Gun design could derail charges

There is an interesting article in the Times, “Design of AR-15 Could Derail Charges Tied to Popular Rifle“, which could impact Gov. Cuomo’s “ghost guns” crap:

“A subtle design feature of the AR-15 rifle has raised a technical legal question that is derailing cases against people who are charged with illegally buying and selling the gun’s parts or building the weapon. At issue is whether a key piece of one of America’s most popular firearms meets the definition of a gun that prosecutors have long relied on. For decades, the federal government has treated a mechanism called the lower receiver as the essential piece of the semiautomatic rifle … But some defense attorneys have recently argued that the part alone does not meet the definition in the law. Federal law enforcement officials … are increasingly worried that it could hinder some criminal prosecutions and undermine firearms regulations nationwide … 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 …”

I can see how the NYC prohibition law passed last fall could be subject to legal challenge based upon this article.  Not just black rifles, but Glock clones as well.

Nevertheless I’m not so naive as to think the Governor really cares about things like this.  He just wants to get his name and face before the camera signing some more gun control legislation.  If it gets knocked out by the courts sometime down the road, so what?

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