allen-1
NES Member
This is unsettling. It's very like Maura Healey's "ruling" regarding "assault weapons". Anti-gun Attorney Generals "interpreting" the law. If successful, I see other states adopting this line of attack.
www.attorneygeneral.gov
“My Office is taking the initial step of clarifying – through my official, legal opinion – that under Pennsylvania law, 80% receivers are firearms and can be treated, regulated, and enforced as such,” AG Shapiro said today during a Capitol news conference with Governor Wolf and the PA State Police. “The proliferation of these untraceable weapons strikes at the heart of our public safety, hindering law enforcement’s ability to protect our communities. Today, we take the first step in addressing this problem.
“If we don’t recognize that 80 percent receivers are firearms under Pennsylvania law, we are creating a giant loophole that allows criminals to skirt our agreed-upon laws that keep people safe,” said Gov. Wolf. “Changing this classification will not hurt legal, responsible gun owners – This change will stop criminals, terrorists and other people who can’t pass a background check from acquiring a gun through the loophole.”
Following this legal opinion issuance, the Office of Attorney General and Pennsylvania State Police will now work together on an implementation strategy to ensure that these weapons do not end up in the hands of criminals, convicted felons or prohibited purchasers.
Law firm disagrees; Pennsylvania Attorney General Josh Shapiro, in Violation of the Law, Classifies 80% Lowers as “Firearms”
What appears lost on AG Shapiro is the fact that only the General Assembly can write the law and that the General Assembly cannot delegate its authority, in the absence of providing a coherent framework that can be equally and consistently applied. W. Phila. Achievement Charter Elem. Sch. v. Sch. Dist. of Phila., 635 Pa. 127 (2016); Mary Ann Protz v. W.C.A.B. (Derry Area School District), 639 Pa. 645 (2017). Furthermore, when dealing with criminal statutes, or statutes having both criminal and civil applications, the rule of lenity requires that any ambiguity be resolved to the Defendant’s /Challenger’s benefit. United States v. Thompson/Ctr. Arms Co., 504 U.S. 505, 518 (1992).
Perhaps most interesting to some is the misleading title of the press release, as it suggests that AG Shapiro and Gov. Wolf conclude that “80% lowers are firearms”; yet, “80% lower” is not mentioned in the opinion. Of course, perhaps that’s the way AG. Shapiro and Gov. Wolf are directing the PSP to conclude 80% lowers are firearms, without specifically addressing it in the opinion. Only time will tell, but if the PSP does take a position that “80% lowers are firearms,” it will surely be challenged in the courts and the outcome is not likely to be favorable to the Commonwealth.
AG Shapiro, Gov. Wolf: 80% Receivers Are Firearms
HARRISBURG - Amidst a gun violence epidemic, Attorney General Josh Shapiro and Gov. Tom Wolf today outlined a new legal opinion from the Attorney General’s Office addressing the classification of “80% receivers,” which are most commonly used to make unserialized “ghost guns.” The opinion...
www.attorneygeneral.gov
“My Office is taking the initial step of clarifying – through my official, legal opinion – that under Pennsylvania law, 80% receivers are firearms and can be treated, regulated, and enforced as such,” AG Shapiro said today during a Capitol news conference with Governor Wolf and the PA State Police. “The proliferation of these untraceable weapons strikes at the heart of our public safety, hindering law enforcement’s ability to protect our communities. Today, we take the first step in addressing this problem.
“If we don’t recognize that 80 percent receivers are firearms under Pennsylvania law, we are creating a giant loophole that allows criminals to skirt our agreed-upon laws that keep people safe,” said Gov. Wolf. “Changing this classification will not hurt legal, responsible gun owners – This change will stop criminals, terrorists and other people who can’t pass a background check from acquiring a gun through the loophole.”
Following this legal opinion issuance, the Office of Attorney General and Pennsylvania State Police will now work together on an implementation strategy to ensure that these weapons do not end up in the hands of criminals, convicted felons or prohibited purchasers.
Law firm disagrees; Pennsylvania Attorney General Josh Shapiro, in Violation of the Law, Classifies 80% Lowers as “Firearms”
What appears lost on AG Shapiro is the fact that only the General Assembly can write the law and that the General Assembly cannot delegate its authority, in the absence of providing a coherent framework that can be equally and consistently applied. W. Phila. Achievement Charter Elem. Sch. v. Sch. Dist. of Phila., 635 Pa. 127 (2016); Mary Ann Protz v. W.C.A.B. (Derry Area School District), 639 Pa. 645 (2017). Furthermore, when dealing with criminal statutes, or statutes having both criminal and civil applications, the rule of lenity requires that any ambiguity be resolved to the Defendant’s /Challenger’s benefit. United States v. Thompson/Ctr. Arms Co., 504 U.S. 505, 518 (1992).
Perhaps most interesting to some is the misleading title of the press release, as it suggests that AG Shapiro and Gov. Wolf conclude that “80% lowers are firearms”; yet, “80% lower” is not mentioned in the opinion. Of course, perhaps that’s the way AG. Shapiro and Gov. Wolf are directing the PSP to conclude 80% lowers are firearms, without specifically addressing it in the opinion. Only time will tell, but if the PSP does take a position that “80% lowers are firearms,” it will surely be challenged in the courts and the outcome is not likely to be favorable to the Commonwealth.
