In the six-year-old case of Landmark v. Evanchick, in Pennsylvania, the Firearms Policy Coalition has been vindicated. A settlement has been reached. The Pennsylvania State Police has agreed to revoke the policy of the Pennsylvania State Police to the effect that partially-manufactured frames, receivers, and kits, often referred to as 80% frames and receivers, were firearms that required a background check through an FFL before purchase.
The case started six years ago, on December 16, 2019. Then, Attorney General of Pennsylvania Josh Shapiro issued an opinion classifying 80% receivers as functional firearms. Just four days later, on December 20, 2019, Firearms Policy Coalition filed a lawsuit against the Pennsylvania Police, which had stated they would accept the Attorney General’s opinion in their policies. On January 21, 2020, Judge Brobson of Pennsylvania’s Commonwealth Court issued an order preventing the enforcement of the policy. On April 21, 2022, the court issued an order granting a stay pending Pennsylvania State Police promulgation of new regulations, to be based on new federal regulations.
The parties attempted to resolve the matter amicably. On February 23, 2026, they jointly petitioned the court, agreeing to the following:
- The matter is now moot.
- The preliminary injunction can be dissolved
- The parties shall bear their own costs
- The matter can be discontinued without prejudice.
In addition, the parties agreed:
This stipulation does not alter the Pennsylvania State Police’s obligation to comply with any and all federal requirements as a point-of-contact state for NICS.
On March 6, 2026, the Court issued an order directing the following:
1. The preliminary injunction issued pursuant to this Court’s January 31, 2020 Opinion and Order is hereby dissolved and the Prothonotary is ordered to return the cost bond, in the amount of $100.00, to counsel for Petitioners Landmark Firearms LLC, US Rifle, LLC, Polymer80, Inc., and Firearms Policy Coalition, Inc.;
2. The Parties shall bear their own costs, expenses, and attorney fees in this matter; and
3. The Prothonotary shall mark this matter discontinued without prejudice.
The case is now ended. The Pennsylvania State Police have not required firearms made with “80%” receivers to be sold only with serial numbers and only through Federal Firearms Dealers in the State of Pennsylvania for the last six years.
The rule promoted under the Biden Administration was upheld as acceptable under the Administrative Procedure Act. The rule was not challenged under the Second Amendment. In the future, much depends on what new rule is promoted by the ATF in the Trump administration on what is considered a firearm.
Firearms have been made at home by individuals since before the colonies became the United States of America. The ATF argued that technological changes have made the selling of kits that can be made into functional firearms as quickly as firearms can be legally purchased, rendering those kits the same as functional firearms. Such an argument was under the Biden administration. The ATF is set to issue a new rule under the Trump administration. The key appears to be what the term “readily convertible” means under the law.
My best guess would be something to the effect of “If the kit can be assembled into a functional firearm in less than two hours by an ordinary individual with commonly available tools, it is ‘readily convertible’.
Many other possibilities exist.
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About Dean Weingarten:
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.
