Judge Gives Green Light To Trump’s Ban On Bump Stocks
BY Herschel Smith5 years, 10 months ago
A federal judge gave the Trump administration the go-ahead on Monday to ban “bump stocks” – rapid-fire gun attachments used in the deadliest mass shooting in modern U.S. history – in a defeat for firearms rights advocates.
“None of the plaintiffs’ challenges merit preliminary injunctive relief,” Washington-based District Judge Dabney Friedrich wrote in a 64-page ruling.
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Friedrich found courts have regularly recognized the ATF’s authority to “interpret and apply the statutes that it administers,” including the definition of a machine gun.
So in other words, because the courts have teamed up with the administrative state to empower themselves even further, it’s okay. There’s precedent for it. Congress doesn’t really matter if we give all authority to the administrative state anyway.
I see that David Codrea is already on this.
Judge Friedrich begins with the assertion that “According to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the [Las Vegas] gunman used multiple ‘bump stocks’ in the attack, which increased his rate of fire.” As contrary to most news reports, political claims and public opinion as this may sound, that has never been definitively established, or if it has, that information has not been made public. True, guns were recovered from the scene with bump stocks attached, but, as a Freedom of Information Act response documented, ATF was denied inspection access to weapons at the scene to determine if the ones used had been modified with “machine gun fire-control components or known machine gun conversion devices,” and to this day no report of technical examination has been released.
He further observes, “Who’s still asleep enough to still think this is “just about bump stocks” or still in denial enough to insist that it’s some genius 3D chess maneuver purposely designed to lose in the courts?”
That was my first thought when I read the report from Reuters. Yea, what about that 3D chess match Trump is playing to make this all fail in court? I’ve seen that sort of floated by Glenn Reynolds before, who also notes that this is unconstitutional.
I never once thought that Trump wanted anything but a bump stock ban since (contrary to what the Reuters article says) the NRA gave him cover for it. He believes that gun owners are a monolith represented by the NRA, when in actuality, many if not most of us consider them to be to willing too compromise.
It’s as if Trump doesn’t really know who his base is, or doesn’t understand them, or doesn’t really care, or simply believes he can replace them with another base.
On February 26, 2019 at 9:21 pm, Saint Mike said:
I say it again, 550,000 plus instant felons in 3 weeks. People that were/are Trump supporters.
DJT will be a one term president.
And will go in the history books as one of the top three Presidents to eviscerate the 2nd Amendment.
On February 27, 2019 at 8:32 am, ragman said:
I never thought Trump cared one way or another about the 2nd. This ruling is probably based on a lie concerning usage of this novelty item in the Las Vegas shooting. F Troop was not allowed to inspect the rifles? Why not unless they weren’t used. Everything that the government generates is a lie.
On February 27, 2019 at 12:19 pm, Towser said:
“It’s as if Trump doesn’t really know who his base is, or doesn’t understand them, or doesn’t really care, or simply believes he can replace them with another base.”
Tongue in cheek… right? Just checking.
On February 27, 2019 at 12:43 pm, Geoff said:
“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.”
How could anyone except a complete idiot believe that definition?
Your finger continues to physically manipulate the trigger, but with assistance. What about this guy who can dump 100 rounds in just over 6 seconds with NO BUMP STOCK? Is his finger now a machine gun?
https://www.youtube.com/watch?v=g62m7yOhgRY
On February 27, 2019 at 1:10 pm, Color Of Law is NO Law said:
“…Refer to the July 30, 1993 ruling of the United States Court of Appeals for the Seventh Circuit, 1 F.3d 1511; 1993 U.S. App. Lexis 19747, where the court ruled in United States v. D.J. Vollmer & Co. that “the B.A.T.F. has jurisdiction over the first sale of a firearm imported to the country, but they don’t have jurisdiction over subsequent sales.”
On February 27, 2019 at 1:21 pm, Fred said:
What 2 regulations were rescinded to put the bump stock ban in place? Remember that promise, and subsequent order to all departments and agencies? Trump is big government liberal and a liar. Nobody will have done more damage to American freedom than Donald J. Trump and his Red Flag Gun Control.
On February 27, 2019 at 5:11 pm, Manithree said:
Even with Gorsuch on the SCOTUS, I still wonder if he is better for us than Hillary.