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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." Related: AR-15: 2019-10-17 Why "coming for semi-auto rifles" won't change much... AR-15: 2019-10-16 Lawsuit Against AR-15 Manufactures dismissed with prejudice AR-15: 2019-10-16 Beto Promises ‘Other Consequences' for Those Who Don't Turn In Guns Posted by: Besoeker 2019-10-18 |
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