Pennsylvania Firearm Owners Association
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  1. #1
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    Default 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...
    Hopefully not a repost
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  2. #2
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    Default 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 bellum
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    What 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!

  3. #3
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    Default Re: California Judge Says AR Lowers Are NOT Firearms

    Yeah my thought also. Now just need that little thing called extra cash LOL!

  4. #4
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    Default 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...

  5. #5
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    Default Re: California Judge Says AR Lowers Are NOT Firearms

    Quote Originally Posted by bluetrane2028 View Post
    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 agree. Although the upper fits the definition better than the lower, I think you may be right that they will both need to be included to fit the definition.
    Si vis pacem, para bellum
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    What 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!

  6. #6
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    Default Re: California Judge Says AR Lowers Are NOT Firearms

    Quote Originally Posted by Mr_Gixxer View Post
    I agree. Although the upper fits the definition better than the lower, I think you may be right that they will both need to be included to fit the definition.
    I mean, if they declare the lower to not be a firearm, then the "registries" will become entirely moot. So, they'll never let go of the lower as being part of the gun, they will just expand the definition to the upper as well.

  7. #7
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    Default Re: California Judge Says AR Lowers Are NOT Firearms

    Quote Originally Posted by bluetrane2028 View Post
    I mean, if they declare the lower to not be a firearm, then the "registries" will become entirely moot. So, they'll never let go of the lower as being part of the gun, they will just expand the definition to the upper as well.
    Still a good reason to stack uppers though maybe.
    Si vis pacem, para bellum
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    What 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!

  8. #8
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    Default 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.
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  9. #9
    PickingPA Guest

    Default Re: California Judge Says AR Lowers Are NOT Firearms

    What about the shoulder thing that goes up?

  10. #10
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    Default Re: California Judge Says AR Lowers Are NOT Firearms

    Doesn’t matter. Beto is going to take them either way.

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