Opinion
Once again, anti-gun officials contort case law and statute to undermine our Right to Keep and Bear Arms.
Fairfax, VA – -(Ammoland.com)- This week, Pennsylvania Attorney General Josh Shapiro issued a tortured opinion defining partially-manufactured receivers as firearms. This opinion flies in stark contrast to the current, and widely held, understanding that receivers that are unfinished and require additional work to operate as a functional frame or receiver are not considered firearms and therefore aren’t regulated as such.
Shapiro relies on two arguments to arrive at this absurd result. One, that unfinished receivers are “designed” to expel a projectile by action of an explosive. It doesn’t take a law degree to figure out how backward this thinking is. Partially-manufactured lowers are explicitly designed so that they are unable to expel a projectile by action of an explosive without further work. In other words, by their very nature, they are not firearms.
Two, Shapiro claims that these receivers “may be readily converted (to expel a projectile)” which he argues is analogous to the “may readily be restored” language of the federal National Firearms Act.
With this make-believe bridge, Shapiro then imports federal case law concerning the “maybe readily restored” (to a machine gun) language to draw up extremely broad contours of what would be considered a firearm under state law. He uses extreme case law to lower the threshold for what constitutes a firearm to facilitate his anti-gun position and leanings.
Shapiro’s “theory” of treating non-functioning blocks of polymer, steel, or aluminum as “firearms” is the equivalent of calling a pile of aluminum tubes a bicycle or even considering a hickory or ash tree a baseball bat.
Make No Mistake — This opinion applies to much more than unfinished receiver kits!
Using the extremely vague description provided by AG Shapiro, almost any chunk of material (metal, polymer, etc.) could be considered a firearm and he and his anti-gun cronies can use this precedent to destroy our freedoms one step at a time.
About:
Established in 1975, the Institute for Legislative Action (ILA) is the “lobbying” arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution. Visit: www.nra.org
The NFA is the actual problem here and must be repealed.
And the FFA, GCA, and the 1986 automatic weapons ban.
First we have to fight and win the civil war, then we fix the laws.
Americas rallying cry! “We Will Not Comply”
Demonrat, Commie, Socialist, Hippie, Snowflakes are on a mission its to disarm the American people so they can take control. It’s time the people fight back against anti-constitutional tyranny and remove the tyrannical, traitors in government. ” SHALL NOT BE INFRINGED”
Samuel Whitmore. The forgotten hero. Google him.
He should be disbarred. I believe the ATF has jurisdiction over what is considered a firearm.
This will go to court as soon as someone is arrested for having an un-serialized hunk of aluminum.
He needs to be strung up from a lightpole, just like every other stinking POS democrat polluting America.
Make him a Christmas Tree ornament… HANG HIM !!!!
Maybe a PINATA, break out the bats !!!!
This guy thinks he owns people. When somebody is stating what they will allow you to buy own and sell what other conclusion can their be? Until we start calling them out for what they are they will continue to gain support. The human ownership mentality must be pointed out if we are going to get more than our choir to support rights
Calling them out won’t change anything, it is time to act.
Next he will ban all metal tubing because they can be easily designed to expel a projectile, and all pens, flashlights, and his vibrating dildo.
Nope, I ain’t doing the search for his dildo…… Because I bet it will stay hidden up his ass.
All gun laws are infringements.
All who advocate for infringements are traitors.
It is past time that Americans use their 2nd Amendment for its true purpose, and go tyrant hunting. No bag limit, no restriction, no expiration.
While it is possible to convert a shaped piece of aluminum into a firearm it does require machinery, know how and some manor of skill. What is next? Is it going to be illegal to own bar stock aluminum or polymer? My understanding of the law is that American citizens are legally able to build their own firearm. I got this from a lawyer. I see this guy as just another socialist, communist, demoncrapic, left leaning thug who is actively trying to dismantle our GOD given, constitutionally protected freedoms and rights. Take note of his name etc. When we the… Read more »
No, you’re not alone. Right now the eyes of the country are on Virginia. As one other author put it, it’s a cold civil war right now, but it could very quickly turn hot and, unfortunately, though gun owners are telling the Democrats they need to stand down on gun gun control, the Democrats not only aren’t listening, they don’t appear to care.
There is a recall effort underway for Ralph Northam. If you’re a Virginia Citizen this is your chance.
https://virginiaconservatives.net/recall-radical-ralph-northam
Wow, he can claim being responsible for the birth of 75% receivers, which will be available the day after his ill-conceived and legally vacant opinion takes effect.
Americans have made their own firearms for hundreds of years, and will continue to do so. No law prevents it, and if one were to pass it would rightfully be ignored. Humans have the right to defend themselves, their freedom, possessions and their loved ones, and they will fabricate the means to do so no matter what some politician says.
Shapiro… just another clown living off the public. He is as useless as tits on a bull.
So, I guess that means in PA., there won’t be any more Home Depot stores then? Since I can build a gun in a couple hours from stuff on the shelf…..
According to that sorry excuse for a lawyer, an 80% lower is a firearm, and a chunk of metal is a machine gun UNLESS it will take MORE than 13 hours, $65,000, and a master gunsmith to get it to work.
I’m no master, but give me $64,000 and I’ll turn a chunk of metal into a nice sub gun.
Hell, if choose to, I can whip up a crude subgun for a couple hundred…… Mostly from Home Depot, and/or the local industrial supply house……
Typical Democrat autocrat.
State Attorney generals are in lockstep with their govenors and minions. It used to be this office would procecute government wrongdoing but instead have become the strong arm against the citizenry where the only ones held accountable are the law abiding.
This guy must be a member of Pennsylvania’s notorious ‘Kosher Mafia.’