Texas-Book-Gun Law Armed And Educated - Flipbook - Page 72
B. Unfinished “80 percent” frames and receivers
During the firearm manufacturing process, raw materials such as
metals and polymers eventually emerge from their unmanufactured
form into something readily identifiable and usable as a firearm.
This necessitates the question: at what point does a block of raw
material become a firearm? The federal government (through the
ATF) has drawn a distinction between unfinished firearm frame
or receiver blanks, which are unregulated, and finished firearm
frames or receivers, which are subject to federal regulation under
the Gun Control Act. The unfinished frame or receiver blanks are
commonly sold as 80 percent lowers. Therefore, generally it is
only after a frame or receiver is machined or manufactured beyond
80 percent that it becomes a firearm and is subject to federal and
state regulation. Keep in mind, the ATF does not use the term “80
percent” but simply classifies items as “finished” or “unfinished.”
Therefore, an unfinished frame or receiver can be sold and shipped
through the mail without regulation. It is not considered a firearm
in its unfinished format but merely a metal or plastic block, akin to
a paperweight. Once the item is finished, it becomes classified as a
firearm and governed by all applicable laws, including possession
and transfer.
On May 20, 2021, the ATF submitted a proposed rule amending
the definition of “firearm” in 27 CFR 478.11 by adding “[t]he term
shall include a weapon parts kit that is designed to or may readily be
assembled, completed, converted, or restored to expel a projectile
by the action of an explosive.” Definition of ‘‘Frame or Receiver’’
and Identification of Firearms, 86 Fed. Reg. 97, 27720 (May 20,
2021)(Proposed Rules). As of the writing of this material, this rule
is not effective and is still in the rulemaking process.
Legal Definitions And Classifications Of Firearms: What Is Legal? | 61