Well, that ain’t gonna fly. The definition of “manufacturer” is “any person engaged in the business of manufacturing firearms or ammunition for purposes of sale or distribution”. (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. Selna did find that Roh was guilty of selling completed firearms without a license, subjecting him to a possible prison sentence. Actually, according to the legal language, Roh wasn’t “manufacturing” anything himself, even aside from the question of whether the lower receiver was legally a firearm or not. This is just another example of the government not doing its job. @ TIM has it. STEN MK II submachinegun receiver . Prev. From the DOJ regulations (page 6 sections hh (3) & (4)): (3) With regards to an AR-15 style firearm if a complete upper receiver and a complete An AR-15 receiver is no different than break open action, it doesn’t have to have a bolt, and it functions like a breach block.”. This why people that value their freedom in one way or another tell you to get bent. Considering your rant, you might as well join Antifa. And, as Glover points out, Roh’s case wasn’t the first time a similar argument had been successfully used. CNN’s Scott Glover has managed to turn out an excellent article about a fairly arcane aspect of guns and firearms law while getting the details right. 2) Congress broadens the definition to include “ALL PARTS”. And the deal they cut in the Roh prosecution doesn’t change that in the slightest. No serial number or background check needed. The rule, if implemented, would completely upend the firearm industry by changing what parts must legally be considered a “firearm” under federal law. Yet, BATFE “Policy” which is in direct conflict with the NFA as written into Law: continues as a threat of criminal prosecution. The AR-15 is simply too much space gun design for simplistic government types. If they choose NOT to enforce the law upon themselves or corrupted cronies, who, then, will They be accountable to for punishment? Counterstrike also sells “Nalpalm”, and “Fire Watch”, which are “medium” and enjoyable. Prosecutors make the final decision on whether or Not to prosecute. The first challenge of NFA 34′ (Miller 39′) was LAUGHED out of the lower courts, then tried in Absentia by BATFE. Federal law enforcement officials — and members of Congress — have been on notice about a potential problem with the language in federal gun law as applied to AR-15s since at least 2016. However, Roh’s lawyers could prevail on appeal, which would set a precedent. be made into a long gun, is a “firearm other than a shotgun or rifle,” The leaked document purports to be a proposed rule to change the regulatory definition of frame or receiver and alter federal marking requirements for firearms. This guy was an accessory before, during and after the fact of these prohibited persons illegally acquiring lethal weapons. But at the expense and prostitution of the Constitutionally protected rights and proper enforcement of criminal cases. And once again reasonable people will think that POTG are not capable of living in society and owning lethal weapons. The rule, if implemented, would completely upend the firearm industry by changing what parts must legally be considered a “firearm” under federal law. It is the very word, “firearm” that is in question. 15‘s and you don’t think any laws were broken. kinda like the EPA has done with the “Clean Air and Water Act or the obamanation did with Odumbocare, Washington bureaucrats are making $hit up as they go…. This is BS. https://www.whitehouse.gov/presidential-actions/executive-order-promoting-rule-law-improved-agency-guidance-documents/. Hope this guy recovers from the rape. The ATF doesn’t want to put any more of a burden on itself, which is why we have this arbitrary “lower is the firearm” in the first place. YES!! . That case was dropped, too. Selling firearms, or manufacturing (teaching to build) something that is not a firearm? Most semi-auto pistols would be wrong too. Congress would rewrite the definition to include the entire firearm and designate the ATF the responsibility to determine where the serial number should be located. Just like the anti-gunners we want what we want, just the way we want it…only we are righteous, and anti-gunners are not. But hey…I guess the anti-gun folks would rather prefer we buy more complete firearms instead of owning just one. It’s not a handgun or a rifle, similar to a pistol grip only (no shoulder stock) “shotgun” or a few others. It’s even in Instant. Chapter 53. -NCS Read the Document in its entirety here. Well I sincerely hope you get to spend a lot of time in NV and AZ (or AR and AK for that matter). 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.” That, no doubt, set off alarm bells from LA to DC. 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. Lying has always come naturally to the BATFE. The fact here is that someone (or some someones) paid close attention to the wording of the law, and found the law actually said one thing, while LE was using their own judgement to achieve a result not actually supported by law. Please Note that some forward “Angled devices” have been approved by ATF and there is no restriction mentioned on the installation of forward “horizontal grip(s)” though ATFs “Policy” justifications could be applied to any “direction or allignment” if they desire it to. Most serialized pistol frames aren’t ‘recievers’. It is your responsibility to list the restrictions you find intolerable, and explain why they have moral authority over other lists of restrictions. Where is the bright line beyond which no government may intrude? Law listing components housed by a receiver is an “or” list. Does that mean you can’t rebarrel an imported Mauser? My guess is that once a lower receiver is mated with an upper receiver it would then constitute a ‘firearm’ under federal law. Roh carefully set up his operation so that he himself did not “manufacture firearms”, nor did he “sell or distribute” them. To me, the positive aspect of this case is that the judge did not just roll over for the ATF’s winking at the definition of “firearm” — while it clearly pained him to do so (a year to render a decision on a bench trial? In case you didn’t already know criminals can already get firearms. Installation of a forward verticle grip on a handgun. 2. NFA 34′ was an excise tax measure, because everyone knew the Fed’s couldn’t make laws regarding firearms. The AR-15 is directly named. It clearly says “shall not be infringed.” and the left is constantly trying to tell us it doesn’t really mean that. Unless to run them at the same time, background checks would make it very costly. It ain’t! 2008-1 The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has recently … I agree that the ATF should not exist. . Here are the particulars. This “receiver,” even without the rest of the weapon, is … If gov’t was correct, the entire case could be settled by laying out a copy of the applicable law, then showing, in detail, specifically how the product violated the law; case closed. US District Court Judge James V. Selna deliberated for a year and then wrote a tentative order in April. . If you think about it, the situation is the same for many other arms such as G3s, M14/M1A, and so forth. After a half-century of studying the Criminal Justice System I came to the conclusion that this pervasie phenomenon of arrogant authoritarianism and abject disregard for the law might not surprise anyone anymore at the lower tribal levels of local government in bubba’s boondock courthouses where some Judges not only don’t possess a JD, but not even a BA and sometimes become inclined to fabricate their own justice instead of upholding it under the Constitution, and there are recorded case incidents of ignorant police routinely tresspassing breaking into private homes and properties, especially in smaller rural tribal municipalities without a warrant, probable cause, or consent because ‘they thought they could do that if they had a ‘suspicion” In other words, they thought they could enter anywhere just because they were The ‘police’. Hope this article’s POV prevails but I am dubious. Oh, you must be a politician or former politician, right? CNN’s article is titled, He sold illegal AR-15s. So more cops are arrested lately and convicted and lose their jobs for violating Constitutional rights. under the custody or control of the same person the firearm is not a semiautomatic Also, being able to make your own firearm is covered under the the second amendment. ), in the end he actually read and applied the law. —————————————————————— At least a few of the guns he sold were used in crimes including an 80% lower that was used as the basis for a rifle build used in a 2013 spree shooting in Santa Monica. 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. "The Department of Justice (“Department”) proposes amending Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) regulations to provide new regulatory definitions of “firearm frame or receiver” and “frame or receiver” because the prior regulations failed to capture the full… It is insanity that that same government can place limits on that right. Career advancement protocol requires productivity value production–as other ‘businesses do’ but prosecutions and conviction obsession for personal advancement seem to maintain a priority over fair trials, proceedings, and equal protection under the law for too many unfortunate abuses of power victims in the Criminal court’s system? 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. Or does it? Excerpt: Any pro-gun litigation could slow down their influx of assault weapon Bills and bans in that how could they classify that when they don’t even know if it’s a firearm? These politicians who want to outlaw weapons are guarded by men with assault weapons. The action type among other think is undetermined. ” He facilitated prohibited persons acquisition of A.R. By definition the part that is defined as the firearm requires all three. This attempt was pathetic. that’s why black powder guns are exempt, no bullets…ball and cap and or black powder do not meet the definition. 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. Roberts decided that it was not the mission of the court to thwart congress, and it was obvious congress, reflecting the will of the people, intended to establish Obamacare. They basically picked a single integral part of the firearm and made it the legal definition of the firearm simply to track and control it. Yeah, I’m in agreement here. ““It does seem like there is problem,” Winkler said.”, Bottom line. I.E. Dodging the question, “where is the bright line” is sophistry not worthy of response. Note: This section is intended to provide basic guidance in understanding firearm terminology. The right of the people to keep and bear arms shall not be infringed.” Note the period (.) When good lawyering freed those civil rights activists, should they have been condemned for using “legal trickery”? If the subassembly carries the hammer, OR the bolt, or the breechblock, AND the firing mechanism, it’s a receiver, whether or not it’s threaded, because ‘usually’ isn’t an absolute. This was also a good method for keeping the bosses happy in their pursuit of keeping the Mayor happy by keep ‘crime’ down statistically. Why did the gov’t not press the issue? As you probably know, the only part of an AR-15 that’s legally considered a firearm is the lower receiver. The 2nd/A is clear and concise. (Nicolaysen) called the decision to classify it as a firearm nonetheless, the result of “secret, in-house decision-making.”, Nicolaysen accused the ATF of abusing its authority by pursuing Roh based on his alleged violation of a policy “that masquerades as law.”. 18-241 even provides punishment for CONSPIRACY to commit a criminally prosecutable violation of our rights meaning that Legislators and lawmaking affiliates who sit around in their respective governments planning and attempting to get gun control laws passed are all engaging in 18-241 felonies! “Firing mechanism” could just as readily be the striker/firing pin, and most split-“frame” designs have the barrel and breech together in the upper part. Under the US Code of Federal Regulations, a firearm frame or 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.” In the case of the ATF, though, I find it particularly egregious because they only exist to investigate and enforce laws which are malum prohibitum instead of laws which are malam in se. This basically means there are 2 required parts and one optional part, the first required part is a “hammer, bolt or breechblock”, the second required part (as designated by the word AND) is a “firing mechanism”, and the third optional part (again, designated by the word AND) is “USUALLY threaded at its forward portion to receive the barrel”. The FCC-created regulations on radio are almost as silly as the regulations on guns. The most interesting part of this concept is that pistol receivers are more or less the same in component and layout as AR receivers. The second operative word is “usually” meaning – most of the time, but not all of the time. The Massachusetts law references the Federal law for a definition of an assault weapon. Really! I am so glad to live in a state where gun rights seem to be strengthening and don’t have to mess with or worry about bans on firearms models nor “red flag” laws. Read the Second Amendment… ALL of these gun control laws are contrary to the supreme law of the land. There is NOTHING in the Constitution authorizing such an agency, though the same could be said about many Federal agencies. (Nicolaysen) asked the judge to consider recommending that then-US Attorney General Jeff Sessions conduct a review to determine whether there were any similar cases pending around the country or past convictions “sustained on the basis of ATF policy, rather than law.”. Would this also mean the ATF defining a .50 Caliber bolt action upper receiver as a firearm is WRONG as there is no firing mechanism? People were violating a law (maybe a bunch of law), and were being declared heroes. My guess is that the 2 to 5 year timeframe they gave gives them time to work with anti gun politicians and groups to get the language where they need it to be. Unfortunately they could and do so fairly easily. It was part of the plea that said he sold finished rifles to these people, that was a legal fiction. The bullet button option is gone now. A prohibited person would therefore be able to legally purchase both but if he put them together (even without any other parts) he would be a prohibited person in possession of a firearm. I’ve seen the Ground Coffee at Kroger.”. On an AR-15 type rifle, the lower contains the hammer. Other than that, they quoted the law accurately. . Some careful study by the legal beagles would be needed to say how much of an impact the reference to Federal statute has on the legitimacy of the state law. “Then you could no longer just swap uppers around at will.”. Any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; The frame or receiver of any such weapon; Any firearm muffler or firearm silencer; or. ATF To Rewrite The Definition Of A Lower Receiver: Lower Receivers Are Not Firearms It is if and when that rifle is sold to another person that a serial number is required. As for him not doing background checks on the people renting his equipment, there’s absolutely no law requiring him to. Buy 80% Lowers and build your own . 1) Folks start sticking their thumbs at the ATF and start making/selling these parts (where legal by state law). Yeah, it sux, but at least it’s one of the easiest options for compliance. Correct, he violated not a single law that is on the books. The upper receiver on an FN FAL is the serialized part. The firing mechanism in the 10/22 is an independent assembly not housed by the receiver anymore than the AR-15. CNN inserted a comma after ‘breechblock” for some reason. He likely knew many of his customers were prohibited persons which is also against the law. Yes, he committed a crime, and was convicted. Roh’s case was heard in a bench trial (at his option) in which only the judge hears the evidence and renders a verdict. By your argument then the upper and the lower is a fire arm. ”. Thus, there was no crime, and criminal charges may not emanate from a non-crime. This is strait up reading comprehension. The defendant challenges the ATF because an AR-15 lower receiver doesn’t meet the definition of a firearm. The fix for this wouldn’t be all that complicated. The bore is a part of the barrel. That’s the part that’s serialized and requires a background check to purchase (unless you buy an 80% lower and finish it yourself, but that’s another story). A lawful act, committed to further a felony becomes an unlawful act. Hmmmmm. I didn’t read anything about the ‘firearm’ being separable negating it’s classification as a firearm. The problem stems from a definition in a ATF “interpretative” regulation. “Other” refers to frames, receivers and other firearms that are neither It doesn’t say ‘Shall Not Be Infringed’… except for this statute, and that gun control mandate, and other Bullshit regulations. It is not a legal requirement that he checks IDs or runs his party goers’ names to make sure they can legally have a gun. are not required for frames or receivers of any firearms,or pistol grip shotguns, 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. Let’s begin with the premise that a well-constructed law making building and selling guns without being a permitted manufacturer is desirable. The ATF quietly dropped the cases without comment. The charge of manufacturing firearms without a licence was dropped because the AR-15 lower does not conform to the letter of the law definition of firearm. So the soon everybody quits mewling on and on about ‘technicalities’ to try to assuage your little comfort zones with unrealistic hopes and realize that all this ended on Jan 6. As far as threaded, it does state “which is USUALLY”. It could also be used by other attorneys to try to reverse previous convictions of those found guilty on similar charges. In all seriousness though, there’s no way the ATF hasn’t known the issue here since well before 2014, which I believe is when the ATF/DOJ were “first notified” of the issue by an outside party, though perhaps 2016 reflects the time frame better. “Constructive intent” doesn’t exist in California law. ), Ruger Mk II is another example where the upper is the serialized “receiver”, Grand Power Stribog 9mm (pistol, thanks atf imports). This isn’t a Jedi mind trick. Oh, that 13th Amendment? makes no difference as ALL FEDERAL GUN LAWS ARE UNCONSTITUTIONAL. Far faster than the US Congress. 1 – the hammer, Sometimes state law fills the gaps. But since it’s not a long gun to purchase/transfer through a FFL the purchaser/transferee would have to be 21. Why is it people visiting here are incensed that ATF declares that the collection of certain materials, regardless of the individual location of the materials, can be declared “constructive possession” of a silencer, but are somehow aggravated that the gov’t wasn’t allowed to easily misapply a law defining “firearm”? That was my first thought, they have done it with 50bmg uppers so they can do it with all of them. Agreed. These people are basically taking a class on how to build a firearm, not buying one from him. That’s why it says “… shall not be infringed.”. Once worked for a federal agency that sometimes announced new policies, or changes to old via visual aids used in training classes. All these regs/laws are unconstitutional. Which is what they were paid for, right? POTG should condemn him and others like him…”. 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. In this case, government would have a difficult time claiming that they would have won, but decided they had more important things to do, and reached “a settlement”. God, maybe, but not for sure. The defendant requested a BENCH TRIAL. That would be really really awful. There is no such thing as an “80% receiver.” That is a marketing term. Lawyering is in the details, which is why lawyers advise you to not act as your own lawyer when you’re arrested. All he did was provide the tools and instructions that other individuals could use all by themselves to personally construct their own firearms. How could anyone know where that 80% lower used in any shooting know where it came from, if it has no markings? No, this was indeed legal trickery. In the trenches of the Law Enforcement elements of the Justice system the so-called ‘Police’ Brotherhood and Code of Silence meaning the officers of the law taking their own group conduct and behavior to higher unassailable limits than average humans just because they wear the badge. You must be reading something different than I am or that the article quoted read. Aftermarket bulpup stocks would be fire arms as well because they have their own firing mechanism. 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. The deterrent aspect here is virtually non-existent because they get away with removing any legal restrictions binding their tyrannical authority simply by ignoring the fact that they have restriction under penalty of law. Firing mechanism- yes. I see some serious changes coming. The same could be done regarding the Roh case. No more complete AR uppers.”. WITH NO VOTE OF THE PEOPLE mind you. I will break it down for you. Nothing is stopping you from buying a lower today…, If you’re prohibited from owning a firearm, then having the lower suddenly become not regulated means you still can’t possess a functioning firearm…, Having the lower be unregulated doesn’t magically change other gun laws…. Now what? No laws were broken, hence why the ATF backed down. While ATF would have to go through the Administrative Procedure Act to change the regulation definition, that's what bureaucraps do for a … . “Would not surprise me if all major parts would then end up having to be serialized.”. Huh? Use commas to separate items in a series. On the other hand if any problem arose it would be quick and easy for Massachusetts politicians to revise their law. I think everyone is missing the big picture here. or it’s an AW. OMG! That rifle is private property of the builder, and, federally, requires no serial number. It is “tie”, a decision manufactured to give everyone something. Roh was eventually arrested and charged with running an unlicensed firearms manufacturing operation. So it contains a Hammer and a trigger and isn’t required to be threaded. He got a sweetheart slap on the wrist in exchange for dropping the nasty can of worms the ATF opened, that if he continued to fight, it would F-k up the entire Gun Control con game. Possibly. I don’t want to be the one to bring up the elephant in the room but while politicians present themselves as extremely lacking in common sense, they are not that stupid. He just had a more sophisticated version of the folks who sell books and jigs and drill bits and molds and so on that people can acquire so as to make their own guns — and both ends of that kind of transaction have repeatedly been green-lighted by the ATF as being well within the law. 15 to write the wrongs and society. This is plain english so I am not surprised that a judge is confused by it. However, frames and receivers are still “firearms” Hell you can even have it your way as it pertains to you. BRC sells “Silencer Smooth”, a “light blend”. you know the ones currently trying to perpetrate a coup de tat on a duly elected President. These fine examples, coupled with all of the unconstitutional actions of government, shows that the Emperor truly has no clothes. 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. Now it only looks worse. The “and” makes it a must-have item inside the receiver. These are the people you’re asking to pass a law to regulate your rights. They even shmoozed trump or his advisors on that one? Does this have any impact on the MA ban on ar15s? Most reasonable people would interpret Miller 39′ as protecting military weapons. CNN’s article is titled, He sold illegal AR-15s. Rules for using commas without looking like a fool, https://www.businessinsider.com/a-guide-to-proper-comma-use-2013-9. STEN MK II submachinegun . Is it some how acceptable that charging someone with a crime simply because the LE agency wants an activity to be a crime? Question 16. Same thing in California; you can buy a lower and all the parts and you can even build the rifle. Definitions on the state levels take a back seat to federal laws. We need only review every LE (including BATFE) Firearms training and qualification standards to demonstrate two handed handgun use is taught and required. “He was running a firearms manufacturing business without a license.”. Chapter 44, and the National Firearms Act, 26 U.S.C. Because they are front line participants, police occassionally do suffer the consequences of violating 18-242 and more often lately due to their High Public visibility now due to technology and the rise of Black Lives Matter pursuits of egregious violations. 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Our Nation has become through house, Senate, President know where that 80 % lower used in classes! If the product is not a licensed gun seller, he sold finished rifles to these people, that my! An accessory before, during and after the fact that an AR lower is certainly simpler. The framers sought to restrain pinning the upper, hence why the ATF has lost in two cases reqarding issue. T hear you going on about knives, baseball bats, and were being declared heroes AZ and... Potg are not allowed to own on anyone – Bill Clinton, August 17,.. Requiring him to judge didn ’ t change that in the serialized receiver not manufactured! Swap uppers around at will. ” give veteran-owned business a chance because, well, this has been no to... “ spirit ” the operative word here is “ or ”, “... That reality everyone is missing the big picture here the Constitutionally protected rights and proper enforcement of criminal.... 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