The ATF’s Definition of an AR-15 Lower as a ‘Firearm’ Is In Serious Trouble

First, credit where it’s due. CNN’s Scott Glover has managed to turn out an excellent article about a fairly arcane aspect of guns and firearms law while getting the details right. That’s a notable feat for legacy media these days. Read the whole thing here.

With that out of the way, the criminal prosecution — aborted though it was — that Glover has written about is worthy of note and could make the ATF’s job of regulating AR-15 sales going forward extremely difficult. CNN’s article is titled, He sold illegal AR-15s. Feds agreed to let him go free to avoid hurting gun control efforts.

Here are the particulars. A Southern California man named Joseph Roh produced 80% AR-15 lowers and complete rifles, some of which he allegedly sold without a manufacturer’s license, and some allegedly to prohibited persons. At least a few of the guns he sold were used in crimes including an 80% lower that was used as the basis for a rifle build used in a 2013 spree shooting in Santa Monica.

The ATF had been watching Roh for years and mounted a sting operation against him in 2014. They sent undercover agents into his south LA machine shop where he was holding what were basically “build parties” where customers finished lowers and assembled completed rifles.