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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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