stop this rewrite of the GCA, and I have more detailed notes to share, but my summary impressions of the rule follow below:
Ghost Gunner and our related companies will not have to alter our business or model. ATF goes out of their way to exempt 80% rifle receivers and, by analogy, 1911 frames and others from re-classification as firearms. The 80% market, and homemade “ghost guns” will largely survive. The only sure casualties at this time are plastic receiver kits like the Polymer80, SS80, etc. and so-called “complete parts kits.” ATF would like to suggest that 80% receivers sold with “more” components will face tougher scrutiny and may be firearms. We will see about that.
ATF wants to knock down receiver kits and other kinds of weapons build kits. The rule and its standards revoke all previous guidance and require everyone in the industry to re-submit their receiver products with whatever fixtures, instructions, and marketing material may accompany them. This is likely illegal, but will not interrupt the sale of 80% receivers, nor of fixtures and tooling in general.
ATF retreated from their attempt to assign multiple receivers to future firearms designs. This was meant in part to capture and constrain digital gunsmithing innovations, but the flood of industry comments shamed the agency out of this approach. Going forward, firearms of almost every design will have one component the ATF likes the most for regulation and classification. ATF admits they do not have the authority to regulate files or design work for 3D guns.
A longer discussion of the rule in general with The Reload can be seen here. More to come.
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