A subtle design feature of the AR-15 rifle has raised a technical legal question that is derailing cases against people who are charged with illegally buying and selling the gun's parts or building the weapon. For decades, the federal government has treated a mechanism called the lower receiver
DALLAS — A subtle design feature of the AR-15 rifle has raised a technical legal question that is derailing cases against people who are charged with illegally buying and selling the gun's parts or building the weapon.
"Now the cat is out of the bag, so I think you’ll see more of this going on,” said Stephen Halbrook, an attorney who has written books on gun law and history. “Basically, the government has gotten away with this for a long time.” Story continuesThe lower receiver sits above the pistol grip, holds the trigger and hammer, and has a slot for the magazine. By itself, it cannot fire a bullet. But by treating the piece as a firearm, the Bureau of Alcohol, Tobacco, Firearms and Explosives is able to regulate who can obtain it. Because authorities consider the part to be a gun, people prohibited from having firearms have been charged for possessing them.
The gun industry estimates there are more than 17 million AR-15-style rifles in circulation, and the National Rifle Association once dubbed it"America’s rifle.” AR-15-style weapons were used in attacks in Newtown, Connecticut, Las Vegas and Parkland, Florida. Federal prosecutors in Rowold’s case and several others declined to comment. An ATF spokeswoman would not answer questions posed by The Associated Press but said the agency is “keenly assessing” Carr’s decision.In 2016, then-Attorney General Loretta Lynch wrote a letter to House Speaker Paul Ryan after a judge dismissed a case in Northern California involving a man with a felony record who was accused of buying an unmarked AR-15 lower receiver from an undercover agent.
Jason Scott Pedro, a 37-year-old with a felony record for domestic violence, was sentenced in November to seven years in prison.
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