The legality of 80% lower receivers is a complex and often confusing topic, varying significantly depending on your location and interpretation of existing laws. This guide aims to clarify the situation, providing a comprehensive overview without offering legal advice. Always consult with a legal professional before purchasing or possessing an 80% lower receiver.
What is an 80% Lower Receiver?
An 80% lower receiver is an unfinished firearm receiver that's missing approximately 20% of the machining needed to become a functional part of a firearm. These unfinished receivers are typically sold as kits, often including necessary jigs and tools for completion. The key is that because they are unfinished, they aren't considered firearms under certain federal regulations.
Federal Regulations: The Gray Area
At the federal level, the Gun Control Act of 1968 (GCA) defines a "firearm" as including a receiver. However, the definition is somewhat ambiguous regarding the level of completion required. The ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives) has historically taken the stance that an 80% lower is not a firearm until it's completed. This means that, federally, the sale and possession of 80% lowers are generally unregulated, barring any other applicable state or local laws. However, it's crucial to understand this is a constantly evolving landscape, and the ATF's interpretations can change.
State and Local Laws: A Patchwork of Regulations
The key difference in legality often stems from state and local regulations. Many states have specific laws concerning the manufacture, sale, and possession of firearms and firearm components, including 80% lowers. Some states explicitly prohibit them, while others have less restrictive laws or no specific legislation addressing them at all.
It is imperative to research the specific laws in your state and locality. These laws can vary significantly, and failure to comply can result in serious legal consequences.
Common State Regulations:
- Prohibition: Some states have outright banned the sale, possession, and/or manufacturing of 80% lowers.
- Registration Requirements: Others may require registration of completed firearms built from 80% lowers.
- Background Checks: Some jurisdictions mandate background checks even for the purchase of 80% lowers.
Potential Legal Risks:
Even in areas where 80% lowers are not explicitly banned, there are still potential legal risks:
- Improper Completion: Incorrectly completing an 80% lower can inadvertently create a firearm that violates federal or state laws, leading to legal repercussions.
- ATF Interpretation Changes: As mentioned earlier, the ATF's interpretation of the law can change, potentially impacting the legality of already-owned 80% lowers.
- Use in Illegal Activities: Using a firearm built from an 80% lower in a crime will obviously lead to severe legal consequences.
Conclusion: Proceed with Caution
The legality of 80% lower receivers depends heavily on your location and adherence to all applicable laws. This information is for educational purposes only and does not constitute legal advice. Before purchasing, possessing, or completing an 80% lower receiver, thoroughly research your state and local laws and consult with a legal professional specializing in firearms regulations. The potential legal ramifications of non-compliance can be severe.
