Tag Archives: GOA

ARs Are Not Machineguns

Gun Owners of America, Inc. v. Garland, GOA’s bump-fire stock case brought about an interesting development. The Department of Justice sent the court a letter in response to a request about the meaning of “can be readily restored to shoot.”

Violence enabling lawyers who claim that the existence of bump-fire stocks, lightning links, and autosears mean that AR-pattern firearms are machineguns should take note of page 2 of that letter.

In any event, an AR-15 is not a firearm that can be “readily restored” tp fire automatically. An AR-15 — a semiautomatic firearm — is not a weapon that “previously could shoot automatically but will not in [its] present condition.

To be honest, the possibility that courts or the ATF would so rule has concerned me. So I hope the ATF also reads this letter, too. I don’t think we should get too complacent about this, but we can breathe a little easier… for now.

[Permission to republish this article is granted so long as it is not edited, and the author and The Zelman Partisans are credited.]

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If I see, “The ATF admitted…” One. More. Time.

This story won’t go away. Ever since NCLA ran their press release claiming the federal government admitted in a filing in the Aposhian case that they didn’t have the lawful authority to “legislate” the bump-fire ban, the “wonderful news” keeps showing up in blogs, forums, and news sites.

First, the story did originate with the NCLA. That was your first tip to take it with a grain of salt. You may recall that they also claimed that Aposhian was the only man in America allowed to keep his bump stock. That was… incorrect. It was almost as if they were completely unaware of the Guedes et al and Gunowners of America cases. I, and many other people, tried to get them to fix that statement. They informed me that a statement correcting it that would be released.

It wasn’t, at least as of this writing, six months later.

As for this claim… read the filing for yourself. What the federal attorneys said was, We did not arrogate Congressional power to legislate. We used our Congressionally delegated power to interpret the NFA’s language to establish rules; the ‘power to fill up the details’.

Please stop passing NCLA’s mischaracterization around.

[Permission to republish this article is granted so long as it is not edited, and the author and The Zelman Partisans are credited.]

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“Political Expediency, Not Statutory Ambiguity”

The Firearms Policy Coalition and Cato Institute have filed an amicus brief in Gun Owners of America v. Barr, the GOA’s bump-fire stock case in the 6th Circuit.

Read it. It’s only 17 pages in full, and the brief proper is just 11 pages (the remainder being the standard legal paperwork administrivia).

Yes, read it; but I’m going to distill the basic message for you anyway.

The ATF’s Interpretative Reversal Is Based on Political Expediency, Not Statutory Ambiguity
[…]
What prompted this reversal? The proposed rulemaking reveals that the impetus for this change in position was not an organic review of agency policy. Instead, the change was triggered by public outrage following the October 2017 mass killing in Las Vegas, which likely involved a bump-stock-type device:
[…]
The ATF admits that the rulemaking was commenced “in response” to outside political pressure.
[…]
On February 28, 2018, the president hosted a meeting with members of Congress to discuss school and community safety. […] President Trump interjected that there was no need for legislation because he would deal with bump stocks through executive action:

And I’m going to write that out. Because we can do that with an executive order. I’m going to write the bump stock; essentially, write it out. So you won’t have to worry about bump stock.”
[…]
Reportedly, Justice Department officials told Senate Judiciary Committee staff that the government “would not be able to take [bump stocks] off shelves without new legislation from Congress.”

Likewise, the ATF director told police chiefs that his agency “did not currently have
the regulatory power to control sales of bump stocks.”

While the Department stated that “no final determination had been made,” President Trump boasted that the “legal papers” to prohibit bump stocks were almost completed. […] [B]efore the rulemaking was announced, President Trump tweeted: “Obama Administration legalized bump stocks. BAD IDEA. As I promised, today the Department of Justice will issue the rule banning BUMP STOCKS with a mandated comment period. We will BAN all devices that turn legal weapons into illegal machine guns.”

Right there, they document that the decision had been made, regardless of the actual rulemaking process or facts, and that it deliberately bypassed legislation. We knew that, of course, but they collated and documented it in incriminating detail.

This is now a test of the court itself, not just ATF or DOJ. Taking the longer view, because I anticipate the 6th Circuit Court of Appeals blowing this off, it is a test of the Supreme Court.

If the ban is upheld, despite flawed regulatory practices (which didn’t really matter, as the process was a Potemkin show to pretend they weren’t actually banning by political fiat), and the grossly improper bypassing of Congress, there is no law.

By and large, honest gun owners try to live by the Constitution and the rule of law. We’ve put up with much over the decades because it was framed as “law,” and we thought we, too, had the courts and law to make our case for freedom. The politicians, bureaucrats, and especially the courts must consider the ramifications of making that impossible.

[Permission to republish this article is granted so long as it is not edited and the author and The Zelman Partisans are credited.]

 

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 ISP and web host bills. And the rabbits need feed. Click here to donate via PayPal.
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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?



Carl is an unpaid TZP volunteer. If you found this post useful, please consider dropping something in his tip jar. He could use the money, what with truck repairs and bills.

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The Ballot Box

 “There are four boxes to be used in the defense of liberty: soap, ballot, jury and ammo. Please use in that order.”

I listened to a radio show the other morning and the host was talking about how it seems like the mainstream media is downplaying the importance of this coming election. That is really won’t be all that important. This is not the case. It is very important. If it weren’t I don’t think we would be seeing the reports of touchscreen voting machines that seem to be changing Republican Votes to Democrat votes.  Interestingly, there don’t seem to be reports of it going the other way which is sort of shooting a hole in the stock reply from officials it’s a “calibration error”.

Here, here, and here.

So, my first bit of helpful advice for the upcoming ballot box trip, is carefully check your summary and make sure that the votes it shows are the ones you actually wanted to make.

Second tip. Who can you rely on to give you accurate suggestions when it comes to voting for pro-gun candidates?  While what I’m going to say may sound like heresy, it’s not. Nor am I “attacking” the NRA. But when those little orange cards come to your house, or that handy voter guide is in the magazine, please, please, please do not let that be your only source of information.

While the TZP (The Zelman Partisans) are NOT making political endorsements, I do have a suggestion along those lines. I would suggest you go to Gunowners of America and check out their voter guide.

Why you ask? Well, let’s take this one race. In West Va. The NRA has endorsed Nick Rahall. They have given him an “A”. He is the incumbent. The endorsed him over Evan Jenkins, who has his own voting record.  GOA gave Rahall a D- and gave his opponent Evan Jenkins an “A” rating.

That’s a pretty big difference. But also remember the NRA gave anti-gun Harry Reid a “A” rating and it cost Nevada and America a solid Second Amendment Senator, we could have had Sharon Angle.

Arkansas too had problems with the NRA ratings.

I know there were some problems in Missouri when the NRA endorsed the late Ike Skelton who at the time had been voting WITH Nancy Pelosi 98% of the time. I’m not sure how that managed an A rating, but it did.

I can only guess at why they rate candidates the way they do. I’ve heard they prefer to endorse a candidate they think will win, so that their endorsement win level appears high. That probably explains their preference for endorsing incumbents.  Another thing to consider is what kind of “gun legislation” does the NRA consider important. If you want state sovereignty gun legislation, know that the NRA does not.  Missouri and Florida have both tried to pass a state version of a “Second Amendment Protection Act” only to see it sabotaged by the NRA. Wyoming has also had fights with the NRA on expanded background checks, but Wyoming has a very strong grassroots Second Amendment group, Wyoming Gun Owners,  and it seems they win some of their fights. Wyoming does have a Firearms Freedom Act.

So am I trashing the NRA? No, but if I’m going to urge you to check other sources for voting guidelines, I should give you a few reasons for that statement.  Yes, the NRA does some good things. I love the Eddie Eagle program. But if you are an activist that wants a version of a Firearms Freedom Act or a Second Amendment Protection Act, then understand the high grade that you see on the orange card may not actually mean what you think it means!

Our country is in a very pecarious postion, we can not afford to make mistakes. I think the GOA voting guide will be your best source for accurate guidence on the candidates.

Please, this coming Tuesday, utilize the ballot box, we do not ever want to be in a position to have to utilize the cartridge box.

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