New Case Law Derails Sentencing Of Nevada County Man In Federal Weapons Case

[livingston]

The ripples of this case are just beginning.

A South County man indicted by a federal grand jury in 2015 on weapons and marijuana charges was set to be sentenced today after taking a plea agreement. But Craig Mason’s sentencing has been postponed until mid-November, because a different case currently being litigated could invalidate the weapons charge.
Mason pleaded guilty in March to unlawfully manufacturing and dealing in firearms and was facing as much as five years in prison and a $250,000 fine, according to court documents. At the center of the charge was an allegation that Mason manufactured and sold the parts necessary to assemble a firearm to a person he believed to be a felon.
But in a memo sent last week to U.S. District Court Judge Kimberly J. Mueller, Mason’s attorney cited developments in a case involving similar allegations — United States v. Roh. Like Mason, Roh was indicted for manufacturing and dealing firearms — hundreds of AR-15-type lower receivers, completed pistols, and completed rifles, according to court records.
At issue is whether “lower receivers” can be considered firearms. Federal prosecutors have, as in Mason’s case, considered the answer to be “yes.” Mason operated a workshop on his Rosewood Road property just outside Lake of the Pines, where he allegedly converted AR-15-style blanks into lower receivers. A “blank” is a metal casting that can be converted to allow the firing a of a projectile. Once converted, it is considered a firearm by statute, even if there is no barrel, handle, or trigger, and it is subject to regulation.
In Joseph Roh’s case, a judge ruled “the evidence at trial was uncontroverted that a finished AR-15 receiver does not contain a bolt or breech block and is not threaded to receive the barrel. … The plain conclusion is that the finished receiver is not a firearm.” The ruling continued, “Roh did not violate the law by manufacturing receivers. The Court further finds that with respect to manufacturing receivers, the statute and regulation are unconstitutionally vague.”

The Captain's Journal » New Case Law Derails Sentencing Of Nevada County Man In Federal Weapons Case

 

[Acer-m14]

In Joseph Roh’s case, a judge ruled “the evidence at trial was uncontroverted that a finished AR-15 receiver does not contain a bolt or breech block and is not threaded to receive the barrel. … The plain conclusion is that the finished receiver is not a firearm.” The ruling continued, “Roh did not violate the law by manufacturing receivers. The Court further finds that with respect to manufacturing receivers, the statute and regulation are unconstitutionally vague.”

so is anyone selling lowers now to the house door now .. come on ..