ATF internal policies versus actual federal law

[Kman]

Interesting read. ATF drops case due to judges potential ruling that would set case law that AR lowers don't fit the federal laws definition of a firearm. Apparently ATF interpretation of the federal law doesn't stand up in court, it would have to be re-defined and written in to law........hmmm. It's early, so my reading comprehension may be lacking this morning. If I post a news link this will be moved, so someone ask for it and I'll post it so you can figure out what the article means.

 

[The Meerkat]

Source?

 

[jeep78]

Source?

CNN

 

[Kman]

CNN

Yes, please post it for others.

 

[Kman]

Source?

https://www.cnn.com/2019/10/11/us/ar-15-guns-law-atf-invs/index.html

 

[StuP]

Fascinating. The implications are significant. I see the press had to get an irrelevant anti gun dig in, as usual.

 

[Kman]

Fascinating. The implications are significant. I see the press had to get an irrelevant anti gun dig in, as usual.

I thought the same thing. I also wonder how this applies to all the other ATF interpretations of actual law. I guess you need very deep pockets to figure that one out. I can say I definitely don’t want that task!!

 

[spencer60]

That's actually pretty amazing. To think that somehow the ATF took the law, which says:

"...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."

and decided that the lower receiver fit that definition better. Sure, the hammer fits the definition for making the lower the serialized part, but literally none of the rest of the parts mentioned do.

You really have to wonder how the ATF ended up with the whole 'the lower is the firearm' thing in the first place. It makes no sense based on what the law says.

 

[Omega]

This is the best win we have had in YEARS. And wow, cnn is pissing in their own mouth and thinks it is rain. They dont want to say it but we all see through the lines. Great share.

 

[spencer60]

So if a court finds that the lower isn't the firearm, but the upper is, how would that even work out?

Would we have to go back and get serial numbers for our uppers then? How about registered SBRs and machine guns?

My guess is that Congress would need to amend the law making the lower the registered part just for continuity, but given the current House I can't see them doing anything rational. They would probably try to pass a bill making the upper the 'firearm' leaving all of us with (illegal) unserialized rifles, which they could then legally seize.