Formal indictment for 80% manufacturer who let customers finish lowers on-site

FWIW, I think these guys were pretty public about having everything set up so you just had to push the "go" button on the CNC. Sad to see, but assuming what's said below is true, I'm not surprised.



Owner of La Habra Manufacturing Firm Charged with Illegally
Manufacturing and Selling Key Component for AR-15-Type Rifles

LOS ANGELES – A federal grand jury today indicted the owner of an Orange
County manufacturing business on a federal charge related to the illegal manufacture
and sale of lower receivers for AR-15-type rifles, as well as completed firearms.

The one-count indictment charges Joseph Roh with engaging in the business of
manufacturing and dealing in firearms without a license, a felony offense that carries a
statutory maximum penalty of five years in federal prison and a $250,000 fine.

The indictment alleges that Roh, 46, of Fullerton, did not have the proper license,
but he manufactured and sold hundreds of lower receivers for AR-15-type firearms. In
addition to the lower receivers, the indictment alleges that Roh illegally sold complete
rifles and pistols.

Through his business, ROHG Industries in La Habra, Roh allegedly started with
unfinished lower receivers for AR-15-style firearms. A lower receiver is the frame of a
completed firearm that holds the trigger and hammer. An unfinished lower receiver,
when machined further, constitutes a firearm. Roh and his employees would finish the
lower receivers by machining the devices with a computer-numerically-controlled – or
CNC – machine and drill presses that Roh maintained at the La Habra warehouse.

Roh attempted to avoid the licensing requirement by requiring that each
customer play a token role in the manufacturing process, which often meant merely
pushing a button on a CNC machine, while company employees did the vast majority of
the work.

While the sale of unfinished lower receivers is not regulated, the manufacture
and sale of completed lower receivers – which are considered firearms under federal
law – requires a proper license.

Additionally, Roh would, if the customer wanted, assemble the rest of the firearm
by adding an upper receiver, a barrel, and other necessary parts to the lower receiver.

Roh has agreed to surrender tomorrow and be arraigned on the indictment
tomorrow afternoon in United States District Court.


http://www.ocregister.com/articles/r...r-federal.html
https://drive.google.com/file/d/0ByJ...5DR01MNnc/view

Hope he gets a good lawyer.

So Mr. Roh is the latest in a long line of ham sandwiches. Sadly, if the trial is in southern California, most of the trial will be spent educating the jury about firearms and the differences between a 0%, 80%, and a completed lower receiver. If the defense attorney fails to get a good jury, they will be left with the same voters who think all black rifles are evil, automatic, and assault weapons, regardless of who makes them or what percentage is finished when it is sold.

He really didn't get good advice, as the rest of the assembly work he did was an error.

Surely he checked (in writing) with the BATFE and got their exact opinion of the 80% and exactly what he could and couldn't do prior to setting up his business. Now, this will be a REAL test case that others had better watch closely. I don't think it would be good to antagonize ANY Government entity.

In the eyes of the law, it's one thing to guide a person to completing a lower & something totally different to giving them a token role in the process.

While the time & interaction would have been considerably greater, leading someone through all of the steps (...now take the block and put it in the machine at this angle, next...) would have been a smarter and safer way to go.

I refuse to assemble an LPK into a lower or attach an upper to said lower for someone but I'll walk them through every step to do it themselves. Sure, you get 3 hots & a cot but I'm far too good looking to go to prison.

ETA:

Quote:

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Originally Posted by BlasterBob

I don't think it would be good to antagonize ANY Government entity.

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Sadly, having a business that deals with "evil black rifles" in CA is antagonizing those in control to start with. You'd be unwise to fail to ensure EVERYTHING you did was fully & unquestionably legal. I think he failed to consider this.

Sounds like he tried to get around having to being a licensed manufacture and got burned by being stupid and breaking the law. I suspect if he would had another shop down the road to finish the lowers this would have been a none issue. So I hope if he had intent to circumvent the law he gets all that is coming to him and more. People like this is the reason this hobby and business gets a bad name and is vilified.

Quote:

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Originally Posted by 2XS

Sounds like he tried to get around having to being a licensed manufacture and got burned by being stupid and breaking the law. I suspect if he would had another shop down the road to finish the lowers this would have been a none issue. So I hope if he had intent to circumvent the law he gets all that is coming to him and more. People like this is the reason this hobby and business gets a bad name and is vilified.

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Not even. This hobby is vilified, because someone who doesn't like guns (the elitist ) don't want us common folk to own them. Are there bad apples, of course. However Gun Owners have been marked as terrorist, whacko religious nut cases,trigger happy killers who have no concerns for children, for decades before 80% receivers were even on the radar.

I'm interested to see what his true motivation is. My guess is this is just gonna get the man to start making laws to stop the DIY gun building.