Pennsylvania firearms laws can be complex, and understanding the legality of 80% lowers is crucial for anyone considering purchasing or owning one. This guide provides a comprehensive overview of the current legal landscape surrounding 80% lowers in Pennsylvania, clarifying the regulations and potential legal implications.
What are 80% Lowers?
An 80% lower receiver is an unfinished firearm part that resembles a lower receiver but lacks crucial components, making it not yet a fully functional firearm under federal law. These unfinished receivers typically require machining or other modifications to become functional firearm lowers. The "80%" designation refers to the percentage of completion; they're approximately 80% finished, meaning a significant amount of work remains before they are a functional part of a firearm. These unfinished parts are often purchased online or from specialized retailers.
Pennsylvania's Laws Regarding 80% Lowers
Pennsylvania's laws concerning 80% lowers are less explicitly defined than some other states. There isn't a specific statute directly addressing them. The legality hinges on how the Pennsylvania Uniform Firearms Act interprets the definition of a "firearm" and the steps required to complete an 80% lower receiver into a functional firearm lower.
Key Considerations:
- Definition of "Firearm": The Pennsylvania Uniform Firearms Act defines a firearm in terms of functionality. The act focuses on the finished product capable of firing ammunition, not necessarily the components before assembly or modification.
- Completion Process: The crucial element is the act of completing the 80% lower. The process of milling or otherwise modifying an 80% lower receiver to create a functional part falls under the purview of the law. Simply possessing an 80% lower receiver that has not been modified may not be illegal, but completing it without a license could be.
- Federal Regulations: While Pennsylvania's laws are ambiguous concerning 80% lowers, federal laws apply. It is illegal to manufacture a firearm without a license from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). This means that modifying an 80% lower to create a fully functional firearm lower may violate federal law without the appropriate licenses.
Ambiguity and Interpretation:
The lack of clear, state-level legislation regarding 80% lowers creates a gray area. This ambiguity leaves room for varying interpretations of the law and potential for legal challenges. It is strongly recommended to consult with a legal professional specializing in Pennsylvania firearms law for definitive guidance on this issue.
Legal Ramifications of Completing an 80% Lower in PA
Completing an 80% lower receiver in Pennsylvania and subsequently possessing a fully functional firearm made from these parts carries significant legal risks if done without proper licensing and compliance with federal and state regulations. Potential penalties can include:
- Felony Charges: Manufacturing a firearm without a license is a serious federal offense carrying severe penalties, including lengthy prison sentences and substantial fines.
- Misdemeanor Charges: Depending on the specifics of the case, state-level charges could also be filed, ranging from misdemeanors to more serious felonies.
- Confiscation of Firearms: Any firearms assembled from illegally completed 80% lowers are subject to confiscation by law enforcement.
Recommendations
Given the ambiguous legal landscape surrounding 80% lowers in Pennsylvania, it's essential to exercise caution and proceed with legal counsel before engaging with these parts.
To avoid legal trouble:
- Consult with a legal professional: Seek guidance from an attorney specializing in Pennsylvania firearms law before purchasing, modifying, or possessing 80% lowers.
- Stay informed: Keep abreast of changes in Pennsylvania firearms law and federal regulations concerning firearm manufacturing.
- Prioritize compliance: Ensure complete adherence to all federal and state regulations regarding firearms ownership and manufacturing.
Disclaimer: This information is for educational purposes only and should not be considered legal advice. Consult a legal professional for guidance on Pennsylvania firearms laws.