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October 24th, 2019, 08:59 AM #1
California Judge Says AR Lowers Are NOT Firearms
https://www.gunsamerica.com/digest/j...vers-firearms/
Judge Finds Serious ‘Disconnect’ in ATF’s Classification of AR-15 Lower Receivers as ‘Firearms’
A judge in California issued a tentative order this week finding a “disconnect” in the ATF’s classification of AR-15 lower receivers as “firearms.”
The case began when the ATF launched an investigation and subsequent prosecution against Joseph Roh, who they accused of illegally manufacturing and selling AR-15 receivers in a warehouse outside Los Angeles.
After deliberating for more than a year, US District Court Judge James V. Selna determined that because an AR-15 lower receiver does not house the bolt or breechblock and is not threaded to the barrel, as defined in 27 C.F.R. § 478.11, it does not constitute a “receiver” and cannot be considered a “firearm” under federal law.
“No reasonable person would understand that a part constitutes a receiver where it lacks the components specified in the regulation,” Selna wrote.
...snip...
Roh’s defense argued that their client could not be charged with manufacturing firearms because AR-15 lower receivers fall outside the definition of a “receiver” as understood by the ATF. According to 27 C.F.R. § 478.11, a 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.”
Since an AR-15 lower receiver only houses the hammer and firing mechanism, it cannot be considered a receiver or a firearm, the defense argued.
...continued...Si vis pacem, para bellumμολ ν λαβέWhat country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance? Let them take arms!
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October 24th, 2019, 09:05 AM #2
Re: California Judge Says AR Lowers Are NOT Firearms
Time to start stacking uppers before they become the serialized part methinks.
Si vis pacem, para bellumμολ ν λαβέWhat country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance? Let them take arms!
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October 24th, 2019, 09:08 AM #3
Re: California Judge Says AR Lowers Are NOT Firearms
Yeah my thought also. Now just need that little thing called extra cash LOL!
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October 24th, 2019, 09:14 AM #4
Re: California Judge Says AR Lowers Are NOT Firearms
I think if anything changes, they will say that upper and lower must both be serialized and matching going forward. Going to have to sell uppers and lowers as pairs.
They aren't going to just switch the serialized part from one half to the other.
I don't think anything will change though. This would have to affect far more than just the AR15. Does a Glock upper not also house the recoil spring, firing pin, barrel, etc? Actually, since the buffer spring rides in the extension that's screwed to the lower, the AR lower has more going on when assembled than a Glock lower...
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October 24th, 2019, 09:15 AM #5
Re: California Judge Says AR Lowers Are NOT Firearms
Si vis pacem, para bellumμολ ν λαβέWhat country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance? Let them take arms!
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October 24th, 2019, 09:35 AM #6
Re: California Judge Says AR Lowers Are NOT Firearms
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October 24th, 2019, 09:36 AM #7
Re: California Judge Says AR Lowers Are NOT Firearms
Si vis pacem, para bellumμολ ν λαβέWhat country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance? Let them take arms!
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October 24th, 2019, 10:09 AM #8
Re: California Judge Says AR Lowers Are NOT Firearms
That ruling isn't going to stand for long. The AR lower has (2) of the three requirements. The hammer and the firing mechanism. The finding that it also house the barrel is optional with the word "usually".
There is also long standing belief that the lower is the receiver.
If people keep fucking around with the AR legalities you will end up having both the upper and lower ruled to be controlled receivers.
Definition:
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.
Proof of my argument is practically any semi-auto handgun. The bolt is the slide and breechblock is also the slide - but the gripframe is the receiver. If they rule that an upper is also a receiver, every slide will become a receiver as well.Last edited by knight0334; October 24th, 2019 at 10:13 AM.
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Don't end up in my signature!
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October 24th, 2019, 10:13 AM #9PickingPA Guest
Re: California Judge Says AR Lowers Are NOT Firearms
What about the shoulder thing that goes up?
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October 24th, 2019, 10:26 AM #10
Re: California Judge Says AR Lowers Are NOT Firearms
Doesn’t matter. Beto is going to take them either way.
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