Posted October 12, 2019 12:25 pm by Comments

By Cam Edwards

U.S. Attorneys have quietly dropped at least two cases against individuals charged with illegally possessing a lower receiver after two different federal judges ruled that the lower receivers do not meet the federal definition of a firearm, according to a new CNN story. The first case was back in 2016, and involved a convicted felon named Alejandro Jimenez who bought a lower receiver in an ATF sting operation. After a judge ruled that the receiver wasn’t an actual firearm under federal law, the case against Jimenez was dropped.

Earlier this year, according to CNN, federal prosecutors also dropped similar charges against a California man named Joseph Roh, who was accused of running an illegal gun factory outside of Los Angeles. While the judge in the case ruled that Roh was guilty of selling finished firearms without a license, the judge also decided that the ATF had improperly ruled that 80% finished receivers as well as the finished receivers themselves were firearms.

He rejected the prosecution’s argument that the ATF’s interpretation of the regulation describing a receiver could reasonably be applied to the device at issue in Roh’s case.
“There is a disconnect,” the judge wrote.
Selna added that the combination of …Read the Rest

Source:: Bearing Arms

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