Though the trial lasted less than a
week, Selna deliberated for more than year. In April, he issued a
tentative order in which he determined that the ATF had improperly
classified the AR-15 lower receivers in Roh's case as firearms.
He
rejected the prosecution's argument that the ATF's interpretation of
the regulation describing a receiver could reasonably be applied to the
device at issue in Roh's case.
"There is a disconnect," the judge wrote.
Selna
added that the combination of the federal law and regulation governing
the manufacturing of receivers is "unconstitutionally vague" as applied
in the case against Roh.
"No
reasonable person would understand that a part constitutes a receiver
where it lacks the components specified in the regulation," Selna wrote.
Therefore, the judge determined, "Roh did not violate the law by manufacturing receivers."
The
judge's tentative order also found that the ATF's in-house
classification process failed to comply with federal rule-making
procedures. Changes to substantive federal regulations typically include
a notice-and-comment period and eventual publication in the Federal
Register.
2 comments:
Too funny! ATF gets screws themselves by assuming some judge is just going to go along with it. They can't even follow the rules making the new rules. Too bad there are too many ballless congresscum working to scale back this agency.
Congress WILL get around to addressing this. No way in hell they leave this issue alone. And since they are ignorant, incompetent agenda driven assholes the law(s)
they create to close this "loophole" will be simply awful.
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