The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a letter December 27 which reiterates that “partially complete pistol frames” are “firearms.”
The letter makes clear this designation is part of ATF Final Rule 2021-05F, which places new controls on gun parts kits and firearms which Democrats describe as “ghost guns.”
The letter says:
Applying the regulatory text of Final Rule 2021-05F, partially complete Polymer80, Lone Wolf, and similar striker-fired semiautomatic pistol frames, including, but not limited to, those sold within parts kits, have reached a stage of manufacture where they “may readily be completed, assembled, restored, or otherwise converted” to a functional frame. This definition of “readily” applies to each and every classification of a partially complete frame or receiver under this Rule, whether sold alone or as part of a kit. Therefore, even without any associated templates, jigs, molds, equipment, tools, instructions, guides, or marketing materials, these partially complete pistol frames are “frames” and also “firearms” as defined in the GCA and its implementing regulations, 18 U.S.C. § 921(a)(3)(B) and 27 CFR 478.12(a)(1), (c).
The Gun Control Act (GCA) specifies that the GCA definition of the term “firearm” includes, in part, “(A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; or firearm silencer…”
The ATF observes:
Partially complete Polymer80, Lone Wolf, and similar pistol frames with any kind of indexing or material removed from the front or rear fire control cavities for installation of the trigger mechanism and sear, or slide rail attachments to connect the trigger mechanism and sear to the frame, have reached a stage of manufacture where they “may readily be completed, assembled, restored, or otherwise converted” to a functional frame. As examined, they are classified as a “frame” and also a “firearm,” as defined in the GCA, 18 U.S.C. § 921(a)(3)(B), and implementing regulations, 27 CFR 478.12(a)(1), (c). They are classified as firearms even if they are not sold, distributed, marketed, or possessed with any associated templates, jigs, molds, equipment, tools, instructions, or guides.
U.S. President Joe Biden’s nominee to lead the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Steve Dettelbach, speaks during an event about gun violence in the Rose Garden of the White House April 11, 2022, in Washington, DC. Biden announced a new firearm regulation aimed at reining in “ghost guns.” (Drew Angerer/Getty Images)
ATF director Steven Dettelbach explained the consequences of the ATF rule:
The partially completed pistol frames described in this open letter are readily convertible to functioning firearms under the Gun Control Act. Ghost Guns can kill like other firearms if they are in the wrong hands, so they are treated as firearms under the law. This means that they must have serial numbers so that law enforcement can trace if they are used in crimes like other guns, and also that those engaged in the business of selling them must be licensed dealers and run background checks.
Breitbart News spoke with Rep. Lauren Boebert (R-CO) during Turning Point USA’s AmericaFest. She said, “Alcohol, Tobacco, and Firearms — that should be the name of a convenience store, not a government bureaucracy.”
AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and the writer/curator of Down Range with AWR Hawkins, a weekly newsletter focused on all things Second Amendment, also for Breitbart News. He is the political analyst for Armed American Radio and a Turning Point USA Ambassador. AWR Hawkins holds a PhD in Military History, with a focus on the Vietnam War (brown water navy), U.S. Navy since Inception, the Civil War, and Early Modern Europe. Follow him on Instagram: @awr_hawkins. You can sign up to get Down Range at breitbart.com/downrange. Reach him directly at awrhawkins@breitbart.com.