Article

2019-10-18 -Land of the Free

Judge Finds Serious ‘Disconnect' in ATF's Classification of AR-15 Lower Receivers as ‘Firearms'

[Guns America] 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.

Therefore, the judge determined, "Roh did not violate the law by manufacturing receivers."

The case garnered national media attention after CNN reported that prosecutors in the case struck a plea deal with Roh to avoid the judge’s tentative order becoming permanent.

According to CNN, "Sources familiar with the agreement said prosecutors wanted to strike a deal in order to prevent Selna’s order from becoming permanent, drawing publicity, and creating case law that could hamper ATF enforcement efforts."

Posted by Besoeker 2019-10-18 04:58|| || Front Page|| [11138 views ] Top

#1 More detail from TTAG:

https://www.thetruthaboutguns.com/what-exactly-constitutes-an-ar-15-rifle-under-the-law/

BTW__ I submitted an earlier article on this from TTAG a few days ago but it apparently didn't pass the Mods's' sniff test...along with several others in the past week or so, tho, I'll admit the toilet paper one was a bit over the top....8)

Posted by Mercutio 2019-10-18 08:50|| 2019-10-18 08:50|| Front Page Top

#2 Apologize for your difficulties Merc. We don't have the luxury of deleting submissions. If it even looks close to newsworthy, it's posted, sometimes shortened a bit, but posted.

Keep posting and let us know if you have difficulty.

Posted by Besoeker 2019-10-18 08:58|| 2019-10-18 08:58|| Front Page Top

#3 About 16 million AR-15s are in civilian hands with the law as it stands now. I have a hard time believing any effort to jigger the existing law will result in anything that would look like an improvement from a pro Second Amendment point of view.

Posted by M. Murcek 2019-10-18 11:10|| 2019-10-18 11:10|| Front Page Top

#4 Will do, B.

Posted by Mercutio 2019-10-18 13:11|| 2019-10-18 13:11|| Front Page Top

#5 I submitted an earlier article on this from TTAG a few days ago

Is this the article you’re referring to, Mercutio?

I will delete articles in the hopper that are duplicates, are missing URLs if I’m too busy to search the internet for the article, are outside of Rantburg’s areas of interest, or are overly excited rather than factual.

Posted by trailing wife 2019-10-18 14:19|| 2019-10-18 14:19|| Front Page Top

#6 Duh. uh-huh.
Now what about my toilet paper screed?

Posted by Mercutio 2019-10-18 21:37|| 2019-10-18 21:37|| Front Page Top

#7 A search reveals your Charmin post was published here, Mercutio. Really stupid people who deserve to be mocked — while they were fussing they did not look into the fact that Procter & Gamble has been responsibly managing forests for paper manufacture for almost a century. And really, recycled paper toilet paper is only one small step above the Soviet stuff. Still, the nice thing about a capitalist economy is that those who want recycled can sand their bottoms while we who are willing to be comfortable have other choices available.

Posted by trailing wife 2019-10-18 22:07|| 2019-10-18 22:07|| Front Page Top

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