Article – Design of AR-15 could derail charges tied to popular rifle

DALLAS (AP) — A subtle design feature of the AR-15 rifle has raised a technical legal question that is derailing cases against people who are charged with illegally buying and selling the gun’s parts or building the weapon.

At issue is whether a key piece of one of America’s most popular firearms meets the definition of a gun that prosecutors have long relied on.

TL;DR version: ATF’s definnition of a ‘receiver’ includes parts that are not present in just an AR lower, thus an AR lower is not a receiver. QED.

Historically, ATF has never let little things like legal definitions stand in the way of them doing what they want. I suppose the only way for this to get resolved is to redefine what a receiver is, which seems likely. The AR is certainly an inconvenient rifle for the anti-gun crowd…it’s ubiquitous, easily modified to skirt ‘assault weapon’ bans, modular AF, and, it seems, defies legal definitions that never anticipated such guns. Everyone should own at least three or five.

 

4 thoughts on “Article – Design of AR-15 could derail charges tied to popular rifle

  1. This reminds me of the stupidity over muzzleloading firearms back in the days when the Canadian government wanted all firearms to be registered.

    In Canada, the legal definition of a firearm boils down to the frame or receiver.

    This definition proved to be a problem since there is no frame or receiver on a muzzleloader. So, some bright light in the RCMP came up with the idea that the receiver of a muzzleloader was the breech plug. When the idea of the breech plug being the receiver was floated around by the RCMP, the folks at the National Firearms Association stepped up. Their lawyers pointed out that a breech plug is nothing more than a lag bolt. So, if the RCMP wanted to put serial numbers on breech plugs, they would also have to visit every hardware store and start serial numbering lag bolts. This was because lag bolts could be used in place of breach plugs. The RCMP then quietly shelved this brilliant plan.

  2. We have an issue here in PA right now. The AG and the head of the PSP have decided any block of material can be a lower. Bypassing our state Constitution now they are requiring a background check via our PICS system. The great part is that there is no system that can conduct such check. I have shut down all transfers until then, can someone stop the world? I want off.

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