Official Final Rule published in the Federal Register

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  • gtodave

    Member
    MDS Supporter
    Aug 14, 2007
    10,931
    Mt Airy
    This pertains to frames, 80%'s, and suppressors in case anyone was wondering.

    I'm on the first page and I found this gem:

    ’ ....as inflexible when applied to the lower portion of the AR–15-type rifle, one of the most popular firearms in the United States

    So that's their own words...no more saying it isn't in common use, etc.
     

    gtodave

    Member
    MDS Supporter
    Aug 14, 2007
    10,931
    Mt Airy
    In addition, the rule finalizes the proposed amendments to the term ‘‘gunsmith’’ to include persons who engage in the business of identifying firearms for nonlicensees, thus ensuring greater access to professional marking services for PMFs. The final rule clarifies the gunsmithing rules proposed in the NPRM by stating the following: (1) Licensed firearms dealers (in addition to licensed manufacturers and importers) may conduct same-day adjustments or repairs of all firearms, including PMFs, without taking them into inventory, provided they are returned to the person from whom they were received; (2) nonlicensees may mark PMFs for a licensee under the licensee’s direct supervision; and (3) licensees may adopt an existing unique identification number previously placed on a PMF by a nonlicensee under certain conditions. In response to comments, the final rule permits licensed manufacturers to adopt the serial number and other identifying markings previously placed on a firearm without a variance from ATF, provided the firearm has not been sold, shipped, or otherwise disposed of to a person who is not a licensed manufacturer, superseding ATF Ruling 2009–5. The rule permits licensed manufacturers to perform gunsmithing services on existing, marked firearms without marking or obtaining a marking variance, superseding ATF Ruling 2010–10. It also finalizes, with some modifications, the proposed definition of the term ‘‘importer’s or manufacturer’s serial number’’ to help ensure that the serial number and associated identifying markings required to be placed on a firearm, including those placed on a PMF or an ATF-issued serial number,2 are considered the ‘‘importer’s or manufacturer’s serial number
     

    gtodave

    Member
    MDS Supporter
    Aug 14, 2007
    10,931
    Mt Airy
    LOLz

    Comments Received: Numerous commenters asserted that the NPRM is racist and would negatively impact the poor and minority communities
    Department Response: The Department disagrees

    So does that put an end to about 99% of the other "That's Racist!" claims made in this country every day? 'Cause it should.
     
    I sent an email to 80% arms today asking them to refuse to comply with the new non law..this was their response

    Support Specialist (80% Arms Support)
    Apr 27, 2022, 16:36 PDT
    Hello

    Thank you for reaching out to us, and we understand your concern with everything going on right now. The legal guidance we are receiving is grim. While several assurances are written throughout the newly released ATF rules - the intent appears to be to provide ATF with much greater room to use new criteria to restrict “Ghost Guns”. It is our belief the assurances in this document are intended to do three things:

    1) Blunt any widespread consumer response by crafting a rule that gives the impression that only minor changes are being made, when in fact the new rules have dramatic implications to the firearms industry as a whole.

    2) Create traps for manufacturers and vendors by eliminating once clearly-defined guidelines as to what constituted an 80% receiver or frame, and by revoking all prior determination letters for 80% lowers.

    3) Change over to a new subjective criteria to determine if an 80% lower is a firearm based on things such as marketing material used by the manufacturer, instruction manuals, accessories sold by the vendor, tooling available to finish the lower, etc. This is to create confusion in the marketplace and to create risk for manufacturers. With this new subjective criteria, the same exact 80% lower can be a firearm or a paperweight depending on something as subjective as how one or the other is advertised for sale.

    The ATF has intentionally written the new rules to be deceiving and unclear while giving themselves as much wiggle room as possible to ban, prosecute, and restrict products based on a confluence of subjective opinions. It is no secret that the Biden Administration wants to put our industry out of business, and it has directed the ATF to be the agency to carry out the anti-gun agenda. What the administration was unable to achieve lawfully through congress, they are now doing though a regulatory agency that is not accountable to the voters.

    As you know, this is our entire business. We’ve dedicated a decade to supporting the 2nd Amendment and enthusiasts who lawfully want to build Privately Manufactured Firearms (PMRs) with the best 80% components in the industry. The risk to us and our industry is real, and we intend to challenge the ATF in court. We thank you for your feedback and for having reached out to us on this very important topic
     

    delaware_export

    Active Member
    Apr 10, 2018
    1,786
    To our legal eagles. how Is this implicated by chevron deference? And wasn’t there a legal case, maybe at scotus in this/last/next term that may have an effect? (with regard to the criminal aspect , federal rules and chevron)
     

    jc1240

    Active Member
    Sep 18, 2013
    11,148
    NBC violates law yet again to "prove" a false point of how easy it is to make a "ghost gun," even calls the PA state AG when they can't figure out how do it, despite it being "so easy", the AG assigns some agents to complete the build, and they return it to the report. No FFL. No 77r. No state-level forms.

    And yet, nothing has or will happen to any of the players despite their felonious activities. The ruling class and their propagandists are once again above the law (state and federal).

     

    Bob A

    Active Member
    MDS Supporter
    Patriot Picket
    Nov 11, 2009
    22,322
    NBC violates law yet again to "prove" a false point of how easy it is to make a "ghost gun," even calls the PA state AG when they can't figure out how do it, despite it being "so easy", the AG assigns some agents to complete the build, and they return it to the report. No FFL. No 77r. No state-level forms.

    And yet, nothing has or will happen to any of the players despite their felonious activities. The ruling class and their propagandists are once again above the law (state and federal).


    The comments cover the spectrum of possible response.

    Consensus is what you'd expect. Some animals are more equal than others.
     

    Chauchat

    Junior Member
    Jan 16, 2014
    82
    In the free States
    To our legal eagles. how Is this implicated by chevron deference? And wasn’t there a legal case, maybe at scotus in this/last/next term that may have an effect? (with regard to the criminal aspect , federal rules and chevron)

    I have read the text several times. Does not apply to citizens of the fifty united States unless a person is stupid enough to buy from some type of FFL or is in the District, possessions or territories, or inside the fences of forts or airplane patches, etc., per the Consittution.
     
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