80 lowers have become increasingly popular among firearm enthusiasts who want to build their own AR-15s, AR-10s, or other firearms from scratch. However, the legalities surrounding these unfinished receivers can be confusing. To ensure you stay on the right side of the law, it’s important to understand the federal regulations governing 80 percent lowers and how they affect your rights as a builder.
In this article, we’ll break down the federal rules, clarify what you can and cannot do with an 80% lower receiver, and offer tips for navigating these regulations responsibly.
What Is an 80% Lower Receiver?
An 80% lower receiver is a partially finished firearm component that has not yet been machined to house the fire control group (trigger, hammer, and safety).
Why Is It Called “80%”?
The term “80% lower” refers to the fact that the receiver is roughly 80% complete, with the remaining machining left to the buyer. Because it is unfinished, the ATF (Bureau of Alcohol, Tobacco, Firearms, and Explosives) does not classify it as a firearm.
This distinction is critical because it allows 80% lowers to be sold without the same restrictions as completed firearms.
Federal Laws Governing 80% Lowers
1. Not Classified as Firearms
Under federal law, an 80% lower receiver is not considered a firearm because it cannot function as one in its unfinished state. This means:
- No FFL Required: You can purchase an 80% lower without going through a Federal Firearms License (FFL) dealer.
- No Background Check: Buying an 80% lower does not require a background check.
- No Serialization Required: Unfinished lowers are not required to have a serial number.
2. Legal to Manufacture for Personal Use
Federal law permits individuals to manufacture firearms for personal use without a license, provided the firearm is not intended for sale or distribution. This means you can legally finish an 80% lower and assemble it into a functioning firearm, as long as:
- It is for personal use only.
- You comply with applicable laws regarding the firearm’s design (e.g., no fully automatic firearms).
Key Restrictions to Be Aware Of
1. No Intent to Sell or Distribute
Federal law prohibits manufacturing firearms with the intention to sell, transfer, or distribute them unless you have the proper manufacturing license from the ATF.
- Scenario to Avoid: Completing multiple 80% lowers with plans to sell them to friends or at a gun show could lead to severe legal consequences.
2. Fully Automatic Firearms Are Prohibited
Completing an 80% lower to build a fully automatic firearm is illegal under the National Firearms Act (NFA).
- Fully automatic weapons are heavily regulated, and converting an AR-15 or similar firearm to fully automatic without proper licensing is a federal crime.
Do You Need to Serialize an 80% Lower?
Federal Guidelines
Federal law does not require serialization of firearms built from 80% lowers for personal use. However, adding a serial number is recommended for identification purposes, especially if the firearm is lost or stolen.
State-Specific Rules
While federal law does not mandate serialization, some states require firearms built from 80% lowers to have a serial number. For example:
- California: Requires serialization and registration of home-built firearms.
- Connecticut, New York, and Hawaii: Also impose serialization requirements.
Check your state’s laws to determine whether serialization is necessary.
What About Jigs and Tools?
The tools and jigs used to complete 80% lowers are not regulated under federal law. You can legally purchase and use a jig kit, drill press, or router to finish your lower receiver.
Potential Legal Issues
Some states and jurisdictions may regulate or restrict the use of jigs or tools for completing 80% lowers, so it’s important to be aware of your local laws.
How the ATF Regulates 80% Lowers
The ATF’s primary role is to define what constitutes a firearm. Since 80% lowers are incomplete and cannot function as firearms, they fall outside the ATF’s jurisdiction as long as they remain unfinished.
However, once you complete the machining process, the 80% lower becomes a firearm and is subject to all federal and state regulations governing firearms.
Recent ATF Actions
The ATF has occasionally revised its guidance on 80% lowers, and there have been legal challenges related to their classification. While no significant federal changes have occurred, it’s essential to stay informed about ATF rulings that may affect the status of 80% lowers.
Traveling with a Firearm Built from an 80% Lower
Federal law allows individuals to travel with firearms, including those built from 80% lowers, as long as they comply with the Firearm Owners Protection Act (FOPA).
Tips for Safe and Legal Travel
- Unloaded Firearm: Ensure the firearm is unloaded.
- Locked Container: Store the firearm in a locked container, separate from ammunition.
- Know State Laws: Research the laws of any states you’ll be traveling through, as some states have stricter firearm regulations.
Tips for Staying Compliant with Federal Regulations
1. Research Your Local Laws
Federal laws provide a baseline, but state and local regulations may impose additional requirements or restrictions. Always check the rules in your area before purchasing or completing an 80% lower receiver.
2. Keep It for Personal Use
Building a firearm for personal use is legal under federal law, but selling or distributing it without proper licensing is not.
3. Consider Serialization
Even if it’s not required, adding a serial number to your completed firearm can help with identification and recovery if it’s ever lost or stolen.
4. Follow ATF Guidelines
Stay up-to-date with ATF rulings and guidance on 80% lowers to avoid unintentionally violating federal laws.
Final Thoughts
80% lowers offer firearm enthusiasts a unique way to build custom firearms while staying within federal regulations. By understanding the rules, avoiding common pitfalls, and complying with local laws, you can enjoy the benefits of building your own firearm while staying on the right side of the law.
Ready to start your build? Check out Thunder Tactical for high-quality 80% lowers, jig kits, and everything you need to create your custom firearm legally and safely.