ATF NPRM 2021R-05 Complete Breakdown - 5D Tactical
UPDATE 4/11/2022: The DOJ announced the new official rulemaking for "modernizing firearms definitions" today and the final rule was released by the DOJ as well.
Update 4/9/2022: It is now being reported by Politico that the Biden Administration is recruiting Democratic politicians to join him for a speech about "gun violence reduction" this Monday where he is expected to publish Rule 2021R-05.
Update 3/28/2022: As we wait for the DOJ to release their planned intentions this month, we can be sure that they are indeed coming. On the same day as 2023 Fiscal Budget proposal’s press briefings, the White House published a blog titled, “Taking on Gun Crime and Violence with a Whole-of-Government Approach.” The White House has publicly stated now multiple times, including this online statement, that they intend on utilizing the Justice Department regulate homemade and unserialized firearms.
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On May 7th, the DOJ released the official new proposed rules, per Biden’s 30 day deadline, on what the ATF would aim to do in terms of redefining 80 percent lower receivers and several other firearm parts. Previously, a leaked copy of this PDF document was made public online only a few weeks ago on April 20th and is very similar to the official copy as it’s only eight pages shorter than what was most recently published. Today, we’ll be summarizing what we’ve found to be most pertinent in the 115 pages of asinine tyranny.
These past few years have been an insane time where we seem to be on the forefront of not only American but human history with regard to the pandemic, global and domestic politics. If the recent conflict in Ukraine has shown us anything, it’s that now is the best time to change the hearts and minds of our friends and families.
Among the supply chain issues, ammo shortages and political strife we’ve been enduring through the past couple of years we’ve also been inundated with countless attacks on our gun rights. The most dangerous of them all is the ATF’s new proposed rulemaking designated 2021R-05. There’s been a lot of news about this in the past week, and as the clock begins to wind down on when these new policies might start being treated as law we wanted to give an explanation on what this might mean for not only our company, but the industry as a whole and you, the consumer.
ATF Plans LEAKED
On March 4th, 2022, the New York Times revealed in an article that the ATF would complete their ruling based on the 2021R-05 by early April and within 60 days or less, the new proposed rule would become official. Within a month, the gun industry, and particularly those that manufacture and sell 80 percent lower receivers, will learn their fate. This is why we are urging buyers to stock up while they can.
Why is this a concern?
If you why the pro gun rights groups across the nation are all up in arms about this, it’s because a government agency is bypassing all the checks and balances that are put in place for policies to become laws. It’s like these people need to go back to grade school and watch Schoolhouse Rock – I’m Just a Bill again to get refreshed on basic civics. Should this proposed rulemaking be treated as law it would upend the entire gun industry as we know it.
What is the ATF 2021R-05?
Here’s a refresher on the NPRM 2021R-05 – it creates new legal definitions that would make the lives of manufacturers and buyers alike more difficult. More parts would require serialization meaning small parts or components could be treated the same as whole firearms are. Finally, there’s a new focus on heavy regulations for “gunsmiths” which would put a lot of small and local businesses out of work.
New Legal Definitions
Under the NPRM, the ATF seeks to update the legal definition of what is a “frame or receiver,” “fire control component,” “firearm or weapon parts kits” and uses the more recent buzzword “privately made firearm.”
Frame or Receiver – “Any externally visible housing or holding structure for one or more fire control components.” This means that upper receivers might have to be serialized in the near future just like the way lower receivers are.
Fire Control Unit – Parts that are “necessary for the firearm to initiate, complete or continue the firing sequence including, but not limited to, any of the following: hammer, bolt, bolt carrier, breechblock, cylinder, trigger mechanism, firing pin, striker or slide rails.”
Firearm or Weapon Parts Kit – Defined as partially complete frame or receiver parts kit that have reached a state in the manufacturing process where it can be readily completed, assembled, converted or restored to a functional state it becomes a “frame or receiver” that must be marked/serialized.
Privately Made Firearm – (PMF) “is a firearm, including a frame or receiver, assembled or otherwise produced by a person other than a licensed manufacturer and without a serial number or other identifying markings placed by a licensed manufacturer at the time the firearm was produced.”
More Serialization Requirements
In addition to serializing more firearm parts, the ATF also wants to apply the same logic to the parts that make up a suppressor. That means parts such as baffles or cylindrical chambers would also have to be serialized. So far, the ATF hasn’t given the complete details yet but we expect these to be announced next month in April.
New Regulations for “Gunsmiths”
The ATF assumes that many will simply abide by their rules and will seek out aftermarket services to get their receivers and frames engraved/serialized. So the only people the ATF is legally allowing to do this sort of work are licensed gunsmiths who must have Type 07 FFL licenses.
Their official definition of gunsmith, is “a person who, as a service performed on existing firearms not for sale or distribution by a licensee, devotes time, attention, and labor to repairing or customizing firearms, making or fitting special barrels, stocks, or trigger mechanisms to firearms, or identifying firearms in accordance with this chapter, as a regular course of trade or business with the principal objective of livelihood or profit, but such term shall not include a person who occasionally makes or fits special barrels, stocks, or trigger mechanisms to firearms.”
These gunsmiths, however, are not allowed to do any other sort of modification work. It is unclear to what degree that means. Does that mean gunsmiths can’t do any custom stippling jobs or slide milling for 80 percent pistol frames and builds. That’s what it sounds like it’s suggesting. When we initially covered this news of the ATF’s new proposed rules on redefining “ghost guns” in May of 2021, the ATF also mentioned there might be an exorbitant price for this specific time of licensee which many businesses will not want to pay (it was said to be a one-time fee of $181K). Putting gunsmiths out of business is only beneficial to the ATF as it paves the way for a huge backdoor gun registry. If a gun store offers gunsmithing services but cannot afford the new astronomical fee for the license to be a “gunsmith” it could potentially cause businesses to shutter at which point they’d have to turn over all their records of transactions to the ATF as well.
Don’t Forget About Pistol Braces (ATF 2021R-08)
Around the same time the ATF also released NPRM 2021R-08 which was a new policy on their ever flip-flopping stance on whether or not stabilizing braces were kosher to be used on AR Pistols. If you forgot what this entails basically, it was suggested that the government should use a point sheet based on what factors or features your AR15 had. If you scored enough or too many points the rifle would be considered an SBR and be subject to the National Firearms Act and would require a tax stamp. We’re expecting the final ruling for the new proposed rule around the same time as the ATF’s final action for 2021R-05.
2021R-05 Timeline
This is the breakdown of how the timeline of events occurred in the past year regarding 2021R-05 since it was proposed.
April 8, 2021 – President Biden announces his war on “ghost guns.” Gave DOJ 30 days to come up with a solution or some sort of action.
May 7, 2021 – In accordance with Biden’s public demands. Attorney General signs ATF’s released new proposed rule 2021R-05.
May 20, 2021 – ATF NPRM 2021R-05 was made public and the public comment period opened up on the Federal Register website.
August 19, 2021 – Public commenting period closed. A total of 249.29K comments were submitted.
Fall/Winter 2021 – ATF states they need until January or February of 2022 to process all the comments submitted.
March 4, 2022 – NY Times reveals that ATF knows exactly what they’re doing with the final plans to be completed by early April 2022 to be executed right on schedule by June 2022, if not sooner.
Call Your Elected Representatives and Stock Up NOW
Don’t just sit back and wait for the cookie to crumble. There is a lot you can be doing right now. Stock up on all the 80 percent lower receivers and pistol frames you can afford. Contact your local and state elected officials to express your disagreement with the NPRM 2021R-05. You can call and badger them over the phone or you can write them a sincere letter via snail mail or email. Lastly, you can donate to a pro gun rights advocacy group of your choosing to support them bringing the legal fight to D.C. on our behalf. Some examples include Firearms Policy Coalition, Gun Owners of American, NRA, NAGR, NSSF, and local rifle-pistol state associations.
