Lawyers... explain this? how is it legal?

 
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PostPosted: Sat Oct 12, 2019 12:05 pm    Post subject: Lawyers... explain this? how is it legal?

https://www.cnn.com/2019/10/11/us/ar-15-guns-law-atf-invs/index.html
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Aeneas Hunter
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PostPosted: Sat Oct 12, 2019 12:21 pm    Post subject:

The article explains it pretty well. This guy exploited a hole in the law.
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PostPosted: Sat Oct 12, 2019 12:38 pm    Post subject:

Aeneas Hunter wrote:
The article explains it pretty well. This guy exploited a hole in the law.


So even now, today, another person can still do this:

Quote:
'Not firearms'
Roh, who called his company ROHG Industries, had been on the ATF's radar since at least 2012, according to court records.
He met that summer with agency representatives about selling unfinished lower receivers, often referred to in the gun world as "80% lowers" because they are roughly 80% complete.
The part, which surrounds the trigger area of an AR-15, requires some additional machining and drilling before it is considered a regulated firearm under the law.
Roh sent the ATF a sample of one of his unfinished lower receivers seeking a determination as to whether it constituted a firearm. He was advised that it did not.
The devices are controversial among law enforcement and gun control advocates because they can be bought and sold without restriction, but can be converted into finished lower receivers, and then a fully functioning weapon, with relative ease.
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Aeneas Hunter
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PostPosted: Sat Oct 12, 2019 1:45 pm    Post subject:

Yes. As stated in the quote, the ATF does not consider that part to be a firearm. What he was actually doing was a lot fishier than just that. He was basically helping people machine the part into a piece that is considered a firearm. But what ultimately got him off the hook is that the ATF’s interpretation of the statute was invalid. I have no reason to doubt the law professor who says that the judge’s reasoning is sound. This was a criminal case, so the guy had to be doing something that actually violated the statute as written.

Bear in mind that the convicted felons (and others) who bought weapons from this guy are not off the hook. He was charged with manufacturing a firearm, which is defined in a very specific way. This does not mean that the weapons are not firearms for other purposes.
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Hector the Pup
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PostPosted: Sat Oct 12, 2019 2:33 pm    Post subject:

I know this is simplifying it to what seems like an absurd level and I am in no way condoning it but anyone can buy bloody Mary mix or one of those cans of frozen margarita mix. Sure, the drink is only one ingredient away from being a restricted substance, but until that ingredient is added it's.no more dangerous than water.
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