Pennsylvania Firearm Owners Association
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  1. #11
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    Default Re: He sold illegal AR-15s. Feds let him go free to avoid hurting gun control efforts

    Quote Originally Posted by unclejumbo View Post
    I caught that as well. No evil "ghost gun" hysterics.
    CNN did include this guy though:

    Adam Winkler, a UCLA constitutional law professor and Second Amendment expert, predicted that Selna's tentative order would have "broad implications" and would encourage others to challenge existing law.
    ...
    When he was first informed of the judge's tentative order by a CNN reporter, Winkler said, "I thought the logic was crazy."
    But after reviewing the order and several filings in the case at the request of CNN, he said Selna's rationale appeared legally sound.
    "It does seem like there is problem," Winkler said.
    If he's a 2A expert, I'm an astronaut.
    Any real 2A expert could see the logic 10 miles out.
    How can you have any cookies if you don't drink your milk?

  2. #12
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    Jul 2013
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    Mohnton, Pennsylvania
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    Default Re: He sold illegal AR-15s. Feds let him go free to avoid hurting gun control efforts

    Quote Originally Posted by Berncly View Post
    Also worth noting that suddenly CNN is capable of a technically accurate and detailed 2A report when they have an anti 2A agenda and want to change the laws.
    Makes me think that 99% of their other 2A reporting which is ridiculously inaccurate and full of anti 2A hyperbole is done deliberately (as if we didn't already know).
    Good point
    The Gun is the Badge of a Free Man

  3. #13
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    Default Re: He sold illegal AR-15s. Feds let him go free to avoid hurting gun control efforts

    This is not a reason to celebrate. Rather not speculate.
    The Gun is the Badge of a Free Man

  4. #14
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    Feb 2013
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    Ercildoun, Pennsylvania
    (Chester County)
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    Default Re: He sold illegal AR-15s. Feds let him go free to avoid hurting gun control efforts

    The '68 GCA is nothing but a house of cards and someone has to come along and knock it over.
    Corruption is the default behavior of government officials. JPC

  5. #15
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    Apr 2009
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    New Park, Pennsylvania
    (York County)
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    Default Re: He sold illegal AR-15s. Feds let him go free to avoid hurting gun control efforts

    What we DON'T want out of this is European type of regulation on parts where they interpret any pressure bearing component as being subject to regulation as a firearm. Idiots like this dude in California who constantly taunt the lion could end up forcing court rulings which could end up causing this.

    Don't get me wrong. I think 80% lowers are okay for people to do their own builds. However the particulars in this case pushed the exemption way too far. BATF had to act. Stupid on them to pursue the line of logic in prosecution. Too bad they didn't leave things to the State of California to prosecute under all the existing laws they have there. Probably could have nailed the guy for things ranging from zoning violations, to environmental regs, to conspiracy to commit criminal enterprise.

  6. #16
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    Dec 2006
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    Default Re: He sold illegal AR-15s. Feds let him go free to avoid hurting gun control efforts

    The defendant was handing completed rifles to people, that he built himself, without an FFL or SOT.

    Having customers push the CAM button using his program on his machine is not a defense.

    Charging them $25 to "join his club" is nonsense and legally irrelevant; it doesn't matter if he manufactures for the general public or club members or just his family, he's making guns for other people for money.

    The FAL also has 2 receiver parts. The M-60 GPMG has 4, including the trunion and rails. A Ruger Mark II has the working parts allocated between the upper and the frame. So does the 1911. And others.

    One solution to this is to deem any assembled receiver components as "the receiver", which would allow anyone to buy uppers and lowers through the mail, but once all the parts were together a prohibited person has committed a felony. Kind of like the M1 carbine conversion parts are a machinegun if you have all 7 parts.

    I honestly don't know how often tracing a gun has solved a crime. Most criminals are morons, but even they know enough not to leave guns behind that can be traced to them. Guns left at the scene probably trace back to the last guy who bought them legally, until his house was burglarized and then the trail is gone. Not sure how that's the key piece of evidence, that the gun used to kill M'orawn Jackson was stolen 5 years ago from some dude 100 miles away.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

  7. #17
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    Feb 2007
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    (Susquehanna County)
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    Default Re: He sold illegal AR-15s. Feds let him go free to avoid hurting gun control efforts

    Quote Originally Posted by Berncly View Post
    Judge ruled AR lower is technically not a receiver, ATF took a deal to keep it from becoming case law, even so, their house is on fire and they didn't pay the water bill.
    So all that is needed is an amendment to the GCA '68 defining the lower receiver as a firearm frame or receiver and the job is done. Congress should have no trouble doing that.


    "Those who can make you believe absurdities can make you commit atrocities".

  8. #18
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    Feb 2007
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    (Susquehanna County)
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    Default Re: He sold illegal AR-15s. Feds let him go free to avoid hurting gun control efforts

    Quote Originally Posted by JenniferG View Post
    The '68 GCA is nothing but a house of cards and someone has to come along and knock it over.
    Then start with Haynes v. United States, 390 U.S. 85 (1968), which in essence declared that requiring a convicted felon to declare that he was a convicted felon in application for applying to register a "machine gun" was a violation of 5th Amendment rights. So how can requiring a convicted felon or any of he other 9 prohibited persons to identify as such on form 4473 be otherwise? Maybe Gun lawyer can set me straight on this.


    "Those who can make you believe absurdities can make you commit atrocities".

  9. #19
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    Default Re: He sold illegal AR-15s. Feds let him go free to avoid hurting gun control efforts

    Quote Originally Posted by Brick View Post
    Then start with Haynes v. United States, 390 U.S. 85 (1968), which in essence declared that requiring a convicted felon to declare that he was a convicted felon in application for applying to register a "machine gun" was a violation of 5th Amendment rights. So how can requiring a convicted felon or any of he other 9 prohibited persons to identify as such on form 4473 be otherwise? Maybe Gun lawyer can set me straight on this.
    Congress changed the law to eliminate the self-incrimination aspect of that, right after the case.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

  10. #20
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    Mar 2014
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    NEPA, Pennsylvania
    (Wyoming County)
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    Default Re: He sold illegal AR-15s. Feds let him go free to avoid hurting gun control efforts

    I hope the ATF doesn't do what they did to the "Safety Harbor" .50BMG uppers

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