Why Is The ATF Enforcing A Rule That Doesn't Exist?

On today’s Bearing Arms’ Cam & Co. Robert Verbruggen of National Review joins me to talk about the bizarre fact that the ATF and DOJ are attempting to enforce a firearms regulation that does not exist.

A guy named Joseph Roh illegally manufactured and sold AR-15s and other guns through a slapstick scheme to avoid the law. A judge issued a tentative order against Roh — but in the process held that lower receivers are not firearms under current regulations, thus acquitting Roh of some of the charges. The government decided to let Roh off with a slap on the wrist rather than pursue the matter further, to prevent the order, as CNN puts it, from “becoming permanent, drawing publicity, and creating case law that could hamper ATF enforcement efforts.” It ended up on CNN’s website regardless, and anyone prosecuted for selling AR-15 lowers going forward will be tempted to try Roh’s defense.

As Verbruggen told me, there’s no easy fix for the government here. “Fixing” the regulation could throw previous convictions and current cases into doubt, but leaving the regulation as is will be problematic for future cases, to say the least.

I’m also really pleased that Second Amendment activist and Wisconsin resident Aaargo Jay could join the show today to give his take on Governor Tony Evers calling for a special legislative session in an attempt to pass a “red flag” law and universal background checks. I’m even more excited that Aaargo Jay is going to be at the 2nd Amendment Rally coming up in Washington, D.C. on November the 2nd. I’ll also be in attendance, and hope to see you there as well.

We also have the story of a North Dakota man who received probation for a shooting in the state, a self-defense shooting in an Ohio home invasion, and a conservation officer in Michigan who’s making a habit out of being in the right place at the right time to save a life.

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