DOJ 2021R-05 Final Ruling Released | 5D Tactical thumbnail image

DOJ 2021R-05 Final Ruling Released | 5D Tactical

5D Tactical - 14th Apr 2022

Following the White House press conference that happened earlier this week on Monday April 11th, 2022, the Department of Justice and Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) released the final version of their proposed rulemaking 2021R-05 — which redefined firearm parts, including what is a frame and a receiver, in a way that may ban or severely restrict 80 percent lowers and cause other supply issues to put the firearms industry in disarray.

The complete 364 page document that was released on 4/11 can be found on the ATF website under their Summary of Final Rule 2021R-05F. If you’d like to understand what led up to this week’s events, please see our breakdown of the NPRM from last year. Both the White House and Federal Register’s rulemaking process stated that this final rule would be effective 120 days from the day it is published on the Federal Register (April 26, 2022). That means we expect the final rule to be effective August 24th, 2022. 

Are 80 lowers banned?

Per all the news, media coverage and the original language of the proposed version of 2021R-05, that’s certainly what everyone thought was going to happen. While an outright ban is not exactly correct, the final ruling’s verbiage points toward regulation more than a ban. The long document from the ATF states in multiple places that what they want is for our products to be serialized by the manufacturer before selling to consumers.

If the ATF goes uncontested and this rule goes into effect on August 24th, 2022, 80 lower receivers and 80% pistol frames may be treated as firearms, and under the Gun Control Act, they would require a background check for purchase in most states. Existing 80 percent lowers and pistol frames that were once determined not to be a firearm, no longer have that protection under the new regulations.

Can I still buy an 80 percent lower receiver?

Yes, if you live in a state that hasn’t gone ahead of the ATF to ban the possession, transfer or ownership of 80 percent lower receivers (AKA “ghost guns) or related products then you have until August 8th, 2022 to make your purchase before the effective date of the ATF’s final ruling.

What can I do?

While we’ve already been greatly impacted by this week’s legal development, this was not news to us. We’ve known this was coming for a year now and we finally have the details we’ve been waiting for. We’re also not the only company in the firearms industry that is being targeted by the Biden Administration’s war on guns. The 2021R-05 final ruling will also affect upper receivers, suppressors, CAD files for 3D printing and even simple marketing materials like instructions for how to assemble an 80 lower jig or how to mill an 80 percent lower receiver may be rendered illegal at the sole discretion of the ATF on a case by case basis.

It’s all hands on deck right now. If you claim to support the 2A it’s time to write and call your elected officials on the local and state level to voice your concerns with what’s to come. Flood their lines of communications! Consider donating to organizations that are on the ground in D.C. representing our political ideals and fighting for our values. Some examples include:

- Gun Owners of America

- Firearms Policy Coalition

- National Shooting Sports Foundation

- Second Amendment Foundation

-Your state’s rifle/pistol association

- NRA

What does this mean for 5D Tactical?

Everyone is anxious for what’s going to happen now and that is understandable. We are currently experiencing an influx of orders so please be patient with us as our staff is working around the clock to fulfill as many orders as humanly possible. 5D Tactical stands behind the 2nd Amendment and will be fighting this unconstitutional action of illegal lawmaking. We thank you for your patience, 2A support and continued patronage as we weather these challenging times together and will continue to make the best 80 percent products on the market.