It’s even in Instant. They even shmoozed trump or his advisors on that one? ), Ruger Mk II is another example where the upper is the serialized “receiver”, Grand Power Stribog 9mm (pistol, thanks atf imports). He sold illegal AR-15s. ATF traces firearms found by law enforcement at a crime scene by first contacting the licensed manufacturer or importer marked on the frame or receiver who maintains permanent records of their manufacture or importation and disposition. ATF Rul. The first challenge of NFA 34′ (Miller 39′) was LAUGHED out of the lower courts, then tried in Absentia by BATFE. Moreover, they now require you to be 21, instead of the previous 18. On the other hand if any problem arose it would be quick and easy for Massachusetts politicians to revise their law. Haven’t read where anyone commenting here made that declaration. Stop getting excited, TTAG is a shitrag trying to get clicks. Take out all the mumbo jumbo, the decision says, “Accept a conviction, but do no jail time, with a promise to forget, in return for a big “never mind” on the part of the government. But they need to follow the formsl APA process. And speaking of really scrutinizing gun laws, I’m still amazed that there is virtually No prosecution of blatant violations of USCC 18-241-242. Could it be the gov’t decided it was likely to lose at every level? So SCOTUS overturned the lower court but the reason given is VERY INTERESTING reading. https://www.atf.gov/firearms/docs/4473-part-1-firearms-transaction-record-over-counter-atf-form-53009/download. With that out of the way, the criminal prosecution — aborted though it was — that Glover has written about is worthy of note and could make the ATF’s job of regulating AR-15 sales going forward extremely difficult. And this is important enough to force you to visit here? “ATFs Memo is over ten years old yet there has been no Change to the LAW to substantiate ATFs “Policy”!”. In the instant case, the judge was not “tricked”. The ATF didn’t like what he was doing. No matter what? No more complete AR uppers. Also, being able to make your own firearm is covered under the the second amendment. Seems like the same precedent would apply to them. It’s a serious criminal act. Witness: “We invited the strippers, JFK and Stalin.”. These politicians who want to outlaw weapons are guarded by men with assault weapons. There for he broke the law. Possibly. “Agencies may impose legally binding requirements on the public only through regulations and on parties on a case-by-case basis through adjudications, and only after appropriate process, except as authorized by law or as incorporated into a contract.” All this metastasizing corruption finally spread to the worst form of political cancer, Marxism. Go to top of page Last Reviewed April 27, 2018 Good luck to anyone relying on this get out of jail free angle. The ATF’s current definition is correct under the law, and there is no need for them to change it. Far faster than the US Congress. So you cannot any more buy AR-15 lower receivers outside the state you reside in. massive overreach on their part. It ain’t! It is insanity that that same government can place limits on that right. They could have charged him for manufacturing without a 07 FFL – but they screwed up on their definition of a receiver, so that charge is done and gone. There is not a location for a barrel to thread on these guns. -NCS Read the Document in its entirety here. And just because you can do something, doesn’t mean it’s legal or you should do it. People were violating a law (maybe a bunch of law), and were being declared heroes. “For example, a court can sentence you to involuntary servitude, for life if they like, if you piss them off. She advised lawmakers that the judge’s decision was not suitable for appeal and that if ATF officials believed the definition should be changed, they should pursue regulatory or administrative action. It will be kind of a sardonic, but poetic irony taking money designed to bribe the masses into compliant servitude and using it to help stop their illegal agenda. We need to regroup (maybe even re-party) flank ’em hard right, and CHARGE! Oh, that 13th Amendment? Every pistol slide is a firearm, and the frame as a fire arm as well. (SCOTUS basically overturned the lower court because the firearm in question “a shorty shotgun” didn’t have military value) I guess they never heard of Trench Guns. Prosecutors would then dismiss the case. Why are you drinking fast-food quality meme coffee to begin with? If he had been tried by a jury of 12 civilians he would have likely been judged by emotion in a highly liberal state – by going straight to the judge, he skipped the kangaroo court and went up against a law that his lawyer knew likely wouldn’t hold up to the test of legality. And defines a frame or receiver as . Correct, he violated not a single law that is on the books. This is BS. ”. . That’s what I do. “Hopefully, the courts handling the challenges to the bump stock ban will do likewise — given the clear definition of “machine gun” in the statute, it seems like that will be an easier case.”. Pretty easy read, to me. The issue was not about prohibited persons, nor about FFL paper. I’m sure there’s more out there but that’s the only firearm I know where the upper is the regulated part. I’m a veteran myself and I couldn’t care less if the people who run the business are vets themselves if they make a good product or not is where my money goes. If Roh abides by the deal, he will have no criminal conviction and serve no time behind bars. Would that make careful ‘venue shopping’ a desirable tactic to attack that law? Question 16. What about criminal courts and prosecutions? Where is the bright line beyond which no government may intrude? firearm. There are “Firearms” and “Not firearms.” Per federal law, a receiver with no trigger well or action holes is “Not a firearm.”. 27 CFR 478.11: DEFINITION OF FIREARM FRAME OR RECEIVER The upper assembly of the Fabrique Nationale Herstal SA (FN) FNC rifle is classified as the receiver of the firearm for purposes of the Gun Control Act, 18 U.S.C. That’s what I was thinking. Depends upon what your definition of “firing mechanism” is. https://www.law.cornell.edu/cfr/text/27/479.11 Am I mentally retarded or something? Here’s the language from the law: “Frame or receiver. The second operative word is “usually” meaning – most of the time, but not all of the time. And then on to the SC. The “lower” of a 1911 does not have provision for nor contain a bolt/breechblock, nor is it threaded to accept the barrel, nor is the barrel “permanently aligned with the bore” (pistol definition) nor a rotating cylinder as mentioned in the revolver definition (both of which are excluded from the “any other weapon” definition). The ATF's Definition of an AR-15 Lower as a 'Firearm' Is In Serious Trouble - The Truth About Guns First, credit where it’s due. Which means you can’t violate a person’s right overall even under the ‘color of law’ for the specious rationale of public safety and other bullshit lies and get away with it. “in the business.” https://www.atf.gov/firearms/docs/ruling/2010-10-manufacturing-operations-maybe-performed-licensed-gunsmiths-under/download, “Running a firearms manufacturing business…”. Cornell: Originalism Means Gorsuch and Barrett Should Rule in Favor of Strict Gun Control, https://www.atf.gov/firearms/docs/4473-part-1-firearms-transaction-record-over-counter-atf-form-53009/download, https://babylonbee.com/news/murderous-psychopaths-undecided-on-whether-theyll-follow-new-gun-laws, https://www.law.cornell.edu/cfr/text/27/479.11, https://www.atf.gov/firearms/docs/ruling/2010-10-manufacturing-operations-maybe-performed-licensed-gunsmiths-under/download, https://www.whitehouse.gov/presidential-actions/executive-order-promoting-rule-law-improved-agency-guidance-documents/, https://modernrifleman.net/2018/08/08/atf-decides-a-50-bmg-ar-15-upper-is-a-firearm/. The complicated part is getting it all thru Congress. Three items: . As discussed above, if you have both the upper and lower, even if not coupled, you are in constructive possession of a firearm. Excerpt: I saw a duck, a magician, and a liquor store when i went out running. So, the court discovered a foundation that would facilitate. This “receiver,” even without the rest of the weapon, is … The parts need not be assembled. While ATF would have to go through the Administrative Procedure Act to change the regulation definition, that's what bureaucraps do for a … It is absolutely a fact that today if you don’t have enough money to hire a really good attorney, you will Not receive a fair enough trial for your best interest. When I saw the CNN link posted the other day, these were my exact thoughts. The agency csn change it. SHALL NOT BE INFRINGED…PERIOD….the ATF is unconstitutional and all laws against any arms not just fireARMS is unconstitutional immoral and unjust….and not just in america either…all humans on earth have inalienable natural freedoms, liberties abd rights, especially firearm and defense rights, including the 2nd amendment, regardless if their government recognizes and acknowledges them or not!!!!! The issues that this case raised are important. The letter of the law is it– there is no “spirit”. ATF has long held that items such as receiver blanks, "castings" or "machined bodies" in which the fire-control cavity area is completely solid and un-machined have not reached the "stage of manufacture" which would result in the classification of a firearm according to the GCA. US District Court Judge James V. Selna deliberated for a year and then wrote a tentative order in April. Check. (like prisons) And individual state laws are not exempt from that reality. The 80% item is not classified as a firearm, and as an unfinished lower receiver doesn’t work as a fire control group; work is needed to “finish” the lower receiver such that it can function as an actual lower receiver. That still does not get you past “constructive” possession. This is by far some of the least competent reporting of a case I’ve ever seen. Just fill-in the blanks with the desired outcome, and proclaim your prejudice is law? by definition, and subject to the same GCA limitations as any other firearms. Am I the only one alarmed at the prospect of asking for new legislation on this? The ATF said it is necessary to update the definition of a receiver to ensure it won’t “be misinterpreted by the courts, the firearms industry, or the public at large to mean that most firearms in circulation have no part identifiable as a frame or receiver.” There are similar .223 uppers for MAC-type guns that were ruled as firearms for the same reason. It doesn’t have to be threaded. Let’s review that favorite time in history when violators of law were proclaimed heroes, far and wide. —————————————————————— handgun or long gun. Somehow the feds have morphed an excise tax into law…. And voila, as if by magic, All new majority branches of the ‘Novel CCP’ infected G will have voted in a revised ‘Discretionary analysis (allowed by the AG) of what constitues an illegal firearm for ‘lawful’ use ,that makes even the smell of an AR or its parts A REAL firearm. The new serialized chassis that get put into polymer pistol frames sure as hell aren’t receivers either. (4) A stripped AR-15 lower receiver when sold at a California gun store is not a semiautomatic firearm. they’re smoothbored, press-fit, and a cross-pin holds the barrel at the right headspace for the bolt. @ARC, yes he did break the law. https://www.whitehouse.gov/presidential-actions/executive-order-promoting-rule-law-improved-agency-guidance-documents/. Even without the bolt the hammer is housed in the serialized receiver. You should be very concerned about the ability of government to spin a law anyway they want in order to control an activity government doesn’t like. Firing mechanism is the trigger. 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.”, Read the law here: https://www.law.cornell.edu/cfr/text/27/479.11. ”. https://modernrifleman.net/2018/08/08/atf-decides-a-50-bmg-ar-15-upper-is-a-firearm/. Although many consider it unnecessary, others (including Business Insider) insist on its use to reduce ambiguity. Well the criminal Court sytem as their own form of elitist fraternity. But the slow shoockwave of levels of complete corruption that infiltrate even the Federal G to the highest Law enforcement of the land can awaken one to a mind-blowing realization, That the old aphorism that ‘Nobody is Above The Law’ is at best wishful thinking and at worst an almost unimaginable nightmare reality that almost everybody in government things that indeed, they are not only above it, they ARE the LAW! Well “common sense” tells us the mass murderers would probably be unwilling to violate their arbitrary gun rules so… there’s that. No agency is required to respect the comments, and may proceed after the comment period to do as they intended. In other venues, a team of detectives can be trusted to analyze their own probable cause or evidence for a bust, go out and make the arrest, then afterward contact the prosecuter for analysis for the best charge which the prosecutior can use to guarantee a conviction and plea it out so he doesn’t have to do all the legal trial work and the Judge doesn’t have sit through a jury trial and miss his tee-off times. That is just so Funny Please anyone? Bureau of Alcohol, Tobacco, Firearms and Explosives. That comes at a cost I would bet good money on that you and your ilk are not willing to pay. I read this yesterday and my first thought was “Wow, CNN hired someone remotely competent to write a FIREARM story!?”. Do you draw any lines, yourself? Good job Dan. Some old Euro pistols have matching SN#’s on the slide and frame. That, too, can be quickly converted back to a “real” AR within two minutes after leaving the state. Certainly more convenient for all of us, but the lower is certainly the simpler component to manufacture. Feds agreed to let him go free to avoid hurting gun control efforts. And unicorns fart cotton candy and shit Skittles, all men are handsome, tall, and virile, and all women are beautiful, tall, and own liquor-and-gun stores. Lawyers in this day & age are unfortunately a evil necessity,,, good ones are really hard to find, & if you do find a good one, hold on to your wallet…, What about M16 lowers? Read the whole thing here. . he was “in the business.” DOJ let high priced lawyers screw them around along with a dipshit judge or maybe they did that intentionally given it was Loretta Lynch. Bought some 100% complete AR-15 lower receivers this year, and they were treated like handguns, and not rifles, apparently at the insistence of the ATF. ATF To Rewrite The Definition Of A Lower Receiver: Lower Receivers Are Not Firearms Where most firearms have a monolithic receiver that meets the definition under federal law, an AR has a split receiver, an upper and a lower. That or make pinning the upper and lower together mandatory to make it compliant. The lower receiver in Roh’s case does not have a bolt or breechblock and is not threaded to receive the barrel, Nicolaysen noted. “It does seem like there is problem,” Winkler said. Which laws, chapter and verse, were broken? The aspect that’s worthy of your attention — and is no doubt giving the ATF nightmares — is the argument that Roh’s attorney made in successfully defending his client. In effect, Nicolaysen argued that the ATF’s interpretation of federal law that they’ve been using to deem AR-15 lowers as legal firearms is wrong…and has been since, well, forever. I won’t be offended if someone with more legal knowledge corrects me. That means the only standards are those determined, at the moment, by government officials. To get ahead as a Judge or Prosecutor or Lawmaker, you go along to get along. The ones who write the legislation may be aware of the problem, and those who enforce it might have no clue — plausible deniability, in other words. I don’t see how the judges ruling is correct. So it contains a Hammer and a trigger and isn’t required to be threaded. Counterstrike sells “Smooth Operator” (light blend), and that one is nice also. The only way to fix this is through new legislation. If you think about it, the situation is the same for many other arms such as G3s, M14/M1A, and so forth. This isn’t a good thing for most gun owners. 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