Court vacates ATF frames and receivers rule

[Both_Barrels_Blazing]

Howdy, hope all is well. Down in SEC country so I guess this doesn’t really matter, but what are the refined legal minds on this forum saying about possession and disposition of 80% unfinished frames/receivers? Can I sell an unfinished Poly80 frame/rail/jig complete kit to someone like a neighbor or someone in a free state vis a vis gunbroker? It’s a plastic paperweight basically. I have a bunch that I am not going to build and want the cash for family needs. I am not a dealer, just a hobbyist that realizes no need for these.

Poly80 still sells full kits so I am assuming these can be transacted without issue:

PF940C 80% Compact Pistol Frame Kit - Black

Product DescriptionPF940C™ Compact FramePolymer80 is pleased to present the PF940C™ 80% Compact Pistol Frame. Offering compatibility with Glock® 19/23 Gen3 components, the PF940C™ is an industry first. The frame comes with an aggressive texture that emulates a stippled pattern. Features like the...

www.polymer80.com

As far building out, serializing is optional unless it is going to be sold, I get that much. Certain places require PMF’s to be serialized and registered, not a concern for me.

If there are any other threads, let me know. I just kinda FOMO’d into these.

YouTube
How a Court Just Threw Out ATF's Rule on Frames and Receivers. HUGE WIN!!!!
Washington Gun Law President, William Kirk, discusses the HUGE win out of the US District Court in the Northern District of Texas which ruled that ATF’s new rule on frames and receivers far exceeds its statutory authority and is void ab initio or subject to the remedy of “vacatur.” What does this all mean in normal English? Well it means that this Court has thrown out ATF’s rule on frames and receivers of what has now governed 80% lowers. But there is much, much more to this opinion so learn with a lot of information at once and arm yourself with education today. Show PFC Some Lo...
youtu.be/ewSzFhysV6g

 

[Mesatchornug]

There have been several threads that discuss this

An as-manufactured "80%" lower and its supporting tooling is not a firearm. You can sell it like anything that is not a firearm. There are a couple states (e.g., NJ) that might have further regulations, so check where you are.

 

[MGnoob]

Do you know what I hate hearing is that you can’t sell a firearm without a serial number.
Might get your jammed up, but as long as you’re not building them for the purpose of sale.

Say I build an A.R. 15 don’t serialize it and eight years later I want to sell it. It’s not illegal in every location but if it goes through an FFL, you just have to… I’m not even sure if you have to, but no ffl is going to touch it..
In a personal sale, who would know?
Why do you think they make multiple purchases from people before they arrest them?

The only issue I see with the whole eight years argument I just made is that how long ago were they gonna know it was made?

 

[paul73]

Do you know what I hate hearing is that you can’t sell a firearm without a serial number.
Might get your jammed up, but as long as you’re not building them for the purpose of sale.

Say I build an A.R. 15 don’t serialize it and eight years later I want to sell it. It’s not illegal in every location but if it goes through an FFL, you just have to… I’m not even sure if you have to, but no ffl is going to touch it..
In a personal sale, who would know?
Why do you think they make multiple purchases from people before they arrest them?

The only issue I see with the whole eight years argument I just made is that how long ago were they gonna know it was made?

Some states, like RI are actively crafting local laws on this topic. It was posted yesterday I think about a RI man charged for making lowers from 80%.
NY has same I think, not sure of NJ.

 

[Both_Barrels_Blazing]

Thanks! What are the other threads? I tried searching didn’t find any.

That is something I was concerned about, unserialized transfer. But these are just unfinished frames, hunks of plastic, equivalent of 80% AR receivers being chunks of aluminum. But it makes sense to treat this as though I was selling a glock mag or a holosun RDS.

 

[Mesatchornug]

Thanks! What are the other threads? I tried searching didn’t find any.

That is something I was concerned about, unserialized transfer. But these are just unfinished frames, hunks of plastic, equivalent of 80% AR receivers being chunks of aluminum. But it makes sense to treat this as though I was selling a glock mag or a holosun RDS.

This is probably the biggest one:

ATF Proposed Rule Change for Frames and Receivers

Please watch the 3 minute video from Mark Serbu. Give your comments against the rule change at the link below: From Mark: This is IMPORTANT STUFF! Please enter a comment in the Federal Register by 8/19/21...

www.northeastshooters.com

When thinking about selling an unregulated piece of plastic, I would think about it like selling an unregulated piece of plastic. That said, because there are a couple states that are dumb about this unregulated piece of plastic, one could argue you're on a closer track to think of it like a Glock magazine...

 

[Both_Barrels_Blazing]

Thanks, and God bless all! Keep fighting the good fight! Never surrender!