26 Attorneys General Join Our Fight Against the ATF’s Ban on Building Your Own Firearms

In a powerful amicus brief, 26 state leaders unequivocally condemned the ATF’s blatant attempt to bypass Congress and rewrite the Gun Control Act. "A federal agency can’t make those decisions," declared Attorney General Marty Jackley, articulating what we all know: this kind of executive overreach threatens the very foundation of our Second Amendment rights.

From day one, we’ve been deeply involved in the fight against the ATF’s unconstitutional "Frame or Receiver" Rule, working alongside FPC and other allies. This fight, which challenges the Biden Administration's sweeping attempt to redefine "firearm" to include certain parts kits and incomplete frames or receivers, is critical to preserving our Second Amendment rights.

Now, with the backing of 26 Attorneys General, we are further bolstering our defense of gun owners, hobbyists, and builders nationwide. In the recently filed amicus brief, these state leaders have strongly opposed the ATF’s dangerous overreach, and we stand alongside them in this pivotal moment.

ATF's Power Grab: What's at Stake?

The 2022 ATF rule, officially titled "Definition of ‘Frame or Receiver’ and Identification of Firearms," was an attempt to expand the definition of a firearm to include unfinished frames, receivers, and parts that could be assembled into a functioning firearm. This rule is a clear violation of the Gun Control Act, as the law never intended for these parts to be treated the same as completed firearms.

As the 26 Attorneys General pointed out, "ATF has instead seemed determined to stretch the words found in statutes like the GCA and NFA to reach conduct never anticipated by the lawmakers who passed them." This overreach poses a serious threat to millions of law-abiding Americans, many of whom risk being criminalized for simply possessing parts that have always been legal.

The ATF’s Ongoing History of Overreach

This isn’t the first time the ATF has pushed the limits of its authority. From attempting to regulate bump stocks to targeting stabilizing braces, the agency has consistently tried to expand its reach at the expense of the law. The brief further notes, "The Court must remain firmly focused on what Congress commanded, not what certain political interest groups might prefer or what ATF might wish for.”

80 Percent Arms, alongside the 26 Attorneys General and our fellow industry leaders, continues to push back. As Attorney General Marty Jackley rightly said, “A federal agency can’t make those decisions,” and the ATF has no business undermining Congress or infringing on our constitutional rights.

A Victory in the 5th Circuit

In November 2023, the 5th Circuit Court of Appeals struck down the ATF's "Frame or Receiver" Rule, recognizing it as an unlawful power grab. The court stated that the ATF had overstepped its bounds, “making laws instead of enforcing laws passed by Congress.” This victory is a huge step forward in protecting our Second Amendment rights and ensuring that unelected bureaucrats at the ATF are not rewriting laws to suit their own agenda.

The Road Ahead

With the case now headed to the U.S. Supreme Court, the stage is set for a decisive ruling. 80 Percent Arms remains fully committed to this fight, and we’re confident that the rule of law and our Second Amendment rights will prevail.

The 26 Attorneys General have made it clear: "Policy concerns cannot trump the best interpretation of the statutory text," and ATF’s “error provides another peek behind the curtains... It is clear that ATF is a legislative body poorly disguising itself as an executive one."

Together, we will keep fighting for your right to build, own, and protect what’s yours. We’ve been in this battle from the start, and we’re not stopping until the ATF’s unconstitutional overreach is struck down once and for all.