The legality of Polymer 80% lowers, often referred to as "ghost guns," is a complex and frequently debated topic. The short answer is: it depends on your location and how you handle the build. Federal and state laws vary significantly, making it crucial to understand the regulations in your specific jurisdiction before purchasing or assembling a Polymer 80% lower.
What are Polymer 80% Lowers?
Polymer 80% lowers are unfinished firearm receivers made from polymer, typically requiring significant modification and assembly to become functional firearms. They are marketed as "80%" complete because they lack critical components, meaning they aren't yet considered firearms under some interpretations of the Gun Control Act (GCA). This partially-finished state is the core of the legal ambiguity surrounding them.
Federal Regulations on 80% Lowers
Federally, the key legislation is the Gun Control Act of 1968 (GCA). While the GCA defines "firearm" and includes receivers, the definition leaves room for interpretation regarding partially finished components like 80% lowers. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has issued rulings and guidance documents, but these have shifted over time, adding to the confusion.
Currently, the ATF generally considers a receiver to be a firearm once it is substantially complete. This means that the addition of certain components (often the trigger group) can transform an 80% lower into a regulated firearm, triggering requirements like serial numbers and background checks. However, the precise point at which an 80% lower becomes a "firearm" remains a subject of ongoing debate and legal challenges.
State Laws Governing 80% Lowers
State laws regarding 80% lowers vary considerably. Some states have explicitly banned them, while others have more lenient or undefined regulations. It's imperative to research your state's specific laws before acquiring or assembling an 80% lower. Failure to comply with state and local ordinances can result in serious legal consequences, including fines and imprisonment.
Several states have introduced legislation aimed at tightening regulations on 80% lowers, mirroring concerns about their use in untraceable firearms. These laws often require serial numbers, background checks, or prohibit their sale or possession entirely.
Key Factors Influencing Legality
Several factors influence the legal status of an 80% lower:
- Your State's Laws: This is the most crucial factor. State laws frequently supersede federal guidance in the area of firearms regulation.
- The Stage of Completion: The degree to which the lower has been modified is a major consideration. Completing the final steps to create a functional firearm may legally transform it into a regulated firearm.
- Intent: While not always explicitly stated in the law, the ATF may consider the intended use of the 80% lower. If the purpose is to build a firearm, it significantly increases the likelihood of legal repercussions.
- Sales and Distribution: Regulations on the sale and distribution of 80% lowers are also strictly enforced and vary widely by state.
Staying Informed and Staying Legal
Given the evolving legal landscape surrounding 80% lowers, staying informed is critical. Consult legal counsel specializing in firearms regulations and regularly check your state's attorney general's website or relevant regulatory agencies for the most current information. Always prioritize legal compliance to avoid potential penalties and complications.
Disclaimer: This information is for educational purposes only and does not constitute legal advice. The laws surrounding 80% lowers are complex and subject to change. Consult with a legal professional for guidance specific to your situation and location.
