What is 80% lower prosecution

| by Max Soni

Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek, where we’ve built our reputation on cases others said were unwinnable. Our criminal defense attorneys have over 40 years of combined experience handling the most complex federal firearms cases, including cases that made national headlines. We represented Anna Delvey in the case that became a Netflix series, we handled the Ghislaine Maxwell juror misconduct matter, we’ve defended clients in situations involving allegations like the Alec Baldwin stalking case. If you’re facing 80% lower prosecution – you need attorneys who understand both the technical firearms regulations and how federal prosecutors actually build these cases.

80% lower prosecution means federal criminal charges for possessing, manufacturing, or selling unfinished firearm frames or receivers that ATF now classifies as firearms under the Gun Control Act. After the Supreme Court upheld ATF’s ghost gun regulations in March 2025, prosecutors have much more power to charge people who thought they were operating legally. The stakes are real – defendants are getting 5 to 10 years in federal prison, sometimes more when other charges stack on top.

Federal prosecutors charge 80% lower cases under several different statutes depending on what you did. Unlicensed manufacturing under 18 U.S.C. § 922(a)(1)(A) hits people who complete 80% lowers without a Federal Firearms License. Dealing in firearms without a license under the same statute applies if you sold or transferred completed builds or even certain kits. If you’re a prohibited person – prior felony conviction, domestic violence misdemeanor, drug user – completing an 80% lower becomes felon in possession of a firearm under 18 U.S.C. § 922(g). That charge alone carries up to 10 years.

The bigger problem is how ATF defines what counts as a firearm now. An 80% lower used to mean you had a hunk of aluminum that needed significant machining. ATF took the position for years that these weren’t firearms because they required substantial work to become functional. That changed with the Frame and Receiver Rule that went into effect in August 2022. ATF now uses a “readily convertible” standard – if the item can be turned into a functional firearm without specialized tools or skills, it’s already a firearm under federal law.

The Supreme Court’s decision in Bondi v. VanDerStok made this worse for defendants. On March 26, 2025, the Court ruled 7-2 that ATF has authority to regulate certain ghost gun kits and unfinished receivers as firearms. Justice Gorsuch wrote that products like Polymer80’s “Buy Build Shoot” kits – which can become working guns in a few hours with basic tools – qualify as firearms under the Gun Control Act. The decision doesn’t mean every 80% lower is automatically a firearm, the Court was careful about that. But it gives prosecutors a green light to charge cases involving kits sold with jigs, drill bits, and instructions.

Real people are going to prison for this. Terry Brooks got 10 years in the Southern District of New York for possessing nine firearms including two ghost guns he built himself – he’d purchased over 50 firearm components online between July 2023 and August 2024. Harry Miller in Pennsylvania got 120 months for manufacturing and trafficking ghost guns as part of “hit kits.” Marquel Payne in Indiana got seven years for 3D printing ghost guns and auto sears. Mark Harris in D.C. got 65 months for possessing three firearms including one ghost gun and ammunition.

Most of these cases involve additional charges beyond just the 80% lower itself. Brooks shot someone, Miller was trafficking. But even possession cases are getting serious time when the defendant has a criminal history. The federal sentencing guidelines for firearms offenses fall under § 2K2.1 – a single ghost gun possession by a felon typically starts at offense level 20, which means 33-41 months for someone with minimal criminal history. Add enhancements for multiple firearms or drug crimes, and sentences climb fast.

The government has to prove willfulness in these prosecutions – you have to know your conduct violates the law. During oral arguments in VanDerStok, the government said it would “likely decline to charge someone” in situations where the person genuinely didn’t know they were breaking the law. That sounds protective until you think about what it means in 2025. Before the Supreme Court decision, you might argue you didn’t know ATF considered your 80% kit a firearm. After March 2025, that argument gets much harder. Ignorance of the law isn’t a defense, and federal prosecutors will argue that anyone paying attention knew about the regulatory changes.

Selling 80% lowers or completed ghost guns without an FFL is where a lot of people get into trouble. Federal law prohibits dealing in firearms without a license – “dealing” means buying and selling guns as a business, not just selling a couple from your personal collection. An Orland Hills man got charged for selling 36 firearms including ghost guns. Two Indianapolis men were charged for trafficking 10 guns. The fact that these were ghost guns made the cases worse because prosecutors argue you were deliberately evading regulations.

If ATF comes to your door asking about 80% lowers, do not talk to them without an attorney. Federal agents are trained to make these conversations seem informal, like they’re just gathering information. Everything you say can and will be used to build a criminal case against you. They’ll ask how many you built, whether you sold any, where you got the parts, whether you knew about serialization requirements. Your answers give them probable cause for search warrants and evidence for prosecution. You have a Fifth Amendment right to remain silent – use it.

The 2025 amendments to the federal sentencing guidelines added specific provisions for machinegun conversion devices. If you built a ghost gun and also possessed conversion devices, prosecutors will stack charges. Manufacturing an unregistered machinegun under the National Firearms Act carries 10 years, and that’s separate from the ghost gun charges.

State charges can run parallel to federal charges. New York is aggressive – Dexter Taylor got 10 years in state prison for possessing unfinished frames and receivers. California, New Jersey, Connecticut have their own laws criminalizing unserialized firearms. You can get charged in both state and federal court for the same conduct.

At Spodek Law Group – we handle these cases differently than other firms. Our managing partner Todd Spodek is a second-generation criminal defense lawyer who’s been winning firearms cases for many, many years. We have former federal prosecutors on our team who know exactly how ATF and DOJ build these investigations. We’ve defended clients in situations where prosecutors claimed the case was a slam dunk, and we’ve gotten outcomes our clients needed. Whether it’s challenging the search that found the 80% lowers, fighting the “readily convertible” determination, negotiating for cooperation credit, or taking the case to trial – we know what works.

If you’re under investigation for 80% lowers or ghost guns, time matters. Once prosecutors file charges, your options narrow. Before charges, we can sometimes negotiate outcomes that avoid prosecution entirely. Maybe the lower wasn’t actually readily convertible, maybe the search violated the Fourth Amendment. Every case is different, and generic internet advice doesn’t help when you’re facing 10 years in federal prison. The law changed in 2025 – people who built 80% lowers years ago under what they believed were legal rules are now getting prosecuted. We’ve handled high-stakes federal firearms cases across the country, we know the judges, we know the U.S. Attorneys’ offices, and we know how to fight.