Tag Archives: bump stock

Trump Vows To Do More

Trump spoke at the NRA’s annual meeting.

Reminding gun owners what he did for the protection of the Second Amendment and pledging to do much more, former President Donald Trump closed the National Rifle Association’s main event Friday with a stemwinder that brought the crowd to its feet.

What he did for 2A protection? Lessee…

He did roll back a bizarre interpretation of 3D printer files as munitions (something that report falsely characterizes as “banning 3D-printed guns”). And he reversed the VA’s blatantly unconstitutional and illegal reporting of people to NICS. I’ll give him those.

On the other hand, he also signed Fix NICS, prompting states to arbitrarily convert more people into prohibited persons and felons.

And there was that Ninth Circuit Court of Appeals appointee who thinks, “the Second Amendment has no application to state laws.” What could possibly go wrong?

Even more damaging, he magically turned inert pieces plastic into machineguns, by executive fiat. That did more damage to 2A-protected rights than any Dim president had managed in decades. Estimates vary, but turned tens to hundreds of thousands of people into unindicted felons. And more than a few indicted and convicted.

Stroke of the pen, law of the land. Kinda cool. Well, Trump did used to be a Dimocrat.

He established the precedent that federal bureaucrats are free to redefine words at will, without enabling legislation, to call any damned thing they want “machineguns.” And the ATF immediately ran with it; they live for this… excrement.

The Rare Breed Triggers FRT-15 trigger group, which requires the trigger be pulled for each round fired, suddenly became a “machinegun,” by using the exact same “logic” of “operation of operation of the triggerreally meaning “volitional movement of the finger. Oops; more newly-minted felons.

On a roll with redefining words, they came for pictures. Yep, thanks to Trump’s precedent, the ATF decided that line drawings of unassembled pieces of lightning links really are machineguns. A couple of folks are on trial for that even now, including a guy who let people run ads for the Auto Keycard, but never even sold them himself.

The Trump precedential damage continued with braced pistols becoming short-barrel rifles, after they specifically were not. But at least they gave you the options of begging permission to pay for the privilege of keeping them, or self-incriminating and hoping they’d make an exception for you. More felons.

And he’s “pledging to do much more?” While didn’t act on them before, Trump has supported no-due process red flag orders, raising the age to buy any firearm to 21, and an “assault weapon” ban. Is that the “more” he’s promising? If the Dims were paying attention, they’d nominate Trump themselves over Xiden.

On the bright side, Trump’s Supreme Court picks might… might eventually repair the damage he did to the Second Amendment. But his actions will still cost us millions of dollars in legal expenses, endless man hours, and hard work — not to mention the harm done to plaintiffs and improperly charged defendants — to get the Court to reverse him. (And note that the brilliant BRUEN decision was not written by a Trump appointee.)

If it were just his SCOTUS picks, economic work, and the incredible Abraham Accords, I’d be happy to see Trump elected again. But the man has zero impulse control on Second Amendment issues; he can demonstrably be panicked into rash action by any high profile incident.

And we have to live with his impulses.

 

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Toldja So: Cargill v. Garland At Fifth Circuit

I’m human. When I’m right, I like to brag as much as anyone else. And sometimes that means going full-blown “I told you so.”

The Fifthth Circuit ruling in Cargill v. Garland is one of those times. The Fifth overturned the lower court which had found that the ATF’s bump stock (bump stock type device) ban-through-redefining-them-as-machineguns was lawful.

How right was I? This right.

Deference

I noted that Chevron deference 1) only applies when a statute is vague, and 2) should not apply to criminal penalties, only civil. The Fifth agrees with me.

A plain reading of the statutory language, paired with close consideration of the mechanics of a semi-automatic firearm, reveals that a bump stock is excluded from the technical definition of “machinegun” set forth in the Gun Control Act and National Firearms Act.
[…]
Because we hold that the statute is unambiguous, Chevron deference does not apply even if the Chevron framework does.

Usurping Power of Congress

Congress makes laws, and the President signs them into effect. Hopped up, unelected bureaucrats do not. Again, the Fifth Circuit says I’m correct.

Of the sixteen members of our court, thirteen of us agree that an act of Congress is required to prohibit bump stocks, and that we therefore must reverse.

Redefining Trigger To Mean Finger

I pointed out that applying the definition of “function of the trigger to — volitional! — movement of the finger was a semantic nightmare that only made sense to politically driven tyrants who don’t give a damn about actual law. The Fifth Circuit… Yep.

The statutory definition of machinegun utilizes a grammatical construction that ties the definition to the movement of the trigger itself, and not the movement of a trigger finger.

The Court did not get into my point that the bump stock rule-making process violated the Administrative Procedures Act, but given that they found the rule itself is outright wrong, the additional flawed process implementing it was moot.

Since we have a Circuit split on bump stocks, maybe SCOTUS will finally grant cert and hear a case on the ban. I would love to read what Justice Thomas might have to say abou itt; his BRUEN decision was brilliant.

Justice Clarence Thomas wrote the opinion; when I saw that, I knew it was going to good. He goes into history in surprising detail. This opinion could be used as an American history textbook for a complete school year.

Thomas could create another year of lessons on this one: legislative process and history.

 

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Bump Stock Compliance

I did my bit.

If you can’t read that (the rubber bands interfered with scanner focus):

To whom it may concern,

Please find enclosed 1 “baker’s dozen” (representing the 13 colonies which rose up in armed rebellion in response to an attempted confiscation) potential bump-stock-type devices (BSTD).

While I realize that you have argued that rubber bands are not BSTDs, I choose not to take the chance, since rubber bands can provide the same spring effect of an Akins Accelerator-type device, and the ATF has a history of pseudo-random changes of mind (shoelaces coming to mind).

Please be assured that I am not in possession of any device you do consider to be a BSTD “machinegun,” unless you change your mind about belt loops which can operate in the same fashion as a springless BSTD.

 

Carl is an unpaid TZP volunteer. If you found this post useful, please consider dropping something in his tip jar. He could really use the money, what with truck repairs (too late; I’m selling the truck) and recurring bills. And the rabbits need feed. Truck insurance, lest I be forced to sell it. Click here to donate via PayPal.
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Ed. note: This commentary appeared first in TZP’s weekly email alert. If you would like to be among the first to see new commentary (as well as to get notice of new polls and recaps of recent posts), please sign up for our alert list. (See sidebar or, if you’re on a mobile device, scroll down). Be sure to respond when you receive your activation email!

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POLL: What to do with Bump Stocks

The deadline approaches: On Tuesday, March 26, 2019, those still holding bump stocks (with a bare few exceptions) will magically become felons as inert chunks of plastic mystically morph into post-’86 machineguns.

Hypothetically speaking (because none of TZP’s regular readers could possibly mean to become malum prohibitum criminals), what will/are you doing with your “bump-stock-type device?

 

Perhaps we’ll be seeing reports of “compliance”, especially the rubber band sort.

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ATTN: Bump-Fire Stock Owners, Sellers, Manufacturers, Distributors

From the Firearms Policy Coalition:

If you know of anyone who manufactures, distributes, sells, bought, owns, or possesses a “bump-stock” type device, or you/they did manufacture, distribute, or sell “bump-stock” devices but no longer do because of the ATF’s proposed ban, they should contact the Firearms Policy Coalition (FPC) Legal Action Hotline at https://www.firearmspolicy.org/hotline AS SOON AS POSSIBLE. FPC and Firearms Policy Foundation have retained Firearms Industry Consulting Group attorneys to oppose the ATF’s unconstitutional and unlawful proposed ban on these devices. If the ATF’s proposed rule goes into effect, it would require the destruction of all such devices, nation-wide, or a possessor might face federal felony criminal penalties and the loss of rights. For more information on FPC and FPF’s efforts to oppose the ATF’s proposed “bump-stock” ban, please see “FPC/FPF Opposition to ATF’s Proposed Ban on Bump-Stock-Type Devices (docket no. 2017R-22)” at https://www.firearmspolicy.org/fpc-fpf-opposition-atf-bump-stock-ban.

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“Due Jun 27 2018, at 11:59 PM ET”

That’s when commenting closes on the ATF’s Notice of Proposed Rule-Making on Bump-Stock Type Devices.

Recently, the victim disarmers have been flooding the system with pro-ban comments. I’m sure the ATF will use that to justify rationalize implementing the rule, despite the fact that it is based on multiple lies, and claims a criminal use of bump-fire stocks which the Mandalay Bay shooting investigators have refused to confirm. (That’s critical because, before the investigators stopped talking, they early on stated that at least one rifle converted to fully-automatic fire had been found in the killer’s suite in addition to the bump-fire stocked rifles.)

I’ve gone into the many problems of the NPRM already, so I won’t rehash it all. The TL;DR is:

  • They lie and say “BSTDs” allow continuous fire with a “single pull of the trigger.”
  • If bump-fire stocks convert a semiautomatic firearm into a machine gun, then any firearm that can readily accept a stock can be “readily” converted into a machine gun; under current rules, any firearm which can be readily converted is a machine gun.
  • It redefines “machine gun” by theoretical rate of fire, rather than mechanical action. Any firearm which can be fired arbitrarily “fast” becomes a machine gun.
  • “Machine gun” is defined in legislation. The ATF lacks authority to arbitrarily expand the definition to new devices.
  • The ATF lacks constitutional authority to exist.

This rule will be implemented; that seemed clear from the beginning. Reality matters not. Now, the point of commenting is just to makes sure they understand that we understand and are watching.


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Bump-Fire Rule: If you have not commented, do so

The Brady Campaign to Protect Violent Criminals plans some late comment period “ballot stuffing.” If comments mean anything — which I doubt, or this would not have been proposed — you should make sure your thoughts are known.

Pro-gun voices dominate in debate over Trump’s bump-stock ban
Of the more than 17,000 public comments received so far by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), a review by Reuters of 4,200 turned up only 10 favoring the bump stock ban. Almost all the rest criticized the proposal as heavy-handed, unnecessary or unconstitutional.
[…]
“We are rallying our members and we will be putting in a whole additional series of comments,” said Avery Gardiner, co-president of the Brady Campaign to Prevent Gun Violence, a Washington-based group dedicated to reducing gun deaths.

“The numbers will shift,” Gardiner said.

99.762 against, with logical, legal, and constitutional reasoning. 0.238% in favor, with… feelz. Therefore it will be implemented, is my guess.

It won’t help when the gun controllers start their commenting campaign. Expect to see a lot of last minute identically-worded rants about machineguns, probably from bots.


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Ed. note: This commentary appeared first in TZP’s weekly email alert. If you would like to be among the first to see new commentary (as well as to get notice of new polls and recaps of recent posts), please sign up for our alert list. (See sidebar or, if you’re on a mobile device, scroll down). Be sure to respond when you receive your activation email!

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Welcome to the party, pal

Gun Owners of America finally notices the semiauto problem with bump-fire bans, and the crowd — finally — goes wild.

Let me tell you about a little-known pro-RKBA group. While GOA ignored this until a couple of weeks ago (when I started getting fundraising emails mentioning bump-fire stocks), and the National Restrictions Rifle Association actively pushed for it, The Zelman Partisans has been trying to warn you.

For months.

  • The Zelman Partisans Statement on Proposed Legislation to Ban “Bump-Fire Stocks” and other accessories. (October 5, 2017)
    Basically this Constitution-shredding Senator wants to redefine “machine gun” by how fast you can make something fire, rather than being designed to fire automatically as long as the trigger is depressed. Apparently Jerry Miculek is going to be outlawed.
  • Training Wheels (October 25, 2017)
    That is incorrect. An automatic weapon — a machinegun — is designed to fire multiple rounds per trigger operation. Bump-fire stocks in no way affect that operation/rounds relationship. If you put a bump-fire stock on a semiautomatic rifle, you still individually operate the trigger for each round fired. Bump-fire stocks don’t make the weapon fire faster. The theoretical rate of fire of the rifle is determined by the physics of the internal parts.
  • The fix is in: proposed rulemaking on bump-fire
    Instead of looking at mechanical function, and simple physics, in this document the ATF has adopted the media and gun controller definition of “if it’s fast, it must be a machinegun.” The intent is preordained regardless of comments.
  • Commenting Now Open: Application of the Definition of Machinegun to “Bump Fire” Stocks and Other Similar Devices. (December 29, 2017)
    Considering bump-fire stocks, and other accessories, to be machineguns would not simply regulate a physical device. It effectively outlaws the bump-fire TECHNIQUE, and even pulling the trigger faster than some arbitrary threshold.
  • That’ll be our first one-term president in a while (February 20, 2018)
    I wish I could be surprised, but even before Trump began to look like a serious candidate– well before he got the R nomination — I warned that his new-found verbal respect for RKBA was belied by a long anti-RKBA history.
  • “Stroke of the pen, law of the land. Kinda cool.”* (February 26, 2018)
    “Machinegun” is defined in statutory law. Short form: a firearm that fires more than one round per trigger operation.If that can be changed by executive order, instead of congressional legislation, then everything is a machinegun waiting for the pen-stroke.What can he — would he — do with that pen?
  • Screw Physical Reality (March 10, 2018)
    If words having meaning, this is impossible without making every semiautomatic firearm an NFA item. Please note that this redefines machinegun without offering any grace period or grandfathering for existing gear.
  • Bump-fire Banned (March 23, 2018)
    And yes; The Zelman Partisans opposes this. Accepting this is in no way a compromise. We did not get reciprocal carry. We did get a dangerous Fix NICS. And this isn’t a merely bump-fire ban; it’s effectively a ban on semiautomatic firearms (and if you think Feinstein, Schumer et al aren’t aware of that, you weren’t paying attention): parts is parts.
  • Bumping Off the Truth (March 25, 2018)
    As noted on Friday, President Trump and AG Sessions announced a coming ban of bump-fire stocks (“bump-stock-type devices,” as the rule notice so eloquently puts it); no grandfathering, get rid of it or go to prison for possession of an unregistered NFA item.
  • Theoretically Speaking (March 28, 2018)
    In every case, bump-fire stocks (and trigger cranks and “Multi-burst Trigger Activators”) are bad merely because they assist the shooter in approaching the firearm’s inherent theoretical maximum rate of fire. The semiautomatic rate of fire is the problem.Take away the bump-fire stock, crank, or multi-burp shoulder thingy, and the evil — to the gun ban bunnies — rate of fire remains.
    Does anyone reading this honestly doubt that establishing the precedent of the theoretical rate of fire being the problem is exactly what they want?
  • “Bump-Stock-Type Devices” (sic) Commenting Now Open (March 29, 2018)
    The NPRM falsely states: “Specifically, these devices convert an otherwise semiautomatic firearm into a machinegun by functioning as a self-acting or self-regulating mechanism that harnesses the recoil energy of the semiautomatic firearm in a manner that allows the trigger to reset and continue firing without additional physical manipulation of the trigger by the shooter. Hence, a semiautomatic firearm to which a bump-stock-type device is attached is able to produce automatic fire with a single pull of the trigger.”
  • Bump Stocks Matter: Banning Semiautomatic Firearms (April 2, 2018)
    If this were a move to specifically ban bump-fire stocks or trigger cranks on product safety grounds (unstable, inaccurate, etc.) you’d see a lot less opposition to it. But if you read the language of the Notice of Proposed Rulemaking [NPRM] (and every submitted bill I’ve tracked down so far), that isn’t what is being addressed. It is clearly and explicitly a “problem” of “rate of fire,” in that these devices — training wheels — assist the shooter in merely approaching the semiautomatic firearm’s theoretical rate of fire. (In the case of bump-fire, by using recoil to let the trigger reset, for the next manual operation.)

That’s a partial listing. You can find more.

You know what else “increases” the rate of fire? The breechloading Ferguson Rifle. Pre-measured paper cartridges. Revolvers. Bolt/lever action rifles with magazines. Slicked bolts and polished trigger groups. New springs.

Anything that improves the action.

Might I suggest joining the one pro-RKBA group that has consistently warned of, and opposed, these bans other others ignored, under-stated, or even supported them?



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Poll: Do you care about bump-fire?

Recently, I’ve put a fair amount of my time into tracking bump-fire bans, new rulemaking and legislation alike. I’ve noticed thatrelatively few people seem to be speaking about the subject, and the majority of those who bring it up at all indicate that bump-fire stocks (and trigger cranks, etc.) aren’t worth bothering with.

Obviously, I disagree with that assessment.

Web site traffic analysis also indicates that bump-fire is a low-interst topic.

What do you think? Am I wasting my time and yours? This a two-parter; two separate, but related, polls.

 

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