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Ban On Bump Stocks To Begin March 26

GOA DiFi

 

 

 

 

 

 

 

 

 

 


It’s official, according to the National Federal Register, the ban on bump fire stocks will be put into effect on March 26, 2019, classifying the bump stock devices as “machineguns”.

According to the notice in the Federal Register, the Department of Justice is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to clarify that bump-stock-type devices—meaning “bump fire” stocks, slide-fire devices, and devices with certain similar characteristics—are “machineguns” as defined by the National Firearms Act of 1934 and the Gun Control Act of 1968 because “such devices allow a shooter of a semiautomatic firearm to initiate a continuous firing cycle with a single pull of the trigger.”

This is of course a lie, as anyone watching this video can see, pay careful attention to the operator’s trigger finger and notice how there is in fact one trigger pull per shot fired.

As we explained in our article, The Fake News About Machine Guns In Las Vegas Attack, a bump stock does not meet the definition of a machine gun established by the NFA:

A machine gun is regulated by the National Firearms Act of 1934. The National Firearms Act (NFA) does not ban machine guns; it regulates their sale by imposing a $200 tax and registration scheme. This same legislation imposes a similar tax and registration on short-barreled (sawed-off) shotguns and rifles. The NFA and its attendant taxes are still in force, codified in amended form at 26 U.S.C. § 5801 et. seq.

Under 26 U.S.C. 5845(b), "The term machinegun' means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended solely and exclusively, for use in converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person."

The “frame or receiver” is the “box,” if you will, that houses the trigger mechanism, hammer or striker, and to which the barrel and stock or grip are attached.

The key point in the legal definition of a machine gun versus any other kind of gun is this; the gun is “designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger.”

This means that rapid fire guns that have a hand crank, such a Civil War era Gatling Gun, or a pump action rifle or shotgun or a semi-automatic gun that loads one round for each pull of the trigger is not a machine gun because they each require one trigger pull or other manual action per shot fired.

A “bumpfire stock,” as was apparently used in the Las Vegas attack, does not come within the purview of the NFA because it does not change how the gun loads or fires – it still requires one pull of the trigger for each round loaded and each shot fired.

So why all the confusion between a “bumpfire stock” and a machine gun in Las Vegas?

What a “bumpfire stock” does is substitute a mechanical device that transfers the energy generated by the exploding charge in the cartridge through a linkage to the receiver, thereby moving the gun, and in effect assisting the operator in pulling the trigger.

This increases the rate of fire by assisting the human mechanical action involved in pulling the trigger, and substituting a mechanical “bump” for the thought and muscle process of making your finger squeeze the trigger, but it doesn’t change the mechanism of the gun – it still delivers one shot and one reload per trigger pull, the same as if a human finger pulled the trigger without the mechanical assistance of the “bumpfire stock.”

The Department of Justice claim that a bump stock converts 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 simply doesn’t hold up to empirical observation, let alone the plain language of the statute.

Fortunately, our friends at Gun Owners of America and the Virginia Citizens Defense League have filed a lawsuit to stop this administrative overreach. You can read the complaint through this link.

Two state other organizations that have also partnered with GOA to financially support this case are the Oregon Firearms Federation and BamaCarry.

The GOA suit questions the unconstitutional breadth of ATF's language. The ATF states: "...these devices convert an otherwise semiautomatic firearm into a machinegun."

GOA’s Eric Pratt got it exactly right in a recent email to supporters when he said, “…hold on a minute. If the bump stock converts an AR-15 into a machinegun, then AR-15s could be next on the chopping block.”

After all, there are other items which can help bump fire an AR-15: rubber bands, belt loops, etc.

So, said Pratt, if bump firing an AR-15 turns it into a machine gun, then according to these ATF regs, the next anti-gun administration will have a choice: To either ban rubber bands or ban AR-15s.

Which one do you think they'll choose?

Senator Dianne Feinstein recently lamented that the lawsuit by Gun Owners of America would keep the bump stock ban "tied up in court for years." We hope that’s true and that eventually the lawsuit against this administrative erosion of our Second Amendment rights will prevail. To learn more about the GOA lawsuit against the bump stock ban and how you can help go to Gun Owners of America through this link.

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