In a filing in VanDerStok et al, v. Bondi et al. (formerly VanDerStok v. Garland), the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) has asked the United States District Court for the Northern District of Texas, Fort Worth Division, to stay the case for 90 days due to an upcoming rule change.
The ATF’s Frames and Receivers Rule (officially Final Rule 2021R-05F, titled “Definition of ‘Frame or Receiver’ and Identification of Firearms”) is a 2022 regulation issued by the ATF. It updated the regulatory definitions of “firearm,” “frame,” and “receiver” under the Gun Control Act of 1968 (GCA). The rule effectively restricts the sale or transfer of most unfinished firearm frames and receivers that are not serialized – colloquially known as “80% firearms.” Although the official term is privately manufactured firearms (PMFs), anti-gun groups have demonized these items as “ghost guns.”
The rule was published in the Federal Register on April 26, 2022, and took effect on August 24, 2022. It remains in force following the U.S. Supreme Court’s 7-2 decision in Bondi v. VanDerStok (2025), which upheld the rule against a facial challenge.
Before the change, federal law generally defined a firearm as a single part that houses the hammer, bolt, or breechblock, and firing mechanism. The new rule expanded this to include partially completed frames or receivers (including certain parts kits) that have reached a stage of manufacture where they are clearly identifiable as an unfinished frame or receiver, or that are designed to, or may readily be completed, assembled, restored, or converted to function as a frame or receiver.
The keyword is “readily.” The ATF defines “readily” as a process that is fairly or reasonably efficient, quick, and easy, taking into account factors such as time, tools, expertise, instructions, jigs or templates, and other elements. According to the ATF, selling a partially completed lower with a jig, template, or instructions can make it subject to regulation.
The rule primarily affects the commercial sale or transfer of unfinished precursor parts. Home builders are still free to privately manufacture their own PMFs without a federal firearms license (FFL) or serial number, as long as the firearms are not for sale and not transferred to prohibited persons.
However, the parts they purchase may now be regulated if sold as kits. Exemptions exist under the rule. A bare forging, a flat sheet without indexing, or a very incomplete kit requiring significant machining, expertise, or time is generally not regulated as a firearm. AR-15 lowers remain the serialized “receiver” under the prior grandfathered classification.
Many are wondering what is changing with the rule. Although the revised rule is still in draft form and the final language is subject to change, AmmoLand News spoke with sources at the ATF to get a high-level overview of the proposed changes. Polymer frames, such as those made by the now-defunct Polymer80, will remain subject to strict regulation. Nothing will change on that front.
Our sources indicate that certain metal products, such as the MUP-1 from JSD Supply, will now be permissible. JSD Supply previously sold an 80% Sig P320 kit before the regulatory change and was rumored to be working on a Sig P365 kit. If the new draft rule remains as currently written, those kits will once again be legal to sell and transfer.
This rule is just one of many expected changes that will lessen the ATF’s grip on the firearms industry. The updated rule isn’t earth-shattering, but it represents progress in rolling back some of former President Joe Biden’s use of government regulation to target law-abiding gun owners.
About John Crump
Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @crumpyss, or at www.crumpy.com.
