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...
Hopefully not a repost