Congress may fund gun violence research for first time in decades
But some defense attorneys have recently argued that the part alone does not meet the definition in the law. Federal law enforcement officials, who have long been concerned about the discrepancy, are increasingly worried that it could hinder some criminal prosecutions and undermine firearms regulations nationwide.
Federal regulations define a firearm's “frame" or"receiver” as the piece considered to be the gun itself. But in an AR-15, the receiver is split into upper and lower parts — and some of the components listed in the definition are contained in the upper half. That has led judges to rule that a lower receiver alone cannot be considered a gun.
“Any public citizen would be concerned about this loophole that we exploited,” said attorney Thomas Kurt, who represented defendant Richard Rowold. “As a citizen, I hope the ATF corrects this. As Mr. Rowold’s attorney, I’m grateful the judge followed the law in getting to the correct result.” “Misapplying the law for a long time provides no immunity from scrutiny,” Carr wrote in his order to dismiss.
“I can’t imagine why no one has taken the initiative to correct this,” said Dan O’Kelly, a former senior ATF agent and director of a gun-training company known as International Firearm Specialist Academy. His testimony has guided several defense attorneys.In April, for instance, an Oklahoma man was charged with illegally possessing a firearm after police who pulled him over found loaded high-capacity magazines and the lower receiver of an AR-15-style rifle in his truck.
The issue also complicates efforts to address so-called ghost guns, which are largely untraceable because they are assembled from parts. This is false. Stripped lowers come with a serial numbers. 'Ghost guns' are either 3D printed or manafactured privately with a kit.
Very scary that the Obama regime tried to charge people with violating laws that, they clearly did not violate. These are the acts of a dictatorship.
You spelled ‘stupid definition of a gun’ wrong.
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