UPDATED AUGUST 8TH, 2023: THE SUPREME COURT HAS TEMPORARILY UPHELD THE ATF'S 2022 "GHOST GUNS" RULE, DESPITE ITS PRIOR BLOCK BY A TEXAS FEDERAL JUDGE. 80% Arms and its customers still remain exempt from the ATF’s new 80% rule as a result of a temporary injunction issued on behalf of 80% Arms while appeals play out in court.
Notably, this was a close 5-4 decision, with 2 conservative Justices joining the liberal side. Justices Thomas, Alito, Gorsuch, and Kavanaugh, however, supported our stance. We continue to actively fight for our community's rights at the highest court.
Your support via our Legal Defense Fund is vital, and we urge you to stay updated via our Newsletter for real-time SCOTUS responses.
NOTE: OUR RIGHT TO MANUFACTURE AND DISTRIBUTE 80 LOWER RECEIVERS, AND OUR CUSTOMERS’ RIGHTS TO PURCHASE 80% LOWERS AND JIGS IS PROTECTED UNDER OUR INJUNCTION**
IS THE FIGHT OVER?
NO.
The Supreme Court recently decided to uphold the ATF's "ghost guns" rule- our fight is far from over. This September, we're gearing up to defend your rights before the court. Remember: YOU CAN STILL BUY 80 LOWERS AND JIGS UNDER OUR INJUNCTION!
This upcoming appeal in the 5th circuit underscores the critical juncture we are at in defending our rights. Our position remains steadfast: the manufacturing, selling, and owning of 80% lowers should face no undue restrictions.
We are gearing up for this pivotal battle in September. Every ounce of your support fortifies our resolve. We've faced challenges before, and with our collective determination, we are confident in our path ahead!
WHAT ROLE DOES 80 PERCENT ARMS PLAY IN THIS LEGAL BATTLE?
We joined the legal fight against the ATF and the Attorney General in September 2022 as an 'Intervenor-Plaintiff.' In this role, we are able to present legal arguments as to why the ATF’s actions are unlawful and unconstitutional. We are demonstrating why the legal manufacturing and distribution of 80 lower receivers and jigs should continue as had been the case for decades.
We hired the nation’s leading Constitutional and firearms lawyers to go head to head against the Biden DOJ, which had virtually unlimited resources and funding. While this litigation is extremely expensive, the future of 80 Percent Arms and the 80% industry is at stake.
We sincerely thank our customers who have contribute to our legal defense fund and who continue to stand with us during this challenging time.
WHAT WAS THE OUTCOME OF THE CASE, AND HOW DOES IT IMPACT FUTURE ATTEMPTS TO ENFORCE SUCH RULES?
Previously, a Texas federal judge was presented with multiple paths in a related case: he could uphold the ATF's Final Rule in its entirety, invalidate it in parts, or vacate the entire rule. Notably, he chose to scrap the entire new regulation. This step was not a light one; it signified that the ATF might have overreached its legal authority. Such actions, deemed "void ab initio", mean they're seen as null from their inception. Consequently, the prior ATF rules, which have guided the definition of a firearm frame and receiver for years, were brought back into play. This earlier guidance had allowed companies to produce and sell 80% products without any federal legal complications.
Yet, despite this Texas ruling, the Supreme Court's narrow 5-4 decision temporarily reinstated the ATF's 2022 rule. This move suggests a contentious legal battle ahead. It's worth noting that the term "ghost gun", often used in these discussions, isn't a federally recognized term and is viewed by many as a form of propaganda.
The court's decision also carried a stern warning to the ATF. It cautioned the agency against assuming that past actions beyond its authority ("ultra vires" actions) would continue to go unchecked. This entire saga serves as a testament to the ongoing and evolving debate around firearm regulations and rights.
HOW DOES THIS IMPACT THE INJUNCTION 80 PERCENT ARMS WON AGAINST THE ATF?
Our injunction is not impacted by the Supreme Court's decision. You can still purchase lowers and jigs from us. On November 2, 2022, 80 Percent Arms had its first major victory against the ATF in this case. The Court granted an injunction against the ATF preventing them from enforcing the provisions of the Final Rule against 80 Percent Arms and its customers for the duration of the litigation.
WHAT CAN THE COMMUNITY EXPECT FROM 80 PERCENT ARMS MOVING FORWARD?
We're more determined than ever to stand up for our community's rights. While the Supreme Court's decision brings a new layer of complexity, our injunction remains in place, allowing you to continue purchasing 80 lowers and jigs from us.
We're heartened by the support from notable judiciary members and, as the upcoming oral argument in the 5th Circuit this September nears, know that we're on the frontlines, advocating for our community. This isn't just a legal tussle; it's a collective stand for our rights.
Your ongoing support is invaluable to us, and we're committed to providing top-quality 80 lower products and services, allowing individuals to exercise their Second Amendment rights. We promise to keep our community informed about any new developments that may affect these freedoms.
WHO ELSE IS CONTRIBUTING TO THIS FIGHT?
We would like to express our appreciation to our long-time friends at Firearms Policy Coalition (FPC), a 501(c)(4) nonprofit organization. FPC has been fighting alongside us against unconstitutional and oppressive laws for several years, in this lawsuit and others.
CAN I RESUME ORDERING EVEN THOUGH MY STATE HAS BANNED 80 LOWERS?
Overturning the ATF's rule doesn't stop states from keeping laws that could restrict your freedoms. We are on a mission to topple these laws by means of legal action and forging alliances with 2A organizations in court. In the meantime, you can bolster our legal efforts by purchasing products from our legal fund.
If you’re uncertain about whether we ship products to your state, we specify on each product which states we ship to. However, we are not attorneys so please do your own research, consult an attorney, and do not rely on this information as legal advice.
*Legal Disclaimer: We are not lawyers. The information provided here is not intended to be legal advice. Please do your own research, consult an attorney, and do not rely on the information here as legal advice.
**Subject to federal, state, and local laws