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Feds drop “ghost gun” case to avoid hurting gun control


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#1 steveTA84

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Posted 11 October 2019 - 05:01 PM

https://www-m.cnn.co...invs/index.html

For more than a year, Joseph Roh illegally manufactured AR-15-style rifles in a warehouse south of Los Angeles.
His customers, more than two dozen of whom were legally prohibited from possessing a firearm, could push a button, pull a lever, and walk away a short time later with a fully assembled, untraceable semi-automatic weapon for about $1,000, according to court records.
Roh continued his black-market operation despite being warned in person by agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives that he was breaking the law.
But five years after raiding his business and indicting him, federal authorities quietly cut a deal with Roh earlier this year and agreed to drop the charges.
Why?
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."



#2 Euler

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Posted 11 October 2019 - 05:36 PM

...
Under US District Court Judge James V. 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.
...
Adam 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.
...


The welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience.

- Albert Camus, Resistance, Rebellion, and Death, 1960.


#3 Flynn

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Posted 11 October 2019 - 05:37 PM

Seems like at least one lower court Judge was actually paying attention to the Heller ruling and that scares the pants of gun grabbers butts, let's hope the SCOTUS puts the lower courts that refuse ot honor the right to rest sooner than later.

 

Too bad we couldn't get favorable precedent in this case, but it certainly appears the ATF/Feds are scared to death of future control lawsuits getting to the current SCOTUS.


Edited by Flynn, 11 October 2019 - 05:38 PM.

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#4 markthesignguy

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Posted 11 October 2019 - 06:52 PM

Technically the lower receiver of an AR-15 is NOT a firearm:
 
 
 

a firearm frame or receiver is defined as: That part of a firearm which provides housing for the hammer, bolt or breechblock, and firing mechanism,
and which is usually threaded at its forward portion to receive the barrel.



The lower receiver codification ATFE uses did NOT go through proper procedures to be lawful.


Edited by markthesignguy, 11 October 2019 - 06:54 PM.

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#5 ChicagoRonin70

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Posted 12 October 2019 - 11:12 PM

I saw this. Since a judge did make a preliminary ruling on this, could it possibly be used as the basis for an action by a plaintiff using the same logic and justification to file an action in and of itself separately?


"A well educated Media, being necessary for the preservation of a free State, the right of the people to keep and read books, shall not be infringed."

 

"A well regulated Militia, being necessary for the security of a free State, the right of the people to keep and bear arms, shall not be infringed."

 

Who gets to keep and read books? The Media? Or is it the People?

 

“One can never underestimate the idiocy of those determined to be offended by things that don't affect their real lives in the slightest.” —Me
 
“Hatred is the sharpest sword; the desire for peace is armor made of willow leaves in the face of an enemy who despises you, as neither alone will stop a strike that is aimed at your neck.” —Samurai proverb
 
“An armed society is a polite society. Manners are good when one may have to back up his acts with his life.” —Robert Heinlein
 
“I reserve the right to take any action necessary to maintain the equilibrium in which I've chosen to exist.” —Me
 
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#6 Euler

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Posted 12 October 2019 - 11:46 PM

Since the case was dropped, I believe he no longer has standing. Plus maybe he doesn't want the attention.
The welfare of the people in particular has always been the alibi of tyrants, and it provides the further advantage of giving the servants of tyranny a good conscience.

- Albert Camus, Resistance, Rebellion, and Death, 1960.


#7 ChicagoRonin70

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Posted 13 October 2019 - 12:08 AM

Since the case was dropped, I believe he no longer has standing. Plus maybe he doesn't want the attention.

 

What I was talking about is someone else taking the preliminary ruling, putting that language in an action of their own, and filing it with the explanation that the current way the law is interpreted is preventing them from doing what Roh did under the threat of prosecution by the ATF, which is an unlawful restriction on the filer's rights.


"A well educated Media, being necessary for the preservation of a free State, the right of the people to keep and read books, shall not be infringed."

 

"A well regulated Militia, being necessary for the security of a free State, the right of the people to keep and bear arms, shall not be infringed."

 

Who gets to keep and read books? The Media? Or is it the People?

 

“One can never underestimate the idiocy of those determined to be offended by things that don't affect their real lives in the slightest.” —Me
 
“Hatred is the sharpest sword; the desire for peace is armor made of willow leaves in the face of an enemy who despises you, as neither alone will stop a strike that is aimed at your neck.” —Samurai proverb
 
“An armed society is a polite society. Manners are good when one may have to back up his acts with his life.” —Robert Heinlein
 
“I reserve the right to take any action necessary to maintain the equilibrium in which I've chosen to exist.” —Me
 
"It ain't braggin' if you done it." —Will Rogers

 

 InX89li.jpg
 

 
 
 
 


#8 Flynn

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Posted 13 October 2019 - 01:00 AM

Since the case was dropped, I believe he no longer has standing. Plus maybe he doesn't want the attention.

 

From what I have read it wasn't dropped, it's still an open case.

 

the case against Roh is technically an open matter because he remains subject to a deferred prosecution agreement.

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