Attorney General Josh Shapiro states controversial opinion regarding firearm classification. READ MORE
SOURCE: NRA-ILA
Once again, anti-gun officials contort case law and statute to undermine our Right to Keep and Bear Arms.
Last 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 “may be 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.
Just like other Democrats he’s a fu**ing idiot. How can you call a block of and metal or polymer a weapon? They are the gun grabbing democrats and they want to impose their thoughts and will on the general public. Wake up America these people want total control of your lives so you can’t make your own decisions. They need voted out and they need to be voted out now. We are the people and we are the government. God Bless America
I agree, Semper Fi!
Absolutely, well said!
If you throw your 80% block of metal ,and hit someone, it’s a weapon . If you throw your 80% eaten apple at someone , it’s a weapon. When is all this B.S. going to end? One way , is NOT TO ELECT THEM IN THE FIRST. To do That, YOU HAVE TO GET OFF YOUR BUTT AND VOTE……..
Another Bloomberg funded pos, just like AG Kane was. And look what happened to her.
It really amazes me that our Government allows people without ANY Expertise in firearms are allowed to write the laws to dictate and establish laws that so bizzar and nonsencical . Rich Z is correct We HAVE TO GET OFF YOUR BUTT AND VOTE. Look at how many politicians writing our laws have NO idea what they are writing , I live in Ca. and this place is one of the worst places to own firearms , over the past 5 years the requirements for a operating AR have turned that weapon in to a joke.
Oh , whats a mother to do !
How did all these socialists, soon to be communist’s ever get elected?
Why aren’t 80% or 90% finished lower receivers treated like any other lower receiver? The ONLY purpose is to create a functioning AR lower receiver. A finished lower receiver is NOT a functioning firearm but is serialized and requires a background check. These partially finished lowers should be treated similarly. You have to be a contortionist or dishonest to claim otherwise.
According to your time stamp 11:06 pm (it’s 6:33 pm central here), what country are you from? Your user name gives me ideas where that may be. Your argument is typical third world gibberish, let me enlighten you, I can slap a lower on an upper in a heartbeat and make it functional. Try that with a 80% and see how well that works, 90% aren’t legal bonehead so no go there either. Who’s dishonest?
Dabu , More like Babu . You must not be familiar with the US constitution or Bill of Rights , you see We Americans have the only one that included the God Given right to Bear Arms of the day . If you ever get a chance to read it , And you should , But sorry spoiler alert , Theres nothing in there about background Checks on those Firearms , That was added much later by the fools who came over here and Changed all the Democrats to Communist in the last century . But the good news is it wont stick !!!