Will my home built AR be illegal after law takes affect?

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  • analogwars

    ANALOGWARS
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    0   0   0
    Sep 18, 2012
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    somewhere in time
    What law?

    On April 11th, 2022, President Biden held a large press conference at the White House announcing the finalized ruling of the ATF’s new proposed rulemaking 2021R-05F which stands to change the entire 80 percent and firearms industry as we know it. This rule was written with the purpose of banning 80 lower receivers and 80 lower jigs in just 120 days from the publish date. In the meantime, you are still allowed to purchase these products.
     

    KLB

    Grandmaster
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    5   0   0
    Sep 12, 2011
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    Porter County
    On April 11th, 2022, President Biden held a large press conference at the White House announcing the finalized ruling of the ATF’s new proposed rulemaking 2021R-05F which stands to change the entire 80 percent and firearms industry as we know it. This rule was written with the purpose of banning 80 lower receivers and 80 lower jigs in just 120 days from the publish date. In the meantime, you are still allowed to purchase these products.
    That isn't a new law. It is an agency making up policy. As soon as it is "active", there will be lawsuits.
     
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    4   0   0
    Mar 9, 2022
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    Bloomington
    I have a few AR's I have built over the years. Will they be illegal after law goes in affect?
    IF you built an AR with a serialized receiver (a "stripped lower") the new rule does not affect it. You can still legally own it (assuming you could before) and sell it to anyone that you could legally sell it to before.

    IF you built an AR with a piece that was not finished, which you milled out yourself to make it into a lower receiver (an "80% lower") or with a lower that you otherwise manufactured yourself (e.g., a 3d printed lower) the new rule does not affect it. Just as before, you can legally own it, but cannot sell/give/transfer it to anyone unless you first take it to an FFL and have them serialize it.

    IF you have a piece that the ATF determines to meet their new, subjective criteria as being "close enough" to being finished (most "80% lowers" appear to fall in this category) you must treat it the same as a finished, unserialized firearm, even though it is not finished yet.

    Also, to be clear, the ATF did NOT ban "80% lowers"; their new rule requires that "80% lowers" be given a serial number and treated the same as a completed "stripped lower". The reason this is an effective ban is that now companies have no reason to sell 80% lowers anymore, as they might as well sell the finished thing, since it will require shipping to an FFL for a background check and 4473 either way.

    IANAL, do your own research, don't do anything based on what I say, you are responsible not me, etc, etc,
     
    Last edited:

    KellyinAvon

    Blue-ID Mafia Consigliere
    Staff member
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    7   0   0
    Dec 22, 2012
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    Avon
    ***I AM NOT A LAWYER*** The ex post facto (after the fact/retroactivley making something that was legal but is now illegal then punishing someone after the fact) is forbidden. October 1968 when the Gun Control Act passed is a good example with serial numbers.

    The link provides explanation. Now we are dealing with a regime that doesn't seem to care about Constitutionality (rent moratorium from CDC, the Bidiot said the quiet part out loud.)

    Again, ***I AM NOT A LAWYER***

     

    Dean C.

    Master
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    Aug 25, 2013
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    Westfield
    Not a Lawyer but as I understand the new "guidelines" 80% "kits" are no longer allowed? The 80% guns you have now should be totally fine and unaffected.
     
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