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DoJ Rules That Bump Fire Stocks Are Now Machine Guns, Fall Under NFA Regulation
The Truth About Guns ^ | 11/15/18 | Dan Zimmerman

Posted on 11/15/2018 8:06:39 AM PST by Simon Green

“The Department of Justice is issuing a rulemaking that would interpret the statutory definition of machine gun in the National Firearms Act of 1934 and Gun Control Act of 1968 to clarify whether certain devices, commonly known as bump-fire stocks, fall within that definition.”

That’s the intro (or “abstract”) to the DoJ’s newly issued public rule following their re-examination of the classification of bump fire stocks. This, of course, was done after last year’s Las Vegas Mandalay Bay shooting in which 58 people were killed and hundreds more were injured. That was the only crime in which a bump fire stock had ever been used.

The ATF had issued an approval letter to SlideFire for their bump fire stock back in 2010 that read, in part:

“The stock has no automatically functioning mechanical parts or springs and performs no automatic mechanical function when installed. … Accordingly, we find that the ‘bump-stock’ is a firearm part and is not regulated as a firearm under Gun Control Act or the National Firearms Act.”

That was, of course, the correct ruling under the law as written.

In February, however, President Trump directed Justice to take another look at them, a move that was supported at the time by the NRA. He apparently wanted the ATF to look deeply into the emanations and penumbras of the law to see if, just maybe, there was a way to look at bump fire stocks in a whole new way.

Well, take another look they have, and — to the surprise of no one — now that we’re past the midterms, the DoJ has now classified bump fire stocks as NFA-regulated items, the legal equivalent of a machine gun.

This rule is intended to clarify that the statutory definition of machinegun includes certain devices (i.e., bump-stock-type devices) that, when affixed to a firearm, allow that firearm to fire automatically with a single function of the trigger, such that they are subject to regulation under the National Firearms Act (NFA) and the Gun Control Act (GCA). The rule will amend 27 CFR 447.11, 478.11, and 479.11 to clarify that bump-stock-type devices are machineguns as defined by the NFA and GCA because such devices allow a shooter of a semiautomatic firearm to initiate a continuous firing cycle with a single pull of the trigger. 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.

You can read the full rule here.

There’s only one problem. As stated above,

…such devices allow a shooter of a semiautomatic firearm to initiate a continuous firing cycle with a single pull of the trigger.

That’s demonstrably false. As anyone who’s used one can tell you, a bump fire stock slides back and forth, allowing the shooter to pull the trigger faster. But the rifle still fires only one round per trigger pull. It may simulate rapid fire approximating what a fully automatic weapon does, but it’s still semi-automatic.

That, of course, was the basis for the ATF’s original approval eight years ago. But the law and the facts apparently aren’t in play when there are larger, political considerations.

From the rule’s costs and benefits section:

This rule provides significant non-quantifiable benefits to public safety. Among other things, it clarifies that a bump-stock-type device is a machinegun and limits access to them; prevents usage of bump-stock-type devices for criminal purposes; reduces casualties in mass shootings, such as the Las Vegas shooting; and helps protect first responders by preventing shooters from using a device that allows them to shoot a semiautomatic firearm automatically.

Just how the DoJ plans to handle the millions of unregistered bump fire stocks that are already owned by the public isn’t clear.

So far, there’s no word from the administration as to when they intend to begin the notice and comment process on the proposed reclassification of rubber bands as machine guns, but we’ll keep you informed.


TOPICS: Constitution/Conservatism; Front Page News; Government; News/Current Events
KEYWORDS: banglist; doj
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To: gov_bean_ counter

“He is gone, or didn’t you get the memo???”

The memo said that it was done under his supervision.


21 posted on 11/15/2018 8:39:59 AM PST by Bonemaker (invictus maneo)
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To: E. Pluribus Unum

“Better outlaw those evil rubber bands, too.”

Don’t forget belt loops, those will have to be banned too.


22 posted on 11/15/2018 8:42:34 AM PST by Beagle8U (Free Republic is one stop shopping...It's the super Walmart for news.)
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To: gov_bean_ counter

Do you think all of that was started and finished in the past week, or did you just spend last night at a Holiday Inn Express?


23 posted on 11/15/2018 8:43:27 AM PST by ConservativeMind (Trump: Befuddling Democrats, Republicans, and the Media for the benefit of the US and all mankind.)
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To: Simon Green
"helps protect first responders by preventing shooters from using a device that allows them to shoot a semiautomatic firearm automatically."

this of course is nonsense. The only place a bump fire rifle would be more deadly than firing standard semi-auto is in the one in a million situation of the Vegas shooting - where the shooter has an elevated position and is shooting into a large mass of people such that he cant miss, or perhaps shooting into a mass of people sitting in stadium bleachers. Why? Because otherwise you can't hit the broad side of a barn using them. For first responders, someone taking aimed shots, who knows how to shoot a rifle, would be much more deadly.

24 posted on 11/15/2018 8:43:42 AM PST by circlecity
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To: chiller

“They ( and I ) think this is no big deal.”

Speak for yourself. It’s the principle of the thing...a knee jerk emotional reaction to a mass shooting which fell right into the hands of the anti-gunners. Weak people caved. Shouldn’t give the bastards an inch.


25 posted on 11/15/2018 8:46:22 AM PST by Bonemaker (invictus maneo)
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To: Bonemaker
>>>>“President Trump has now implemented more gun control in his first two years than Obama did in eight”
>>He didn’t...Sessions did.

The buck stops where???

26 posted on 11/15/2018 8:47:21 AM PST by NorthMountain (... the right of the peopIe to keep and bear arms shall not be infringed)
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To: circlecity
For first responders, someone taking aimed shots, who knows how to shoot a rifle, would be much more deadly.

Looks like we need to ban ALL rifles ...

27 posted on 11/15/2018 8:49:02 AM PST by NorthMountain (... the right of the peopIe to keep and bear arms shall not be infringed)
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To: E. Pluribus Unum

“Better outlaw those evil rubber bands, too.”

You don’t even need a rubber band! Next, how will the ATF manage to “outlaw” trigger fingers? I actually think bump firing is just a waste of ammo, but if it “floats your boat,” have at it!

https://video.search.yahoo.com/search/video?fr=aaplw&p=bump+firing+without+a+bump+stock#id=1&vid=ffcb49276023cf62e04819e89b626738&action=click


28 posted on 11/15/2018 8:51:05 AM PST by vette6387
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To: Lazamataz
YES, It Is Legal to Shoulder an AR-15 Pistol Equipped with an Arm Brace

https://www.thetruthaboutguns.com/2017/04/foghorn/atf-its-legal-to-shoulder-an-ar-15-pistol-equipped-with-an-sb-tactical-arm-brace/

29 posted on 11/15/2018 8:53:15 AM PST by SVTCobra03 (You can never have enough friends, horsepower or ammunition.)
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To: JME_FAN
Trump did no such thing, and you damn well know it.

From October 1st of this year:

https://www.reuters.com/article/us-usa-guns-bumpstocks/trump-says-close-to-finalizing-effective-ban-on-gun-bump-stocks-idUSKCN1MB3C3

“We’re knocking out bump stocks,” Trump said at a White House news conference. “We’re in the final two or three weeks, and I’ll be able to write out bump stocks.”

30 posted on 11/15/2018 8:53:16 AM PST by Simon Green ("Arm your daughter, sir, and pay no attention to petty bureaucrats.”)
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To: Simon Green
President Trump has now implemented more gun control in his first two years than Obama did in eight.

You are absolutely correct. So let's summarize:

In the 8 years of the Obama administration we got:

"Bump Stocks" were made legal by his ATF.

He signed a bill making it legal to conceal carry in National Parks.

He signed a bill allowing firearms in checked baggage on Amtrak Trains reversing a ban put in effect after 9/11.

He removed the requirement that the chief LEO of your county sign off on any application to purchase a real machine gun, thus removing a cumbersome step in the application process. (Typically this would be the Sheriff who almost would never sign off on this.)

I still support Pres. Trump 100% but he really needs to ignore some of his advisors. (Don't fall into the Bush-1 trap.(Bush bans importation of certain semi-autos after listening to Drug Czar Bill Bennett who said hunters wouldn't care, pissing off gun owners and loses reelection)

Perhaps Trump figures it will be thrown out in a court challenge. We'll see.

31 posted on 11/15/2018 8:54:50 AM PST by Jed Eckert
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To: Simon Green

You stated that Trump has effected more gun control in two years than Obama did in eight years. I reply you’re full of sh*t. Period. Now, piss off.


32 posted on 11/15/2018 8:56:11 AM PST by JME_FAN (If you lived here, you'd be home by now.)
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To: SVTCobra03
YES, It Is Legal to Shoulder an AR-15 Pistol Equipped with an Arm Brace

Until they change their mind. Again.

33 posted on 11/15/2018 8:56:49 AM PST by Simon Green ("Arm your daughter, sir, and pay no attention to petty bureaucrats.”)
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To: taxcontrol

“to clarify that bump-stock-type devices are machineguns as defined by the NFA and GCA because such devices allow a shooter of a semiautomatic firearm to initiate a continuous firing cycle with a single pull of the trigger.”

By this logic though couldn’t some filthy lawyer proclaim that since the semi auto itself can be “readily” converted to full auto with a bump stock, it therefore should be covered by the NFA?


34 posted on 11/15/2018 8:58:53 AM PST by Bonemaker (invictus maneo)
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To: chiller

Well, the media crafted perception is certainly an issue. They are so very good at remaining on message despite their protests that they aren’t what they are.

When dealing with dilemmas the thing to realize is that they are usually crafted in such a way to nay present the bad options. Like the proverbial horns of a bull these invited responses open you up to impalement fro the other horns no matter which you choose.

With gun control, yes, it is important to point out the many times that firearms are used for defense; however, the other horn (the demand to do something) is not rooted at all in facts, but only in feelings, and is immune to that approach. They have their panties in a twist.

But the REAL problem, the uninvited response not wanted, is one in common with ALL Leftism, it is fighting against Arbitrary government and the presumption that people’s circumstances alone (perceived or real) are somehow basis for the federal to lawfully address them.

It is no coincidence that the NFA 1934 comes from the fetid flowering of Arbitrary government that was the 1930s, for it was then that people finally stopped supporting the Republic as FDR cast it aside for a fistful of benefits, programs and federal power grabs.

Ultimately addressing gun control means having the larger debates that we never had back then, forcing people to deal with the fact that they hate the Constitution that actually exists and pressing home that their circumstances, their feelings, are immaterial when it comes to what government can lawfully do.

Screw everyone equally ... save the Republic from progressive pablum.


35 posted on 11/15/2018 8:59:30 AM PST by Rurudyne (Standup Philosopher)
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To: JME_FAN
You stated that Trump has effected more gun control in two years than Obama did in eight years. I reply you’re full of sh*t. Period. Now, piss off.

Is that what you’re reduced to when the facts aren’t on your side? Childish vulgarity? Rather sad.

36 posted on 11/15/2018 9:01:44 AM PST by Simon Green ("Arm your daughter, sir, and pay no attention to petty bureaucrats.”)
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To: Simon Green

You’re a Never-Trump retread. Get lost.


37 posted on 11/15/2018 9:03:22 AM PST by JME_FAN (If you lived here, you'd be home by now.)
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To: JME_FAN
Still don’t have a reasoned response , eh? And by the way...

Get lost.

No.

38 posted on 11/15/2018 9:09:54 AM PST by Simon Green ("Arm your daughter, sir, and pay no attention to petty bureaucrats.”)
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To: Rurudyne

“This rule provides significant non-quantifiable benefits to public safety.”

Only a government committee could come up with a sentence like that. It’s just like everything else with liberals and delusion people - feelings as opposed to facts.


39 posted on 11/15/2018 9:11:24 AM PST by 21twelve (!)
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To: ConservativeMind

Wasn’t teleasedbin his watch, plus Trump said he was going to do something about bump stocks.

Trump’s policy is being put into place.


40 posted on 11/15/2018 9:14:51 AM PST by gov_bean_ counter (Ruth Bader Ginsburg doctor is a taxidermist.)
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