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Biden Administration Announces New Firearm Rule

Monday, April 18, 2022

Biden Administration Announces New Firearm Rule

On April 11, the Biden Administration announced the finalization of a new firearm rule, and a new nominee to head the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”). The rule, ATF 2021R-05, is substantially the same as when it was proposed last May.

There has been a fair bit of confusion about what the rule does because it changes a number of core definitions in federal law (including the definition of “firearm”). Here are the basics of what the rule does and does not do:

The rule does:

  • Effectively ban certain parts, often referred to as “80% receivers,” that assist individuals in making their own firearms. Under the rule, even receivers that clearly cannot yet function as part of a firearm would be treated legally as a “firearm” under federal law.  
  • Change a number of definitions in federal law that will, going forward, affect which part of a new firearm design will be considered the “frame or receiver.”
  • Require licensed dealers who come into possession of unserialized firearms to place a serial number on the firearm within seven days. Under current law, only licensed importers and manufacturers are required to mark firearms that they import or manufacture.
  • Require the indefinite retention of firearm transaction records by licensed dealers. Under current law, records can be destroyed after 20 years.

The rule does not:

  • Require that AR-15 upper receivers are treated as “firearms.” The proposed rule indicated that ATF intended to consider some firearms as having more than one “frame or receiver.” In response to comments from NRA and others, ATF has abandoned that provision. All existing firearm designs have their current “frame or receiver” classification “grandfathered” under the final rule. Only new firearm designs will be subject to the new “frame or receiver” definitions.
  • Ban the home manufacture of firearms. ATF admits that they do not have the authority to ban home firearm manufacturing. Firearms made by individuals who are not Federal Firearm Licensees, whether made by additive manufacturing or other means, are still not subject to the marking and recordkeeping requirements of federal law.

When the rule was announced, a copy appeared on the ATF’s website, but it has yet to be posted to the Federal Register. Until it is posted, it is not technically finalized. It will take effect 120 days from the date it is posted in the register.

As NRA pointed out in comments on the proposed rule, we strongly oppose this bureaucratic power grab by the Biden Administration and think that large portions of the rule are unlawful because they go well beyond the authority that ATF has been granted by statute. NRA intends to pursue all available means to prevent this rule from going into effect or to block its enforcement.

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Louisiana: Senate Passes Constitutional Carry - Take Action Now!

Thursday, February 22, 2024

Louisiana: Senate Passes Constitutional Carry - Take Action Now!

Today, the Senate passed Senate Bill 1, NRA backed constitutional carry legislation, on a 28-10 vote. The bill will next be considered in the House. Please contact your state representative and ask them to SUPPORT Senate Bill 1.

Louisiana: Constitutional Carry Advances to the House Floor – Final Vote Imminent

Monday, February 26, 2024

Louisiana: Constitutional Carry Advances to the House Floor – Final Vote Imminent

Today, the House Administration of Criminal Justice Committee passed the NRA-backed constitutional carry legislation, Senate Bill 1, by a 10-3 vote. The bill now heads to the House floor for a final vote this week. SB 1 ...

Louisiana: House Committee to Hear Constitutional Carry Monday - Take Action Now!

Friday, February 23, 2024

Louisiana: House Committee to Hear Constitutional Carry Monday - Take Action Now!

Monday, February 26, at 10:00 AM, the House Administration of Criminal Justice Committee will hear Senate Bill 1, the NRA-backed constitutional carry legislation. SB 1 was passed by the Senate earlier this week with overwhelming support. Please contact committee members ...

Minnesota: "Assault Weapons" Ban Referred to the Committee on Public Safety Finance and Policy

Wednesday, February 14, 2024

Minnesota: "Assault Weapons" Ban Referred to the Committee on Public Safety Finance and Policy

On Monday, House File 3570 was referred to the House Committee on Public Safety Finance and Policy and would ban so called “assault weapons” by expanding upon an existing statute used to define these firearms. The bill ...

South Carolina: Permitless Carry Passes the Senate, Waiting on Concurrence by the House

Tuesday, February 6, 2024

South Carolina: Permitless Carry Passes the Senate, Waiting on Concurrence by the House

Last week, South Carolina moved one step closer to becoming the 28th state to enact Permitless/Constitutional Carry! This effort has been years in the making, clearing a major hurdle by passing the Senate, which has been ...

Ontario Latest Province to Snub Trudeau’s Gun Grab – “Ontario Should Not Be Spending Taxpayers’ Money Towards the Program”

News  

Tuesday, February 20, 2024

Ontario Latest Province to Snub Trudeau’s Gun Grab – “Ontario Should Not Be Spending Taxpayers’ Money Towards the Program”

The wheels are coming off the mandatory “assault weapon” gun ban and confiscation scheme that Canadian Prime Minister Justin Trudeau launched four years ago.

Virginia: Mandatory Waiting Period and Other Anti-Gun Bills Headed to the Governor's Desk

Friday, February 23, 2024

Virginia: Mandatory Waiting Period and Other Anti-Gun Bills Headed to the Governor's Desk

Contact Governor Youngkin today and urge his veto!  Anti-gun extremists in the Virginia General Assembly have made diminishing your Second Amendment Rights a top priority this legislative session. This week a slew of gun control ...

Hawaii Justices “Declare War” on U.S. Supreme Court, to the Cheers of Anti-Gun Media

News  

Tuesday, February 20, 2024

Hawaii Justices “Declare War” on U.S. Supreme Court, to the Cheers of Anti-Gun Media

In Hawaii, a man who was peacefully carrying a pistol for his own self-protection while on a nature hike was arrested and subject to felony prosecution under state laws that generally confine the possession of ...

Maine: PETITION: Stand with Maine Gun Retailers

Monday, February 26, 2024

Maine: PETITION: Stand with Maine Gun Retailers

Gun Control groups are launching an all-out assault on the Second Amendment in Maine. Their most recent tactic?

New Hampshire: House Advances Critical Gun Owner Privacy Legislation

Friday, February 23, 2024

New Hampshire: House Advances Critical Gun Owner Privacy Legislation

On Thursday, February 22nd, the New Hampshire House of Representatives held floor votes on gun related bills.

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Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.