THE FIGHT FOR OUR RIGHTS CONTINUES
Important Update Regarding ATF Regulations and Easy Jig Sales
Due to recent changes in ATF regulations, 80% Arms can no longer sell or support jigs directly.
Support and Warranty Service:For all Easy Jig customers,modulusarms.comwill now handle support. Modulus Arms will honor warranty services, provide technical support, and offer replacement tools and parts for all Easy Jig products.
Manufacturing and Sales:While Easy Jigs will continue to be manufactured by 80% Arms, all sales must now be conducted through our independent dealers to comply with the new regulation. We are no longer permitted to sell jigs or distribute manuals via our website under these new ATF rules.
Legal Challenges:We are actively challenging this government overreach in court. We are optimistic about a favorable ruling from the Supreme Court in 2024, as both the District Court and the 5th Circuit Court of Appeals have ruled decisively in our favor.
Availability through Dealers:In the meantime, our jigs are still available through our dealers, despite our inability to sell them directly.
We appreciate your understanding and continued support during these changes.
February 8th, 2024:At 80% Arms, our commitment extends beyond providing high-quality products; we also aim to inform our community about legal proceedings that can significantly impact the firearms industry and to encourage grassroots activism to reverse and oppose such ill-conceived regulations.
The recent documents filed with the Supreme Court by the Biden Administration have propelled a critical debate on the Gun Control Act of 1968, focusing on the regulation of firearm parts kits. This new filing by the Biden Administration, a petition for a writ of certiorari, is a formal appeal to the Supreme Court to review and potentially reverse the lower court's decision. We’ve already obtained favorable rulings against the ATF in both the district court and the appellate court, so this is another desperate move by the ATF to hold onto their new regulations that the courts have already ruled as unlawful.
The ATF's 2022 regulations, which broadened the definition of firearms to include build kits that include both a jig and a lower, have raised significant concerns within our community. The language used in this regulation is purposefully ambiguous and has introduced uncertainty, deterring enthusiasts from engaging with 80% lowers, despite their legality. This ambiguity also presents challenges for manufacturers of 80% products to comply with the capricious and arbitrary requirements restricting how our products can be sold, supported, and even advertised.
The Biden administration's push to regulate the right to privately manufacture firearms through this Supreme Court intervention is yet another encroachment on our constitutional rights, sidestepping Congressional authority. This action aimed at destroying the 80% industry and community, infringes on the freedoms of law-abiding citizens under the guise of public safety. This marks a critical pivot, moving towards increased governmental intrusion without voter approval or Congressional oversight, by using a regulatory agency to make changes to law which only Congress is allowed to do. We're diligently tracking these shifts, and adjusting our operations under the ever-changing legal landscape, as we continue to challenge the ATF in court each step of the way. We will continue to protect our customers' interests and the future of our industry while upholding the principles valued by our community.
November 9th, 2023:The Fifth Circuit Court of Appeals issued a landmark decision in VanDerStok v. Garland, overturning the ATF's "frame or receiver" rule and marking another significant victory for 80 Percent Arms. The court criticized the ATF for overstepping its regulatory authority, effectively accusing it of rewriting the law without proper legal basis. The court creatively used the “cakes that look like food” internet trend as an analogy to illustrate its point on gun regulation by drawing a parallel between a cake that looks like a hamburger, or like a gun, is not a hamburger or a gun. This comparison highlighted the ATF's flawed approach, where regulations were applied not just to genuine frames and receivers, but also to items that merely resembled them.
Judge Oldham wrote an opinion supplementing the majority's findings in order to explore additional problems with the Final Rule, where he says “The Final Rule is limitless… The GCA allows none of this.” Judge Kurt Engelhardt, also supporting the majority opinion stated, "The agency rule at issue here flouts clear statutory text and exceeds the legislatively imposed limits on agency authority in the name of public policy." He further clarified that the expansion of firearm regulation and the criminalization of actions that were previously legal are not sanctioned by Congress, rendering the proposed rule an unlawful agency action that goes against legislative intent.
The court firmly concludes that until Congress modifies the Gun Control Act, the ATF must adhere to the existing statutory limits. The Final Rule, according to the court, crosses those boundaries, resulting in the ATF essentially rewriting the law, a move that is not permissible, particularly when it leads to the broad imposition of criminal liability without legislative input.
However, it's important to note that despite the court's ruling, the "frame or receiver" rule remains active due to a stay by the Supreme Court from August 8th. The Supreme Court's intervention means that the Final Rule will remain in effect until the legal proceedings are concluded. In all likelihood, the ATF will appeal again to the Supreme Court, where the court can either refuse to hear the case or agree to review it. If the Supreme Court agrees to review the case, it will involve a thorough examination of the legal and factual aspects as presented in the lower court's records and additional briefings submitted to the Supreme Court. After reviewing the case, the Supreme Court would issue a binding final judgment.
Despite this victory, at 80 Percent Arms, we recognize the ongoing challenges ahead, particularly with the Supreme Court's stay keeping the 'frame or receiver' rule active during the litigation. We remain undeterred, committed to continuing our fight against government overreach, and ready to confront the ATF's likely appeal to the Supreme Court. Our team is prepared to put forward a vigorous legal battle, should the Supreme Court choose to review the case. Our steadfast commitment and determination to uphold the rights and interests of our community and industry remains resolute.
October 16th, 2023: In the face of unprecedented challenges to our Second Amendment rights, 80 Percent Arms and Defense Distributed are at the forefront of a pivotal legal struggle to safeguard these fundamental freedoms. Despite a recent Supreme Court decision allowing a contentious ATF rule to remain active during litigation—a rule dubiously expanding the definition of "firearms"—we remain resolute in accepting and processing orders. Your purchases and contributions are crucial, directly empowering our ongoing quest for justice and liberty.
While global trends show nations enhancing their citizens' firearm rights in response to security concerns, the U.S. seems to be diverging with increased regulatory oversteps. These include the ATF's attempts to bypass congressional authority and alarming calls from political figures like Vice President Kamala Harris for stringent gun control measures. Such steps not only erode our basic rights to self-defense but also represent significant governmental overreach.
Our fight is twofold: we are standing against the unjust expansion of bureaucratic power while ardently defending our constitutional right to bear arms. The current ATF rule intrusively includes "unfinished frames and receivers" within the scope of regulated firearms, an overextension that blatantly disregards congressional prerogatives and disrupts the balance of constitutional powers.
Our October 11th, 2023, detailed response to the Supreme Court highlights this overreach, emphasizing that the rule defies the ATF's statutory boundaries and, critically, the democratic principles underpinning our nation's governance structure. This battle transcends the issue of firearms; it's about curbing administrative excesses and preserving the nation's foundational tenets.
Despite setbacks, our resolve remains unshaken. Our plea for an injunction is a plea for justice, a rallying cry to uphold the universal principles and rights intrinsic to our nation's identity. As we navigate these trials, our commitment to the Second Amendment and to those affected by overregulation is unwavering.
Join us in this critical journey, as we press on with steadfastness and resolve, championing the constitutional principles that anchor America's enduring strength.
October 11th, 2023:BlackHawk Manufacturing (dba, 80 Percent Arms), in conjunction with Defense Distributed, officially submitted a comprehensive response to the Supreme Court in the ongoing battle against the ATF. We’re actively engaged in a significant legal standoff that has reached the Supreme Court to uphold Second Amendment freedoms challenging the unlawful new regulatory amendments issued by the ATF. The core issue stems from the ATF's 2022 ‘Frame and Receiver’ Rule, a precedent-setting expansion that redefines “firearms” to include "unfinished frames and receivers" as well as "frame and receiver part kits." This rule is not only an illegal overextension of the ATF's authority but also an infringement on our rights under the Second Amendment.
Our responses to the Supreme Court mark a significant step in our continued effort to safeguard not just the interests of our industry, but the fundamental rights and freedoms of all Americans. We remain dedicated to this cause and are prepared to engage fully in all forthcoming aspects of this legal challenge. You can support us during this fight by purchasing directly from ushere.
As we've argued inour recent response, "The challenged Final Rule has its beginnings in an Executive Branch directive to the U.S. Attorney General to take action without regard to the lack of statutory authorization to do so." This position is more than a mere disagreement over regulatory interpretation; it stands for the principles of legislative authority and constitutional rights. Our position highlights a crucial aspect of American democracy: the separation of powers. Lawmaking is Congress's responsibility, to ensure that laws reflect the people's voice. When the ATF enforces rules not based on actual legislation, it oversteps its role and infringes on Congress's territory, upsetting the constitutional balance. This isn't only about protecting our industry; it's also about defending the rule of law and the constitutional rights, including the clear mandates of the Second Amendment, that are central to American identity.
Our fight is not just about the right to manufacture, sell, or own firearms. It's about the broader implications of bureaucratic overreach.By administrative regulation, ATF’s 'ghost gun' rule tries to criminalize what Congress did not actually and could not constitutionally criminalize.This rule, we argue, goes beyond the bounds of the ATF's statutory authority, attempting to enforce laws not enacted by our legislative representatives.
Defense Distributed and 80 Percent Arms are entitled to the injunction pending appeal, not as a matter of special privilege, but as a matter of legal right and principle. The same principle applies to all other entities standing against this rule.
At 80 Percent Arms, we stand strong and won’t back down. We fight for the rights promised to us in the Second Amendment and for fair play in our courts and laws. We stand shoulder to shoulder with everyday people and businesses who are feeling the pressure and burden of regulations that have gone too far. And we stand firm for the rule of law, making sure that our rights, and the rights of all Americans, are kept safe and respected.
Let’s move forward together, standing tall under our flag of freedom, and keep protecting the values that make our nation truly great.
You can also learn more about our fight by watching the videos below
October 6th, 2023:The Supreme Court, an institution we hold in the highest regard, cast a shadow on our freedom. They are temporarily halting protections from the District Court and the 5th Circuit Court of Appeals, enabling the Biden Administration's enforcement of the new frame and receivers regulations. Justice Samuel Alito granted the Government a stay on our injunction until October 16th, 5 PM EDT, allowing time for a more detailed court review of our case.
DESPITE THIS RULING, WE ARE STILL ACCEPTING AND PROCESSING ORDERS.
Before theSCOTUS stay, the 5th Circuit Court of Appeals upheld our right to sell jigs and receivers, albeit with narrowed protection to only Blackhawk Manufacturing Group (dba 80 percent Arms) and Defense Distributed. The ATF, persistently seeking control, appealed this decision, bringing SCOTUS into play again.
Despite decades of precedent, determination letters, and lawful 80% product sales, the ATF aims to bankrupt our industry, insisting on immediate sales halt and weaving a hysteric narrative of business risk, while ignoring: a) the unlawfulness of their new rule; b) the historical significance of Privately Manufactured Firearms (PMFs); and c) the responsible use by the majority of PMF owners. They insist sales must cease immediately, refusing to allow for an orderly conclusion to the litigation to see who emerges victorious. They are acutely aware that bankrupting companies before the litigation concludes ensures their victory.
At 80 Percent Arms, we stand resilient, committed to providing Americans with firearm-building tools and defending 2nd Amendment rights. This fight is not just about parts; it's about safeguarding American freedom against the ATF’s attempts to label kits as "firearms" and circumvent Congress and the Gun Control Act. We prepare to take on the ATF in the Supreme Court, confident that, with the rule of law, the court will see through the Government’s deception and rule in our favor.
You can support the fight by purchasing from us orcontributing to our legal fund, which fuels our ongoing litigation.
IS THE FIGHT OVER?
NO.
The Supreme Court recently decided to uphold the ATF's "ghost guns" rule- our fight is far from over. On October 16th, we're gearing up to defend your rights before the court.
Our position remains steadfast: the manufacturing, selling, and owning of 80% lowers should face no undue restrictions.
We appreciate every ounce of your support. 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 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 battle on October 16th 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
