They have both an upper and lower receiver - two parts as opposed to the single part described in the law.Īt issue in Roh’s case was whether the law could fairly be interpreted to apply to just the lower receiver of the AR-15, as the ATF has been doing for decades. The restrictions are intended, in part, to keep felons and other people prohibited from possessing firearms from acquiring them piece by piece.ĪR-15s, however, do not have a single receiver that meets that definition.
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Manufacturers must stamp it with a serial number and licensed dealers are required to conduct background checks on prospective buyers. Though incapable of firing a round, the part is considered a gun in its own right and is subject to the same restrictions as a fully intact firearm. Under federal law, the one regulated individual part of a firearm is what’s known as the frame or receiver - a piece that, among other things, provides a housing for the hammer and firing mechanism of a gun. The guns are sometimes assembled from separately acquired parts. “It could lead to an explosion in the number of AR-15s out on the streets.”ĪR-15-style weapons are among the most popular in America and have been used in numerous mass shootings in recent years, including those at an elementary school in Connecticut, an outdoor music festival in Las Vegas, a church in Texas, and a high school in Florida. “This case could open up a huge loophole in federal law” he said. Prosecutors and ATF officials declined comment for this story, noting that the case against Roh is technically an open matter because he remains subject to a deferred prosecution agreement.Īdam Winkler, a UCLA constitutional law professor and Second Amendment expert, predicted that Selna’s tentative order would have “broad implications” and would encourage others to challenge existing law. Selna’s interpretation of the law, convicted felons and other people prohibited from possessing firearms would be allowed to legally acquire all the parts necessary to assemble an AR-15-style rifle and other weapons, according to federal prosecutors. Each requested anonymity due to the sensitive nature of the case and its possible implications.
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The judge in the case had issued a tentative order that, in the eyes of prosecutors, threatened to upend the decades-old Gun Control Act and “seriously undermine the ATF’s ability to trace and regulate firearms nationwide.”Ī case once touted by prosecutors as a crackdown on an illicit firearms factory was suddenly seen as having the potential to pave the way to unfettered access to one of the most demonized guns in America.įederal authorities preferred to let Roh go free rather than have the ruling become final and potentially create case law that could have a crippling effect on the enforcement of gun laws, several sources familiar with the matter told CNN. Feds agreed to let him go free to avoid hurting gun control efforts
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