The ATF’s Definition of an AR-15 Lower as a ‘Firearm’ Is In Serious Trouble

https://www.thetruthaboutguns.com/th...rious-trouble/

Joseph Roh was smart enough to hire a good attorney, Gregory Nicolaysen. Nicolaysen did his homework and actually read the federal statue that lays out what constitutes — legally speaking — a firearm. When Roh’s case came to trial in 2018 . . .

Nicolaysen argued that the definition of a receiver under the relevant federal code differed in various ways from the AR-15 component Roh was accused of manufacturing.
Under the US Code of Federal Regulations, a firearm frame or receiver is defined as: “That part of a firearm which provides housing for the hammer, bolt or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel.” (emphasis added)
The lower receiver in Roh’s case does not have a bolt or breechblock and is not threaded to receive the barrel, Nicolaysen noted.

And neither does any other AR-15 lower receiver. Where most firearms have a monolithic receiver that meets the definition under federal law, an AR has a split receiver, an upper and a lower. Neither component, strictly speaking, meets the definition of a frame or receiver that is explicitly laid out in the law.In effect, Nicolaysen argued that the ATF’s interpretation of federal law that they’ve been using to deem AR-15 lowers as legal firearms is wrong…and has been since, well, forever.

This is very bad news. They will instead make the upper portion the receiver, which will make kit building much more expensive

I'm pretty sure that's exactly what they did for .50BMG uppers for the AR15s.

* this is a duplicate thread

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Originally Posted by raxar

This is very bad news. They will instead make the upper portion the receiver, which will make kit building much more expensive

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My first thought too, this has been floating around a lot of forums today. Idk if anyone thinks this is "good news" but it's not.

Quote:

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Originally Posted by raxar

This is very bad news. They will instead make the upper portion the receiver, which will make kit building much more expensive

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Simple , just serial number upper/lower receivers and barrels.

If you look at the language used 'Frame or receiver. That part of a firearm which provides housing for the hammer, bolt or breechblock and firing mechanism, and which is usually threaded at its forward portion to receive the barrel. ' the AR lower does provide housing for the hammer and firing mechanism if you define that as the sear and trigger. Note the first part is OR then AND then usually, so A or B or C and D and usually E makes the statement true. Only need one from the first group and one from the second to meet minimum requirements.

NOTE: IANAL

Already in discussion:

http://forum.pafoa.org/showthread.php?t=352874

N.