IS THE FIGHT OVER?
While your rights are currently secured, we have more work to do. The government's appeal is a pushback against our recent victory over the ATF's “Final Rule”. This means they're contesting the decision that allows us to produce and distribute 80% lowers freely again.
But this is not the end, far from it. An appeal isn't an automatic win for them; it's a new phase in this legal battle. We still stand strong with our belief that the right to manufacture, distribute, and own 80% lowers should remain unhindered.
We'll fight tooth and nail to keep your rights intact. Your continued support is crucial. We've won before, and with determination and unity, we can do it again!
WHAT IS THE SIGNIFICANCE OF THE COURT'S RULING AGAINST THE ATF?
The Court's ruling in Civil Action No. 4:22-cv-00691-O is a substantial victory for us at Blackhawk Manufacturing Group d/b/a 80 Percent Arms. The court vacated (threw out) the new ATF regulations which were unlawfully put into place by the DOJ Attorney General, Merrick Garland, that severely restricted our ability to manufacture and distribute 80 lower receivers and jigs, and put 80% builders at risk. This decision is significant as it safeguards our rights and those of our customers. The ruling reestablishes the prior definitions for frames and receivers and the ATF rules that were in use for decades, giving manufacturers and customers alike peace of mind to engage in the long-standing American tradition of building self-made firearms.
WHAT ROLE DID 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 were able to present legal arguments as to why the ATF’s actions were unlawful and unconstitutional. We demonstrated why the legal manufacturing and distribution of 80 lower receivers and jigs should continue as had been the case for decades.
80 Percent Arms 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 was and is extremely expensive, the future of 80 Percent Arms and the 80% industry was at stake.
We sincerely thank our customers who have contributed to our legal defense fund and who stood with us during this challenging time period.
WHAT WAS THE OUTCOME OF THE CASE, AND HOW DOES IT IMPACT FUTURE ATTEMPTS TO ENFORCE SUCH RULES?
The judge had a few options in this case: he could leave the Final Rule in place, ruled to only invalidate portions of the Final Rule, or vacate and throw out the entire Final Rule.
The fact that the entirety of the new regulations were thrown out is significant. As stated in the ruling, “Vacatur is appropriate given the Court’s conclusion that the ATF has exceeded its statutory authority. An illegitimate agency action is void ab initio [from the beginning] and therefore cannot be remanded as there is nothing for the agency to justify.” Accordingly, the ruling reestablished the ATF rules that had been in use for decades, which had provided guidance as to what is and what isn’t a firearm frame and receiver. That body of prior ATF guidance and opinions allowed companies to manufacture 80% products, and for customers to buy them, without fear that they were in violation of federal law.
Furthermore, a warning went out to the ATF with the Court saying, “That the agency may have historically acted ultra vires does not convince the Court it should be permitted to continue the practice.” In other words, the Court said just because the ATF has a history of acting “ultra vires” (acting beyond its legal power or authority), don’t think you can keep doing that.
HOW DOES THIS VICTORY AFFECT THE 80% COMMUNITY?
This is a tremendous victory for the entire home-build community of 80 lower enthusiasts who have supported us throughout this journey. The decisiveness of the ruling also sends a strong message to the ATF to not mess with our community of dedicated patriots that will not allow the ATF to trample over our rights. As a result, we are excited to continue our focus on supplying top-quality 80 lower receivers and jigs to our community as we have done over the past ten years.
HOW DOES THIS IMPACT THE INJUNCTION 80 PERCENT ARMS WON AGAINST THE ATF?
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. Now that the judge has ruled and settled the case in favor of 80 Percent Arms, the entire Final Rule has been thrown out so there no longer is a need for the injunction. Unless the ATF can win on appeal, the 80 percent industry is now back to normal as it was before the Biden Administration weaponized the DOJ to try to end the 80% self-made arms industry.
WHAT CAN THE COMMUNITY EXPECT FROM 80 PERCENT ARMS MOVING FORWARD?
While this is a resounding defeat for the Biden DOJ and the ATF, the battle is not over - the ATF will appeal. So as we celebrate this victory, we promise to continue standing up and fighting for the rights of our customers and the 80% community. 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 CONTRIBUTED TO THIS VICTORY?
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. Their tireless efforts and dedication to upholding Second Amendment rights played a vital role in this victory.
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
AntiquesAndArtillery is not affiliated with 80PercentArms in any way.
The original article can be accessed at 80PercentArms.