Quote:
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Firearm frame or receiver. That part of a firearm which provides housing for the hammer, bolt or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel.
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Thank you. This definition in law (not regulation) makes things easier to understand.
Using that definition, it becomes easy to see why a court could question the ATF's choice that the lower receiver is to be the serial # part (assuming it was they who did make the choice), since the lower does contain the hammer, but does not contain the bolt, and "firing mechanism" or barrel attachment.
Now, this begs the question, DID the ATF make the decision or were they presented with the AR with the lower already serial#'d and simply approved it? It's likely that those in the ATF at the time probably figured it would make no difference, upper or lower, as long as one of the was the ser# part for legal purposes. Now, it seems that it might make a difference, 60 some years down the road...
I am also reminded of the Ruger Mk I pistol (and, I think the rest of the Mark series), which is almost the opposite. MOST handguns have the frame as the ser# part, (which is often but not always integral with the grip "frame") but that Ruger does not, it's "receiver" is not the frame, but is attached to it.