Design of AR-15 could derail charges tied to popular rifle

Via John

A subtle design feature of the AR-15 rifle has raised a technical legal question that is derailing criminal cases tied to one of America's most popular weapons

Cases involving lower receivers represent a small fraction of the thousands of federal gun charges filed each year. But the loophole has allowed some people accused of illegally selling or possessing the parts, including convicted felons, to escape prosecution. The issue also complicates efforts to address so-called ghost guns, which are largely untraceable because they are assembled from parts.

Since 2016, at least five defendants have challenged the government and succeeded in getting some charges dropped, avoiding prison or seeing their cases dismissed entirely. Three judges have rejected the government's interpretation of the law, despite dire warnings from prosecutors.

Federal regulations define a firearm's “frame" or "receiver” as the piece considered to be the gun itself. But in an AR-15, the receiver is split into upper and lower parts — and some of the components listed in the definition are contained in the upper half. That has led judges to rule that a lower receiver alone cannot be considered a gun.

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