No background checks for DIY firearms, gun-rights supporters notch temporary courtroom win in Pennsylvania

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No background checks for DIY firearms, gun-rights supporters notch temporary courtroom win in Pennsylvania
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Unfinished receivers that have not been fully manufactured are not traditionally considered firearms, although some states have cracked down on unregulated precursors.

While Commonwealth Court Judge P. Kevin Brobson's ruling restraints the state from requiring background checks on firearms precursor sales, it left open the possibility that Attorney General Joshua Shapiro and the Pennsylvania State Police could enforce such a policy in the future.

Friday's decision largely turned on two of four issues raised in the original application for the injunction. The plaintiffs alleged that the state failed to adopt and implement the new policy—previously, unfinished firearms parts were not subject to background checks or regulated as firearms—in a sufficiently transparent way.

Weapons components, such as the frames or receivers of firearms, are regulated just as their fully assembled counterparts. However, unfinished receivers that have not been fully manufactured are not traditionally considered firearms, most notably by the Bureau of Alcohol, Tobacco, Firearms and Explosives, which enforces federal firearms regulations.

Precursors need to be machined into fully finished parts in order to be functional, a process that can either be relatively straightforward or time-consuming and complex, depending on the state of the precursor and machinery required to do the job.

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