We recently reported on the open letter from the ATF to FFLs regarding its final rule on receivers (below). The letter specifically called out Polymer80 and Lone Wolf. This did not sit well with Polymer80, which quickly responded. Now we happily update that Polymer80 and others scored a big win recently!
ATF Final Rule on Receivers Update: A Win for Polymer80
On March 19, the District Court of Northern Texas ruled in favor of a Temporary Restraining Order and Preliminary Injunction. The ruling clears Polymer80 to resume production of build kits, despite the previous ATF ruling on receivers. The ruling states the “Defendants,” or federal law enforcement, “and their officers, agents, servants, and employees are enjoined from implementing or enforcing against Polymer80, Inc. or its customers…”
“This is no small win and it’s just one more step to restore our liberties,” said Polymer80 Founder & CEO Loran Kelley in a statement. “Polymer80 has been granted a temporary restraining order and preliminary injunction allowing us to resume selling and shipping our quality pistol frame kits, which will include the pistol frame, jig and associated components as one.
“This massive triumph over clearly unconstitutional overreach and abuse of power is a hard-won victory in a larger war,” Kelley continued. “Know that Polymer80 is not done!”
The temporary stay on ATF actions against companies manufacturing partially finished lowers is far from over. The Biden-Harris administration makes no bones about its goals here. The gun control agenda remains unchanged and unrelenting. But it’s nice to report a win here today nevertheless–one that hopefully reverberates for some time to come.
Polymer80 Promises to Fight ATF Final Rule on Receivers
On January 5, 2023, Tactical Life reported:
The open letter from the ATF declares certain Polymer80, and Lone Wolf blanks “firearms” under its interpretation of Final Rule 2021R-0F5. As a result, the frames now fall under FFL regulations. According to the company, this is just the latest in the ATF’s assault on Polymer80, its products, and the Second Amendment.
For this reason, Loran Kelley, Founder, and CEO of Polymer80, wants to make three things very clear:
- Polymer80 is not – and I am not – taking the bait. While Polymer80 vehemently disagrees with the open letter, we will take appropriate steps to ensure we continue to remain in compliance with applicable laws or regulations.
- In addition to continuing to produce quality products and innovate, we are also modifying existing product lines taking into careful consideration – as best we can given ATF’s constantly changing interpretations of its own rules – ATF’s various positions, statements, and guidance, as well as the Final Rule and challenges to it across the country.
- Finally, we are going to fight, as vigorously and fervently as ever, using every resource available to us in the legal system, against the open letter and reclaim our rights.
Polymer80 Shoulders Considerable Legal Expenses
Kelley goes on to explain that although the company has shouldered considerable legal expenses, it does not ask for donations or crowdfunding. In fact, the company feels that it will prevail because people buy its products and believe in the quality. However, legal battles such as this take a financial toll on a company, and there’s a way you can help.
In lieu of asking for donations, the company will be running more promotions and activities on its retail website. The sales campaign is designated “The War Chest” because it enables Polymer80 to continue to fight and take legal action.
Kelley asks that you support the company’s efforts by purchasing its products, being active, and engaging customers. This will help to continue to fund the fight against attempts to shut it down.
Kelley finished by stating, “Please join us. Buy our products and support Polymer80. Together, we can take lawful action to stop the continuous encroachment on our lives, the American way of life, and the Second Amendment.
“Thank you all and may God bless you all.”
For more information on coming promotions and activities, please visit Polymer80.com.
On December 28, 2022, Tactical Life reported:
The ATF issued an open letter to U.S. FFLs Tuesday. The guidance attempts to explain the ATF final rule on receivers, including partially finished lowers like Polymer80, Lone Wolf and others. The letter strikes a blow, to be sure, to the build community. The following excerpt from the letter spells it out quite succinctly. The ATF considers all these frames firearms and FFL items.
ATF Final Rule on Pistol Receivers & Partial Frames
“…partially complete Polymer80, Lone Wolf, and similar striker-fired semiautomatic pistol frames, including, but not limited to, those sold within parts kits, have reached a stage of manufacture where they ‘may readily be completed, assembled, resorted, or otherwise converted’ to a functional frame. This definition of ‘readily applies to each and every classification of a partially complete frame or receiver under the Rule, whether sold alone or as part of a kit. Therefore, even without any associated templates, jigs, molds, equipment, tools, instructions, guides, or marketing materials, these partially complete pistol frames are ‘frames’ and also ‘firearms’ as defined in the GCA and its implementing regulations …”
The letter sparked immediate jubilation in the anti-gun crowd. It marked another significant win brought to them by the Biden administration.
“A.T.F. listened to the calls for meaningful enforcement of President Biden’s muscular ghost gun rules to stem the tide of these deadly weapons into our communities,” said John Feinblatt, the president of Everytown, reported The New York Times. “We applaud the guidance today proving that A.T.F. won’t allow the gun industry to subvert our nation’s laws.”
At issue for many 2A advocates, gunmaking, in the hands of private citizens, remains a time-honored tradition. ATF’s new rule suggests partially finished frames comprise some sort of “get-around” for “ghost gun” builders. The letter states:
Divide & Conquer
The “…frames used to assemble semiautomatic striker-fired pistols, are also manufactured from a polymer material and incorporate temporary rails or blocking tabs that are easily removable by a person with novice skill, using common tools, such as a Dremel-type rotary tool, within minutes–an amount of time and a set of circumstances that are far less than required to fall within the meaning of the term ‘readily’ in the Final Rule. Once this material is removed, the partially complete frame3s are immediately capable of accepting both the slide rail attachments and fire control components, including the sear.”
But many in the firearm industry oppose the ruling. A coalition joined forces to oppose the change; 17 states and activists sued the Biden administration. A North Dakota court ultimately rejected that suit. A federal case, however, in Texas remains in play. A judge issued a temporary restraining order against implementing the rule, reported The New York Times.
Editor’s Note:
The plague of alleged Ghost Guns comprises nothing more than a farce. The anti-gun left came up with some really good marketing. They crafted a story claiming this segment of guns posed a serious threat. Then they took it down. Biden pointed his new ATF director in the direction of small segment of guns. Then the ATF attacked it and took it down. This time it was partially finished frames. AR pistols, suppressors, SBRs–the list will continue to grow. This is the new game. Divide and conquer, until there is nothing left.
