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Discussion Starter · #1 · (Edited)
It's a CNN link, so some of you won't click on it. That's fine. Here's the short story: Joseph Roh was having customers punch the little green button on his machinery to finish 80% lowers, and BATFE told him not to. He kept on and was charged with manufacturing without a license. A tentative order from the judge held that the BATFE's classification of AR lowers as "firearms" was beyond BATFE's legal reach, that just because BATFE says that a "lower receiver" doesn't make it a "firearm receiver" within the meaning of the law. After that, Roh took a plea deal on other charges. I've attached the actual Order.

ETA: I forgot to include the CNN link: https://amp.cnn.com/cnn/2019/10/11/us/ar-15-guns-law-atf-invs/index.html
 

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Anti-Federalist
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Looks as if this didn't draw the interest that either one of us thought it would.. odd. Thanks for transcripts.
 
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Man, I'm Pretty
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Heard about this on local radio today (The Gun Guy) here in the Indy area. Very interesting but it looks like the judge just sent it back to a lower court or something. It won't apply anywhere else.

Regards,
Happyguy :)
 

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Discussion Starter · #4 ·
Looks as if this didn't draw the interest that either one of us thought it would.. odd. Thanks for transcripts.
Yeah, I thought it would generate more buzz, too.
Heard about this on local radio today (The Gun Guy) here in the Indy area. Very interesting but it looks like the judge just sent it back to a lower court or something. It won't apply anywhere else.

Regards,
Happyguy :)
Not back to a lower court. The judge issued a "tentative order" and the parties reached a plea deal. So it has no precedential value. What makes this interesting is that it successfully raised an argument that I hadn't seen made before. That argument has to do with the Administrative Procedures Act. If BATFE didn't follow the APA in classifying (or re-classifying) things, those classifications may be void. Think bump stocks. I am hoping that more of the attorneys involved in challenging some of BATFE's actions will get wind of this case and start examining their cases in light of that line of argument.
 
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