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- 5th Circuit Panel Unanimously Finds ATF’s 80 Percent Firearm Frame Rule ‘Unlawful’
5th Circuit Panel Unanimously Finds ATF’s 80 Percent Firearm Frame Rule ‘Unlawful’
by Awr Hawkins Breitbart.com
A three-judge panel for the United States Court of Appeals for the Fifth Circuit decided on Thursday against the ATF’s 80 percent frame rule, finding that the ATF overstepped its bounds in issuing it.
The 80 percent or partial frame rule is contained within ATF Final Rule 2021-05F, and makes clear the ATF’s position that partially completed pistol frames–commonly known as 80 percent frames–are “firearms.”
The ATF’s rule on frames took effect on August 24, 2022, and following public pushback, the ATF released a December 27, 2022, letter, reiterating that their rule does hold that “partially complete pistol frames” are “firearms.’ This opens the door for a background check requirement for certain gun parts and/or parts kits.