More Defense Attorneys Arguing AR-15 Lowers Aren’t Firearms… And They’re Winning

Back in October, we ran a story about a California man who was charged with running an illegal firearms manufacturing operation. He got off scot-free, though, because his attorney noticed that the ATF’s definition of what legally constitutes a firearm does not include AR-15 lowers. At least, not according to the letter of the law.

The judge in the trial ruled that AR-15 lowers don’t fall under the statutory definition of a firearm.

As we wrote at the time . . .

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5 Responses to More Defense Attorneys Arguing AR-15 Lowers Aren’t Firearms… And They’re Winning

  1. Dano says:

    And they should be winning. But, common sense, and courthouses sometimes don’t cross paths.

  2. Sanders says:

    Idiot roommate of mine tried to take a Ruger MkI on the airplane with him in his carry-on bag in the mid-’80’s. I told him he was an idiot for thinking he could do that, and should just check it through (which was even less painless back then than it is now – which is not saying much, because it is easy to fly with a firearm still) but he should at least break it down and hide the pieces in his bag.

    I drove him to the airport and he got nailed, of course. He got banned from getting on any flights anywhere nearby, as well as got a court date before they let him go, sans his gun parts.

    When we got back to the barracks, I asked him if they got all the pieces. They had missed the bolt that he had stowed in his steel-toed boots.

    He wound up getting off on that technicality. Without a bolt, they didn’t get a firearm, but just a bunch of parts, which were returned to him when the charges were dismissed.

    That AR-15 lower thing has never made any sense. Makes as much sense as the FAL uppers being the controlled item.

  3. Ohio Guy says:

    I still think it prudent to stock up on some 80% lowers and build kits if you can afford to. The barter factor could be great.

  4. Tsgt Joe says:

    There are some serious trolling assholes who comment on “truth about guns” and some serious fish who go for the troll bait.

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